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-   -   Local "cycling" attorney (https://www.bikeforums.net/advocacy-safety/1191277-local-cycling-attorney.html)

jon c. 01-05-20 06:58 AM

Local "cycling" attorney
 
Saw an ad during the football game yesterday for a local attorney advertising for bicycling related cases. Well produced for a local ad, it showed the attorney in full kit with his bike saying that although cycling is generally a safe activity, sometimes accidents happen and his firm has experience with hundreds of such cases. In a relatively small market (the metro area is under 300K), I was a bit surprised at that number, although I don't believe the time period was specified. But the firm must think there are a fair number of potential cases out there to justify what I would think would be a relatively expensive ad.

BobbyG 01-05-20 09:10 AM

...on the other hand, if the bike and kit were used in an advertisement for the business, they may become deductible as a business expense, or subsidized by the firm. Also, while the market for bicycle-injury attorneys may not be big now, they may be planting a flag so that if it does become a thing they can claim they were the first to pioneer bicycle injury law in the area and have the most experience.

blue192 01-05-20 02:19 PM

This does not surprise me. Considering a 10 km/hr collision with a car, the cyclist is going to the hospital and potential payout from any legal action will be huge. And in turn the lawyer's legal fee.

CliffordK 01-05-20 02:27 PM

In a small city, if there is one cycling mortality a year, there may well be over 100 cycling accidents/injuries a year. Not all will seek out a lawyer, but some will.

Many of the payouts will be small, but there will be some large ones too. Nonetheless, take in a hundred cases of a few thousand dollars, and it would pay the wages of an attorney. And, the big payouts will be cream on top.

Traffic defence cases?

And, if there aren't that many cases, a cycling advocate may try to snag as many cycling related cases as possible, plus the more bread and butter cases (like drafting wills for cyclists).

indyfabz 01-14-20 09:58 AM


Originally Posted by BobbyG (Post 21271020)
...on the other hand, if the bike and kit were used in an advertisement for the business, they may become deductible as a business expense, or subsidized by the firm.

I think he was referring to the cost of buying TV time during a sporting event. That would be a business expense.

KonAaron Snake 01-15-20 09:06 AM


Originally Posted by blue192 (Post 21271376)
This does not surprise me. Considering a 10 km/hr collision with a car, the cyclist is going to the hospital and potential payout from any legal action will be huge. And in turn the lawyer's legal fee.

That’s not necessarily true...it depends on the insurance coverages and assets. Typically you’ll end up with half of the settlement after attorneys fees and expenses - the most outrageous of which are doctor narratives.

I strongly recommend all of you ask your auto insurance providers if you have medical protection as a pedestrian under a coverage, and if you do - jack that coverage up. This stuff varies by state law.

KonAaron Snake 01-15-20 09:15 AM


Originally Posted by indyfabz (Post 21283778)
I think he was referring to the cost of buying TV time during a sporting event. That would be a business expense.

Plenty of people would try to deduct the bike and kit. Hell, if he’s riding to court and to clients from a firm that he owns, he can likely take a piece of the bike that way. The kit - Probably not, but many would take it under “boots and uniforms”. Won’t stand up if audited.

In thinking about it more, he MIGHT have an argument that by branding himself as the bike attorney, riding around in kit is marketing. Stick his firm name on the kit...

livedarklions 01-15-20 09:48 AM


Originally Posted by KonAaron Snake (Post 21285173)
Plenty of people would try to deduct the bike and kit. Hell, if he’s riding to court and to clients from a firm that he owns, he can likely take a piece of the bike that way. The kit - Probably not, but many would take it under “boots and uniforms”. Won’t stand up if audited.

In thinking about it more, he MIGHT have an argument that by branding himself as the bike attorney, riding around in kit is marketing. Stick his firm name on the kit...


As an attorney, I'm going to strongly recommend not riding around in kit that tells drivers that you are an attorney.

KonAaron Snake 01-15-20 09:57 AM


Originally Posted by livedarklions (Post 21285238)
As an attorney, I'm going to strongly recommend not riding around in kit that tells drivers that you are an attorney.

:roflmao:

People like us CPAs more!

After a few legal dealings (one bike related injury, one divorce proceeding) I’d be tempted to take a run at you myself ;)

livedarklions 01-15-20 10:08 AM


Originally Posted by KonAaron Snake (Post 21285259)
:roflmao:

People like us CPAs more!

After a few legal dealings (one bike related injury, one divorce proceeding) I’d be tempted to take a run at you myself ;)


I've always marveled at the lack of common sense exhibited by attorneys who drive around with "ESQ" on their personalized plates. We're supposed to be good at anticipating other people's reactions.

dougmc 01-20-20 03:06 PM


Originally Posted by KonAaron Snake (Post 21285148)
I strongly recommend all of you ask your auto insurance providers if you have medical protection as a pedestrian under a coverage, and if you do - jack that coverage up. This stuff varies by state law.

As I understand it, as a general rule of thumb, at least in the US, PIP coverage covers your medical bills in any collision involving a motor vehicle -- even if you were a pedestrian or a cyclist and got hit by a car.

But ... it must be a collision with a motor vehicle -- if you collide with another cyclist, or crash into a pole on your own, it will not pay. There must be a motor vehicle involved.

Also, your name must be on the policy. I think your PIP coverage will cover people in your car even if not on your policy, but it won't cover them if they're not in your car and not on the policy.

And finally, at least in Texas (I have been through this personally), PIP payments can cover things that are already paid for -- for example, a car hits you while you're riding your bike. You have $20,000 in medical bills (bonafide, not the inflated amounts they like to throw at the uninsured.) Your health insurance pays $19,000 of that, and you pay the remaining $1000. Suppose you have $10,000 of PIP coverage, so you submit the bills to your PIP provider, and if they deem the amounts to be reasonable and proper (and the fact that your health insurance actually paid is a good sign), they'll send you a check for $10,000 -- and your health insurance has no rights to subrogate that, so you did indeed get paid $9000 more than you spent, and this is all proper.

That said, the larger the PIP coverage and the larger the medical bills, the more that the provider may decide that "these medical bills are not proper" and sometimes with large dollar figures you have to get a lawyer to help deal with your own insurance company. (And the lawyer wants 1/3rd, so it's not a decision to take lightly.) But for smaller amounts they tend to not give you too much grief.


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