DGAA bLAWg

Considering a Personal Injury Lawsuit? Follow These Helpful Tips

Web Admin - Tuesday, November 06, 2018
Rolling Meadows personal injury attorneyIf someone in your family has suffered severe injuries and financial hardship as a result of someone else’s negligence, you are probably wondering if you should file a personal injury lawsuit to recover compensation for your losses. 

Yet, like many people, you may hesitate to contact a personal injury lawyer about your situation for reasons such as:

- You believe the insurance company should handle everything.

- You feel intimidated by the legal system.

- You can see yourself in the other person’s shoes, and you do not want to cause problems for them.

- You do not have the energy to deal with a lawsuit while you are in the midst of dealing with serious medical and financial issues. 

If you find yourself in this situation, here are some helpful things to know: 

1. You Have to Act Quickly to Protect Your Family for the Long-Term


In the aftermath of a serious injury, you may feel like you have more important things to do than find a lawyer. However, there are two reasons why you might need to put a personal injury lawsuit at the top of your priority list right now. First, while insurance may cover your immediate medical costs, you have to consider both the long-term costs of caring for the injured person and the loss of income that will be suffered by both the injured person and any caregivers. 

Second, each state has a statute of limitations for personal injury lawsuits. Your lawsuit usually must be filed in the state where the injury occurred, not the state where you live. For most personal injury cases in Illinois, you must file your lawsuit within two years of the incident that caused the injury (735 ILCS 5/13-202).

2. It Will Be Easier If You Prepare Before You Call 


Before you contact an attorney, write down a summary of your case, including:

- The cause of injury, such as a car crash or dog bite. Be prepared to provide additional details that demonstrate the other person’s negligence, such as police reports indicating the other person was drunk driving or that the dog had bitten people before.

- The date and location of the incident. 

- The type of injuries, such as cuts, broken bones, paralysis, brain damage, etc. 

- Whether full recovery is expected, or whether there is some type of permanent damage such as loss of mobility, mental or psychological damage, or chronic pain.

- How long the injured person was unable to work as a result of the incident, and whether they will have long-term income loss and/or incremental healthcare expenses as a result of their injuries.

Once you have these basic facts on paper, you will feel more confident and ready to make that first call to an attorney.
 

Consult a Rolling Meadows Personal Injury Attorney 


If you are wondering whether you should file a personal injury lawsuit, consult an experienced Palatine personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will determine the best legal strategy for your case and fight aggressively to see that you are compensated for your loss. Contact us at 847-934-6000 to schedule a no-cost, no obligation 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/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=99900000&SeqEnd=103300000

Safety Tips to Reduce the Chances of Motorcycle Accident Injuries

Web Admin - Monday, June 04, 2018
Rolling Meadows motorcycle accident lawyerAs summer approaches in Illinois, more and more motorcyclists are enjoying the warm weather and spending time on the road. However, the increased number of motorcycles on the road means that motorcycle accidents are more likely. 

Motorcycle drivers and their passengers are much more likely to be injured in a collision than those who are driving or riding in vehicles. In fact, the National Safety Council has reported that while only 3% of registered vehicles in the United States are motorcycles, motorcyclists make up 13% of all traffic fatalities. In addition, the National Highway Traffic Safety Administration has reported that motorcyclist fatalities occur 27 times more often than fatalities in other motor vehicles.

Since motorcyclists do not have the safety features and protections provided by a car or truck, they should take extra care to protect themselves and take precautions to avoid accidents. Here are some safety tips that all cyclists should follow:

- Wear a helmet - Helmets are not required for adult motorcyclists in Illinois, but wearing one is strongly recommended, since it can greatly reduce the chances of head injuries. In fact, cyclists who wear helmets are three times more likely to survive head injuries experienced in a collision. Helmets should be approved by the U.S. Department of Transportation, and they should be securely fastened while riding.

- Use proper eye protection - Goggles can protect cyclists’ eyes while riding, but a full face shield offers more protection from insects, dirt, rain, or other elements that can cause pain and distraction. Goggles or face shields should be shatter-resistant and free of scratches while providing a clear field of vision, and they should be fastened securely so they do not come off while riding.

