DGAA bLAWg

Using Rumble Strips to Prevent Crossover Accidents

Web Admin - Thursday, September 25, 2014

rumble strips safety, Deer Park traffic accident lawyerIt is a common experience for drivers heading home, especially late at night, only to veer slightly out of the lane and be jolted awake by the rumble strips guarding the center of the road. These concrete ridges, originally invented in Illinois in the 1950s, serve a valuable purpose in preventing crossover accidents. Crossover accidents are some of the most dangerous types of traffic accidents and they occur when drivers, either careless or distracted, swerve out of their lane and into oncoming traffic, resulting in a powerful, head-on collision with another car.

What Crossover Accidents Are

Crossover accidents occur when a car leaves its lane, crossing over the median and into traffic heading the other direction, resulting in a front-end collision. The physics behind these sorts of crashes makes them some of the deadliest types of accidents. The issue is one of speed. In a single car crash or even a crash into the side of another car, most of the accident's force comes from the one car's forward motion. This is not true in crossover accidents because the two cars are heading in opposite directions, so their forces both contribute to the accident. By way of example, two cars colliding in a crossover accident, each traveling 60 miles per hour, would have the same force as a single car crashing into a wall at 120 miles per hour. These sorts of violent collisions can lead to all sorts of severe injuries including whiplash, broken bones, traumatic brain injuries, and in many cases, even death.

How Rumble Strips Help

Rumble strips can be instrumental in preventing these sorts of accidents. They function as an early warning system, alerting drivers to the fact that they are leaving their lane and are about to veer dangerously into oncoming traffic. In fact, a study from the Kansas Department of Transportation and the University of Kansas reports that these sorts of safety device can reduce crossover accidents by as much as 21 percent.

There may be some circumstances in which the absence of these sorts of rumble strips can give rise to a claim against the municipality for failing to properly design or maintain the road. Although such claims are difficult to bring, there are scenarios in which a poorly designed road, such as one lacking in centerline rumble strips, could lead to a traffic accident for which the victims would have a right to recover.

If you or one of your loved ones has recently been injured in a crossover accident or some other type of crash, contact an experienced Illinois traffic accident attorney today. Our firm's team of dedicated professionals protects the rights of clients in towns across the northwest suburbs, including in Deer Park, Arlington Heights, 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.

How Lawyers Use Digital Evidence in Court

Web Admin - Tuesday, July 15, 2014

criminal defense digital evidenceThe advent of computer technology has reshaped the way that people communicate with each other, as well as how they treat information. This has created an interesting ripple effect in courts, which now have to deal with lawyers seeking to use digital evidence in court, which includes things like incriminating emails, computer files, and Facebook posts. 

The use of this sort of evidence comes with a variety of hurdles that an attorney must clear. The attorney must prove that the evidence is authentic and untampered with, as well as show that the records are acceptable as testimony. Prosecutors in a criminal case have a higher standard to meet, needing to show that their obtaining the evidence did not violate the defendant's privacy rights.

Hurdles to Using Digital Evidence

Lawyers face three hurdles in using digital evidence: authentication, hearsay, and privacy. Authentication refers to the need to demonstrate that the digital evidence is genuine and that no one fabricated or tampered with it. This is more difficult to show with things like emails than with physical letters because people can easily edit or alter the email's text to change the substance of the message. However, many courts still set a fairly low standard of authenticity for allowing the lawyers to present evidence to the jury; they leave the final determination of genuineness to the jury itself.

The next exception to the use of digital evidence is the rule forbidding “hearsay” testimony, which digital evidence often qualifies as. Hearsay is a statement made outside of a courtroom that the lawyer is attempting to use to prove the truth of whatever the statement is about. For instance, if a defendant is on trial for murder and one witness testifies that another witness told them they had seen the defendant commit the murder, that testimony would be hearsay since the testifying witness is just reciting an out-of-court statement.

Finally, in criminal cases, the prosecution must also show that the police obtained the evidence without violating a person's 4th Amendment rights. In many cases this means that the police must have received a warrant to perform the search, but there are exceptions to this. For instance, in the civil case of Largent v. Reed, the court determined that people do not have a “reasonable expectation of privacy” in regards to the things they post to Facebook, which would mean that a warrant would not be required to look through a person's Facebook profile.

How People Can Protect Themselves

Protecting online and digital information is a difficult prospect. Often, awareness of the public nature of things like Facebook posts, internet searches, and emails can help people stay alert to the fact that such things may be available as evidence in court. This can help modify people's behavior, and make them more careful about the sort of information that they make digitally available. Beyond that, there are some programs that can encrypt private data, but these can often be decrypted throughout the discovery process.

