DGAA bLAWg

Contaminated Lettuce Leads to Widespread E. Coli Outbreak

Web Admin - Wednesday, May 30, 2018
Rolling Meadows product liability attorney food poisoningWhen you purchase food at a grocery store or restaurant, you expect it to be safe to eat. Unfortunately, cases occur all too often in which foods containing pathogens are provided to consumers, resulting in serious diseases and even death. A currently-ongoing case involving romaine lettuce illustrates the dangers of contaminated foods, and people injured by food poisoning should be sure to understand their options for recovering compensation under product liability laws.

E. Coli Contamination

An outbreak of food poisoning from romaine lettuce contaminated with E. Coli began in March of 2018. In the ensuing weeks, 149 cases have been reported across 29 states (including Illinois), with 64 people being hospitalized and one person dying so far. These cases were linked to lettuce grown in the Yuma, Arizona region, and the strain of E. Coli in this case is especially virulent, resulting in a high rate of complications.

The Centers for Disease Control (CDC) has advised consumers to avoid eating any romaine lettuce, including whole heads or hearts, bagged lettuce, organic romaine lettuce, and salads containing mixed greens, unless they can confirm that the lettuce was not grown in the Yuma region. While some restaurants and grocery stores have announced that the lettuce they are selling or serving is not from the Yuma region, consumers may prefer to avoid romaine lettuce altogether. People should also be aware that rinsing or washing lettuce is not an effective way to remove E. Coli.

The strain of E. Coli in this case is known as a Shiga-toxin producing E. Coli (STEC). After consuming STEC, symptoms will typically occur within three to four days, and they may include severe stomach cramps, bloody diarrhea, and vomiting. This strain has been shown to result in hemolytic uremic syndrome, a life-threatening form of kidney failure.

Contact a Palatine Personal Injury Attorney

Food poisoning from contaminated foods can lead to severe, life-threatening illnesses that can have long-lasting effects on a person’s health and well-being. If you have contracted E. Coli or another disease after eating food bought from a restaurant or grocery store, you may be able to recover financial damages from the party or parties who were responsible. At Drost, Gilbert, Andrew & Apicella, LLC, our Des Plaines product liability lawyers can help you understand your rights and options, and we will advocate for you to receive the compensation you deserve for the damages you have suffered. Contact us at 847-934-6000 to arrange a personalized consultation.

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:
https://www.cdc.gov/ecoli/2018/o157h7-04-18/index.html
https://www.consumerreports.org/e-coli/romaine-lettuce-e-coli-cases-climb-what-you-need-to-know/
https://www.cnn.com/2018/05/09/health/romaine-e-coli-outbreak-spreads/index.html

Most Frequent Causes of Traffic Accidents

Web Admin - Tuesday, June 21, 2016

causes of traffic accidents, Illinois Personal Injury AttorneyAnyone can find themselves involved in an automobile accident. Even a safe and courteous driver can can quickly become the victim of someone else’s negligence on the road. When an accident occurs, injured victims can suffer from any number of personal injuries or property damages. Therefore, these individuals deserve to be compensated for medical expenses, treatment, lost wages and lost property. 

Why Do Traffic Accidents Occur? 

There are several reasons why drivers are negligent behind the wheel. The most commonly cited causes for traffic accidents include the following: 

1. Distracted driving. Distracted driving is one of the leading causes of traffic accidents in Illinois. While it is illegal to text and drive in Illinois, many drivers still do it and end up causing accidents. However, fiddling with a cellphone is not the only way that a driver could be distracted while behind the wheel. 

Drivers can be distracted by passengers (e.g., unruly pets, distracting children, talking passengers, etc.), eating or drinking while driving, or searching for items that are on the floor, in the glovebox, or are in a purse or backpack. Drivers who do not stay focused on the task at hand—driving safely—are negligent and are responsible for any accidents and injuries that they may cause. 

2. Driving while tired. All too common in large truck accidents, drivers may get behind the wheel and operate a vehicle while they are too tired to drive safely. A driver may accidentally doze off at the wheel or lose focus on the road. Droopy eyelids and inattentiveness make overly tired drivers unsafe drivers. Moreover, dozing off at the wheel is negligent driving. 

3. Speeding. Most people speed as some point when they are driving; sometimes it is to pass another vehicle and sometimes it is on accident. However, there are drivers who frequently make it a habit to drive at unsafe speeds. Additionally, speeding is commonly cited as a cause of many accidents in Illinois. 

