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Avoid Bicycle Accidents With These Bicycle Safety Tips

Bicycle AccidentHow To Avoid Bicycle Accidents

Bike riding is an exciting and exhilarating way to remain fit, not to mention eco-friendly. However, if you prefer to ride yours everywhere, bear in mind that you are exposed to more than just the elements. Each year, about 2% of motor vehicle crashes that result in death involve bicyclists.

Top Bicycle Safety Tips

Don’t become part of that statistic! Here are some bicycle safety tips that can make this beloved hobby safer for you whether you are in traffic or in the park:

Choose the Right Sized Bike

Make sure that your bike is neither too big nor too small for you. In either case, it will limit your ability to handle and control it which can lead to an accident. Check out the manufacturer’s sizing chart to determine the correct size for yourself according to your height.

Choose a Well-Fitting Helmet

Get a helmet that is new and fits you perfectly. The rim should sit level on your head and should be about two-finger width above your eyebrows, not right on top of them. Plus, the straps should fit snugly under your ears in a V formation. When buckled, it should be loose enough to allow two fingers underneath to prevent you from choking.

Never Head out Empty-Handed

make sure that you always have your cell phone, your ID, and some money with you when you head out. Bicycle accidents are unpredictable and will almost always catch you unawares. Your ID will also let emergency responders know who you are in case you are incapacitated. Additionally, you can call 911 or your family quickly to come to your aid. Plus, if you need a ride because of a busted tire, you will have the money to call an Uber or catch the bus.

If you are caught in an accident while you are on your bike and the driver of the car was at fault, he/she is liable for damages. However, if their insurance company refuses to pay for your medical costs and property damage or tries to reduce your claim, you need experienced bicycle accident lawyers from the Law Offices of Robert T. Edens in your corner.

Personal Injury Attorney

Insurance companies are notorious for placing blame on victims and cyclists at the top of their list. We can ensure you get the max compensation you deserve. Get in touch with us for a free consultation in our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL.

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I Was Involved In A Trucking Accident – Do I Sue The Trucker Or The Trucking Company?

Trucking AccidentWhat To Do If You Are Involved In A Trucking Accident

While a car accident can result in serious injuries, a trucking accident almost always proves fatal. Unlike cars, trucks such as 18-wheelers are larger in size and move with more power due to the freight and cargo they carry. A regular car stands no chance against that sheer power, especially if it is coming at it at full speed. Large trucks take longer to come to a complete stop, after all. With drivers who are sleep deprived and sometimes untrained, it is little wonder why the number of truck-related deaths keeps increasing every year.

Is the Driver or the Company at Fault for the Trucking Accident?

If you ask an experienced personal injury lawyer, you should always look at both the driver of the truck and the company he/she works for. If the driver’s actions resulted in the accident, that means they weren’t trained well enough or were unqualified in which case the company will be liable for damages as a ‘respondent superior’. This can also be the case if the accident was caused due to mechanical negligence, i.e. if the company failed to maintain the truck.

Besides the truck driver and the trucking company, you can also sue the shipping company, the vehicle manufacturer (if a missing or loose component in the truck caused the accident), and the owner of the property whose negligence resulted in the accident. However, this will only be the case if the accident results in death.

What to Do if You are Caught In a Truck Accident

If you are able to, the first thing you should do is get your vehicle off the road and then call 911 to file a police report. Plus, document all of the vehicles and the scene of the accident and get the contact information of witnesses nearby. When you seek medical attention, make sure that you ask your doctor to examine you for late-onset conditions such as whiplash and concussion.

Personal Injury Attorney

Once all that is done, get in touch with a truck accident attorney as soon as possible. Trucking companies understand that accidents can cost them a lot of money and their insurance companies will send their best defense attorneys to limit losses. At this time, a qualified lawyer from the Law Offices of Robert T. Edens will prove invaluable. Get in touch with us for a consultation in our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL.

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Can I Get Workers’ Compensation For Contracting COVID At Work?

