Tag Archive for Choosing the right lawyer

Bass cuts red tape and consolidates road work, LA once again a traffic punch line, and bike helmets don’t prevent “accidents”

Just 74 days left until Los Angeles fails to meet its Vision Zero pledge to eliminate traffic deaths by 2025. 

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My apologies for yesterday’s unexplained absence. Let’s just say it was a rough night, health wise. 

Meanwhile, my neurologist followed up on last week’s test with the dreaded “you need to come into the office” call. 

Good times. 

Take it from me, kid.

Getting older is like riding an uphill double century with a flat tire, and no spare tube. 

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About damn time.

Los Angeles Mayor Bass issued an executive order intended to cut through the endless road repair red tape, requiring the many myriad city agencies involved in road work to actually work together, for a change.

According to the Los Angeles Times,

More than a dozen different departments and bureaus deal with the concrete, asphalt, street lighting, bike lanes, storm water drains and parks that Angelenos rely on. For years, the city has made unsuccessful attempts to untangle the byzantine bureaucracy that maintains the streetscape, in which a seemingly simple fix like repaving a corner can conjure up a web of departments, timelines, requirements, studies and objectives.

This directive aims to get everyone on the same page. It disbands a myriad of existing working groups and replaces them with a centralized system.

The order will create a working group composed of the general managers from nine different city divisions to actually coordinate and streamline street and sidewalk work, for the first time.

This replaces the current system where one city department is charged with fixing sidewalks, while another does repaving and a third paints stripes on it, with little or no coordination between the two.

And finally ending our blindfolded road management where the right hand literally doesn’t know what the left is doing.

In theory, at least.

We’ll have to see if and how well it actually works.

But how many times have we been told that bike lanes weren’t painted after street work, because no one told the appropriate agency they were supposed to go in?

Short answer, too many.

Longer answer, too damn many.

This is not the vertical reorganization that bike and street safety advocates have long called for, to move every agency involved in street work into a single agency, with one department head accountable for everything.

But it’s a start.

Let’s hope it ends up being more than that, for a change.

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Ouch.

Momentum responds to a proposal from “car-loving (Ontario) Premier Doug Ford” to make the province the final arbiter on bike lanes, which should go in “only where it makes sense.”

It is a massive overreach to tell individual cities how to build roads in their communities. It’s also just plain dumb.

The first lesson for anyone planning traffic is that the single-occupancy vehicle is the most expensive and least efficient way of moving people. Ever. Roads cost billions. More roads create more cars. What more road construction fails to accomplish is reducing traffic congestion. See: Los Angeles et al.

Maybe some day, we won’t be the punchline when it comes to traffic failures.

But today is not that day.

Meanwhile, an Ottawa city councillor warns of a looming culture war between motorists and bicyclists if they can’t build any more safe streets.

And Canada’s “Biking Lawyer” claps back at Ford, pointing out problems with the legislation, as well as with the media coverage.

And yet, somehow manages to avoid asking “Are they effing nuts, or what?”

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Um, no.

A legal website says wearing bike helmets and protective gear while bicycling is crucial to prevent accidents.

Where to even start?

First of all, crashes and collisions aren’t accidents. Somewhere along the line, someone broke the law and/or did something stupid to cause it.

Second, depending on the circumstances, a bike helmet may or may not help in the event of a crash. But it sure as hell won’t prevent one.

Not even this helmet.

And third, what the actual heck do they mean by protective gear? Are we supposed to wear flack jackets with embedded flashers? Or maybe put hi-viz bumpers on our bikes?

Seriously, this appears to have originated with a St. Louis lawyer, which raises the question of why the people who should know better too often don’t.

And makes clear once again the importance of getting — and vetting — a good lawyer if you ever need help.

I can vouch for the ones over there on the left, and would trust any one of them with my case, if I had to.

But do your own research, and choose someone who knows bikes and knows the law, and who you can count on.

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It’s now 302 days since the California ebike incentive program’s latest failure to launch, which was promised no later than fall 2023. And a full 40 months since it was approved by the legislature and signed into law — and counting.

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The war on cars may be a myth, but the war on bikes just keeps on going.

A bike rider in Edinburgh, Scotland was shocked to find a driver literally parked on top of his bicycle, which had been locked to light post on the sidewalk. Which raises the obvious question of why the driver didn’t notice the bike when they rolled over it. Or care.

Horrible news from Paris, where the road-raging driver of a luxury Mercedes SUV is being investigated for murder after apparently deliberately running down, then running over, a 27-year old man riding in a marked bike lane, after an argument between the men; the driver appeared to hit him twice, before backing up and driving over him — with the driver’s teenaged daughter in the car. A French news site says conflicts between bicyclists and drivers are becoming increasingly common.

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Local  

LAist has all the information you need to develop your voting game. Except for how to bike the vote.

The planned Complete Streets makeover of Fountain Ave through West Hollywood has become a dividing line between warring factions in the upcoming election for WeHo city council contest, while a new petition calls for saving parking on the street, not lives.

