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The Dangers of Serious Injuries in Rollover Accidents

Web Admin - Wednesday, June 13, 2018
Schaumburg rollover accident attorneyAny type of motor vehicle crash is dangerous for drivers and passengers, but rollover accidents can be especially hazardous. In fact, while these accidents only make up 2.2% of all motor vehicle collisions, they account for nearly one third of the fatalities which occur in car accidents. In the 220,000 rollover accidents which occur in the United States each year, there are 9,000 deaths, 14,100 serious injuries, and 224,000 minor/moderate injuries. If you are involved in a rollover accident, it is important to understand your options for recovering compensation from the party or parties who were liable for your injuries.

Causes of Rollover Accident Injuries

Rollover accidents are particularly dangerous for the occupants of a vehicle, because standard safety systems such as seat belts and air bags may not provide sufficient protection from the type of damage which can occur. Injuries in rollover accidents are often caused by:

- Roof intrusion - When a vehicle’s roof is impacted, parts of the vehicle’s structure can impact a person’s body, or a person may be crushed, causing severe injuries such as broken bones, brain injuries, and internal bleeding can result.

- Uncontrolled movement - The violent motion of a rollover accident may cause drivers and passengers to be thrown about the inside of a vehicle, and they may collide with doors, windows, steering wheels, or other parts of a car. This can result in serious bodily damage, including back and neck injuries, sprained joints, or strained muscles.

- Complete ejection - A person may be thrown from a vehicle during a rollover accident, which can lead to severe head and spine injuries.

- Partial ejection - Parts of a person’s body may come in contact with surfaces outside the vehicle, and they may be crushed between the car and the road or ground. This can lead to severe limb injuries that may require amputation.


Rollover accidents can occur for a variety of reasons, but they are more common in larger vehicles such as SUVs and trucks than in passenger cars. Drinking and driving, driving with a large number of passengers, and driving at excessive speeds are often factors in these types of crashes.

Contact a Rolling Meadows Rollover Accident Lawyer

If you have been injured in a rollover accident, you should contact a Barrington personal injury attorney as soon as possible to determine your options for recovering compensation for your injuries. Multiple parties may be liable for your injuries, including the driver of the vehicle that rolled over, other negligent drivers, manufacturers of defective auto parts that caused the crash, or a city or state government which did not maintain safe road conditions. Call our office 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.ncbi.nlm.nih.gov/pmc/articles/PMC4160669/
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/810741

Bars May Be Held Liable for Injuries Caused By Drunk Drivers

Web Admin - Friday, June 01, 2018
Palatine personal injury lawyer dram shop liabilityCar accidents can be devastating, especially when they are caused by a drunk driver. These drivers’ carelessness and lack of concern for people’s safety can lead to serious, debilitating injuries or even death. When a person is injured or killed because of a driver’s negligence, they may be able to seek compensation for their damages through a personal injury lawsuit. In addition to the negligent driver, other parties may be liable for the injuries caused, including the establishment that sold a driver the alcohol that led to their drunk driving.

Illinois Dram Shop Laws

Under Illinois law, victims who have been injured by a drunk driver may pursue damages from a bar, restaurant, nightclub, or liquor store that sold alcohol to the driver. Typically, the injured party must show that alcohol was provided to the driver by the establishment, this alcohol directly led to the driver’s intoxication, and the injuries suffered by the victim were caused as a result of this intoxication.

Illinois law provides limits for the damages which can be recovered in a dram shop lawsuit, and these limits are updated each year. As of January 20, 2018, these limits are:

- Personal injuries and property damage: $68,777.44 - This covers the costs of medical treatment and other expenses related to a person’s injuries, as well as any damage to their vehicle or other property which occurred in the accident.

- Loss of support or loss of society: $84,061.32 - Loss of support refers to the loss a family suffers because a victim is unable to provide financial support after being injured or killed in an accident. Loss of society refers to impairment to family relationships that occur when a person is injured or killed, including the love, affection, and companionship that the person would have provided to their family. Victims may seek compensation for either loss of support or loss of society, but not both.


