What to look for when hiring a personal injury lawyer

There are a lot of choices when hiring a personal injury lawyer in chicago.  Many lawyers welcome personal injury clients although their practice does not focus on such claims.  Here are some questions to ask the lawyer you are considering hiring:

1. Are you going to personally handle my case? Many larger law personal injury law firms have lawyers who focus on bringing the client in but don't otherwise handle their claim.  It is fair to ask who you will be talking to you when you have a question.  Will a lawyer call you back or a paralegal? Will the lawyer take your calls or a secretary screen them?  Who will take depositions if the case is litigated? Who will attend the appearances in court?  Big firms have advantages and disadvantages too.  Get to know how the process is handled there.  You need to be comfortable with the lawyer you hire and know whether he or she is the person you will be dealing with.  

2. What types of cases do you handle?  Does the lawyer handle personal injury cases as well as commercial litigation, criminal cases, divorce and estates? There are many issues which can complicate a personal injury claim.  Lawyers who specialize in one practice area often (but not always) are more familiar with the issues which will affect the value of your claim.

3. Have you taken cases like mine to trial?  Rarely does a plaintiff want to take a case to trial at all costs.  Most parties want the best settlement available.  Sometimes a case can't be settled and must be tried.  A lawyer who has taken cases like yours to a jury will better understand the roadblocks and strengths of your personal injury claim and may be more likely to reach the best settlement on your behalf.  There is an old saying that if you prepare a case for trial it will settle and if you prepare a case to settle it will be tried.  Make sure the lawyer you hire knows his way to the courthouse, just in case.

4.  Have you handled cases involving injuries like this before? The type of injury and need for medical care often drives case value. Every case is different and the value is driven by a number of factors.  A lawyer who is familiar with the issues and the types of doctors and medical care involved can be an asset to you and your case.  

5. What do you charge? Is the attorney one-third of the amount recovered or does it increase if the case must be litigated? Some lawyers increase the fee to 40% if the case must be arbitrated or litigated.  One-third of the total amount recovered is the most common attorney fee.  No retainer is typically required.

6. Will your office handle my case from beginning to end or refer it somewhere else if the case doesn't settle?  Some lawyers try to settle cases and if they don't settle send the cases to lawyers who handle the litigation of the case.  This may impact whether the lawyer is interested in settling the case without litigating the case and involving another lawyer who would receive a share of the fee.  It is a fair question to ask your prospective lawyer.  

Part of choosing a lawyer is getting a feel for the lawyer and his or her office.  Meet with the lawyer.  Don't be afraid to ask good questions.  You will have to deal with your lawyer through a process which may be stressful and unfamiliar.  Find a lawyer who will walk with you every step of the way.

Motorcycling with a passenger

 

Carrying a passenger on a motorcycle changes not only the way the motorcycle rides but also the issues the driver will face in case of a collision.  The weight distribution on the cycle changes with a passenger as may braking distance and cornering.  The independent motion of the passenger may also affect the way the bike rides and the cycle will often respond differently to wind.  An experienced driver is able to respond to these changes whereas an inexperienced driver may not.  

The driver of the cycle may be financially responsible for the injuries suffered by a passenger if a collision occurs.  If the driver makes a mistake and a passenger is hurt there may be a claim for personal injury resulting from the accident.  Policies of insurance are available for motorcycles and should be purchased to protect the driver and passenger in case of an accident.  I recommend liability and undersinsured motorist coverage of at least $250,000.  The motorcycle is less crashworthy than a car and the injuries are often more serious.  The availability of insurance coverage may impact the amount of money available in case of an accident.  If the accident involves a motorcycle and a car and the passenger on the bike is hurt, the injured passenger may seek recovery from both drivers.  A lawyer who handles personal injury litigation should be consulted to evaluate the fault of both drivers and the way a claim could and should proceed.  

The Motorcycle Safety Foundation publishes guidelines for the safe operation of a motorcycle with a passenger.  The guidelines show some of the dangers and issues of riding with a passenger and the issues a driver must be aware of before deciding whether riding with a passenger is advisable.  

Guidelines For Riding With A Passenger On Your Motorcycle  (from Motorcycle Safety Foundation)

1. All state laws and requirements for carrying a passenger must be followed. 

2. Some states have specific equipment requirements.  Examples: the 

motorcycle must have passenger footrests, passengers must be able to reach 

the footrests, and a motorcycle must have a separate seating area for a 

passenger. 

3. The decision to carry a child, assuming all safety and legal factors have been 

considered, is left to the parent or guardian.  Ensure that the child is mature 

enough to handle the responsibilities, tall enough to reach the footrests, wears 

a properly fitted helmet and other protective gear, and holds onto you or the 

passenger hand-holds.  Check your state’s laws; a few states have set 

minimum ages for motorcycle passengers.  