- Wear proper clothing - Cyclists should wear clothes that fully cover their arms and legs. This provides protection from weather and the moving parts of a motorcycle, and it can also provide protection in a crash. Wearing brightly colored or reflective clothing can help ensure that a cyclist will be seen by other drivers on the road.

- Drive defensively - Many motorcycle accidents occur because drivers do not see motorcycles around their vehicles. Cyclists should take extra care to ensure that they do not drive in other cars’ blind spots or follow vehicles too closely, and they should always follow the rules of the road.

- Never drink and drive - Alcohol impairment makes it unsafe for a driver to operate any vehicle, but the loss of coordination and reaction time can be especially dangerous for motorcyclists. Even if a cyclist is not above the legal blood alcohol limit of .08%, it is best to avoid operating a motorcycle after drinking any amount of alcohol or using drugs that can impair one’s driving ability.


Contact a Palatine Motorcycle Accident Attorney

Motorcyclists are much more likely to be injured in a collision than other drivers, and when an accident is caused by a person’s negligence, a cyclist may be able to pursue compensation for their injuries. If you have been injured in a motorcycle accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you obtain the compensation you deserve. Contact a Schaumburg personal injury lawyer today at 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.nsc.org/road-safety/safety-topics/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x140.pdf

Pursuing Compensation in Cases of Wrongful Death

Web Admin - Friday, May 11, 2018
Mount Prospect wrongful death lawyerThe death of a loved one is devastating for a family. In addition to the grief that family members experience, they will often struggle with financial difficulties, especially when the deceased person is a family’s primary income earner. These issues become even more difficult when the death could have been prevented or occurred because of someone’s negligent or careless actions. When family members are working to put their lives back together after a tragic loss, they should be sure to understand their options for pursuing compensation through a wrongful death lawsuit.

Illinois Wrongful Death Laws

According to Illinois law, wrongful death occurs when a person’s death is caused by someone’s wrongful or negligent acts. Acts are considered negligent if the victim could have pursued a personal injury lawsuit against the liable party or parties had they not died. A liable party may be an individual person or a company or corporation.

A personal representative of the deceased person may file a wrongful death lawsuit on behalf of the person’s surviving family members, and damages recovered are for the “exclusive benefit” of those survivors. Wrongful death cases have a two year statute of limitations in Illinois (that is, a lawsuit must be filed within two years of the date of death), although this statute of limitations is extended to five years (or one year after the final disposition of a criminal case) if the death was caused by “violent intentional conduct” such as murder, voluntary or involuntary manslaughter, or reckless homicide.

Wrongful Death Damages

A wrongful death lawsuit can seek to recover damages from the party responsible for the death, and these damages may be economic or non-economic. Types of damages include:

  • - Medical expenses - A family may be compensated for the costs of hospitalization, surgery, or any other medical treatment the deceased person received before their death.
  • - Burial expenses - Compensation may include funeral costs and any expenses related to the disposition of the deceased person’s remains.
  • - Lost income - One of the primary types of economic damages families experience is the loss of the income earned by the deceased person, as well as any benefits they received. Wrongful death compensation can address these damages, providing a family with the financial means to meet their ongoing needs.
  • - Emotional damages - A family may be able to receive compensation for the grief and sorrow they experience because of the loss of their loved one.
  • - Loss of society - In addition to economic damages and emotional harm, a family will be deprived of their relationship with their deceased loved one, and they may be compensated for the loss of love and companionship, as well as the education, instruction, or services which the deceased person would have provided for their family.

Contact a Barrington Wrongful Death Lawyer

If your family member has died because of someone’s actions or negligence, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for filing a wrongful death lawsuit. We will work to help you receive the compensation you need to address your financial difficulties and emotional suffering. Contact an Inverness personal injury attorney 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:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

Most Frequent Causes of Traffic Accidents

Web Admin - Tuesday, June 21, 2016

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

Why Do Traffic Accidents Occur? 

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

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

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

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

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

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

Speak with a Skilled Personal Injury Lawyer in Illinois Today

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

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

    Ken Apicella

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


Sources:

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

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





Three Common Forms of Medical Malpractice

Web Admin - Friday, May 13, 2016

forms of medical malpractice, Illinois Medical Malpractice Lawyer One very unsettling aspect of going in for any sort of medical or dental care is the fear that in addition to being a patient, you might also become the victim of medical malpractice. 