If you are concerned about the use of digital evidence against you in a trial, contact a Barrington criminal defense attorney today. Our firm represents clients across many northwest suburban towns like Rolling Meadows, Palatine, and Schaumburg.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Using Virtual Representation Effectively in Illinois

Web Admin - Wednesday, November 06, 2013

When a trust is created, many different people may have an interest in how it is administered. For example, it is common for the trust documents to allow one person to benefit immediately (i.e. a spouse), with others to receive the assets upon that beneficiary’s death (i.e. the children). Those who are set to inherit later obviously have a stake in how the trust is managed. Mismanagement may affect their interests.

But what happens if those future beneficiaries are children, disabled, or otherwise unable to effectively advocate for their interests? One solution is to go to court and have a judge appoint a guardian to act in their interest. But that process often takes significant time, is costly, and may be ineffective if the future beneficiaries are unknown, like unborn children.

Reaching an Agreement

Is there a way to settle disagreements involving a trust without going to court? Fortunately, there is.

Illinois has a “virtual representation” statute which allows select individuals to represent the interests of others to craft agreements, often dealing with disputes regarding a trust. Essentially, this law allows different parties to create agreements which avoid litigation and are binding on some future beneficiaries.

When used properly, these settlement agreements can solve ambiguities in the trust document, delineate duties of the trustee, and account for many other administrative issues. As a result, these agreements can be incredibly efficient, eliminating the risk of prolonged legal battles down the road.

Many Illinois residents are well served by exploring use of virtual representation to reach a nonjudicial agreement. However, it is important to proceed cautiously, usually with the aid of an attorney. When not created properly, the agreement may not hold up. Under the law, to be valid the primary beneficiaries must all be adults and legally competent. The trustee must also be a party to the agreement. Notably, the agreement cannot change the terms of the trust. In addition, the primary beneficiary must not have a conflict of interest with those who are being bound. To qualify as a primary beneficiary the individual must currently receive income or principal from the trust. Alternatively, the individual must be eligible to receive a distribution of principal at a certain date.

Learn More

Do you want to learn more about using virtual representation effectively? These issues are quite complex, and so it is helpful to contact a Palatine estate planning attorney to make sure you are doing everything in your power to protect your long-term interests. The law office of Drost, Gilbert, Andrew & Apicella, LLC serves clients in Palatine, Arlington Heights, Crystal Lake and other suburban Chicago areas.