4. Driving while under the influence of drugs or alcohol. When a driver decides to get behind the wheel while intoxicated or under the influence of drugs, then he or she is exercising bad judgement and is placing himself or herself, a well as other drivers, at risk of injury or death. Driving while under the influence of alcohol or drugs is clearly negligent, and drivers who operate a vehicle while under the influence should be held accountable for their poor judgement and negligent actions when others are hurt.

Speak with a Skilled Personal Injury Lawyer in Illinois Today

If you or a loved one has been injured in traffic accident, then it is important that you speak with a skilled personal injury lawyer immediately. We will work to help you obtain the maximum possible recovery to which you are entitled by thoroughly examining the scope and extent of your injuries, identifying all of the potentially liable parties, and diligently investigating your claim. 

With offices located in Schaumburg, Des Plaines, Rolling Meadows, Barrington, Arlington Heights, Inverness and Deer Park, our experienced Illinois personal injury attorneys are here to help ensure your best interests are met. Please call 847-934-6000 to speak to a member of our team today.

    Ken Apicella

    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.


Sources:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501





Accidents Involving Large Trucks

Web Admin - Thursday, February 04, 2016

accidents involving large trucks, Illinois Personal Injury AttorneyFor many reasons, accidents involving very large trucks, such as semi-trailers or 18-wheelers, are unique. To begin, these accidents have a higher chance of serious injury when passenger vehicles are involved, which can lead to very important personal injury claims. Further, passenger vehicles are usually completely destroyed when hit by a semi-trailer. These accidents are also unique because there are special federal laws regulating the trucking industry. 

Serious Accidents 

A semi-trailer truck pulls one or more detachable trailers and are used to transport various goods and equipment. It is common for drivers of these trucks to travel great distances. As a result, along with the fact that accidents involving these trucks are so dangerous, the trucking industry is regulated by both state and federal law. 

Under the regulations of the Federal Motor Carrier Safety Administration, a driver of a commercial motor vehicle (such as a semi-trailer truck) is not permitted to drive when his or her ability to drive is impaired due to fatigue or illness to such an extent that it is unsafe to drive. Further, drivers can only be on the road for a limited number of hours. For example, an individual driving a truck carrying property can only drive a maximum of 11 hours after he or she has been off-duty for at least 10 consecutive hours. Some of the other issues that truck regulation addresses include retention of the driving log, the size and weight of the vehicle, and required maintenance of the truck. 

Despite the regulations placed on the trucking industry, accidents still occur. Some of the more common reasons why accidents occur are because the driver is under a tight deadline, the driver deprived of sleep, or the driver is distracted due to using a cellular phone or other device. When these accidents occur, there are many individuals or entities that potentially can be held liable and include the following: 

1. The driver;

2. Trucking company;

3. Owner of the truck;

4. Truck manufacturer; and

5. Parties responsible for inspection or maintenance. 

While the number of potential responsible parties may increase the chance of a successful claim by the plaintiff, it also introduces a greater level of complexity than accidents involving passenger vehicles. Another issue when making a claim for a truck accident is dealing with the truck company’s insurance claims adjuster. The levels of insurance that truck companies must carry are quite often significantly higher than what a driver of a passenger vehicle must carry. As a result, claims adjusters will work very hard to limit the liability of the company. 

Help for Victims 

If you have been injured in an accident involving a large truck or commercial vehicle, it is likely that you have significant medical costs. For more information related to the development of a claim against those responsible for your accident, please reach out to a skilled Illinois personal injury attorney today. Our firm provides help for individuals 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: 

https://www.fmcsa.dot.gov/regulations/title49/section/392.3


Basic Overview of Medical Malpractice Claims

Web Admin - Tuesday, January 05, 2016

medical malpractice claims, Illinois personal injury attorneyWhen we are sick or injured, we turn to doctors and other health care professionals for help. Unfortunately, in some cases, mistakes are made that can lead to more harm. When those mistakes rise to the level of negligence, it may be possible for the victim to file a medical malpractice claim against those responsible. 

Making a Claim 

In general, the following must exist for an individual to make a medical malpractice claim: 

1. A doctor-patient relationship;

2. The doctor, hospital, or medical professional acted negligently in diagnosing or treating the patient, which is proven by showing that a competent doctor under the same circumstances would not have caused the harm the patient suffered;

3. The negligence caused the patient’s injury; and

4. The patient suffered specific damages, which may include physical pain, mental suffering, increased medical bills, or the inability to work. 

Under Illinois law, a victim must file a claim within two years of the date he or she became aware of, or should have become aware of, the medical malpractice (this period is known as the statute of limitations). However, a claim cannot be made more than four years after the date of the malpractice, regardless of when the malpractice was discovered. 

If the victim is under 18 years old, the statute of limitations is eight years or when the victim turns 22, whichever occurs first. The statute of limitations is important because after the period to file expires, claims are usually barred. 