The doctor, dentist, or other medical professional providing your care could be reckless and act negligently, which can end up causing you serious personal injuries. Any individual who has suffered injuries at the hands of a doctor, other medical professional, or hospital should consult with a medical malpractice attorney about his or her claim. 

Common Medical Malpractice Claims 

Medical malpractice can take a number of different forms, and can cause a variety of different harms to patients. The most common causes of medical malpractice claims arise from errors made during a procedure or negligence on the part of a doctor or care provider. Below are three common forms of medical malpractice of which patients should be aware. 

1. Incorrect, missed, or delayed diagnosis. It is critically important that patients’ conditions are identified early on so that the appropriate treatment can begin straight away. When a doctor makes an incorrect diagnosis, misses a diagnosis, or makes a diagnosis months or years later than he or she should have, the patient is the one who suffers. The condition could progress significantly because the doctor failed to make a timely or accurate diagnosis.  When it comes to incorrect, missed, or delayed diagnosis, a doctor’s negligence can be a basis for a medical malpractice lawsuit. 

2.  Anesthesia errors. One of the most important parts of any sort of operation or procedure is to ensure that a patient is properly anesthetized. Errors in the administration of anesthesia can result in a patient being given too much or too little anesthesia. Either scenario can create serious complications for the patient. The patient could be “out” but still able to feel pain. Or, the patient could be so anesthetized that his or her body spasms and has fits during a procedure, which can cause accidental injuries due to sharp surgical instruments. 

3. Surgical and operational errors. Errors that occur during a procedure can seriously impact a patient. The wrong procedure could be performed on the patient, or could be performed on the incorrect body part (e.g., left knee when the procedure should be conducted on the right). A cut could be too deep, a puncture could impact unintended organs or nerves, or instruments could be left inside a patient at the conclusion of the operation. Errors during surgery are usually the result of negligence on the part of the doctor, dentist, or support staff. 

No patient should ever have to suffer harm at the hands of those that he or she trusts to provide with medical care. Additionally, if patients are injured by their care providers, they are entitled to damages through a medical malpractice claim. If you have been a victim of medical malpractice, please feel free to contact one of our experienced Illinois medical malpractice attorneys today. Our firm helps patients in Schaumburg, Des Plaines, Rolling Meadows, Barrington, Arlington Heights, Crystal Lake, Buffalo Grove, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

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


Source:

http://articles.mercola.com/sites/articles/archive/2015/09/30/diagnostic-errors.aspx

Medication Errors Are a Form of Medical Malpractice

Web Admin - Monday, March 07, 2016

medication errors, medical malpractice, Illinois Medical Malpractice AttorneyWhen a person is injured as the result of being prescribed an incorrect drug, an incorrect dosage of a drug, or is given incorrect instructions for taking a medication by a doctor, health professional or pharmacist, this may constitute medical malpractice. Moreover, when a person is injured due to a medication error, the victim may be eligible to file a personal injury claim against the parties that are responsible for causing the medication error. 

Medication errors occur all too frequently and in a various settings. For instance:

- While at the hospital, a nurse may make a mistake and administer the wrong medication to a patient, or may administer a medication via an improper route (i.e., administering a drug intravenously when the drug should only be taken orally);

- A doctor may make a mistake on an individual’s prescription and prescribe a wrong drug with a name similar to the correct drug, or prescribe an incorrect dosage;

- A pharmacist may misread a prescription or may make a mistake when filling the prescription;

- In a nursing home, staff may mix up the medications prescribed to one nursing home resident with the medication prescribed to another nursing home resident; or

- In a nursing home, staff could mistakenly, or purposely, give a resident medication to control the elderly resident’s behavior. 

Several individuals are in a position to cause harm to a victim by mishandling medication. Pharmaceutical malpractice claims can be filed against doctors, medical staff, hospitals and pharmacies.

What Could Go Wrong?

When a doctor or medical professional makes a mistake concerning someone’s medication, the health consequences to the victim could be severe, or even life threatening. 

- Drug interactions: An individual might be prescribed a medication that can react poorly when mixed with certain other drugs. 

- Contraindications: Some drugs can exacerbate medical conditions or can cause serious health problems, leaving a victim injured, disabled, or even dead. 

