Can You Get A New Lawyer?

I've received a number of inquiries lately from Chicago-area people who have personal injury cases with a different lawyer. These people no longer wish to work with their prior attorney for a variety of reasons. But they all have the same question in common: Can they get a new lawyer even though they have a contract with their current lawyer?

The answer is yes. Illinois law provides that a client may discharge his or her attorney at any time, for basically any reason. This law was made clear in the case Rhoades v. Norfolk & Western Ry. Co. (1979). Many people who have personal injury cases think they can't get a new lawyer to work on their case because they signed a contract with their old attorney. However, contingency-fee contracts cease to exist and the contingency term is no longer operative when a client terminates an attorney working under a contingency-fee contract. This law was made clear in a case called In re Estate of Callahan (1991).

Victims of personal injury cases and their families have a right to experienced, competent, and professional representation. To me this relationship of trust and respect is the most important part of the attorney-client relationship and the key to a successful approach to a case. Clients should feel comfortable with their attorney and trust that everything that could be done for them is being done. Clients also have a right to know what has happened, is happening, and is going to happen in their case. Cases shouldn't "sit" in an office - cases should move towards a resolution.

Just as you would with a doctor, you have the right to get a second opinion if you want one. If you have any questions regarding this post or any issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

CTA Union Asks for Independent Review of Collisions

The Chicago Tribune is reporting that the the CTA driver's Union is calling for there to be an independent investigation of CTA bus crashes. The Union claims that its motivation is for the public to know that investigations are handled objectively. An independent review of bus vs. bicycle collisions would be extremely helpful in the prosecution of claims against the CTA for when their drivers are at fault.

Oftentimes the drivers of the bus involved in a collision give a self-serving statement to the responding police officer. The inclination for the police officer is often to give the bus driver the "benefit of the doubt" when there aren't witnesses or physical evidence that supports one side of the story over the other. If there was a truly independent review then there would be a chance that there was documentation to support an injured cyclist's claim that doesn't currently exist.

According to records compiled for the Tribune by the Federal Transit Administration, in the past two years CTA buses have been involved in more collisions than any other system in the 10 largest public bus systems in the United States.

The CTA has a history of making claims against it very difficult. Until the law was recently changed, a person injured in an collision involving the CTA had only 6 months to provide very specific notice to the CTA of the facts surrounding the incident. If that person or their attorney failed to provide the notice and file the case within one year then the whole case could be dismissed. These tactics illustrate the importance of receiving experienced legal advice when involved in a collision with a CTA bus.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

City May Track All Taxi Cabs with GPS

The City of Chicago's Inspector General, Joe Ferguson, has recommended that the City mandate that all 6,726 of the licensed taxicabs be outfitted with a GPS system. According to the article, Chicago taxicabs were the “offending vehicle” in 46 hit-and-run collision with bicyclists. There are an additional 1,350 hit-and-run Chicago reported collisions involving taxicabs where the taxicab may be the offending vehicle. The cost to Chicago taxpayers is estimated at $2 million and each taxicab would be assessed an annual fee of around $800.

As the article accurately notes, many taxicabs simply flee the scene of a collision. My experience has been that this is because the person driving the cab has "borrowed" the taxicab from someone else and is an unlicensed driver. It is a very common practice in large urban areas like Chicago to have one person who has the license for the taxicab who then "rents" the taxicab to unlicensed drivers when the owner isn't using it. This practice is illegal and having swarms of unlicensed and untrained taxicab drivers in the city is a very real threat to everyone, especially vulnerable bicyclists.

I strongly contend that a GPS tracking system for taxicabs would create greater accountability and therefore fewer collisions. Of the collisions that did occur, it would also be categorically easier for the victim of the collision to be able to track the offending taxicab and seek compensation through the taxicab's insurance company. All taxicabs are required to maintain liability insurance by law. Having access to a liability insurance policy is often the single most important factor in being able to make a financial recovery for an injured bicyclist. Even when there is insurance, the taxicab companies and their insurers often play "hardball" in negotiations and make it difficult for an injured bicyclist to easily obtain compensation on their own. Many times the insurance companies will not even negotiate unless a lawsuit is filed.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Source: City should track all taxis by GPS, inspector general says :: CHICAGO SUN-TIMES

Evanston Cyclists Rate E-town's Bike Accessibility

As a new resident to Evanston and an Illinois Bicycle Attorney, the issue of bicycling in Evanston is one that I consider each and every day. The Evanston Review published this excellent article debating the accessibility of Evanston and how conducive it is to bicycling. In my opinion Evanston, on the whole, does a very good job for a city its size. But when you take into account Evanston's mega-neighbor in Chicago and its interconnected bike lanes and overall bike plan, its easy to wonder why Evanston doesn't do more. Especially given Evanston's reputation for being a progressive city.

Evanston's recent installation of the bike lane on Central Street is certainly a step in the right direct. But there is a lot more that could be done in terms of marking roadways in downtown Evanston and, as the article mentions, in executing a great overall system of connections to Chicago. Evanston also needs to take into consideration the number of bicyclists from Northwestern and who commute by bicycle.

Unfortunately, the story about Carlos Saldana and how he was a victim of a "dooring" are frequent occurrences. The vast majority of the responsibility of incidents like this are on the motorist who negligently opened their door into Carlos Saldana, but a very small portion is with the City of Evanston and the set up on Asbury Street where this incident occurred. I'm left to wonder, "If there was a bike lane there, would Carlos have ever gotten hurt?" My conclusion is that he probably wouldn't. Here's why: Bike lanes serve to define a space for bicyclists and also to act as a visual cue to motorists that bicyclists may be present. The presence of bike lanes, therefore, alerts the motorists to the possibility of bike lanes and they become a little more conscientious when opening their car door into traffic. By no means do I think this is a panacea for auto vs. bike collisions, but given how little bike lanes cost to install, I think the math is pretty easy.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Source: Evanston cyclists rate city's bike friendliness :: News :: PIONEER PRESS :: Evanston Review

Blue Island Bicyclist Killed in Collision in Alsip

The Southtown Star is reporting that a 69-year-old Blue Island man who was struck by a car was killed while bicycling in Alsip. Encarnacion Solano was first injured when his bicycle and a car collided Thuirsday afternnon at the intersection of 123rd Street and Springfield Avenue in Alsip. Images of the intersection show a "T Intersection" where Springfield runs North-South and dead ends at 123rd Street which runs both direction East-West. This incident has been ruled an "accident," but that determination means that the medical examiner ruled out homicide or suicide as the cause and did not believe there to be any intent of either party. Further details of the collision were not available.

If you have any questions regarding this post or an issue involving Illinois Bicycle Law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. All initial consultations are confidential and free.

Source: Bicyclist dead after collision in Alsip :: The SouthtownStar :: News