Streetsblog’s Joe Linton offers his photos of Sunday’s Heart of LA CicLAvia, where a good time was once again had by all.

Pre-registration for the Santa Clarita Finish the Ride ends in just nine days, with the various rides rolling on October 27th.

 

State

There may be hope for San Diego-based Juiced Bikes yet, after the company’s intellectual property, branding, and existing inventory and assets were sold to a mystery buyer at a bankruptcy auction.

Santa Barbara’s police chief says potential changes to the city charter aren’t intended to criminalize bicycling, but to instead curb bad actors. Although well-meaning changes to the law meant to address one group too often end up affecting everyone else.

San Francisco mayoral candidates insist the city’s deadly streets can be fixed.

Over 160 Bay Area candidates for local, state and federal officials responded to a sustainable transportation questionnaire with their stands on issues regarding transit, bikes, traffic violence, climate change and accessibility.

 

National

The AP looks at the worldwide boom in lowrider culture, including low and slow rides on custom bikes.

The Washington Post explains how to plan a family bicycling vacation and actually enjoy it.

Women’s magazine Redbook recommends the 17 best ebikes on the market. Because evidently, there must be some unexplained drop-off once you get to number 18, as least for women. 

A Las Vegas woman faces up to 11 years behind bars after pleading guilty to the Christmas Eve hit-and-run that killed a 33-year old bike rider last year.

New York is calling a halt to their version of the Marathon Crash Ride, after a bicyclist riding the closed course before the city’s marathon hit a pedestrian last year.

The owners of a new North Carolina business planned to shuttle mountain bikers to local trails, but have shifted their focus to repairing local trails damaged by Hurricane Helene.

Drivers in Abbeville, Louisiana, like drivers everywhere, can’t seem to figure out what sharrows mean.

No surprise here, as Florida once again ranks as the nation’s most dangerous state for bike riders, with 8.4 deaths per million people; California checks in at a relatively low number six, with less that half that.

 

International

Cyclist recommends the best bike socks to keep your tootsies toasty.

Toronto researchers are using machine learning to determine the best places to put protected bike lanes. Um, like everywhere?

Evidently, things aren’t any better in Cuba, either.

Here’s another one for your bike bucket list. A new bike route along both sides of the border between England and Wales links eight heritage sites, ranging from Welsh castles to Roman ruins.

Life is cheap in the UK, where a stoned driver walked without a day behind bars for running down a bicyclist riding on the sidewalk, leaving the man with lifelong injuries — and somehow wasn’t charged with DUI, despite driving at twice the country’s legal cannabis limit. And if you ever wonder why people keep dying on the streets, you can start right there. 

Ninety percent of British residents are afraid to ride in the country’s cities, put off by fear of crashes, road raging drivers and bike thieves.

About damn time, part two. The British agency responsible for operating, maintaining and improving the country’s highways will stop using the term “accident” to describe crashes, concluding “they’re not random events, but preventable incidents caused by human actions.” Now if we could just get someone to admit that on this side of the pond. 

Thousands of Dutch bicyclists are unable to reclaim their bikes, after a bike garage was closed “with immediate effect” when cracks were found in the concrete.

A travel writer spends three days biking around the Japanese island of Kyushu, and calls it an incredible way to see it.

 

Competitive Cycling

Wout van Aert is back in the saddle and pedaling toward ‘cross season after his devastating crash.

Former pro Michael Rasmussen calls the signing of four-time Tour de France winner Chris Froome “a fantastic pension plan” and “the worst signing in cycling history,” branding Froome a “half-time clown” after his “undignified, meager” season. Sure, but how does he really feel? 

A horrible solo crash on a steep descent outside of Boulder, Colorado put 1984 Tour de France Feminin winner Marianne Martin in the hospital suffering from a concussion and collapsed lung, with a clavicle fractured in two places, 12 broken ribs — some more than once — and road rash; a crowdfunding campaign has raised over $16,000 of the relatively modest $30,000 for her medical care.

The Belgian Waffle Ride announced a new “unroad” race in Montana for next year, as the California edition moves to Del Mar.

Polish track cyclist Mateusz Rudyk says nothing is impossible with diabetes after winning multiple individual medals at both the world and European championships, despite being diagnosed with type 1 diabetes when he was 12.

About damn time, part three. Women were finally allowed to backflip their way to equality with the men at this year’s Red Bull Rampage.

 

Finally…

Seriously, who’d want to be a nuclear engineer when you can build bespoke bikes? Repeat after me — when you’re a ex-con carrying illegal drugs, paraphernalia and a loaded stolen gun on your bike, maybe try not riding salmon and running stop signs.

And that feeling when a bike lane is accused of turning a roadway into an open-air gas chamber.

Nope, no bias there.

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Be safe, and stay healthy. And get vaccinated, already.

Oh, and fuck Putin

The Bike Accident Lawyer You Choose Can Make Or Break Your Case

 

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

 

Last Sunday we attended the Los Angeles Bicycle Commuter Festival & Summit, which was organized by the Bicycle Culture Institute and its L.A. Bike Trains program. After helping to set up the Pocrass & De Los Reyes booth, I wandered around saying “hello” to old friends and making new ones.