Workers' CompensationThe COVID-19 pandemic has forced more employees in their homes due to quarantine than businesses can handle. While granting worker’s compensation in these unprecedented times is tricky, professionals that deserve to be compensated are frontline and healthcare workers who are on the front lines trying to keep the pandemic at bay. COVID has caused record-high unemployment in Illinois, as well as most areas of the U.S.

Similar to other occupational illnesses, an employee has the right to seek workers’ comp benefits for medical treatment and lost wages related to the COVID-19 virus. If you wondering if you can receive workers’ compensation for COVID-19, the short answer is ‘yes,’ but only when certain criteria are met. Here’s what you need to know.

COVID-19 as an Occupational Disease or Illness

According to circumstances, the coronavirus pandemic can be considered as an occupational disease or illness because it is highly contagious and spreads quickly. Worker’s compensation covers occupational disease if it arises out of the course of employment. Since the disease spreads like wildfire, an infected super spreader can infect several others in his/her vicinity on the first contact.

A number of factors have to be met for this criterion to be effective. This includes the following:

  • It can be traced back to the place of employment to determine proximate cause.
  • There is a direct connection of the disease with the work conditions under which work is performed.
  • It does not originate from a hazard to which other workers would have been exposed if they were not in the workplace.
  • The disease manifestation was the result of a natural incident that cropped up at work or due to exposure caused by the nature of the employment.

In other words, if there is a direct connection between your work duties and COVID-19 exposure, you are eligible for worker’s compensation. However, this only applies to health care professionals or first responders who naturally have higher chances of contracting the disease in the course of their work.

Your Attorney Should Be Moving Forward With Your Case

If you are concerned court is not taking place due to COVID, it still is – just not in-person. The vast majority of court cases are proceeding forward via Zoom or other platforms. COVID-19 should not be a reason to delay filing your workers’ compensation case.

HB 2455

This is not just hearsay. June 5, 2020, Illinois Governor, JB Pritzker signed HB 2455 into law, allowing worker’s compensation coverage for this sector of the workforce. By putting this law into practice, Illinois effectively became the latest state to allow a presumption of the coverage that specifically covers COVID-19. Besides the state, Kentucky, Alaska, Arkansas, Missouri, Michigan, California, and other states had signed similar laws into practice.

 

Personal Injury Attorney

If you are a frontline or healthcare worker and your employer refuses to provide or withhold workers’ compensation from you, you need a workers’ compensation lawyer in your corner because you have the right to file for workers’ compensation benefits. Get in touch with an employment law attorney who specializes in such cases at the Law Offices of Robert T. Edens today. You can reach us at our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL. See more on our Illinois Workers’ Compensation FAQs page.

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Why You Should Always Use an Attorney to Dispute Insurance Claims

Insurance Claim DisputesInsurance claims aren’t guaranteed to go your way. Contrary to popular belief, just because you pay your insurance premiums, doesn’t mean your insurance company will accept your claim. Often, they will try to gather evidence and make allegations that can help them deny it.

Top Benefits of Hiring an Attorney for Insurance Claim Disputes

Insurance claim disputes can get ugly, even if the insurance company is in the wrong. Here are just some reasons why you should always use an attorney to dispute those claims.

Small Injuries Can Worsen with Time

If your injuries get worse with time and you already accepted a settlement offer, there is nothing you can do to dispute it. By giving your consent, you automatically void all future claims pertaining to the accident.

However, if you hire an attorney beforehand, they will advise you to wait until you are aware of the full extent of your injuries and then make a claim when the time is right.

The Opposing Side Will Have Legal Representation

Do you really think you have the skills and experience to go up against a trained and professional attorney the insurance company hires? They work with them every day and are intimately familiar with strategies that can derail your insurance claim disputes.

By hiring an equally skilled attorney, you can show them you are equally serious about recovering maximum compensation. It will also increase your chances of success – especially if you hire one that has a successful track record with such cases.