Recent Posts


Tags

boating under the influence trustee pizza emoji Legal Info jet ski accidents financial advisors Illinois traffic attorney digital evidence rent to own real estate contracts Crystal Lake tax lawyer Rolling Meadows accident lawyer Inverness civil lawyer underfunded trust medical malpractice Palatine employment law lawyer appealing an insurance claim digital information insurance claim denials Illinois corporate lawyer Palatine business attorney texting while driving Des Plaines pet law attorney Illinois employment law attorneys ObamaCare traffic offenses Inverness estate planning lawyer insurance negligence overtime pay Palatine elder law attorney Joliet general practice lawyers insurance agents digital assets Chicago will attorney defective products lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Arlington Heights Traffic Lawyer drug crime Palatine traffic lawyer landlord murder defense Inverness elder law lawyer Deer Park criminal attorney Chicago attorney Long Grove estate planning attorneys hands free device Illinois workplace lawyer Illinois Human Rights Act Illinois pedestrian accident attorney Illinois living will Palatine traffic accidents pedestrian accidents Buffalo Grove car accident lawyer insurance disputes Rolling Meadows personal injury lawyers Policy Cancellation denied insurance claims special needs trust whistleblower protections bike accident Des Plaines personal injury attorney marijuana Detainer Actions work unions clemency Rolling Meadows medical malpractice lawyers underinsured motorist Rolling Meadows personal injury attorney Schaumburg real estate lawyer Long Grove wills and trusts attorneys Kenilworth estate planning attorneys Illinois will lawyer minimum wage Crystal Lake law firm personal injury claims Buffalo Grove insurance claim dispute lawyers Federal Food Drug and Cosmetic Act DUI penalities employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois wills and trusts Illinois attorney Rolling Meadows boating crash lawyer Deer Park personal injury lawyer Des Plaines real estate attorney Illinois wills and trusts attorneys Crystal Lake employment law attorney Rolling Meadows employment law attorney motorcycle accident lawyer Illinois insurance dispute lawyers car accident criminal law coronavirus Illinois Probate Act of 1975 Arlington Heights estate planning attorney liens Barrington employment law firm Illinois workers compensation attorney Inverness real estate lawyer Illinois elder law attorney Illinois job attorney cell phone accidents rollover accidents Rolling Meadows corporate lawyer marijuana crimes attorney Inverness real estate attorney Illinois business lawyer FMLA slip and fall accidents Illinois medical malpractice case traffic laws Buffalo Grove injury lawyer Chicago employment attorney truck collisions Arlington Heights pedestrian accidents BAC Des Plaines motorcycle accident attorney Illinois probate lawyer unauthorized overtime Inverness probate lawyer real estate closing Palatine punch death estate planning trusts personal injury lawyer natural gas Illinois insurance claim dispute lawyers holiday statistics Schaumburg personal injury attorney consent to a search vacation home fines speeding swimming pools Barrington civil litigation attorney Deer Park workers compensation lawyer denied insurance claim spinal cord injury Schaumburg injury lawyer installment contracts Barrington workers compensation attorney owner responsibility Barrington estate planning attorney fatal car accidents Chicago insurance claim attorneys Illinois business law atorneys Arlington Heights employment law attorneys natural gas explosion Illinois employment laws institutional trustee Do Not Resuscitate Buffalo Grove corporate attorney operating agreements Crystal Lake car accident attorney head on collisions Illinois medical malpractice claim Buffalo Grove real estate attorney mortgage employment contract Palatine real estate lawyer car accident lawyers blended families Crystal Lake business law attorneys estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Arlington Heights traffic attorney internet sexual harassment Crystal Lake employment attorney estate planning Home Remodeling Repair Act Schaumburg drug defense lawyer Crystal Lake injury attorney Deer Park medical malpractice attorney medical research car crash injuries fault based insurance insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Inverness personal injury attorney preventable medical errors personal injury law firm wrongful termination Rolling Meadows insurance dispute lawyers, insurance dispute Illinois insurance lawyer employment lawyer Des Plaines claims law firm Colin Gilbert Inverness accident lawyer back injuries Illinois employment attorneys Crystal Lake medical malpractice attorneys vacation home Schaumburg wrongful death attorney dog bites Crystal Lake estate planning lawyer car accidents Forcible Entry spinal cord injuries rest breaks changes to mortgage law real estate zoning capital gains tax liability Palatine corporate attorney pet bites medical malpractice claims Buffalo Grove criminal defense lawyer Illinois Wage Payment and Collection Act Illinois employment law attorney bad faith insurance claims life insurance lawyer South Barrington real estate attorney privacy independent contractor Rolling Meadows Traffic Lawyer product liability ACA Barrington litigation attorney Illinois mortgages Barrington personal injury lawyer Illinois boating accident lawyer pain and suffering trauma after an accident Super Mario cell phone Arlington Heights medical malpractice lawyer deadly crashes Riverwoods estate planning lawyer Illinois employment lawyer first degree murder mass shooting food poisoning rumble strips South Barrington real estate lawyer Des Plaines Illinois small business anesthesia errors Arlington Heights accident attorney Illinois injury lawyer problem employees expungement construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Des Plaines DUI attorney comparative