Dwyer & McDevitt are personal injury lawyers serving the Chicago area. Handling all accident cases including truck, motorcycle and car accidents.
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.
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.
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