When You Should Contact an Insurance Claims Dispute Attorney

Whether you have a lot or little to lose because of an insurance claim dispute, you should have an attorney in your corner. Some of the main cases which merit the presence and aid of an attorney include:

  • Claims in which fault is difficult to establish.
  • Claims that are expensive or complex.
  • Claims in which the adjusters don’t agree with you.
  • Large claims such as water damage, fire damage, etc.

Personal Injury Attorney

If you or anyone you know have faced an adjuster and been denied compensation for a personal injury, it isn’t because the insurance company cannot pay. They just don’t want to pay because they prioritize profits over people. Get in touch with an attorney at the Law Offices of Robert T. Edens for a free legal consultation regarding your options. We can even come to you if you want whether you live in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois.

 

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Why It Pays to Retain a Workers’ Comp Attorney in Illinois

Workers Comp IllinoisA job-related injury can result in loss of limbs, senses, strength, and mobility. You cannot resume your duties until you fully heal. However, if your boss refuses to compensate, according to the Illinois Workers’ Compensation Act, you have the right to sue him. Here are just some reasons why you should retain an Illinois workers’ comp attorney for your case.

To Level the Playing Field

When you face an adjuster, you may not be fully aware of your rights, and the adjuster knows this. For example, if you are told a back injury does not qualify because you had a pre-existing condition or are sent to independent medical practitioners for ‘checkups,’ you can unknowingly damage your case.

An experienced attorney will make sure your rights are protected and you are treated fairly by the insurance company. They know the language and the information used in the Act like the back of their hand.

Resolve Complex Issues

Most people hire an attorney when their case gets complicated – and that’s a mistake. This can be anything from their benefits being cut off to a denial of medical needs. These issues can be resolved, but they require complex procedures, which include a hearing at the Workers’ Compensation Commission, which must be backed with medical evidence.

The case must be on file for that to happen – something attorneys can do after they acquire your medical records. If you are cut off from benefits, the process can take quite long to finish, unless you hire a lawyer. That’s because they can resolve issues as they crop up and act quickly in your best interests. Do you really want to take that chance?

However, if you hire an attorney only after you face issues, they will not be in the best position to help you right away. The time to act is now when you need legal aid the most.

This is where the Law Offices of Robert T. Edens can prove invaluable. We have been fighting for the rights of injured employees for close to two decades and have a successful track record to show for it. Hire our Illinois workers comp attorneys to handle your workers’ compensation claim before it is too late. Get in touch with us whether you reside in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois.

See more on our Illinois Workers’ Compensation FAQs page.

 

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Reasons to Consult an Attorney after Auto Accidents

Auto Accident AttorneyYou cannot control the actions of a careless or out-of-control motorist. However, with the help of a competent auto accident attorney, you can control your life, post-accident. That is where your road to recovery starts. An attorney will ensure your rights are protected and your burdens are lifted by making sure you get the compensation you need and deserve from the opposing party.

How an Auto Accident Attorney Can Help

Here are just some ways an attorney can prove invaluable for you after a car accident.

Skillfully Negotiating on Your Behalf

Accident attorneys are skillful negotiators who work to create a fair and quick settlement for their clients for accident claims. If the opposition is uncooperative when it comes to coming to a reasonable settlement, your attorney can take your case to court. Whether you are injured because of a car, truck, or bicycle accident, you can breathe easy knowing an attorney will get you the best settlement possible.

Add a Personal Touch

A skillful auto accident attorney will get to know your story from your perspective and will also keep you fully informed about the progress. Make sure you hire one who gives you their undivided attention. That way, you will have complete peace of mind knowing your needs are not being ignored.

Go to Trial on Your Behalf

Your injury attorney will take your case to trial if the opposing party is being uncooperative in determining a fair settlement. They will prove how the other driver was at fault – and if proven guilty, your attorney will make sure they give you the compensation you deserve and need. Besides paying for your medical bills, this can also include payment for property damage (for your car that was damaged in the accident).

However, most attorneys try to ensure a case is settled out of court and as amicably as possible. That’s because they know the tide can turn against you in court and you may not get the full compensation you deserve.

