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The Bicyclist
Juror: "THE GREAT LEVELERS"
Imagine
opening your mail box one day and
receiving a letter from the courthouse
summonsing you to
Jury Duty. Some might send in an
objection to get out….whereas others
will report at 8:00 a.m. to the court
house Jury lounge to watch the
introductory Juror movie…before getting
sent out to a courtroom or home…(if not
needed).
So what
does this have to do with bicyclist
legal tips?
ANSWER: A lot.
Let me
share what I see (as a bicycle injury
victim’s advocate) and try to connect
bicyclists’ needs to Jury duty. The
conflict usually arises when I get a
call from an injured bicyclist or
triathlete. Either it’s a solid
economical case or simply not that bad
to warrant hiring a lawyer. (I’ll talk
about that subject in more detail in
another article.)
In any
event, either I see low ball insurance
offers (in many instances) for the
injured or athletes trying to “go it
alone”, in hopes of being treated fairly
by the insurance company. In both
cases, it’s the prospect of having to
face a real live jury that provides the
necessary “reality check” to the
insurance company to promote an eventual
settlement….in most cases.
Now,
imagine if athletes
across the USA, unanimously
appeared for jury duty. There wouldn’t
be enough juror “strikes” (usually 6 in
California) by the insurance defense
lawyer to stack the jury against the
athlete with non athletes. Instead, the
injured athlete might get a jury
foreperson that could go into
deliberations and impress upon the other
less active jurors the value of a loss
of lifestyle, or damaged health. This
perspective in the deliberation room
will send a message into the community
in the form of a fair jury, verdict that
protects bicyclists, i.e.:
1. Bicyclists have rights.
2. Share the road with a bicyclist.
3. Fix pot holes in roads.
4. Construct bicycle lanes and paths for
safety.
5. Athletic lifestyle matters, it’s not
just a hobby.
6. Present and future health care costs
should be paid
in full
to victims – not chipped away and
discounted by the insurance defense
lawyers.
7. Non-economic damages should be paid
for …. i.e. scars, pain, suffering,
distress, discomfort, anxiety, fear,
change of lifestyle…. In order to
acknowledge the
“total persons” losses.
8. Promptly settle in big and small
cases with or without
a lawyer, or get hammered by a jury.
In
conclusion, the best
legal tip I
can give a bicyclist or athlete is to
get on a jury and express your views, to
improve society. As athletes and
jurors… you can bring a giant to
justice…. Vote your values, as
juror-athletes are the “Great
Levelers”.
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