Go Back  Bike Forums > Bike Forums > Advocacy & Safety
Reload this Page >

Local "cycling" attorney

Notices
Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

Local "cycling" attorney

Old 01-05-20, 06:58 AM
  #1  
jon c. 
Senior Member
Thread Starter
 
Join Date: Mar 2012
Location: Tallahassee, FL
Posts: 4,433
Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 1323 Post(s)
Likes: 0
Liked 636 Times in 350 Posts
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.
jon c. is offline  
Old 01-05-20, 09:10 AM
  #2  
BobbyG
Senior Member
 
BobbyG's Avatar
 
Join Date: Jan 2009
Location: Colorado Springs, CO
Posts: 5,764

Bikes: 2015 Charge Plug, 2007 Dahon Boardwalk, 1997 Nishiki Blazer, 1984 Nishiki International, 2006 Felt F65

Mentioned: 53 Post(s)
Tagged: 0 Thread(s)
Quoted: 1305 Post(s)
Liked 1,445 Times in 721 Posts
...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.
BobbyG is offline  
Old 01-05-20, 02:19 PM
  #3  
blue192
Senior Member
 
blue192's Avatar
 
Join Date: May 2008
Location: Ottawa
Posts: 502

Bikes: Norco Scene 1, Khs Westwood, Jamis Allegro 3x

Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 139 Post(s)
Liked 68 Times in 44 Posts
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.
blue192 is offline  
Likes For blue192:
Old 01-05-20, 02:27 PM
  #4  
CliffordK
Senior Member
 
CliffordK's Avatar
 
Join Date: Nov 2014
Location: Eugene, Oregon, USA
Posts: 27,319
Mentioned: 216 Post(s)
Tagged: 0 Thread(s)
Quoted: 17215 Post(s)
Liked 3,962 Times in 2,942 Posts
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).

Last edited by CliffordK; 01-05-20 at 02:31 PM.
CliffordK is online now  
Old 01-14-20, 09:58 AM
  #5  
indyfabz
Senior Member
 
indyfabz's Avatar
 
Join Date: Jan 2010
Posts: 36,130
Mentioned: 205 Post(s)
Tagged: 1 Thread(s)
Quoted: 16652 Post(s)
Liked 11,750 Times in 5,619 Posts
Originally Posted by BobbyG View Post
...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.
indyfabz is online now  
Old 01-15-20, 09:06 AM
  #6  
KonAaron Snake 
Fat Guy on a Little Bike
 
KonAaron Snake's Avatar
 
Join Date: Jun 2008
Location: Philadelphia, PA
Posts: 17,226

Bikes: Two wheeled ones

Mentioned: 42 Post(s)
Tagged: 0 Thread(s)
Quoted: 1254 Post(s)
Liked 335 Times in 170 Posts
Originally Posted by blue192 View Post
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 is offline  
Old 01-15-20, 09:15 AM
  #7  
KonAaron Snake 
Fat Guy on a Little Bike
 
KonAaron Snake's Avatar
 
Join Date: Jun 2008
Location: Philadelphia, PA
Posts: 17,226

Bikes: Two wheeled ones

Mentioned: 42 Post(s)
Tagged: 0 Thread(s)
Quoted: 1254 Post(s)
Liked 335 Times in 170 Posts
Originally Posted by indyfabz View Post
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...
KonAaron Snake is offline  
Old 01-15-20, 09:48 AM
  #8  
livedarklions
Knurled Nut
 
livedarklions's Avatar
 
Join Date: Jun 2018
Location: New England
Posts: 14,869

Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM

Mentioned: 62 Post(s)
Tagged: 0 Thread(s)
Quoted: 7836 Post(s)
Liked 8,376 Times in 4,679 Posts
Originally Posted by KonAaron Snake View Post
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.
livedarklions is offline  
Likes For livedarklions:
Old 01-15-20, 09:57 AM
  #9  
KonAaron Snake 
Fat Guy on a Little Bike
 
KonAaron Snake's Avatar
 
Join Date: Jun 2008
Location: Philadelphia, PA
Posts: 17,226

Bikes: Two wheeled ones

Mentioned: 42 Post(s)
Tagged: 0 Thread(s)
Quoted: 1254 Post(s)
Liked 335 Times in 170 Posts
Originally Posted by livedarklions View Post
As an attorney, I'm going to strongly recommend not riding around in kit that tells drivers that you are an attorney.


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
KonAaron Snake is offline  
Old 01-15-20, 10:08 AM
  #10  
livedarklions
Knurled Nut
 
livedarklions's Avatar
 
Join Date: Jun 2018
Location: New England
Posts: 14,869

Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM

Mentioned: 62 Post(s)
Tagged: 0 Thread(s)
Quoted: 7836 Post(s)
Liked 8,376 Times in 4,679 Posts
Originally Posted by KonAaron Snake View Post


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.
livedarklions is offline  
Likes For livedarklions:
Old 01-20-20, 03:06 PM
  #11  
dougmc
Senior Member
 
dougmc's Avatar
 
Join Date: Jul 2008
Location: Austin, TX
Posts: 3,039

Bikes: Bacchetta Giro, Strada

Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 4 Post(s)
Likes: 0
Liked 1 Time in 1 Post
Originally Posted by KonAaron Snake View Post
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.

Last edited by dougmc; 01-20-20 at 03:11 PM.
dougmc is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell or Share My Personal Information -

Copyright © 2023 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.