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Bars May Be Held Liable for Injuries Caused By Drunk Drivers

Web Admin - Friday, June 01, 2018
Palatine personal injury lawyer dram shop liabilityCar accidents can be devastating, especially when they are caused by a drunk driver. These drivers’ carelessness and lack of concern for people’s safety can lead to serious, debilitating injuries or even death. When a person is injured or killed because of a driver’s negligence, they may be able to seek compensation for their damages through a personal injury lawsuit. In addition to the negligent driver, other parties may be liable for the injuries caused, including the establishment that sold a driver the alcohol that led to their drunk driving.

Illinois Dram Shop Laws

Under Illinois law, victims who have been injured by a drunk driver may pursue damages from a bar, restaurant, nightclub, or liquor store that sold alcohol to the driver. Typically, the injured party must show that alcohol was provided to the driver by the establishment, this alcohol directly led to the driver’s intoxication, and the injuries suffered by the victim were caused as a result of this intoxication.

Illinois law provides limits for the damages which can be recovered in a dram shop lawsuit, and these limits are updated each year. As of January 20, 2018, these limits are:

- Personal injuries and property damage: $68,777.44 - This covers the costs of medical treatment and other expenses related to a person’s injuries, as well as any damage to their vehicle or other property which occurred in the accident.

- Loss of support or loss of society: $84,061.32 - Loss of support refers to the loss a family suffers because a victim is unable to provide financial support after being injured or killed in an accident. Loss of society refers to impairment to family relationships that occur when a person is injured or killed, including the love, affection, and companionship that the person would have provided to their family. Victims may seek compensation for either loss of support or loss of society, but not both.


Dram shop lawsuits have a statute of limitations of one year, which means that a lawsuit must be brought within one year after the accident or injury occurred.

Contact an Arlington Heights Dram Shop Liability Attorney

Bars, restaurants, and nightclubs have a responsibility to make sure that their patrons are acting safely, and if they do not take steps to prevent drunk driving, they may be held liable for the injuries that occur as a result. If you have been injured in a drunk driving accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from the drunk driver and anyone else who was responsible. Contact a Crystal Lake personal injury lawyer at 847-934-6000 to schedule your personalized consultation today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21
https://illinoiscomptroller.gov/agencies/resource-library/statutorily-required/dram-shop-liability-limits-2005-2018/
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/150.00.pdf

Strict Product Liability Claims

Web Admin - Monday, September 21, 2015

When an individual is injured by a product, recovery of damages may be possible through a products liability claim. Under this type of claim, manufacturers, sellers, or other suppliers of products are held liable to consumers who are harmed by those products. And in some cases, product liability claims may fall under the theory of strict liability.

Defective Products

In order to recover under a products liability claim, the plaintiff must show that the product was dangerous or defective. Generally, the law requires that products meet the ordinary expectations of consumers. When a product defect exists, those expectations are not met. A defective product is one that, at the time of its sale or distribution, contains a manufacturing defect, is defective in its design, or that has a marketing defect.

A manufacturing defect occurs when a product is not made according to its intended design. A design defect occurs when the foreseeable risks of harm posed by the product could have been reduced or eliminated by the adoption of a reasonable alternative design. A product contains a marketing defect when it has inadequate instructions or warnings and the foreseeable risk of harm could be reduced by the inclusion of reasonable instructions or warnings. Additionally, the omission of such instructions or warnings must cause the product to be unreasonably dangerous.

Strict Liability

Pursuant to Illinois law, product liability claims are any action based on strict liability brought against the seller, manufacturer, or distributor of a product that causes personal injury. Under this type of claim, a defendant pays for harm caused by a product even though the defendant did not act intentionally or negligently. In other words, the defendant’s actions or behavior is not relevant to the determination of liability. Rather, for a strict liability claim, the plaintiff must show the following:

  1. 1. The injury resulted from a condition or defect of the product manufactured or sold by the defendant;
  2. 2. The condition or defect of the product was unreasonably dangerous; and
  3. 3. The condition or defect existed at the time that the product left the control of the manufacturer.