negligence Chicago estate planning lawyer filing a medical malpractice claim Schaumburg car accident attorney Illinois lawyer Crystal Lake traffic lawyer Schaumburg estate planning lawyer Family Medical Leave Act trusts workplace sexual harassment icy parking lots personal injury construction contracts Schaumburg construction accident lawyer life insurance policy Rolling Meadows marijuana attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace pedestrian-automobile accident trucking accident lawyers elder abuse Buffalo Grove law firm Illinois personal injury attorney senior citizens elder law drug crimes lawyer Long Grove estate planning School Visitation Rights Act federal regulations for LLCs traffic violations Schaumburg medical malpractice lawyer DGAA traffic deaths Illinois tax attorney Illinois jet ski accident lawyer Palatine civil attorney pedestrian injuries, pedestrian fatality auto accidents eluding a police officer Illinois construction accident attorney Illinois speeding lawyer TBI wage theft personal injury attorney probate fees Illinois motorcycle accident lawyer sexual images Crystal Lake accident attorney wills agent workers compensation benefits probate claims process reckless homicide Illinois Sales Representative Act Chicago biking tips Des Plaines accident attorney insurance claim dispute attorney denial of life insurance Schaumburg corporate attorney small business Chicago lawyer healthcare claims Palatine employment lawyer Fair Labor Standards Act Kenilworth estate planning attorney Illinois driving without license real estate attorneys Palatine criminal defense lawyer medical marijuana Rolling Meadows Attorney trucking accidents Illinois Smoke Detector Act car accident lawyer liability claims Illinois workers compensation lawyer Rolling Meadows personal injury lawyer field sobriety test Deer Park DUI lawyer murder charges Rolling Meadows employment attorney Barrington estate planning lawyer insurance denials estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, drugs breach of contract Palatine trusts lawyer Arlington Heights car crash attorneys attorney fees Crystal Lake insurance lawyer Illinois bicycle safety llinois Real Estate Lawyers Association criminal real estate leasing job lawyers Des Plaines real estate lawyer Schaumburg employment law attorneys Arlington Heights wills and trusts attorney Illinois home inspection caregiver Des Plaines insurance attorney estate planning lawyer PTSD Arlington Heights car accident lawyer insurance dispute controlled substance DUI hit and run accident insurance claim dispute Buffalo Grove medical malpractice lawyers medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois criminal defense attorney personal injury claim Illinois employee rights attorney. real estate attorney license revocation insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys employee misclassification loss of consortium insurance adjusters Barrington personal injury attorney Illinois pet lawyer social media after death Illinois employment law Chicago insurance law firm Palatine law firm Mount Prospect wills and trusts lawyers Palatine Attorney life insurance insurance claim denial Illinois trucking safety condo BAIID gift taxes corporate law Illinois registered agent Schaumburg insurance lawyers Crystal Lake medical malpractice lawyer Barrington criminal lawyer power of attorney for healthcare Arlington Heights personal injury attorney Deer Park employment law attorney life insurance claims license suspension Arlington Heights TBI attorney homestead rights Des Plaines drug lawyer insurance denial appeals Whistleblower Claims traffic tickets Retaliatory Discharge severance agreements overtime violations home inspection lawyer foreclosure license reinstatement unfunded trust Barrington employment law attorney Illinois Trust Code Barrington drug crime attorney Exclusions construction accidents right to work Crystal Lake car accident lawyer Chicago estate planning Palatine civil litigation lawyer Arlington Heights lawyer Barrington real estate lawyer Barrington attorney income distribution deducation Chicago car accident lawyer Deer Park traffic accident attorney trust payments Crystal Lake medical malpractice law firm DMV estate attorney Des Plaines personal injury lawyer car crashes dynasty trusts meal breaks Illinois real estate privacy laws Schaumburg personal injury lawyer Illinois personal injury lawyer Class A misdemeanor accidental death benefits investment property Schaumburg civil litigation attorney guardianship attorney traffic accidents Rolling Meadows tax attorney employees college kids Des Plaines collections attorney taxes distracted driving accidents traffic crimes pay when paid contract Crystal Lake criminal defense attorney Illinois law Illinois traffic ticket lawyer drunk driving Inverness traffic law firm Inverness corporate attorney Rolling Meadows criminal attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois Transfer on Death Instrument Illinois wills and trusts Colin H. Gilbert Illinois wrongful termination lawyer estate planning for college students Illinois medical malpractice attorney Schaumburg criminal law attorney commercial leases workers comp breathalyzer test probate lawyer traumatic brain injuries Illinois medical malpractice lawyers insurance attorney unpaid overtime Barrington medical malpractice lawyers employment attorney Arlington Heights wills and trusts lawyer Long Grove real estate lawyer Illinois Workers’ Compensation Commission revenge porn in terrorem provision ken apicella GM ignition switches employee discrimination Mount Prospect real estate lawyer slip and fall irrevocable trust rollover car crashes Arlington Heights employment attorney Schaumburg estate attorney Palatine drug lawyer fiduciary rule delay Crystal Lake civil litigation lawyer Palatine personal injury lawyer Palatine workers compensation lawyer Illinois traffic attorneys civil rights violation DUI defense Illinois defective products attorney loopholes