Presenting a live 90-minute webinar with interactive Q&A Bicycle and Pedestrian Accidents Involving Motor Vehicles: Navigating Unique Legal Challenges Assessing Claims and Coverage, Managing Complex Evidentiary Issues, Overcoming Affirmative Defenses, Negotiating With Insurers WEDNESDAY, JULY 6, 2016 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Robert N. Katz, Partner , Katz Wright Fleming Dodson & Mildenhall , Decatur , Ga. Lyn B. Dodson, Partner , Katz Wright Fleming Dodson & Mildenhall , Decatur , Ga. Briant G. Mildenhall, Katz Wright Fleming Dodson & Mildenhall , Decatur , Ga. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Bicycle and Pedestrian Bicycle and Pedestrian Accidents Webinar Accidents Webinar July 6, 2016 July 6, 2016 Robert N. Katz Robert N. Katz robertkatz@thekatzlawfirm.com robertkatz@thekatzlawfirm.com Lyn Dodson Lyn Dodson ldodson@thekatzlawfirm.com ldodson@thekatzlawfirm.com Briant Mildenhall Briant Mildenhall bmildenhall@thekatzlawfirm.com bmildenhall@thekatzlawfirm.com 5
I. Assessing Cases Working backwards Always Works Best Working backwards Always Works Best Damages : When evaluating a Bicycle or Pedestrian Accident Damages : When evaluating a Bicycle or Pedestrian Accident case, it is always best to begin by assessing Damages. While a case, it is always best to begin by assessing Damages. While a significant injury is more likely in a bicycle or pedestrian accident, significant injury is more likely in a bicycle or pedestrian accident, it is not guaranteed. As with any case, the first step for an it is not guaranteed. As with any case, the first step for an attorney is determining whether or not the damages warrant the attorney is determining whether or not the damages warrant the attorney’s involvement. If the cyclist or pedestrian is not seriously attorney’s involvement. If the cyclist or pedestrian is not seriously injured, has not received any or limited medical treatment, then injured, has not received any or limited medical treatment, then absence a punitive damages element (ie: alcohol or drugs), it is absence a punitive damages element (ie: alcohol or drugs), it is unlikely the case involves the attorney time and effort. unlikely the case involves the attorney time and effort. 6
I. Assessing Cases Working backwards Always Works Best Working backwards Always Works Best Causation : While causation is often consider as “part and parcel” of the Causation : While causation is often consider as “part and parcel” of the damages assessment, an attorney would be wise to consider causation damages assessment, an attorney would be wise to consider causation separately. Generally, a causation issue arises when the individual has separately. Generally, a causation issue arises when the individual has significant pre-existing conditions for which they were treating immediately significant pre-existing conditions for which they were treating immediately prior to the collision. If the injury is in the same area of the body where the prior to the collision. If the injury is in the same area of the body where the person’s pre-existing condition was located, the defense will inevitably argue person’s pre-existing condition was located, the defense will inevitably argue that the accident did not cause the condition. An attorney will need to that the accident did not cause the condition. An attorney will need to perform a thorough assessment of whether a true aggravation of the pre- perform a thorough assessment of whether a true aggravation of the pre- existing condition occurred. If so, the question is then how significant was the existing condition occurred. If so, the question is then how significant was the aggravation of the pre-existing condition. A true aggravation of a pre- aggravation of the pre-existing condition. A true aggravation of a pre- existing condition can be a very valuable case, depending on the existing condition can be a very valuable case, depending on the circumstances. If the individual was almost recovered from the condition circumstances. If the individual was almost recovered from the condition and the recovery can be properly documented through medical records, and the recovery can be properly documented through medical records, then, depending on the injury, it may be wise to accept the case. Likewise, if then, depending on the injury, it may be wise to accept the case. Likewise, if the pre-existing condition was dormant for a lengthy period of time, an the pre-existing condition was dormant for a lengthy period of time, an aggravation case is likely to be worthwhile for the attorney, if the injury is aggravation case is likely to be worthwhile for the attorney, if the injury is significant enough. significant enough. 7
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