Tuesday, June 28, 2011

Bicyclist Cut off by DC Motorist Settles Case



My client is an avid bicyclist. He is used to riding in traffic. On a nice bright Saturday he was pedaling along in Washington DC when a subcompact car made a left turn darting through traffic in front of him. My client tried to stop but could not and struck the side of the car. He fell off damaging his shoulder.

The defendant denied liability. The defendant claimed that there was no contact between my client and the vehicle. There was no crash damage to the side of the car. My client merely lost control of his bicycle and fell off. Further, the defendant claimed that the rotator cuff tear, the injury to the shoulder, which is a very painful injury, had nothing to do with the accident. This injury did require extensive surgery.

I was a bicycle mechanic. I asked to examine the bicycle. I learned that the fork was bent backwards. The fork is one of the weaker parts on the bicycle. The wheel assembly generally absorbs the blow and then bends back the fork which may bend back the frame. In this case, the fork was bent back clearly demonstrating that there was an impact between the bicycle and the car.

The insurance company initially offered $6000 to settle the case. I filed suit on behalf of my client. I took the deposition of the defendant and on the record and under oath forced him to admit that he did not look further up than approximately 15 feet up the road before making the turn. In other words, he turned without looking for the bicyclist. My client was sympathetic and credible in his deposition. We were able to settle his case at over 12 times the original offer.

Wednesday, June 8, 2011

Lack of courtesy can lose a case

Lack of courtesy can lose a case

I tried a case last week where the police had a search warrant for a house. They knocked on the door at about 6 AM, waited less than 10 seconds, and then used the SWAT team to bang through the door and enter the home. In the home they found women, children, and my client. My client was searched without consent and six bags of marijuana were found upon him. He later on confessed to possessing marijuana.

Things look pretty bad for my client. He was on probation. The police had a warrant signed by a judge. They found the marijuana on him. He confessed that the marijuana was his. It sounds like a certain conviction.

The fourth amendment to the Constitution of the United States reads as follows, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

I argued to the judge that the search was unreasonable. Yes the police had a warrant. But under the common law of Maryland, the police are generally required to knock and give a reasonable amount of time before they enter a home. There are of course exceptions to this general rule, but this case did not fit into that exception. The court agreed with the argument, found the search to be unreasonable, consequently all evidence including the marijuana and the confession was suppressed and my client was found not guilty.

Had the police been courteous and waited a reasonable amount of time for someone to answer the door, this would not have happened.