- Side effects: A victim who is prescribed the wrong drug could suffer unpleasant or injurious side effects from taking a drug that he or she does not need.

- Too much or too little medication: Being prescribed too much or too little of a drug can have serious consequences on a person’s health. With too little medication, the individual may not receive the benefits of the drug that he or she needs. However, too much medication may result in the individual being harmed. Organs, such as the liver, kidneys, and heart can suffer when an individual is given too much of a powerful drug.

Medication Errors Are Often Preventable

Medication errors are often preventable and are typically the result of negligence. Studies conducted by the U.S. Food and Drug Administration have determined that most medication errors are the result of:

- Improper communication;

- Misinterpreted handwriting;

- Confusion about the name of a drug;

- Confusion over drug labeling, packaging or directions; and

- Lack of health care provider knowledge about the drug or its proper administration.

If you have suffered harm after being prescribed or administered the wrong drug, please speak with an experienced Illinois medical malpractice attorney today. Our firm serves the communities of the northwest suburbs, including Crystal Lake, Schaumburg, Palatine, Barrington, Long Grove, Arlington Heights, South Barrington, Riverwoods, and Des Plaines. 

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

Source:

http://www.fda.gov/Drugs/ResourcesForYou/Consumers/ucm143553.htm

Natural Gas Explosion Prevention and Liability

Web Admin - Friday, December 26, 2014

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

Preventing Gas Explosions

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

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

Gas Explosion Liability

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

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

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

Recovering in a Hit and Run Accident

Web Admin - Tuesday, April 22, 2014

illinois hit and run lawyerAfter a car accident, people have a variety of duties that the law requires them to fulfill. Among these duties is the requirement that the drivers stop and exchange insurance information. This allows the parties the opportunity to recover from the insurance companies for the damages once fault has been decided. However, some drivers ignore this duty and instead flee the scene of an accident. In fact, these hit and run drivers are responsible for over 1,000 deaths every year, according to statistics from the National Highway Traffic Safety Administration.

This trend of hit and run accidents is a particular problem because victims of these sorts of accidents can find it difficult to receive compensation from the driver who caused their injuries. Yet, such victims are not without recourse. People injured in hit and run accidents may be able to use a variety of resources to discover the identity of the other driver. Further, even if the other driver cannot be identified, the injured person may be able to file a claim with their own insurance company to help handle their medical costs and repairs.

Identifying the Driver

Hit and run accidents can be a chaotic experience, which makes it difficult for the victim to get any identifying information about the fleeing car. However, injured drivers do have some tools at their disposal. Oftentimes, there will be eyewitnesses on the scene who can help provide descriptions of the car or license plate numbers. Additionally, there may be video evidence of the accident from nearby traffic cameras that can help police determine the identity of the fleeing driver. Finally, some hit and run drivers experience remorse for leaving the scene. Drivers who flee the scene out of fear, especially those under the influence of alcohol at the time of the crash, have been known to turn themselves in to the police at a later date. All of these methods can help tie a person to the accident, and allow victims to receive full and fair compensation for their injuries.

Without an Identified Driver

In the event that the driver who perpetrated the hit and run cannot be identified, injured motorists may still have the ability to file a claim using their own insurance to receive help with their medical and repair bills. Many insurance policies include insurance for collisions with uninsured or underinsured motorists. These policies are mostly intended to come into use when the policyholder gets into an accident with someone without insurance or someone whose insurance will not cover all the damages. However, many of these policies count unidentified drivers as uninsured drivers, so it is possible that they would cover hit and run accidents.

If you or a loved one has been injured in a hit and run accident, contact a Palatine personal injury lawyer. Our team of experienced attorneys serves clients in towns like Deer Park, Inverness, and Des Plaines.

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

Pedestrian Traffic Accidents in Illinois

Web Admin - Thursday, March 13, 2014

illinois pedestrian accident attorneyWhile many traffic accidents can cause the victims serious injuries, accidents involving a car and a pedestrian can be particularly devastating. The pedestrian’s complete lack of protection can leave them especially vulnerable to injury. In fact, of the hundreds of pedestrian-vehicle accidents that happen each year in suburban Cook County, almost 25 percent of them result in fatal or incapacitating injuries, according to the Illinois Department of Transportation’s crash summary report. Pedestrians should be aware of the common causes and consequences of traffic accidents, as well as the legal ramifications of one, in order to keep themselves safe.