Plaintiffs in medical malpractice claims must also file a certificate of merit along with their complaint. Many states require a certificate of merit (or similar document) in an attempt to reduce the number of medical malpractice claims, which are often expensive and time-consuming to complete. A certificate of merit demonstrates that there is some indication of malpractice, which can help ensure that the claim is not frivolous. 

Illinois law requires the plaintiff to declare that one of the following is true: 

- Consultation with a health professional was made and that individual determined in a written report that there is a reasonable and meritorious claim the plaintiff can make;

- Consultation with a health professional was not possible because the statute of limitations was close to expiring (the plaintiff has 90 days from filing the complaint to satisfy the written report requirement); or

- Request was made for the patient’s health care records and the person responsible for presenting them failed to do so within 60 days of receipt of the request (the plaintiff has 90 days from the date of receipt of the records to satisfy the written report requirement). 

It is important to note that if the requirements of the certificate of merit are not met, the statute of limitations continues to run, even if the complaint was properly filed. Help for Victims

If you have been injured and believe it was the result of negligence on the part of a doctor or other health care provider, it may be possible for you to recover a damage award. For more information, please contact an experienced Illinois personal injury attorney today. Our firm provides our services to 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://ilga.gov/legislation/ilcs/documents/073500050K13-212.htm


Construction Workers Injured on the Job

Web Admin - Thursday, December 10, 2015

construction workers injured on the job, Illinois Personal Injury AttorneyConstruction sites are dangerous and the involved dangers—falling objects, electrocutions, and heavy machinery—can lead to substantial injuries. Workers who are injured while on a construction site may have several ways of recovering for the injuries they sustain, including personal injury lawsuits. If successful, these claims can be vital in helping victims recover from their injuries. 

Personal Injury Claim 

It is important to note that an injured worker cannot file a lawsuit against his or her employer. Instead, compensation for those injuries is pursued through a workers’ compensation claim. However, third-party claims are possible in certain circumstances. For example, if a subcontractor’s employee is injured while on site, he or she may file a lawsuit against the owner of the site or the general contractor. Third-party claims can lead to recovery for pain and suffering, medical expenses, and lost wages. 

Numerous individuals may be held responsible for injuries suffered on a construction worksite and include the following: 

1. The site owner may be held liable even if he or she is not present at the time of the accident;

2. The general contractor is responsible for hiring workers and ensuring that the worksite is safe;

3. A subcontractor holds similar duties as the general contractor; however, his or her liability is usually limited to a particular area of the site;

4. Architects may be held liable for design flaws; and

5. Equipment manufacturers may be held liable if their products are faulty or defective. 

Personal injury lawsuits arising out of construction-related accidents are pursued under a negligence theory. For a plaintiff to be successful, he or she must establish the following elements: 

1. The defendant owed a duty of care to the plaintiff;

2. The defendant breached that duty;

3. The plaintiff was injured as a result of the breach; and

4. The plaintiff suffered damages as a result of the injury suffered. 

An important issue to be aware of is the statute of limitations—the amount of time a person has to file a lawsuit against those individuals claimed to be responsible. For a personal injury or products liability lawsuit, the plaintiff has two years from the date of the accident. A products liability lawsuit arises when a manufacturer makes a defective product. In a wrongful death claim, the lawsuit must be filed within two years of the decedent’s death. Critically, if a lawsuit is not filed within these time periods, the right to recover is (usually) lost forever. 

Helping Victims 

Construction workers often operate in environments that have an increased risk of injury. When an injury occurs, it may have been caused by the actions of another person. If you have been injured in a construction-related accident, please contact a skilled Illinois personal injury attorney today. Our firm represents individuals throughout the northwest suburbs in the communities of Schaumburg, Crystal Lake, 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.


Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68


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.

Thanksgiving Day Massacre: If Turkeys Had Legal Rights

Web Admin - Friday, November 21, 2014
turkey Thanksgiving criminal charges, Schaumburg personal injury lawyer

Thanksgiving is just around the corner now, so it seems like a good time to engage in an educational hypothetical: “what if turkeys had legal rights?” Suppose Chris Carver is just about to start preparing Tom Turkey for Thanksgiving dinner, when Governor Rauner, taking his cue from the annual presidential turkey pardon, decrees that all turkeys are protected and have the same rights as people. The police break down Chris's door, taking him away in handcuffs and saving Tom. This leads to two questions: “what, undoubtedly delicious, crimes could Chris be charged with?” and “what civil claims could Tom bring against him?"