Des Plaines tax law firm IRA benefits fiduciary rule Arlington Heights personal injury lawyer pedestrian accident dealing with problem employees startup company Des Plaines Traffic Lawyer landlord tenant law Rolling Meadows insurance lawyer Illinois insurance claim dispute lawyer Illinois insurance claims lawyers Schaumburg Rolling Meadows Illinois collections attorney insurance claim delay living trust vs will Illinois employment law firm comp time Illinois traffic laws Inverness injury lawyer healthcare civil litigation attorney Rolling Meadows insurance attorney Arlington Heights Attorney Deer Park motorcycle accident lawyer employment law, Illinois employment laws Schaumburg personal injury lawyers Inverness DUI lawyer hiring employees personal injury accidents no contest clauses real estate insurance claim Illinois LLC creation Rolling Meadows employment law attorneys forming a corporation in Illinois Arlington Heights real estate lawyer LLCs Food and Drug Administration's Food Safety Modernization Act Barrington boating accident attorney murder child safety commercial real estate Chicago will attorney, social media platforms, Illinois estate planning lawyer, Arlington Heights tax lawyer IRS Schaumburg elder law lawyer automated cars POA Kenilworth estate planning lawyer Rolling Meadows insurance dispute lawyers condo association Rolling Meadows business lawyer trench injuries Home Sale Contingencies pregnant women gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Schaumburg employment attorney low-ball insurance settlement Schaumburg traffic lawyer Buffalo Grove probate lawyer Schaumburg criminal attorney Rolling Meadows DUI lawyer boating DUI employment law Arlington Heights trucking lawyer insurance agent negligence Illinois estate planning law firm dram shop law Barrington Traffic Lawyer estate tax Palatine insurance lawyer Buffalo Grove traffic lawyers Fourth of July estate plan Illinois estate planning attorney CAM Crystal Lake pedestrian accident lawyer caretaker rights defective products power of attorney Schaumburg probate attorney Crystal Lake employment lawyer drug crimes underage DUI insurance dispute attorney nursing home negligence Rolling Meadows real estate attorney Inverness insurance attorney Schaumburg estate planning attorney Barrington Illinois estate planning lawyer Employment Discrimination Law real estate contract Rolling Meadows estate planning attorney cell phone tower data manufacturing boating accidents Arlington Heights insurance attorney IRELA Rolling Meadows criminal lawyer Rolling Meadows drug defense attorney Buffalo Grove personal injury attorney products liability Palatine employment attorney advance healthcare directive IRA trust transfer commercial leasing Crystal Lake personal injury lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, medical malpractice compensation business litigation Deer Park accident attorney distracted driving accident victims Crystal lake insurance dispute attorney drunk driving statistics real estate lawyer foreclosed rental property DUI attorney employee rights Crystal Lake personal injury attorney involuntary manslaughter Thanksgiving Barrington business law firm Illinois rollover accident lawyers blood alcohol content Illinois workplace discrimination attorney Des Plaines injury law firm criminal record federal crimes car crash Illinois insurance attorney DNR Des Plaines personal injury lawyers Illinois estate planning Arlington Heights injury attorney motorcycle accident BUI uninsured motorist Rolling Meadows traffic attorney Illinois trusts attorney Palatine injury attorney deed transfer Liquor Control Act Rolling Meadows car accident lawyers subcontractor Schaumburg Attorney Palatine estate planning lawyer probate claims preventing accidents modern family estate planning Affordable Care Act crossover accidents unpaid assessment Landlord Tenant Ordinance wrongful death Chicago employment lawyer Jay Andrew estate planning attorney Illinois civil litigation lawyer Crystal Lake traffic attorney criminal defense Palatine probate lawyer Illinois car accident attorney Attorney Ken Apicella Illinois traffic accident lawyer compensatory time living wills drug possession Des Plaines medical malpractice attorney Barrington injury attorney Rolling Meadows probate lawyer Long Grove real estate attorney new real estate form driving license Crystal Lake pet attorney sole proprietorship Chicago traffic lawyer golf accidents Buffalo Grove personal injury lawyer jet ski digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois real estate lawyer Rolling Meadows litigation lawyer surgical mistakes Transfer on Death Instrument suspended license Buffalo Grove traffic attorney Arlington Heights wills and trusts attorneys living trust benefits workers compensation tax attorney insurance claims Des Plaines civil attorney Rolling Meadows traffic law firm civil litigation Des Plaines criminal attorney pet law health insurance dispute Buffalo Grove employment lawyer Palatine construction attorney traumatic brain injury brain injury paid sick leave Illinois personal injury lawyers texting and driving Illinois personal injury Deer Park real estate law firm Crystal Lake will lawyer traffic violations defense Barrington employment attorney Des Plaines drug crimes lawyer Arlington Heights criminal lawyer Illinois insurance claim attorney Barrington criminal defense lawyer residential real estate disability benefits creditors premises liability Illinois red light cameras Arlington Heights wills and trusts lawyers Crystal Lake bike accident lawyer bicycle dooring accidents car collision Chicago corporate attorney FSLA medication errors Long Grove estate planning attorney Self-Directed IRA Accounts Illinois DUI attorney Palatine corporate law attorneys probate Mt Prospect Attorney probate process bicycle accidents Mount Prospect elder law attorney Deer Park traffic lawyer Illinois insurance disputes living trust Chicago trucking accident attorney contracts

Archive