 

Operator Preparation 

 

1. Passengers should be considered as a second “active” rider so they can help 

ensure that safety and procedural operations are correctly followed. 

2. A passenger will affect the handling characteristics of a motorcycle due to the 

extra weight and independent motion. 

3. A passenger tends to move forward in quick stops and may “bump” your 

helmet with theirs. 

4. Starting from a stop may require more throttle and clutch finesse. 

5. Braking procedures may be affected.  Braking sooner and/or with greater 

pressure may be required. 

6. More weight over the rear tire may increase the usefulness and stopping 

power of the rear brake, especially in quick stop situations. 

7. Riding on a downgrade will cause braking distance to increase. 

8. Extra caution is called for in a corner because of the extra weight. 

9. Cornering clearances may be affected. 

10. More time and space will be needed for passing. 

11. The effects of wind, especially side wind, may be more pronounced. 

 

Motorcycle Preparation 

 

1. The motorcycle must be designed to accommodate a passenger. 

2. The motorcycle owner’s manual should be reviewed for manufacturer’s tips 

about motorcycle setup as well as any related operational recommendations. 

3. The motorcycle’s suspension and tire pressure may need adjustment. 

4. Care should be taken to not exceed the weight limitations specified in the 

owner’s manual. 

Passenger Preparation 

 

1. Passengers should be tall enough to reach the footrests and mature enough 

to handle the responsibilities. 

2. Passengers should wear proper protective gear. 

3. Passengers should receive a safety briefing (see #7 below). 

4. Passengers should consider themselves a second operator and share 

responsibility for safety. 

 

General Safety Considerations 

 

1. You need to be experienced in the motorcycle’s operation and have a safety- 

oriented attitude before taking on the added responsibility of carrying a 

passenger. 

2. Practice low-speed clutch/throttle control as well as normal and emergency 

braking in a low-risk area like an open parking lot, with a passenger. 

3. Use caution in cornering and develop cornering skills over time to ensure 

passenger comfort and safety. 

4. Use caution in corners as clearance may be affected. 

5. Use MSF’s Search, Evaluate, Execute strategy to increase time and 

space safety margins. 

6. Allow time for a passenger to adjust to the sense of speed and the sensation 

of leaning; speeds should conservatively safe and reasonable until a 

passenger acclimates to the proper riding techniques. 

7. Ensure passengers follow safety procedures: 

a. Complete personal protective gear is properly in use. 

b. Hold operator’s waist or hips, or motorcycle’s passenger hand-holds 

provided. 

c. Keep feet on footrests at all times, including while stopped. 

d. Keep hands and feet away from hot or moving parts. 

e. When in a corner, look over the operator’s shoulder in the direction of 

the corner. 

f. Avoid turning around or making sudden moves that might affect 

operation. 

g. If crossing an obstacle, stand on the pegs with the knees slightly bent 

and allow the legs to absorb the shock upon impact. 

8. Allow more time for passing. 

9. Be ready to counter the effects of wind. 

10. Avoid extreme speeds and dramatic lean angles. 

11. Be ready for a passenger “bump” with their helmet when stopping quickly. 

12. Start the motorcycle before the passenger mounts. 

13. Have the passenger mount after the motorcycle’s stand is raised and the 

motorcycle is securely braced. 

14. Annually complete an ERC Skills Plus RiderCourse with a passenger. 

15. Have frequent passengers complete a Basic RiderCourse so they can better 

understand the operator’s task. 

Motorcycle season is in full swing in Chicago.  More people are riding than ever before and the number of injuries occurring on cycles has also increased.  The Motorcycle Safety Foundation has published guidelines for the safe operation of a cycle and a helpful top ten list for car drivers to remember so that car and cycle drivers remain safe:

QUICK TIPS:  Ten Things All Car & Truck Drivers Should Know About Motorcycles

1.   There are a lot more cars and trucks than motorcycles on the road, and some 

drivers don't "recognize" a motorcycle; they ignore it (usually unintentionally).  

Look for motorcycles, especially when checking traffic at an intersection. 

2.   Because of its small size, a motorcycle may look farther away than it is.  It may 

also be difficult to judge a motorcycle’s speed.  When checking traffic to turn at 

an intersection or into (or out of) a driveway, predict a motorcycle is closer than it 

looks.

3.   Because of its small size, a motorcycle can be easily hidden in a car’s blind spots 

(door/roof pillars) or masked by objects or backgrounds outside a car (bushes, 

fences, bridges, etc).  Take an extra moment to thoroughly check traffic, whether 

you're changing lanes or turning at intersections. 