Product liability claims are commonly brought against the manufacturer of a product, but they may also be brought against:

  • - Manufacturers of component parts that go into a product;
  • - Parties that assemble or install a product;
  • - Wholesalers;
  • - Retail stores that sell a defective product to a consumer; or
  • - Under Illinois law, anyone involved in the placement of a product into the stream of commerce.

Under the statute of limitations, product liability claims must be brought within two years of the date on which the plaintiff knew, or should have known through the use of reasonable diligence, of the personal injury.

Product liability claims can provide compensation for victims, while also holding those involved in the production and sale of defective products accountable. For more information about product liability claims, contact a dedicated Illinois personal injury attorney today. Our firm provides representation throughout the northwest suburbs, in the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Source:

http://www.ilga.gov/legislation/ilcs/documents/073500050K13-213.htm

Steps to Take After a Car Accident

Web Admin - Thursday, June 04, 2015

illinois car accidents, Arlington Heights car accident lawyerIn the unfortunate event that you are involved in a car accident, there are several things you should do to help protect any future claims for personal injury you may have against the person at fault (or their insurance company). While it is not pleasant to think about being involved in a car accident, it can be beneficial to have an idea of what steps you should take in case an accident occurs.

Protecting Future Personal Injury Claims

After you have been in an accident, it is important to check to make sure everyone involved is uninjured. If someone is injured, you should contact emergency personnel to obtain proper medical treatment. It is important to remember that there are several requirements under Illinois law in regards to stopping at the accident, rendering aid, and reporting the accident. There are significant penalties for failing to perform any of these duties.

Quite often after an accident, it is part of natural reflex to want to apologize. However, this should be avoided, as it may indicate potential fault. Along similar lines, it is critical to not admit fault to anyone at the scene, such as the other driver or any passengers. Instead, when the police arrive and begin forming the report of the accident, you should provide the officer with an honest description of what happened.

Additionally, it may prove beneficial to take notes of the scene. Pay attention to things like the weather conditions, any stop lights or signs, and traffic conditions. All of this can end up being important while negotiating with the insurance company or during litigation. Utilize the camera on your phone and take photographs. These often provide much better evidence than people’s statements.

If you have even slight pain, as soon as possible after the accident you should be evaluated by a physician or other health care professional. While immediately after the accident you may have only minimal pain, it is possible that increased adrenaline is contributing to masking your pain. Additionally, minor pain may still be the result of a more serious condition.

Aside from obtaining needed treatment, seeking immediate medical attention will strengthen any personal injury claim you may end up making. If medical treatment is not immediately sought, it can be argued that the injury is not serious or nonexistent completely. Alternatively, assuming an injury is not contested, a gap between the accident and medical treatment can make it more difficult to prove the injury was caused by the accident.

During the period in which you are receiving treatment, it is critical that you keep track of the diagnosed injuries and the specific treatment administered. This includes keeping receipts for prescriptions and any medical bills you receive. Additionally, take note of any correspondence you have with doctors or other health care professionals. If any injuries are physically visible, you should take photographs of them, which will help demonstrate the extent and seriousness of those injuries.

Personal Injury Attorneys

If you have been involved in a car accident and believe you have suffered injuries as a result, you should reach out to a passionate Illinois personal injury lawyer in your area. Our skilled professionals proudly represent individuals from Crystal Lake, Buffalo Grove, and Arlington Heights, among many other areas. Contact us today to discuss your legal options. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Pain and Suffering in Personal Injury Cases

Web Admin - Tuesday, April 14, 2015

pain and suffering, Rolling Meadows personal injury attorneyWhile advances in technology have greatly improved vehicle safety, severe injuries still occur in automobile accidents. When an individual’s injuries are the result of the fault of another person, it is possible for that individual to file a personal injury lawsuit. A difficult, but important, part of a personal injury damage award to determine is an individual’s pain and suffering.

What is Pain and Suffering?