Criminal Charges

There are a variety of crimes that Chris may be guilty of. The two major ones are kidnapping and attempted murder. Kidnapping is defined under Illinois law as “secretly confining someone against their will.” Chris was clearly confining Tom. Assuming it was done secretly, Chris may actually be guilty of aggravated kidnapping, a more serious version of the crime, because he had a carving knife, which would be a deadly weapon for purposes of the law. Aggravated kidnapping is a Class X felony in Illinois, which carries a sentence of between six and 30 years in prison.

However, Chris was doing more than just confining the turkey; he was preparing to cook him, which would be first-degree murder in Illinois. The different degrees of murder in Illinois are based on what the offender was attempting to do. Chris's qualifies for first-degree, the most serious, because he was intentionally trying to kill Tom. The fact that Chris did not succeed in killing Tom Turkey does not matter because he took a “substantial step” towards the murder when he kidnapped Tom. This means that the state could still charge him with attempted first-degree murder, also a Class X felony.

Civil Claims

While the criminal charges would take care of punishing Chris for his crimes, they do not provide Tom with any restitution for his ordeal. Fortunately, Tom can also sue Chris in civil court for several different claims. For instance, Tom can sue Chris for false imprisonment, the civil version of kidnapping, because he held Tom against his will. Tom could also sue Chris for assaulting him, since Chris intentionally acted in a way that put Tom in fear of an immediate harmful contact. Assuming Tom succeeds on these claims he can recover a variety of damages including payment of any medical bills, any wages he lost from his job during his confinement and recover, and compensation for the emotional pain and suffering of almost becoming Thanksgiving dinner.

If you believe you have been a victim of harms like Tom's, or you want to learn more about your criminal rights if you have been charged, contact the Schaumburg personal injury and criminal attorneys at Drost, Gilbert, Andrew & Apicella, LLC today. We assist clients in Rolling Meadows, Buffalo Grove, Barrington, and throughout the Chicago suburbs. Call 847-934-6000 for a free consultation.

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.

Truck Accidents in Illinois: Understanding the Types of Collisions

Web Admin - Tuesday, May 06, 2014

illinois truck accident lawyerAccidents involving commercial trucks are a special type of traffic accident that differ from normal car wrecks in both practical and legal matters. From a practical standpoint, accidents that include a commercial truck can be especially dangerous. Even though truck accidents only account for three percent of all accidents in Illinois, the Illinois Department of Transportation reports that they make up nine percent of all accidents involving a fatality. Furthermore, nationwide statistics reveal the 83 percent of people killed in truck collisions are either pedestrians or occupants of other vehicles. Given the abnormally severe consequences of truck accidents, it can be important to understand the general law surrounding them, as well as the specific concerns that arise in truck accidents as opposed to other types of crashes.

The Law of Truck Accidents

Truck collisions are governed by the same law that governs most traffic accidents. This means that the lawsuit will most likely proceed under a theory of negligence. In order for the victim to succeed in showing that the defendant acted negligently, they will need to prove four things:

  • - That the defendant had the responsibility to use “reasonable care” to prevent harm from coming to the plaintiff (motorists almost always have this responsibility towards each other);
  • - That the defendant acted carelessly;
  • - That the defendant’s careless act caused the accident; and
  • - That the plaintiff suffered harm in the accident.

While these four things, often called the elements of negligence, arise in most traffic accident lawsuits, the fact that a commercial truck was involved creates unique considerations, especially because the truck driver may be an employee of a company.

Distinct Considerations for Trucks

Commercial trucking accidents differ from normal automobile crashes in a variety of ways. One of the most common changes is the fact that commercial truck drivers are often employees of a company. This means that the person whom the truck driver injured may be able to hold the corporation responsible for the acts of its employee. This could happen through two different methods.

First, the plaintiff could try to show that the trucking company was in some way negligent. Examples of negligent behavior on the part of companies might include improper maintenance of the trucks, insufficient training of the employees, or a failure to properly supervise employees. This last issue of improper supervision can be important since there are particular regulations related to the trucking industry that govern things like the amount of time that a driver may spend on the road consecutively. Failing to abide by these regulations could increase the chance of a serious accident.

Even if a corporation is not negligent in its own actions, the court may still hold it responsible for its driver’s actions under a doctrine known as “vicarious liability.” This doctrine states that employers may be held liable for their employees’ actions in situations where an employee is acting on behalf of the employer.

If you have recently been the victim of a truck collision, reach out to a skilled Illinois personal injury attorney today. Our experienced team helps clients in towns all over the northwest suburban area, including in Palatine, Arlington Heights, and Des Plaines.

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.

