The Law Offices of James M. Freeman, P.C.

From time to time we receive calls from motorists who have been involved in collisions with cyclists, or motorists who have hit a pedestrian.  To be clear, I am absolutely not in the business of defending motorists against claims brought by cyclists or pedestrians.  There are thousands of lawyers in the city of Chicago who are willing to advocate on behalf of motorists in such an instance.  I am not one of them.

When we receive calls from motorists who have been involved in collisions with pedestrians or cyclists we often hear the same language many motorists use to defend themselves against such claims such as:

• The bicyclist/pedestrian came out of nowhere.
• The bicyclist didn't have lights/reflectors.
• I didn't see the pedestrian bicyclist.
• Bicyclists/pedestrians don't follow the law.
• The bicyclist/pedestrian ran into me, I didn't hit her.
• The pedestrian/bicyclist was "barreling down the street."
• They were in the middle of the street.

They often want to recount the numerous instances in which they have observed cyclists acting negligently or recklessly.  In fact, I can't tell you how many times I've had to tolerate such conversations.  This topic is the bane of my existence.  I wish I could be an inspiration to vulnerable users and convince everyone that in the face of all the negligent, inattentive or simply outright violent drivers in Chicago we must lead by example.  We must be civil, law abiding citizens, and it is no excuse that Chicago motorists seem so lawless.

I am also a driver.  My experiences as a cyclist and driver give me a unique perspective.  As a driver, pedestrian and bicyclist  I know that one can never be careful enough when they assume the responsibility of piloting a 2.500lb metal bullet, becuase  I have been a negligent driver. 

While driving my car I once almost hit a friend's child who was riding his bicycle on the sidewalk.  As I approached a stop sign with big brick buildings on both sides of the street my friend's child was riding toward the intersection, but the building blocked my view.  As I approached the child rode out in front of me in the crosswalk.  I had to slam on the brakes to avoid hitting him. 

People in such instances often become defensive and point to the various faults of the opposite party.  Forget the thought that the boy was riding on the sidewalk, that he was going fast, that I had a stop sign, or that either of us had or lacked proper lights.  Forget about concerns about  insurance rates, the money that this might cost, damage to the car, or the possibility of being sued.  Think instead of my horror having faced the possibility of taking a human life.  That's the gravity of the responsibility you assume when you drive a car, and it is a reality that is lost on an overwhelming majority of motorists.

This is the realization that shapes my practice.  The staff of my firm us dedicated to victims and vulnerable users becuase we believe we fill a badly needed niche.  We aren't motivated solely by financial gain, so we can't be bought.  Although we would be very good at defending cases against bicyclists and pedestrians, we won't take they type of work as a matter of principle.       

One might say, "You are biased," as if that's a bad thing.  Perhaps I am.  Perhaps my years of experience as a vulnerable user on Chicago's streets have caused me to see collisions between drivers and pedestrians or drivers and bicyclists in a different light, but that's part of what makes me such a zealous advocate on behalf of our intended client base, vulnerable users.  An attorney isn't supposed to be objective.  Attorneys are advocates in an adversarial system, and if an attorney doesn't believe in and relate to his clients he should find another line of work.

That is not to say I don't handle auto cases.  In fact in the many years I have been in practice I have handled numerous cases in which a victim driver is injured as the result of another driver's negligence.  I also take on premises cases, dog bites, wrongful deaths, construction accidents and a whole slew of other causes of action, but as a matter of principle I do not take cases defending motorists involved in accidents with bicyclists. 

The idea is simple.  If you have a legal need you want to consult the person who best suits your need.  If you are a motorist involved in an accident with a bicyclists do yourself a favor, and call someone who concentrates their practice in defending motorists.  If you are the victim of a negligent motorist you can rest assured that we will do everything in our power to fight for your rights.