Dram shop lawsuits have a statute of limitations of one year, which means that a lawsuit must be brought within one year after the accident or injury occurred.

Contact an Arlington Heights Dram Shop Liability Attorney

Bars, restaurants, and nightclubs have a responsibility to make sure that their patrons are acting safely, and if they do not take steps to prevent drunk driving, they may be held liable for the injuries that occur as a result. If you have been injured in a drunk driving accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from the drunk driver and anyone else who was responsible. Contact a Crystal Lake personal injury lawyer at 847-934-6000 to schedule your personalized consultation today.

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/fulltext.asp?DocName=023500050K6-21
https://illinoiscomptroller.gov/agencies/resource-library/statutorily-required/dram-shop-liability-limits-2005-2018/
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/150.00.pdf

Distracted Driving Leads to Increased Risk of Car Accidents

Web Admin - Tuesday, March 06, 2018
Arlington Heights distracted driving accident lawyerThe dangers of distracted driving are well-known in the United States, but even though many states have passed laws against texting or using a cell phone while driving, people across the country continue to put themselves and others at risk. The statistics are sobering; in 2016, 3,450 people were killed in car accidents involving distracted driving, making a total of 9.2% of all car crash fatalities. Every day, at least eight people are killed and more than 1,000 people are injured in these types of accidents. Yet despite the obvious danger of distracted driving, studies have shown that approximately 660,000 people use cell phones or electronic devices while driving on a daily basis.

The Risks of Distracted Driving

Modern cell phones are powerful computers that provide their users with the ability to easily look up information and communicate with others, and the ease of using these devices makes it tempting for people to do so while they are behind the wheel. While some people may believe that they are able to multitask and use a cell phone or complete other activities while driving, these types of distractions cause extreme danger to everyone who uses the road.

Use of electronic devices while driving is especially dangerous because it causes three separate types of distractions:

  1. 1. Visual distractions, in which drivers take their eyes off the road and are not aware of what is happening around their car.
  2. 2. Manual distractions, in which drivers take their hands off the steering wheel and are not in full control of their vehicle.
  3. 3. Cognitive distractions, in which drivers take their attention off their surroundings and are unable to quickly react to changing traffic conditions or hazards.

If a driver is traveling at 55 miles per hour, and they take their attention off the road for five seconds to read or send a text message, this is the equivalent of driving the length of a football field with their eyes closed. 

Keeping one’s full attention on the road is incredibly important, but many drivers fail to do so. Distracted driving extends beyond the use of electronic devices; many drivers are distracted by adjusting their radio or environmental controls, eating and drinking, grooming, or communicating with passengers.

Contact a Schaumburg Distracted Driving Car Accident Attorney

Drivers who use cell phones or otherwise take their attention off the road while driving put themselves and everyone around them in danger. If you or a family member have been injured in a car accident that was caused by distracted driving, the skilled attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you recover the compensation you deserve for the damages you have suffered. Contact our Barrington personal injury attorneys 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.fcc.gov/consumers/guides/dangers-texting-while-driving
https://www.cdc.gov/motorvehiclesafety/distracted_driving/
https://www.ghsa.org/issues/distracted-driving

The Dangers of Hands Free Cell Phone Use While Driving

Web Admin - Friday, November 28, 2014

hands free device danger, Illinois personal injury lawyerEveryone knows they should avoid texting and driving. Focusing on a smartphone screen rather than the road is a recipe for disaster, and may lead to serious accidents. This common sense principle has led Illinois to pass a law forcing drivers to only use hands free devices when they are driving. However, even though hands free cell phone use lets people keep their eyes on the road, it still does not entirely remove the distraction of speaking on the phone. Additionally, the use of hands free technology may also bring a curious piece of human psychology known as the Peltzman effect into play.

Hands Free Device Statistics

Hands free driving seems like it should make people safer, but some studies show it may actually pose even more risks. Either way, the statistics show that it can still be dangerous. For instance, even though only nine percent of drivers are using phones at any given time, these drivers are involved in 26 percent of all crashes. This is because 90 percent of crashes involve driver error rather than the environment or mechanical failures.

