The Law Firm of Richard Duquette Obtains a Six-Figure Settlement for a Carlsbad Bicyclist

Bicycling and the Law: Four Tips to Recover a Fair Property Damage Settlement

A solid six-figure settlement was reached for an injured Carlsbad bicyclist by his bicycle injury trial lawyer Richard L. Duquette of Oceanside, California, with co-counsel Michael Norton, Esq.

In March of 2019, the bicyclist was injured commuting from work, when a tourist from Missouri driving a rent-a-car made an abrupt “right hook” turn in front of him, causing the crash. The bicyclist’s left shoulder impacted the vehicle, causing shoulder ligament and tendon damage.

The crash aggravated the bicyclist’s multiple prior left shoulder surgeries. The bicyclist waited 87 days before seeking medical attention, hoping he could use his prior physical therapy exercises to heal his shoulder.

The motorist’s insurance company initially made a “low ball” $15,000 offer, which was rejected by the bicyclist.

Mr. Duquette set the case for a jury trial. He deposed numerous expert witnesses. He also filed seventeen Motions in Limine with the Court to narrow the issues for a favorable jury trial verdict.

After the defense deposed the bicyclist’s orthopedic surgeon expert witness that Mr. Duquette retained for trial, the defense accepted the bicyclist’s CCP 988 offer to settle for six figures just before trial.

“Unfortunately, insurance companies ‘low ball’ bicyclists with pre-existing medical conditions, even when liability is clear. Mr. Duquette believes in the law, which says that the insurance company should take the bicyclist ‘as is.’ Justice is not reserved for perfect specimens. If you aggravate a prior injury or condition, the insurance company is still liable and must take full responsibility,” said Mr. Duquette, of the Law Firm of Richard L. Duquette.

The defense was represented by John Everett, attorney for Avis Rent-A-Car and the tourist defendant. (Case number 37-2020-0001534-CU-PA-NC)

Each case has unique facts and there is no guarantee of similar results.

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