Causes and Consequences of Pedestrian Traffic Accidents

Traffic accidents involving pedestrians have a wide variety of different causes. One of the most common causes is simple carelessness on the part of the driver. Failing to stay alert for pedestrians at crosswalks and in the street can lead to serious accidents. Evening and night driving can also exacerbate these problems because the low light makes people more difficult to see. 

This is especially true for elderly drivers whose increased risk for vision problems already makes them more likely to be involved in car accidents. Violations of traffic laws are also common causes of pedestrian injury, especially driving under the influence and speeding. Accidents resulting from speeding can be particularly problematic because the higher speeds can cause more severe injuries to the unprotected pedestrian.

When these accidents do happen, the injuries that arise can be quite serious. Pedestrians can experience a range of injuries, including:

  • - Broken bones;

  • - Head trauma;

  • - Brain injuries;

  • - Paraplegia;

  • - Quadriplegia;

  • - Amputations;

  • - Disfigurements; and

  • - Injuries to the neck, back, and spinal cord.

The Legal Side of Pedestrian Traffic Accidents

These sorts of accidents can give rise to personal injury claims on the part of the pedestrian if they suffer a serious enough injury. The personal injury case will hinge on the legal concept of “negligence.” This means that the driver, or their insurance, will likely have to compensate the pedestrian for their injuries if the court finds that the driver acted negligently, meaning that they acted without reasonable care for the other people around them. This concept is also important when judging the pedestrian’s actions, because the pedestrian may have been negligent as well.

For instances in which both the pedestrian and the driver were negligent, Illinois judges fault based on “comparative negligence.” The doctrine of comparative negligence means that a person’s ability to recover for their injuries is reduced if they were also acting carelessly. For example, if a pedestrian is 20 percent responsible for their injuries, they would only be able to recover 80 percent of their costs. Furthermore, if a pedestrian is more than 50 percent responsible for their own injuries, they cannot recover at all.

If you have recently been involved in a pedestrian-automobile accident, contact an Illinois personal injury attorney in your area. We represent clients in matters like this in many northwest suburban towns, such as Crystal Lake, Des Plaines, and Arlington Heights.

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.

New Study Reveals High Amounts of Drug Use among Truck Drivers

Web Admin - Tuesday, November 26, 2013

By Ken Apicella

Truck drivers often experience difficult working conditions, such as long hours or strenuous physical demands. These conditions can lead to a temptation to abuse alcohol and other drugs while driving, which increases the likelihood of traffic accidents, endangering both themselves and others on the road.

Drug Use among Truck Drivers

A new study examined the prevalence of substance abuse in the worldwide trucking industry. The study used both self-reported surveys and data from drug tests to try to get the clearest picture possible. The results showed a disconcerting amount truckers using mind-altering substances on the job.  One of the sets of tests that the study examined showed a high rate of alcohol use among American truck drivers, showing that approximately one in every eight tests came back positive for alcohol.

The study also examined illegal drug use, most particularly marijuana, amphetamines, and cocaine. The study brought together survey data across the world that showed that 3 percent of truck drivers admit to using cocaine, 20 percent admit to using marijuana, and as many as 30 percent worldwide to using amphetamines while driving.

These drugs all cause different effects, and consequently are dangerous for different reasons. Some substances, like alcohol and marijuana, sedate users, causing drowsiness and decreased alertness. Conversely, drugs like cocaine and amphetamines are stimulants. While truckers often use them to stay awake on long trips, they can also alter reaction times and cause hallucinations.

Protecting Yourself

Drivers can take several steps to protect themselves, including maintaining an increased awareness of trucks on the road, and making proper signals when changing lanes or performing other maneuvers.

No one can truly ensure that they stay completely safe on the road. In the event that a driver does get injured in a trucking accident, they can benefit from the counsel and experience of an attorney who can help them recover both the medical and emotional costs of the accident.

If you or a loved one has been injured in a trucking accident, contact an Arlington Heights personal injury attorney today. We serve many northwest suburban areas including Crystal Lake, Chicago, Barrington, and other nearby communities.


Recent Posts


Tags

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

Archive