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

Common Causes of Dangerous Truck Accidents

Web Admin - Wednesday, March 14, 2018
Schaumburg truck accident attorneyDriving is such a commonplace activity that many people do not consider the risks inherent in operating a vehicle. While modern automobiles have a wide variety of safety features, they can only do so much to protect drivers and passengers in a collision, especially when large vehicles such as semi-trailer trucks are involved.

Due to their massive size and weight, accidents involving tractor-trailer trucks can be especially deadly. Every year, there are an average of almost 4,000 deaths and 100,000 injuries in truck accidents in the United States. Many of these accidents are preventable, and people who have been injured in these types of collisions should be aware of the reasons these accidents can occur and understand their options for receiving compensation for their injuries.

Factors Leading to Truck Crashes

Drivers of commercial vehicles such as semi-trailer trucks must obtain a commercial driver’s license (CDL), and they must follow certain rules and procedures when operating their vehicles. Trucking companies must also meet certain requirements, including keeping equipment maintained and following proper safety procedures. When drivers or their employers fail to follow the correct procedures or act in violation of the law, they put other drivers, pedestrians, bicyclists, and anyone using the road in danger. 

Some of the most common reasons that truck accidents occur include:

  • - Driver fatigue - When truck drivers are on the road for over eight hours, their likelihood of becoming involved in an accident doubles. Unfortunately, many of these drivers regularly drive for longer than is safe, often due to encouragement or even requirements from their employers, and their fatigue can lead to deadly accidents.
  • - Equipment problems - Tractor-trailer trucks have a large amount of equipment that must be properly maintained, and failure to perform regular maintenance can lead to tire blowouts, engine failure, brake failure, detached trailers, or steering problems, all of which can cause accidents. Failure to properly secure loads can lead to shifting cargo that can cause a driver to lose control of their truck, and objects which fall from trucks can cause serious injuries to other drivers.
  • - Driver error - Truck drivers who drive at excessive speeds, follow too closely behind other vehicles, make improper or unsafe lane changes, fail to slow down or stop in time, run their vehicle off the road, or fail to properly account for road conditions or weather risk the safety of everyone around them.
  • - Distracted driving - Attempting to make a phone call or texting while driving is dangerous for any driver, but especially so for truck drivers. These drivers are often prone to distraction from a variety of sources, including radios or equipment used to log the time and distance they have driven.
  • - Intoxicated driving - The legal limit for blood alcohol content for commercial drivers is .04%, as opposed to .08% for other drivers. Truck drivers must take extra care to avoid impairment from alcohol, prescription medications, or other drugs. Unfortunately, these drivers often use stimulants or illicit drugs to combat fatigue, and impairment from these drugs can cause deadly collisions.

Contact a Palatine Truck Accident Attorney

If you have been injured in a truck accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you pursue compensation for the damages you have suffered, including the costs of medical care, lost income from missed work, and pain and suffering. Contact a Schaumburg personal injury lawyer by calling 847-934-6000 to schedule 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.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief
https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2015
http://www.trucking.org/ATA%20Docs/News%20and%20Information/Reports%20Trends%20and%20Statistics/02%2012%2013%20--%20FINAL%202013%20Car-Truck%20Fault%20Paper.pdf
https://www.truckdrivingjobs.com/faq/truck-driving-accidents.html

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

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.

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.

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.

Liability for Accidents on the Golf Course

Web Admin - Tuesday, June 03, 2014

illinois golf accident lawyerWith the warm weather finally here, many people have already begun making their way back to the golf courses. Yet, the sport is not without its legal liabilities. Errant golf ball strikes are a common hazard that can result in damage to nearby property, harm to other players, and even death in some more serious circumstances. Additionally, many golf games involve the players drinking during the game or at the clubhouse afterwards. While the players themselves should always monitor their own intake and drink responsibly, the golf course may also be responsible for damage caused by their drinking if it sells them the alcohol.

Errant Golf Balls

The question of liability for errant golf balls hinges on whether the person or property that was damaged was actually on the course or simply nearby.  One of the most common types of accidents on the course occurs when one player injures another. The occasional poorly aimed shot can go awry and hit another player on another hole or standing off the course. Ordinarily, landowners, like the golf course, do not have a duty to protect people on their land from obvious dangers, like errant shots on a golf course, but such a duty does arise when the owner can reasonably anticipate the danger. Consequently, if there is an area, such as a clubhouse deck, where missed shots land with some frequency, the course may be liable to the injured player.

Importantly, this protection does not necessarily extend to people who have purchased homes near the golf course. Errant shots do occasionally hit those homes or the people in them, and when that happens courts have found it to be the homeowner’s responsibility. One example of this happened in 2005 when a missed drive struck a woman sitting in her garden. The court refused to award damages based on the legal doctrine of “assumption of risk,” which means that homeowners who buy houses near a course are aware that shots may occasionally land on their property and they accept that risk when they buy the house.

Alcohol on the Course

That golf courses tend to sell alcohol also implicates something known as “dram shop laws.” These are laws that make alcohol distributors liable for the damage caused by drunken patrons in certain circumstances. These laws allow people who have suffered injury or property damage because of a drunken person to sue the business that furnished the liquor, provided that the business sold enough alcohol to be responsible for the person’s drunkenness and that the drunkenness was the cause of the damage.

If you were recently injured on a golf course, contact a skilled Illinois personal injury attorney today. Our firm counsels clients in towns around the northwest suburbs, including in Crystal Lake, Buffalo Grove, and Deer Park.

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.


Recent Posts


Tags

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

Archive