Pain and suffering is a form of non-economic damage, which means, unlike a person’s medical bills, for example, it is not readily quantifiable. Pain and suffering may be requested as part of a personal injury claim, in addition to other claims, such as medical expenses. Critically, an individual has two years from the time of the accident to file a lawsuit, which is known as the statute of limitations. There are two forms of pain and suffering: physical and mental. Physical pain and suffering involves a person’s actual physical injuries, like pain or discomfort.

Mental pain and suffering involves the negative emotions that are connected with physical pain or the trauma associated with the accident and the injuries that result. These emotions may include, but are not limited to, mental anguish, emotional distress, fear, anger, humiliation, or anxiety. If the mental pain and suffering is severe enough, it may result in posttraumatic stress disorder (PTSD).

Calculating Pain and Suffering

Because pain and suffering is subjective, it can be difficult to value. Different individuals will respond differently to injuries and trauma they experience. As a result of the subjective nature of valuing pain and suffering, it is common that the judge will not have specific guidelines to give to the jury. In Snover v. McGraw, the Supreme Court of Illinois held that, “an award for pain and suffering is not as readily calculable…and jurors must draw on their real-life experiences in making an award.” As a result, it is critical to present as much evidence as possible to best convey to the jury the pain and suffering endured.

One way to determine the value of pain and suffering is to multiply the total medical bills and lost earnings (known as actual or special damages) by some factor, usually between 1.5 and four. For example, if an individual’s actual damages are $50,000 and the multiplier is two, the pain and suffering award would be $100,000. The multiplier is usually determined after considering various factors, such as the severity and long-term health consequences of injuries sustained.

There are some other factors that can affect a plaintiff’s pain and suffering award, including:

  • - Whether the plaintiff is credible and likeable;
  • - Whether the plaintiff’s testimony relating to his or her injuries remains consistent; and
  • - Whether the opinion of the plaintiff’s physician supports the plaintiff’s claims of pain and suffering.

An accident can be a frightening ordeal, even if no injuries result. If you have been involved in an accident caused by another person that resulted in harm to you, contact an experienced Illinois personal injury attorney today. Drost, Gilbert, Andrew & Apicella, LLC provides representation to individuals located in the northwest suburbs, including Rolling Meadows, Palatine, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Automated Cars, Legal Liability, and Trolley Problems

Web Admin - Tuesday, March 17, 2015

driverless car liability, Rolling Meadows car acciddent lawyerAlthough driverless cars were squarely in the realm of science fiction until recently, Google and other companies are moving towards making them a reality at a surprisingly rapid pace. As beneficial as these cars may prove to be, there are also concerns about them from a legal standpoint. One of the major issues is the question of who the law should hold responsible in the event of a traffic accident. There are also separate concerns about legal liability and ethics when driverless cars face difficult decisions, such as in the famous Trolley Problem.

General Liability Issues

One of the biggest legal issues related to driverless cars is the question of liability for accidents. With ordinary cars, liability is usually limited to one of the drivers, but that system would not work with driverless cars for obvious reasons. Many people's first instinct is to place liability on the company that makes the car. However, there are a variety of issues with that. First, it is possible that the accident with a driverless car was not the result of error by the manufacturer, but a problem with upkeep on the part of the owner. If the car's owner did not keep it properly maintained and that resulted in an accident, it would be unusual to put liability on the car's manufacturer. Beyond that, placing that much possible liability on the company could potentially cripple the development of the driverless cars.

The other competing theory is to treat driverless cars much like we treat cars now, and require people to insure them. This would remove liability from the possibly innocent owners, but it would come at the cost of increasing how expensive driverless cars are.

The Trolley Problem

A related issue is the question of how driverless cars would deal with the Trolley Problem. The Trolley Problem is an ethical dilemma in which a person is standing at a railroad switch, and they see a train coming. They know the train is going to hit five people on its current track, but the person at the switch has the option to throw the switch, sending it down a different track and only killing one person. Although it is an ethical dilemma, it may have important legal ramifications.

