Feb 20 by jason

Is it legal to ride my bike in a crosswalk?

Technically, you are supposed to walk your bike in a crosswalk. But even if you are riding your bike in the crosswalk, that is no excuse for a negligent driver to hit you in the crosswalk. And, even if the police officer notes that you were riding your bicycle in the crosswalk that does not…

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Feb 13 by jason

Is it legal to ride my bike on the wrong side of the road?

The practical answer is whether you’re on the proper side of the road or the improper side of the road, if you are riding safely and a vehicle is driving unsafely, we can make a recovery for you. Now, the police report may ticket you for riding on the wrong side of the road, but…

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Feb 06 by jason

What if I’m hit while riding my bike on the sidewalk?

This comes up a lot. Theoretically, you’re not supposed to ride your bike on the sidewalk. However, that’s not the end of the story. A lot of times, the safest place to ride your bike is on the sidewalk. There may be no other safe place to ride it. And, even if the police officer…

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May 16 by jason

Will I have to pay taxes on my recovery?

Ninety-nine percent of the time your recovery from a personal injury case will not be taxable, that’s the way the law is set up. So this is tax-free money that you recover, and not only is it tax-free which means that you don’t owe taxes, you don’t even report it to the IRS.

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May 09 by jason

If I’m on Medicare, can they take my entire recovery?

If you’re on Medicare, they cannot take your entire recovery. If you are on Medicare there is a national formula and the most Medicare will ever take is 50% of the net to you. So, the most common example is that you have a medical bill paid by Medicare of $300,000, we only recover for…

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May 02 by jason

If I’m on Medicaid, can they take my entire recovery?

No, at least if you are on MediCal–the California version of Medicaid–they cannot take your entire recovery. The law in California is that the most MediCal can take out of your recovery is 50% of your net. So to give an example, let’s say you’re in an accident where the other person has $100,000 worth…

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Apr 25 by jason

If I’m rear-ended, is it always the other person’s fault?

Under California law there is a presumption that if you are struck in the rear, that it is the fault of the person who struck you. It is what is called in the law a “rebuttable presumption,” and what’s meant by a “rebuttable presumption” is it’s not 100 percent concrete that it’s always the other…

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Apr 18 by jason

Are bike accidents treated differently than auto accidents?

Bicycle accidents and auto accidents, technically, are treated identically under California law. The rules of determining who is at fault are the same. As a practical matter, they really are treated differently. And the reason they’re treated differently has to do with what city or county the case is handled in. There are certain places…

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Apr 11 by jason

Are motorcycle accidents treated differently than auto accidents?

Technically, motorcycle accidents and auto accidents are treated identically under the law, but as a practical matter juries are less kind and less favorable to motorcycle riders than they are to automobile drivers. And this is very often an unfair stereotype. The jury sometimes assumes that the motorcyclist is crazy, taking unnecessary risks, etc –…

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