No need to search for ‘personal injury attorney near me.’ Just visit us at the Law Firm of Robert T. Edens for a consultation today. We have been fighting for the rights of car accident victims for more than two decades and counting. You can reach us whether you live in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois. We will have the best in our team on your case.

 

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What You Need to Know About Drugged Driving Laws in Illinois

Car Accident AttorneyIllinois has some of the strictest drugged driving laws in the U.S. If you are charged with driving under the influence of a drug or a combination of substances that compromise your driving skills, you can be charged. In fact, if there is any substance, compound, or drug in your urine, blood, or breath due to cannabis consumption, you will be charged.

The state’s zero-tolerance policy on drugged driving means if an officer has a reasonable suspicion you are under the influence of drugs, you will be arrested. In fact, even if there is no physical evidence on your in your vehicle or drugs, you can still be taken into custody.

Prohibited Drugs

Drugs that are prohibited include cannabis or meth irrespective of the amount that is found in your system. In Illinois, besides alcohol, marijuana is the drug that is used most often before the intoxicated driver gets behind the wheel.

Even though drivers can use prescribed drugs before they get behind the wheel, if they are intoxicated and cause an accident due to their impairment, they are held accountable and charged with a DUI. If he/she refuses to take a drug alcohol test, their refusal can be admitted into the evidence during their trial.

Penalties for Driving Under the Influence Of Drugs

If a driver is found guilty of driving under the influence of drugs, they can:

  • Lose their license.
  • Face a jail term.
  • Have a permanent criminal record.
  • Be ordered to pay hefty fines.
  • Be ordered to complete a substance abuse treatment program.
  • Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

If you are the unfortunate victim of such a driver, you have way more to lose in comparison. Depending on the extent of your car accident injuries, you can lose your job, remain bedridden for the rest of your life, and may lose loved ones who suffered from injuries with you. Plus, why should you be burdened with medical bills which you would never have been faced with if not for the accident?

Personal Injury Attorney

If the driver of the other car is at fault and refuses to cooperate when it comes to compensation, get in touch with an attorney at the Law Offices of Robert T. Edens. We have more than 20 years of experience fighting for the rights of accident victims such as yourself in Chicago, Waukegan, Woodstock, Libertyville, and Antioch.

 

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When Is A Store Owner Liable For A Customer’s Injuries?

Premise Liability AttorneyRisk of Liability for Storeowners

Retailers are constantly at risk of liabilities most of which involve their customers. Generally, as property owners, they have a duty to ensure their property does not contain hazards. According to Illinois law, their customers are basically ‘invitees’ who are entitled to a reasonable amount of care while they are on said property.

So yes, if a customer is injured on their property, retailers can be held liable for damages. This can include hazards they created knowingly or unknowingly, which they failed to eliminate in a timely manner.

The Importance of Premise Liability

Areas, where customers should be safe from harm, include dressing rooms, parking lots, aisles, and restrooms. All these areas should be maintained on a regular basis to ensure they are free of hazards. If a retailer fails to do this and a customer gets injured because of his/her negligence, they can be sued.

This is called premise liability and the level of care that the retailer should have shown will depend on whether the injured party was:

An invitee – Someone who was invited onto the property for the benefit of the owner (such as customers).

A licensee – Someone who was allowed to enter the property to visit the owner for personal reasons.

A trespasser – Someone who entered the property without the consent of the owner. The property owner does not owe them a duty of reasonable care. 

The Case for Slip and Fall Accidents

The most common injuries in retail stores are usually the result of slip and fall accidents. The accident typically occurs when an individual slips on a foreign substance or because of a hazardous condition in-store. This can be from anything from spilled milk that was not cleaned up in a timely manner to broken tiles that the retailer did not replace in time. You can also sue for additional damages if the property owner did not place warning signs around such areas.