For instance, suppose a child darts out in front of a driverless car, and the car’s only option to avoid the child is to crash into something else, likely injuring the passengers. The car would need to make that decision, and definitely injure either the child or the passengers. The law would then need to determine whether the victim of the car's decision would have a claim against the manufacturer.

Although driverless car accidents are still a few years off, ordinary car accidents can still cause serious injuries. If you have recently been hurt in a car crash, contact an experienced Illinois personal injury attorney today. Drost, Gilbert, Andrew & Apicella, LLC serves clients in many northwest suburban towns, such as Rolling Meadows, Palatine, and Des Plaines. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Natural Gas Explosion Prevention and Liability

Web Admin - Friday, December 26, 2014

Illinois natural gas liability, Buffalo Grove personal injury attorneyNatural gas explosions can be some of the most devastating types of home accidents. Flammable mixtures of air and gas can severely injure and even kill unsuspecting homeowners. In fact, natural gas explosions can cause hundreds of millions of dollars in property damage every year, according to government statistics. Natural gas fires are often difficult to prevent, and may require the intervention of skilled professionals. Still, there are some steps that people can take to help keep themselves safe. In the unfortunate event that a natural gas explosion does occur, people should also understand their legal rights as far as pursuing recovery is concerned.

Preventing Gas Explosions

Natural gas explosions are notoriously difficult to prevent because gas is so difficult for people to detect. One of the key ways to prevent gas explosions is by smell. Although the gas is naturally odorless, gas companies add a special molecule to the gas known as an odorant. It is this extra odorant that provides gas with its distinctive smell of rotten eggs. If a person does detect that smell, it is important to leave the house immediately. People should not risk doing anything that would create a spark, which includes using a telephone or turning on a light. Instead, people should call emergency services from a neighbor's home.

People can also take preventative measures to avoid gas leaks in the first place. These include installation of gas appliances by qualified professionals, and the use of gas appliances that meet recognized safety standards. Additionally, people should consider installing natural gas detectors in their homes, especially in places where the gas is likely to build up, such as in a basement.

Gas Explosion Liability

Natural gas is a complex utility that requires a lot of different people to install properly, so many different people may be liable for a natural gas explosion. For instance, a gas leak could occur as a result of a faulty appliance. If that happened, then the homeowners could pursue a product liability action against the appliance's manufacturer. However, natural gas explosions can also occur with properly manufactured equipment. This could be the result of a faulty installation of the appliance or improper maintenance by repair professionals. It is important to conduct a thorough examination after a natural gas explosion in order to determine who was really at fault. That will make it easier to make sure that they cover the costs of the damage that they were responsible for.

Natural gas explosions are complex legal issues that can have serious effects on people's lives. If you have recently been the victim of a gas fire or gas explosion, contact an Illinois personal injury attorney today. Our team of dedicated lawyers helps people across northwest suburban Illinois, in towns like Buffalo Grove, Deer Park, and Des Plaines.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Fire Safety and Landlord Responsibility

Web Admin - Thursday, December 18, 2014

Illinois smoke detector, landlord responsibility, Schaumburg personal injury attorneyWith the nights getting longer and the days getting colder, fire safety is especially important during the holiday season. In fact, according to the Federal Emergency Management Agency's statistics, over $2 billion in property damage occurs every year as a result of winter fires. The culprits can vary from holiday cooking and decorating, to an increased use of space heaters to keep out the chill. Fortunately, there are numerous steps that people can take to keep themselves safe from fire damage during the winter. Additionally, landlords should pay special attention during this season, so that they can be sure that they understand their fire responsibilities.

Fire Prevention Tips

Some fire prevention tips like making sure to maintain working smoke detectors are repeated year round, but there are some special things that people can do during this time of year to reduce their risk of fire. One of the major culprits of holiday fires are holiday decorations. People can find it tempting to string together strand after strand of lights, but these sorts of decorations are only built to connect so many times. Plugging too many into each other can risk creating a spark.

