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<blockquote type=cite class=cite cite="">Dear List Mates<br><br>
The recent bicycle photo of the Drunk Driver hitting the racers in Mexico
is tragic.Just a quick legal point, many auto policies would cover such
an event if within 150 miles of the border,even if you are riding a
bicycle and not in your car.<br><br>
Also, I will post two articles (one below & one momentarily) relevant
to the recent current events, the Mexico crash & the recent guilty
plea to the Solana Beach cyclists death.They are: "Suing a Drunk
Driver" and "Bicyclists rights in Court". <br><br>
These and other practical bicycling articles can be found on my web
site at
<a href="http://www.911law.com/" eudora="autourl">www.911law.com</a>
<br><br>
Ride Safe, Ride Strong<br><br>
Richard Duquette<br>
<a href="http://www.911law.com/" eudora="autourl">www.911law.com</a><br>
Carlsbad<br>
760-730-0500<br><br>
<blockquote type=cite class=cite cite=""><br>
<h1><font size=6 color="#660033"><b>Suing a Drunk
Driver:</b></font></h1><br><br>
<font size=2><br><br>
<br>
<img src="http://www.911law.com/images/Suing_11.jpg" width=67 height=100 alt="[]">
Recently I settled what initially looked like a small case for a
triathlete/cyclist. We were fortunate to receive the defendant’s
<b>full</b> insurance policy limits. I believe this was because the
defendant was convicted of <b>drunk driving</b> prior to my handling the
civil case. I wanted to share my perception as to why the insurance
company paid the <b>full policy limits</b> in this case. I think the
insurance company ultimately realized that if they continued to litigate,
they were <b>exposing their insured to punitive damages</b> and
attorney’s fees <b>beyond</b> the <b>policy limits</b>. Punitive damages
are designed to <b>punish and deter despicable and malicious conduct</b>.
For example, the defendant in our case drove with a <b>.20 blood alcohol
limit</b> (that’s the equivalent of 10 beers circulating in his system)
when his car slammed into my client’s vehicle.<br><br>
Normally punitive damages and attorney’s fees are not applicable in an
ordinary auto or bicycle personal injury case. In light of the
defendant’s conduct, and my deposition questioning exposing that he knew
the effects each beer had on his behavior and his admission to the
escalating effects of intoxication, I think his lawyer realized how angry
a jury would react to this type of conduct. The punitive damage award
would easily influence the <b>overall value of the underlying general
damages</b> that normally flow from a garden variety auto/cyclist case.
This became even more apparent, after I discovered during his deposition,
that he had been warned years before of the effects of alcohol while in a
3-month alcohol program after sustaining a <b>prior DUI conviction.</b>
This fact helped prove he knowingly choose to take a chance driving while
appreciating the risks of driving drunk.<br><br>
<b>Not all drinking rises to the level of a punitive damage case</b>,
even in an accident. However, in this particular case, the behavior was
<b>so outrageous</b> that it warranted punitive damages. So in this soft
tissue case, (which insurance companies ordinarily offer lowball
settlements to injured cyclist/athletes, even when active lifestyles are
affected) insurance paid the full policy limits of $15,000.<br><br>
So, the moral of the story is that <b>each personal injury case is
unique</b>, and justice <b>can</b> be obtained from an insurance company
when they are placed in the punitive damage/attorney fees “legal
crosshairs”. <b>This is true especially while representing injured
cyclists/athletes; who generally make excellent witnesses and testify
very well in court as deserving claimants</b>.</font></blockquote><br>
Richard L. Duquette<br>
<b><i>Criminal Defense &<br>
Bicycle Injury Lawyer since <font color="#FF0000">1983<br>
</i></b></font>Carlsbad, CA<br>
<b>760-730-0500<br>
<a href="http://www.911law.com/" eudora="autourl">www.911law.com</a></b>
</blockquote>
<x-sigsep><p></x-sigsep>
Richard L. Duquette<br>
<b><i>Criminal Defense &<br>
Bicycle Injury Lawyer since <font color="#FF0000">1983<br>
</i></b></font>Carlsbad, CA<br>
<b>760-730-0500<br>
<a href="http://www.911law.com/" eudora="autourl">www.911law.com</a></b>
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