Pedestrian-Bicycle Collisions in Illinois

Web Admin - Thursday, March 06, 2014

illinois pedestrian bicycle accident attorneyPedestrians walking down the sidewalk or crossing the street know to watch out for cars, but many are unaware of just how dangerous a passing bicycle can be and what to do in the event that they end up in an accident with a bike. Collisions between bikes and pedestrians are surprisingly dangerous and more common than many people expect. While exact numbers are difficult to find, since many bike accidents go unreported, a study from Hunter College estimates that over 1,000 pedestrians are hospitalized each year for injuries resulting from bike collisions in New York State alone.

Part of the reason for this is a lack of understanding on by both cyclists and pedestrians about what rules of the road bikes must obey. This leads to confusion on the part of the pedestrian about what the cyclists will to do in any given situation. The Illinois Secretary of State maintains a good guide regarding how traffic laws apply to bikes, but the rule of thumb is that a bicycle in the street must obey all laws that any other vehicle would, and a bicyclist on the sidewalk must obey the laws and signals used by pedestrians.

Harm from Bicycle Accidents

While bicycles lack the mass and speed of a car, they can still do serious harm to unprotected pedestrians in an accident. Some of the most common severe injuries that result from these sorts of accidents are traumatic brain injuries (TBIs). Pedestrians can develop these types of injuries if they suffer a hard blow to the head after a bike knocks them down. The most common symptom of a TBI is a concussion, but they can also result in nausea, vomiting, headaches, seizures, and even coma in more serious cases. Bike accidents can also frequently cause broken bones, depending on the speed at which they happen and the way the pedestrian falls.

What to Do after a Bicycle Accident

The steps to take after a bicycle accident are similar to those that follow a car crash: make sure everyone is ok, call for medical attention if necessary, alert the police, and exchange information with the other party. The major difference is that bike accidents are more prone to turning into hit-and-runs. While bicyclists are obliged to stay at the scene of an accident just like drivers, many do not realize that they have that duty, and some who do know choose to flee the scene anyway. The best course of action here is to get as much identifying information about the fleeing cyclist as possible, and then make a report to the police.

If you have been the victim of a pedestrian versus bicycle accident, reach out to an Illinois personal injury attorney today. They can help you seek the full and fair compensation that you deserve. Our firm lends its experience and knowledge to clients across the northwest suburbs, in places such as Inverness, Deer Park, 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.

Shopping Hazard: Icy Parking Lots in Illinois

Web Admin - Thursday, January 16, 2014

By Ken Apicella
http://www.dgaalaw.com/ken-apicella.html
KCA@dgaalaw.com

With winter back in full force in Chicago, shoppers should take care when walking to from their cars through the parking lots full of ice and snow. In fact, tens of thousands of people every year suffer serious injuries sustained from severe falls, according to a report by the Centers for Disease Control. The law surrounding such falls is somewhat complex, and who bears the responsibility of paying for the injuries depends on the precise circumstances of the case.

A lawsuit relating to slipping and falling in an icy parking lot would be brought under an area of law known as “premises liability.” Premises liability means that people who own land and allow people onto it have a duty to use reasonable care to ensure that people on their land do not come to harm. However, ice and snow pose something of a special case since Illinois has something known as the “natural accumulation” rule.

The natural accumulation rule states that property owners are not liable for those who slip and fall on the snow, provided they did not alter it in some way. For instance, suppose that it snows 11 inches and a person decides to go shopping. If the store chooses to do nothing about the snowfall and the patron slips, then the store would probably not owe them money, barring some sort of special circumstances. However, if the store plowed their parking lot, and the patron hurt themselves climbing over a mound of snow left by the snow plow, then the store would owe them for the injury. Incidentally, under Illinois law, laying down salt in an effort to prevent ice does not count as altering the snow enough to make a store liable for it.

Stores may also be liable for falls sustained in icy parking lots with “underlying defects.” An underlying defect is a problem with the premises that may exacerbate the issues of ice or snow. Improper lighting is a common type of underlying defect. If a store fails to light its parking lot well enough and a person suffers a fall in the treacherous, icy conditions because they could not see well, then they could have a case against the store.

Furthermore, parties who have agreed to remove snow may also potentially be liable for a shopper’s injuries in a fall. If the company that owns a mall promises the stores in the mall that it will clear the snow, and then fails to do so, the mall could be liable to a shopper who slips. This could even be true if the shopper falls in a natural accumulation of snow

Were you recently injured by slipping and falling in an icy parking lot? If so, contact a Rolling Meadows personal injury attorney today. We serve many areas in the northwest suburbs including Barrington, Buffalo Grove, and Schaumburg.


Recent Posts


Tags

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

Archive