Holidays also tend to be a time of year where there are a lot of open flames around the house. Whether it is a fire in the fireplace or a set of candles in a menorah, these can pose a serious risk if people do not properly supervise them, or they keep them too close to flammable items like curtains or dried out Christmas trees. Similarly, excessive use of space heaters, especially overnight or when no one is home, can also set fire to household objects.

Landlord's Responsibilities

Landlords also have a variety of special responsibilities during this season. One of the most important is set out in the Illinois Smoke Detector Act. This Act makes it the responsibility of a building's owner to install smoke detectors, and to maintain the detectors in common areas like hallways. Similarly, it makes it the tenant's responsibility to maintain the detectors that the owner has put in their living areas, and it makes it the tenant's responsibility to notify the landlord if there is a problem with the detector that they cannot fix.

Landlords also have a duty to ensure that their building is up to local building codes. This includes having safe electrical wiring, which can be especially important around the holiday season. Failure to maintain adequate wiring can be a fire risk, and even if it does not cause a fire it violates the tenant's right to a habitable structure.

Fires can be some of the most devastating disasters on a personal level. If your home was damaged or destroyed in a fire and you think someone else was to blame, contact an Illinois personal injury attorney today. Our team represents people across the northwest suburbs, including in Schaumburg, Mount Prospect, and Arlington Heights. Call Drost, Gilbert, Andrew & Apicella, LLC to schedule a consultation with an experienced lawyer.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Boating Safety Laws in Illinois

Web Admin - Tuesday, July 22, 2014

illinois boating accident lawyerOne of the most common summer activities around Illinois is boating. It is a great way for people to get out and enjoy the water and the good weather. However, boating is also a dangerous activity if people do not do it with the proper care. 

Consequently, Illinois has a variety of boating safety laws in place to help ensure that everyone can safely take advantage of the summer weather while it lasts. These laws were recently updated following the death of a 10-year-old boy in an alleged drunk boating accident. The new laws include further restrictions and increased penalties on operating a boat while under the influence of alcohol, special signaling requirements for safety and visibility, and boating licenses for younger operators.

Boating and Alcohol

One of the most common causes of boating fatalities is the improper use of alcohol while boating. Just like driving a car, operating a boat while intoxicated increases the risk of death or serious injury while on the water. In fact, according to the Illinois Department of Natural Resources, despite alcohol being involved in approximately one in six boating accidents overall, it has been a factor in one-third of the boating deaths this year.

Boaters should keep in mind that the legal limit for operating a boat or personal watercraft is the same as it is for driving a car: 0.08 percent blood alcohol content. The penalties for such violations can be severe, including thousands of dollars in fines and up to 14 years in prison if the impaired boat operation results in a person's death. Additionally, if a person is convicted of three DUIs, then the state may take their boat from them as part of the penalty. Boating DUIs can also affect a person's ability legally to drive their car since courts may punish intoxicated boaters by suspending their driver's licenses.

Signaling and License Requirements

The updated laws also have new requirements as far as signaling and licensing requirements are concerned. Now, any boat that is pulling someone behind it in a tube or on water skis must display a bright orange flag from the highest point on the boat. The flag must be at least a one-foot square, and it must stay out the entire time that the boat pulls the person. The law also added a new license requirement for boat operators between the ages of 12 and 17. Starting in 2016, minor operators must complete a boating safety course before they can operate a motorboat.  

If you have recently been involved in a boating accident caused by the negligence of others, contact an experienced Illinois personal injury attorney today. Our skilled team of lawyers represents clients in many northwest suburban towns like Rolling Meadows, Barrington, and Crystal Lake.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Bicycle Dooring Accidents in Illinois

Web Admin - Wednesday, July 09, 2014

bicycle dooring accidents in IllinoisWith the summer weather in full effect, more and more bikes have begun to appear on Illinois streets. o the colloquial term for a driver opening a door into the path of a bicyclist. This can result in either the door hitting the cyclist and injuring them, or the cyclist being forced into traffic to avoid the door, which can also result in serious injuries.