Personal Injury Attorney

If you slipped and fell in a retail store and suffered from injuries that could have been avoided, you have the right to claim compensation for your pain, suffering, and medical costs. The Law Offices of Robert T. Edens has over two decades of experience protecting the rights of accident victims such as yourself. Get in touch with us for an in-depth consultation today! Do not hesitate to reach out to us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.

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Slip and Fall Accidents in Winter Weather

Wisconsin Slip and Fall AttorneyIf you slip and fall in front of or on someone’s property during winter because they allowed snow and ice to accumulate, you may not be able to sue for damages. According to the law, property owners are not liable for allowing snow to accumulate on their driveway.

So, it stands to reason, they are not liable for anyone who slips and falls on said ice and snow. This also includes melted snow, which turns into puddles. It is also considered to be a natural accumulation, which property owners are not responsible to clean up.

(This has nothing to do with Illinois’s Snow Removal Service Liability Limitation Act. The act is meant for ice and snow removal companies, not property owners).

Safety Tips

In other words, if you don’t want to pay for your injuries out of pocket, you should consider the following safety tips when you are out walking in the cold:

  • Take short steps when you are walking on a slippery sidewalk.
  • Wear proper footwear that can prevent slips and falls. This includes heavy boots or spiked footwear. Slippers will not work.
  • When you enter or exit your car, make sure you have at least three (3) points of contact with equipment to stabilize yourself.
  • Keep an eye on the path in front of you and keep a lookout for potential risks.
  • Slow down at exits and entrances to buildings. These areas are often the slipperiest.
  • Try not to carry heavy items or keep your hands in your pockets. You will need both hands free if you start to slip. You will prioritize fall prevention rather than your goods.

A slip and fall accident can lead to serious injuries which can be paralyzing or worse. This includes fractures, torn ligaments, head injuries, leg injuries, and spinal injuries.

If you have suffered from these injuries in a store because the owner did not clean up a puddle or spilled products, you deserve compensation. Just get in touch with us at the Law Offices of Robert T. Edens for an in-depth consultation for your case and we will assign an experienced attorney to you.

Whether you suffered from a spine injury that has left you paralyzed or a fracture, you deserve to be compensated for your pain and suffering. We will thoroughly analyze all of the facts we have at our disposal and are not afraid to get aggressive if need be. You can reach us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.

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Can Rental Companies Be Held Liable For Accidents Involving Their Vehicles?

Rental Car Accident AttorneyDepending on the circumstances surrounding the accident, rental companies can be held liable for collisions that involve their vehicles. If the accident caused injuries or proved to be fatal, the compensation can be astronomical.

While rental companies are usually not held liable for this in Illinois (since the customers who use their vehicles are not employees), they can still be held responsible for unsafe practices. For example, a rental company can be held liable for a crash if the driver does not have a valid driver’s license. That’s because Illinois is an ‘at fault’ state.

Who is Responsible for Accident Coverage?

Generally, the person who caused the accident (or their insurance company) should provide compensation to cover the injuries and damages. So if you are driving a rental and another car speeds through a red light and crashes into you, the driver of the other car should pay up.

If they are driving a rental and chose insurance to pay you for damages, an extra insurance policy also comes into the picture. How it applies to your particular case depends on the facts mentioned in the insurance contract. For example, an accident involving a rental car may involve coverage from the following:

  • The credit card used to pay for the rental.
  • The driver’s vehicle insurance.
  • Your own car insurance provided you were not driving the rental.
  • By the rental company.

As mentioned before, your rental company can be held liable if they entrust a vehicle to a driver who does not have a valid driver’s license or has an expired or suspended one. This is understandable since you will have given the vehicle to an individual who may not be a good driver, is negligent or reckless in their driving. There is a reason why they don’t have a valid license after all.

Get An Experienced Car Accident Attorney!

So if you were involved in an accident with a rental car, you have the right to demand and receive damages for injuries and property damage. Get in touch with us at The Law Offices of Robert Edens for an experienced attorney today. From the time the accident occurred the insurance company for the at-fault driver will be working to reduce your claim. We can protect your rights and ensure they don’t get the better of you with aggressive representation. You can reach us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.