A lot of the problems caused by phones are a function of how the brain processes information. Although many people believe they are capable of multitasking, that is actually an illusion. The brain cannot actually perform multiple tasks at one time. Instead, the brain switches rapidly back and forth between the two tasks, but it does not do it perfectly. This means that the brain's visual processing can be reduced by up to 33 percent while on the phone. This can lead to people missing half of everything going on around them while they talk. However, that failure to multitask is not the only human mental quirk that affects this scenario.

The Peltzman Effect

People using hands free technology may also be falling victim to what economists refer to as the Peltzman effect. The Peltzman effect, which was originally identified by its namesake in the 70s, relates to the fact that people generally have a reasonably constant amount of risk they are willing to take. This can result in regulations that are designed to keep people safe actually having a diminished effect because people are then more willing to take other risks. For instance, people may feel safer when using hands free technology, so they may be more willing to drive faster or pay less attention to the road. Importantly, economists still debate how much extra risk the Peltzman effect actually encourages people to take. Although numerous studies have found evidence of its existence, the magnitude of its impact varies greatly between each study.

Distracted driving is dangerous, regardless of the distraction. If you have recently been injured by the carelessness of a distracted driver, contact a Crystal Lake personal injury attorney today. Our firm helps injured victims across the northwest suburbs in towns like Palatine, Schaumburg, Des Plaines, Rolling Meadows, Arlington Heights, Buffalo Grove, 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.

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.

Motorcycle Crashes in Illinois: How to Stay Safe and What to If You Can’t

Web Admin - Wednesday, November 13, 2013

Motorcycle crashes represent a particularly dangerous brand of traffic accident, often with far more serious injuries than a typical car wreck. A report issued by the Illinois Department of Transportation stated that, even though motorcycle accidents made up only 1.6 percent of total crashes in Illinois, the proportion of the total crashes that involved a fatality shoots up to 16.7 percent. With accidents that are so often so dangerous, riders should know what steps they can take to keep safe, as well what they should do in the unfortunate event that they end up involved in a serious accident.

How to Drive Safe

As with all motor vehicles, following the rules of the road, and practicing defensive driving are key to a safe, enjoyable ride. However, Illinois law places restrictions on riders beyond those of a normal car. Illinois law requires:

  • • The use of the bike’s headlights at all times, regardless of weather conditions or light levels;
  • • Motorcyclists to refrain from lane splitting, or driving between two lanes of traffic;
  • • Proper seats and footrests if the motorcycle is carrying a passenger;
  • • Insurance coverage similar to that required of automobiles.

  • Riders can also take further steps to ensure that they stay safe. Helmets, while not required by law in Illinois, can decrease the likelihood or severity of head trauma, a common cause of death in motorcycle accidents. Additionally, regular bike maintenance can decrease incidence of equipment failure mid-ride, which makes getting into an accident less likely.

    What to do After an Accident

    The steps to take after a motorcycle accident very much resemble those taken after a car crash:

    1. 1. Check on everyone involved in the crash to see if anyone needs immediate medical attention.
    2. 2. Call 9-1-1, to inform them of the accident; do this even if no one has been seriously hurt, since you should still report the accident to the police.
    3. 3. Collect as much contact information as you can from the other people involved in the crash, especially a phone number, license plate number, driver’s license number, and insurance information
    4. 4. Document the scene of the accident. If you have a camera or a camera-phone handy, get pictures of the scene, as well as the individual vehicles involved. If you don’t have a camera available, try to take some pictures of the damage to your bike once you get home.
    5. 5. After you have spoken with the police and made your report, contact your insurance company to report the accident. They may ask you for an interview to provide them with the details of the accident. Make sure not to provide this information without first consulting with an attorney.

    If you have recently been injured in a motorcycle accident, contact an experienced Schaumburg personal injury attorney today. Call 847-934-6000 to speak to a member our team today. We serve the northwest suburbs of Chicago including Rolling Meadows, Arlington Heights, Buffalo Grove, and other nearby communities.



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