These types of accidents used to be a legal gray area, with both bicyclists and motorists sometimes being found at fault for the collision. However, a recent change to Illinois law now plants the fault squarely on motorists, giving them the responsibility to watch for passing bicyclists.

A Change to Illinois’ Vehicle Code

Illinois’ vehicle code contains a law forbidding any two-wheeled vehicle from passing another vehicle on the right without eight feet of unobstructed pavement. It was not clear that this portion of the code applied to bicycles since they do not technically fall under the vehicle code’s definition of a vehicle. However, they are required to obey all of the same rules as vehicles. Consequently, some bicyclists who were being doored were also being found at fault for the accident since they were passing too close to the car whose door they hit.

However, at the start of 2014 a new version of the law went into effect. This version clarifies that vehicles that operate under human power are not subject to that portion of the law. With that change, it is now clear that motorists are the party with the responsibility to watch out for bicyclists before opening the door.

The Law Against Dooring

This responsibility comes from another portion of the vehicle code. This section (625 ILCS 5/11-1407) forbids drivers from opening the door of their vehicle “on the side available to moving traffic,” when it is not reasonably safe to do so. Some municipalities will fine a motorist for carelessly opening their door into traffic, but that is not the only legal implication. An injured cyclist may also sue a driver for negligently opening their door into traffic. If the motorist failed to use due care when opening the car door, then the cyclist may be able to recover for their injuries. Such recovery may include medical costs, lost wages, and pain and suffering caused by the motorist’s carelessness.

If you have recently been involved in a bicycle dooring accident, contact an experienced Illinois personal injury attorney today. Our skilled team of lawyers represents clients across the northwest suburban area, including in towns like Arlington Heights, Deer Park, and Inverness.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Trench Collapse Injuries in Illinois

Web Admin - Tuesday, June 17, 2014

illinois construction injury lawyerOne of the most dangerous jobs on any construction site is working underground in a trench during a variety of different projects. In fact, hundreds of workers are injured each year in trench collapse accidents, and, according to a report issued by the National Institute for Occupational Safety and Health, over two-thirds of those injuries happen to workers with small construction firms (those with fewer than 50 employees).

Fortunately, workers who suffer those sorts of injuries do have options. If the injury was caused by a third party, the worker or their family may be able to pursue a personal injury or wrongful death suit against the party responsible. Alternatively, the worker may also have a worker’s compensation claim open to them for the wide array of potential injuries that may result from trench work.

Types of Injuries

Working in underground trenches can bring workers into contact with many different hazards. One of the most obvious is the possibility of the trench collapsing, which can cause broken bones, traumatic brain injuries, and even death. However, there are other dangers as well. Workers digging trenches must be careful to avoid utility lines like gas pipes or electricity. If the company or the city did not properly inform the workers of the line’s placement, the workers could be at risk for electrocution or injuries from explosions. Additionally, trenches and similar underground work areas often suffer from poor ventilation. Without proper care to ensure fresh air for workers, they run the risk of suffocation.

OSHA Standards

Because of these many dangers from trench work, OSHA has produced a set of regulations that govern what steps companies should take to ensure the safety of their workers. In addition to preventing accidents before they happen, the regulations can also be useful in lawsuits for demonstrating that a third party, like a subcontractor, acted unsafely when building the trench. Some common safety steps that OSHA requires include:

  • - The use of trench boxes to prevent wall collapses;
  • - Utility mapping and soil quality testing prior to excavation;
  • - Air quality tests to determine the levels of oxygen as well as certain poisonous gasses;
  • - Inspections of the stability of the trench following a rainstorm;
  • - Proper safety barricades surrounding trenches to prevent worker falls; and
  • - A prohibition on overhead work in the areas above trenches.

However, those steps are just some examples of the precautions set out in the OSHA regulations.

If you or a loved one has recently suffered an injury from a trench collapse or other construction work, contact a skilled Illinois personal injury attorney today. Our experienced team of lawyers works with clients in towns across the northwest suburbs, like Schaumburg, Mount Prospect, and Crystal Lake, to help them get the compensation that they deserve.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


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