This past month has resulted in at least two car-bicycle collisions, each with its own tragic consequence. Several weeks ago, Boise Police Officer Chris Cowling was struck by a driver in Caldwell. Officer Cowling was the victim of a hit and run that has left him hospitalized and facing a long recovery. A little more than a week ago another Boise bicycle rider was struck by a car making a left turn. That driver was cited for an infraction. Some might say that this year has been kinder to bicycle riders than last year – when three riders were killed. Here are three things you need to know if you have been hit by an Idaho driver while riding your bike:

First – you have the right to collect your damages from the driver of a vehicle that strikes you while riding your bike, but bicycle riders have obligations and duties to others on the road too. Those duties include your duty to follow the traffic laws. If you fail to follow those laws and are struck as a result, your own negligence may preclude a full recovery.

Second – like any other civil action in Idaho, there are time limitations on your right to recover. Generally in Idaho a civil action for negligence requires that you commence your suit in two years. The actual statute may give you more time if you were a minor at the time.

Third – you need to keep good track of the records that demonstrate your damages. Keep copies of those medical bills and pharmacy records so that you can demonstrate your actual damages. The same is true of your lost time at work. And keep a simple log of your recovery – who you saw, what physical therapy or medical visit occurred and when, and how you felt.

Most importantly, take time to heal. We ride because we love being out there on the road – so get back in shape and back out with friends riding in Boise. 

I was reminded how dangerous riding bikes in Boise can be last night when a car decided to play "chicken" with me as I was riding in Columbia Village. My iPhone camera did not capture that blue sedan as it bore down on me – and I chased the driver back to Federal Way to get the license number, but never quite got there. Here’s hoping that idiot does not strike some rider – and here’s hoping Chris Cowling and other cyclists hit recently on the roads have a full recovery.


Continue Reading Hit While Riding Your Bike In Idaho? Three Things You Need To Know

Just how do you address the court? What does your language tell the judge in that Ada County or Federal Court appearance? Whether you are a lawyer or a defendant, an expert witness or a plaintiff, the way you speak and the things you say can make a difference. Check out this video, it’s hilarious, but sadly true. We seldom speak with the authority or conviction we need to convey in court.


Continue Reading Preparing For A Court Appearance – Speak Like You Mean It

You may recall that I recently wrote about an incident involving a Boise man who was Tasered against Boise Police Department policy and the City Ombudsman’s decision that the officers had violated their policy and his rights.  He planned to sue for damages while local officials could not find a criminal charge to use against the officer.  Today we have a


Continue Reading Taser Update – Charlotte Agrees To Pay $625,000

 An Idaho Statesman article reports on the findings of the Boise Police Ombudsman that officers used excessive force when they used their Taser on a suspect’s "buttocks."  OK – so another poor fool got the Taser and now the Ombudsman wants us all to understand that even he can identify misconduct when he sees it – or hears it.  That


Continue Reading Boise Police Used Excessive Force – The Real News Is The Ombudsman Finally Found A Problem!

 I happened to check out a blog entry tonight in which the Eleventh Circuit Court of Appeals decision in Buckley v. Haddock was reviewed.  In Buckley, Court ruled that an officer who used his taser on a handcuffed man arrested for a misdemeanor had NOT used excessive force.  The cop had ordered the man to get up off the ground,


Continue Reading When Is It Excessive Force? Taser Time In The 11th Circuit

I get at least three calls a week from folks who think their civil rights have been violated and want me to take their case. "Cause" might be a better description than case for the most part. So why is it so tough to get an attorney to take a civil rights case? Here are my Top 4 Reasons Most


Continue Reading Top Four Reasons Most Civil Rights Cases Can’t Find A Lawyer

 Another week starts with a new focus – crime victims.  I am drafting a complaint in a case for a victim of a terrible crime.  She is young, and hurt and humiliated, and she is deserving of the very best chance at a future she can possibly have.  Our lawsuit may be that chance.  Crime victims are so frequently scarred


Continue Reading A New Week – Crime Victims Deserve Support