As I was thinking about the many conversations I had with a variety of people at the festival, I was struck by the two things they all seemed to have in common: 1.) they all ride bikes and 2.) every one of them told me they’d been in a bicycle accident at some time in their life.

You wouldn’t think this would be such a revelation to me. After all, as a recreational cyclist, I, too, have been yelled at, “flipped off,” and only avoided a collision (so far), because I was more aware than the motorist was.

As a bike accident lawyer, I have handled hundreds of bike accident cases, which has allowed me to develop a relationship to many people who have suffered life-altering injuries, because of the negligence or carelessness of another. I see their struggle to heal: physically, emotionally and financially. As one of the exhibitors, whose accident left him with numerous pins in his leg and with a limp, said to me Sunday, “You heal, but you’re never the same.”

It’s a peculiarity of human nature that when we meet someone and they tell us their career, we have an urge to tell them our personal experience with their profession. We tell doctors our symptoms. We tell IT people our computer problems. And we tell bike accident lawyers about our bike accident case.

I never mind when people want to tell me about their bike accident case, even if it was resolved years ago. I am, though, very careful of how I respond. After all, I am hearing someone’s perspective, and I haven’t reviewed the case. I don’t want to Monday-morning-quarterback another lawyer.

There have been a few times (one of which happened last Sunday, which was the genesis of this post), that inside I was just shaking my head trying to figure out what the person’s lawyer was thinking. But I’m not going to go into that here.

Instead, I am going to give you the secret code of how to choose a lawyer. And though this information generalizes to all practice areas, I am going to use bike accident lawyers as an example.

Bike Accident Experience: does the lawyer have experience in handling bike accident cases? Just as you wouldn’t go to a foot doctor for a heart condition, you don’t want to go to a business attorney for a bike accident.

A bike accident attorney is very familiar with bike accident and motor vehicle law. These laws can be complicated, especially if a bicyclist is hit by a truck and then all sorts of federal or state laws could apply.

Another example is California’s comparative negligence law. This means that the court (or jury) can apply percentages of fault in a motor vehicle accident and a bicycle accident. So even if the cyclist is found to be 10 percent at fault, other entities could be found to be 90 percent at fault, and compensation is proportioned out on that basis.

This is particularly important in terms of liability. If you are hit by a car and the motorist’s policy limit is, for instance, $50,000, then that is all the compensation you could get regardless of the verdict or the settlement.

An experienced bicycle accident attorney knows how to determine if someone else could be partially responsible for the bike accident, in addition to the motorist. Maybe it is a dangerous road or signage is poor and that particular spot has a history of accidents. In those situations, a government entity may be brought into the case.

Verdicts and Settlements: check the attorney’s record of verdicts and settlements in bike accident cases. There are attorneys who have little or no trial experience and automatically settle with insurance companies. This will work to your detriment.

The insurance companies know which lawyers do not want to go – for whatever reason – to court. Lawyers who are known to avoid court give the insurance company license to low ball their offers, which means you may not get the full amount of compensation you deserve and which you may need desperately.

Resources: checking the attorney’s record of verdicts also tells you their experience at trial. Court trials are very difficult. Contrary to popular belief, juries do not automatically lean towards the plaintiff, which is, typically, you. In fact, because of the insurance companies’ decades-long public relations campaign of “jackpot justice,” juries are often prejudiced against people who bring lawsuits.

What evidence is admissible and allowed into “the record,” takes years of learning and skill. Trust me; it is nothing like what you see on television. Trials are a game of rules, and the outcome is often dependent on how well an attorney knows those rules.

But maybe most important for you to know is that going to court takes thousands and thousands – sometimes even more than a million – dollars. Medical experts (doctors) charge between $500 to $1,000 a day. Just filing a complaint with the court is almost $500. All of this money is typically paid for by your bicycle accident lawyer until the case is resolved.

If an attorney does not have the financial resources to fund your case, they may not take your case to trial. Especially in today’s economic climate, insurance companies are refusing to settle (hoping you will go away) or low-balling offers. It is critical that every case be prepared as if it is going to trial.

Today it is not unusual for the insurance company to “settle on the courthouse steps” or while the jury is deliberating. But I can guarantee, if the case was not taken to trial, the cyclist would get nothing or little in settlement in those types of cases.

Affinity with your Lawyer. It is very important that you are comfortable with your bike accident lawyer and with their staff. You will develop a very close relationship with all of these people. You want to make sure that they are there to respond to you in a reasonable amount of time, that they understand your particular needs, and that they explain the legal process in ways you can understand so that you can make informed legal decisions.

I am a great believer in the American justice system. Like most trial lawyers, I have seen justice prevail many more times than I have seen it fail. Yes, it could be improved (better funding for the court system would be the first place to start), but I believe in it. However, the one thing I know absolutely is that the lawyer you choose – for all your legal issues – can make or break your case.

*California Vehicle Code 21200: A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. . .

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For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition.  For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com.

*Sponsored post