4.   Because of its small size a motorcycle may seem to be moving faster than it 

really is.  Don't assume all motorcyclists are speed demons. 

5.   Motorcyclists often slow by downshifting or merely rolling off the throttle, thus  not 

activating the brake light.  Allow more following distance, say 3 or 4 seconds.  

At intersections, predict a motorcyclist may slow down without visual warning. 

6.   Turn signals on a motorcycle usually are not self-canceling, thus some riders, 

(especially beginners) sometimes forget to turn them off after a turn or lane 

change.  Make sure a motorcycle's signal is for real. 

7.   Motorcyclists often adjust position within a lane to be seen more easily and to 

minimize the effects of road debris, passing vehicles, and wind.  Understand that 

motorcyclists adjust lane position for a purpose, not to be reckless or show off or 

to allow you to share the lane with them. 

8.   Maneuverability is one of a motorcycle's better characteristics, especially at 

slower speeds and with good road conditions, but don't expect a motorcyclist to 

always be able to dodge out of the way. 

9.   Stopping distance for motorcycles is nearly the same as for cars, but slippery 

pavement makes stopping quickly difficult.  Allow more following distance behind 

a motorcycle because it can't always stop "on a dime." 

10.  When a motorcycle is in motion, don't think of it as motorcycle; think of it as a 

person. 

Most personal injury attorneys in chicago and elsewhere charge a contingent attorney fee of 33% of the amount recovered.  There is no hourly charge or retainer and the fee is applied at the conclusion of the case when the injured plaintiff is receiving money.  Is the client getting their moneys worth?

The Rand Institute, a nonprofit think tank studied the issue and concluded that injured auto accident victims  who hire an attorney typically recover 25% more money that auto accident victims who do not.  This was true even after deducting the costs of hiring the lawyer.  

Many insurance companies recognize the advantages of a plaintiff hiring an attorney and work hard to discourage it.  Allstate was one insurer who aggressively pushed the idea that hiring a lawyer was not in the best interest of the injured plaintiff.  One can only assume that Allstate pushes people away from counsel because the insurance company recognizes that no lawyer usually means a smaller payment.  

Differences between truck and car accidents

Accidents involving tractor trailers raise a variety of issues different than do collisions involving cars.  For example:

1. The brake systems for trucks and cars are vastly different.  Tractor trailers are typically equipped with air brakes.  Familiarity with an air brake system is necessary for a driver to safely use them.  They must also be properly balanced or the steering and stopping distance of the truck can be affected.

2. Different truck body types affect operation.  Liquid in a tanker can move or a load in a straight truck can shift if not properly secured.  The improperly secured load can shift and impact the safe of the vehicle.  

3. Stopping distance is different.  It takes much longer for a truck to stop than a car.  

The Commercial Motor Vehicle Safety Act passed in 1986 requires states to meet minimum standards for commercial driver's licenses.  It requires that certain basic paperwork be kept on each employee as part of a personnel file.  A record of the driver's duty status is also required and keep maintenance records on the truck.  Many companies now use a computer terminal in the cab to log driver's times, GPS, company communications and pagers.  

Many tractors also include an on board computer (electronic control module (ECM)) which measures vehicle speed, distance, driving time and a multitude of additional information.  

There are substantial differences between a car and truck involved in an accident.  A lot more information is available through the discovery process which a lawyer can obtain on behalf of an injured plaintiff.  

Truck Accidents

Truck Accidents

Many trucking companies have relationships with law firms who defend them and agree to contact the lawyers immediately when an accident occurs.  The lawyers who will defend the trucking company will often visit the scene immediately, often while the investigation is ongoing.  This provides an opportunity to direct photographing, discuss the incident immediately with the truck driver and take statements from witnesses.  This is an advantage that injured plaintiffs typically don't have.

It is important if you are injured by a tractor trailer to get a lawyer involved on your behalf.  Accidents involving trucks are different than those with cars.  The motor vehicle code still applies but there are federal regulations which address everything from loading the vehicle to the number of hours a driver is allowed to operate his truck.  The drivers are professionally licensed with training to match.  The prompt investigation of the driver's conduct which caused the accident is critical.  Trucking companies are responsible for monitoring their driver's citations, comply with hours of service regulations and ensure they are healthy to drive.  

A lawyer must evaluate the driver's qualifications, the details of the accident and the conduct of the trucking company.  The sooner the lawyer can get involved the sooner the investigation of these issues can begin, preferably while the issues and evidence are fresh.  

The trucking companies have built a network of lawyers across the country to immediately respond to a catastrophic accident.  They wouldn't spend that money if they didn't think in the long run it resulted in lower payouts to injured plaintiffs.