DGAA bLAWg

Can I Pursue Compensation if I Am Injured on Someone Else’s Property?

Web Admin - Thursday, September 12, 2019
Rolling Meadows property owner liability attorneyA property owner is responsible for taking reasonable care to protect the safety of those who are allowed to be on their premises. If a personal injury occurs because of a property owner’s negligence, the victim may be able to receive compensation for the damages they have suffered. Potential premises liability claims may range from a broken seat causing trauma at a movie theatre to a person being injured in a slip and fall accident at an individual's home. An injury sustained from an unsafe or defective condition on someone else's property is the root cause for a premises liability claim. 

When Is a Property Owner or Occupant Liable?


According to Illinois law (740 ILCS 130/2), a property owner or tenant has a “duty of care” to ensure that those who enter their property are safe from harm. This duty applies to people who are legally allowed to enter the premises, and a property owner may be liable for injuries or damages which occur if they did not take reasonable care to correct hazards or provide warnings about potential dangers. However, the owner or tenant is not required to: 

- Provide warnings about conditions on the property that are already known by the guest or which are “open and obvious.”

- Alert visitors about hazards that unknown to the owner or occupant.

- Advise visitors of any threats resulting from the improper use of the property or protect against injuries that occur as a result of this type of misuse.

Steps to Take After an Accident


If an injury occurs at a business or another person's residence, victims should take steps to protect their ability to pursue compensation. If possible, the injured party should document the area in which the incident took place. This may include taking pictures or videos or getting statements from any witnesses. Gathering evidence as soon as possible is crucial, because the property owner could try to correct the hazard after the incident in order to avoid being held liable. 

Victims should refuse any payments or compensation offered by the liable party at the time of the accident, because these payments are likely to be far less than the actual costs of medical treatment and other damages resulting from the injury. It is also important to receive medical care for an injury as soon as possible. This will provide evidence of the full extent of the injuries, ensuring that proper compensation can be recovered.

Contact an Arlington Heights Premises Liability Lawyer


If you have been injured while on someone else’s property, you may be able to recover compensation by showing that the owner or tenant’s negligence was the direct cause of your damages. The knowledgeable Inverness personal injury attorneys at Drost, Gilbert, Andrew & Apicella, LLC can investigate the circumstances of your injury and help you determine your best options for receiving the compensation you deserve. Contact our office at 847-934-6000 to schedule a free initial 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:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

Why Distracted Driving Can Lead to Serious Car Accident Injuries

Web Admin - Friday, July 19, 2019
Buffalo Grove car accident attorney distracted drivingThe risk of getting in a car accident is something that affects everyone who uses the roads throughout the United States, and because of the potential for serious injuries or death, it is important for everyone to drive carefully and follow the laws. Unfortunately, distracted driving is one way in which many people threaten the safety of others, and this practice is alarmingly common and dangerous.

The Dangers of Multi-Tasking While Driving


Driving a car or truck is a common, everyday activity for most people. Adults who have spent a large amount of time behind the wheel may slip into “autopilot” and stop paying close attention to what is happening on the road around them. This problem is compounded if they attempt to do other tasks while driving, such as making a phone call, reading or sending a text message, looking up information on a smartphone, checking a navigational system, changing stations on the radio, adjusting climate controls, eating or drinking, or talking to passengers. 

While people may believe that they can safely “multi-task” and divide their attention between driving and other activities, this can be incredibly dangerous. Any distractions can cause a driver to miss important signals that could help them avoid danger. Multi-tasking while driving is dangerous for the following reasons:

- Performing two activities that require thinking greatly increases a person’s reaction time. For example, if a person is talking on the phone while driving, a significant part of their brain is focused on the conversation rather than on the road. The time it takes for the brain to switch between talking and reacting to sensory input will result in an increased reaction time. Even a difference of a split second can cause a driver to be unable to react in time to avoid colliding with another vehicle or a pedestrian.
- Talking on a mobile phone reduces a driver’s field of perception. Studies have shown that when a person is speaking, even if they are using a hands-free device, their visual field is reduced by up to 50%. This could result in them not seeing pedestrians, traffic lights, or obstacles on the road.
- Even if a driver only uses a cell phone or other electronic device while they are stopped at a red light, this still can cause dangerous distractions. Studies have shown that when someone sends a text, this causes them to be distracted for up to 27 seconds after doing so. By this time, the light may have changed, and other vehicles or pedestrians around the vehicle may have begun moving. Mental distractions that occur while navigating an intersection can lead to serious injuries.

Contact a Des Plaines Car Accident Lawyer


Even though the dangers of talking on a phone or texting while driving are well-known, many people continue to risk the safety of those on the road around them. If you or a member of your family have been injured by a distracted driver, contact our Rolling Meadows personal injury attorney today by calling 847-934-6000 to schedule a free 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.nsc.org/road-safety/tools-resources/infographics/great-multitasking-lie
https://www.nhtsa.gov/risky-driving/distracted-driving

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.


Recent Posts


Tags

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

Archive