What to Potentially Expect with a Third DUI Charge

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In Illinois, a third DUI charge means facing prosecution for aggravated DUI, a Class 2 felony. If convicted, this triggers severe penalties, including mandatory jail time or extensive community service. Understanding the serious implications ahead for your rights, finances, driving privileges, and the personal record is essential as you navigate fighting aggravated DUI allegations. An Illinois DUI attorney can help navigate the steps as you move forward with this repeated charge.

Facing a Longer Jail Term

Aggravated DUI prosecution means courts can impose jail sentences of up to seven years upon conviction compared to 364 days previously. Judges must order a minimum incarceration of ten days or 480 hours of community service. For blood alcohol content (BAC) over .16, 90+ days in jail is mandatory. Be prepared for the disruptive reality of more extended incarceration hampering jobs, income, and families.

License Revocation

After two prior DUIs, the Illinois Secretary of State typically issues a 1-year suspension. Now, with a third charge, they will pursue revoking your driving privileges altogether for ten years upon conviction. This severely impacts daily life and commuting options across those years. Having no license can also interfere with job eligibility in many occupations. It is essential to try your best to seek lesser charges. While there is no guarantee, you can still try and see what charges you can get reduced.

Probation and Court Oversight

If you avoid maximum jail time, expect intense probation lasting multiple years with strict terms plus alcohol counseling, community service requirements, and fines potentially reaching $25,000 overall. Repeat DUIs show a lack of lesson learning in the courts’ eyes, so judges impose tighter control. This includes close monitoring of your movements and alcohol intake. Violating any complex probation component risks re-incarceration and further penalties.

Felony Record Impact

Aggravated DUI enters your history as a felony, which diminishes future opportunities extensively – from housing and jobs to qualifying for loans or immigration status. Certain licensed professions also prohibit licensing for felony offenders. This black mark stays on the public record permanently, limiting prospects for 10+ years or longer. Felony records also influence child custody rights, gun ownership, and volunteering eligibility.

Contact an Orland Park, IL, DUI Lawyer

Given the extreme consequences ahead with an aggravated DUI conviction, creating an aggressive defense alongside an experienced DUI attorney gives you the best odds. There are strategic options around challenging how BAC evidence was gathered, doubting the accuracy of results, or scrutinizing the arrest’s propriety. A Will County, IL, DUI attorney can help you identify grounds potentially invalidating allegations entirely or earning charge reductions. While there is no guarantee, you should not settle without exploring dismissal chances first. Call Fotopoulos Law Office at 708-942-8400 for a consultation.

Assault vs. Battery Charges in Illinois

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Many people use “assault” and “battery” interchangeably in everyday language. However, legally, these terms represent distinct violent crimes with crucial variations under Illinois law that carry harsh penalties if convicted. Understanding the contrasts between assault and battery allegations is vital for an effective defense. An Illinois attorney can analyze the case specifics to determine the best defensive strategies for your situation.

Defining Assault Allegations

Illinois statutes define assault as conduct intentionally or knowingly causing another person to fear imminent bodily harm or offensive physical contact reasonably—basically threats of violence. Charged assault crimes require prosecutors to show the defendant verbally uttered explicit warnings of violence or made objectively threatening physical gestures. However, unlike with battery counts below, no physical harm needs to occur for assault convictions, only perception of potential harm.

Assessing Context Around Alleged Threats

When defending assault accusations, examining the full situational context is essential. What exactly led to any concerning verbal threats or gestures to evaluate true intent? Were expressions clear warnings rather than harmless sarcasm or figures of speech? Did accusers demonstrate legitimate, reasonable fear versus exaggerated perceptions of endangerment? Examining the discrepancies helps combat charges lacking firm threat establishment.

Defining Battery Under Illinois Law

At its core, a battery in Illinois is not merely an act of aggression but a specific legal term with precise definitions. It means knowingly or intentionally causing tangible injury to another person. This is the most common understanding, often involving observable harm like bruises, cuts, or broken bones. However, the definition extends beyond visible wounds.

A battery can also occur through physical contact of an insulting or provoking nature. This category encompasses situations where no actual physical injury occurs, but the contact is offensive and unwanted. Examples might include spitting on someone, forcefully grabbing their arm in an aggressive manner, or pushing them in a way that is clearly meant to be demeaning, even if it doesn’t cause pain. The key here is the “insulting or provoking” nature, implying a deliberate intent to offend or instigate a reaction.

Furthermore, Illinois law defines battery as making bodily contact that the defendant reasonably should know the victim would find offensive. This broadens the scope to include actions where the perpetrator might not explicitly intend to insult or provoke, but a reasonable person would understand the contact to be unwelcome. Imagine someone playfully slapping another person on the back, but the recipient finds it highly offensive due to personal boundaries or a prior contentious relationship. If a reasonable person would anticipate such a reaction, it could still constitute battery.

It is vital to distinguish battery from assault in Illinois law. Battery requires proven violent acts with actual physical contact. This is the fundamental difference. Assault, on the other hand, is based solely on expressed threats or actions that place someone in reasonable apprehension of receiving a battery, even if no physical contact occurs. For example, verbally threatening to punch someone would be assault, but actually throwing the punch would be battery.

Common examples of charged battery cases frequently involve readily identifiable acts of force. Punching, kicking, shoving, and other uses of direct force causing clear victim injury or highly offensive touch are typical scenarios. The prosecution in these cases must establish not only the physical contact but also the “knowingly” or “intentionally” aspect, or that the defendant “reasonably should have known” the contact would be offensive. This often involves examining the defendant’s state of mind and the circumstances surrounding the incident.

The severity of a battery charge can vary significantly based on the degree of injury and the circumstances. Simple battery, a misdemeanor, might involve minor injuries or offensive contact. However, aggravated battery, a felony, involves more serious harm, the use of a deadly weapon, or battery committed against certain protected individuals (e.g., police officers, children, disabled persons).

Self-Protection: Defensive Actions in Illinois

While battery allegations inherently involve verified physicality, the law provides for situations where such physical actions may be legally justified. Assertions of self-defense or protection of others are common and potent defenses against battery charges in Illinois. These defenses acknowledge that individuals have a right to protect themselves and others from harm.

For a self-defense claim to be successful, several factors are critically evaluated. The first is the initial confrontation provocation. Who initiated the aggression? Was the defendant the aggressor, or were they responding to an unprovoked attack? The law generally does not allow an individual to instigate a fight and then claim self-defense. However, if the defendant was indeed the initial aggressor, they might still be able to claim self-defense if they attempted to withdraw from the conflict and the other party continued the aggression.

Another crucial element is the proportionality and necessity of the responsive force. The force used in self-defense must be proportionate to the threat faced. This means that an individual cannot use deadly force to counter a minor shove. The level of force employed must be reasonably necessary to repel the perceived danger. If someone is being verbally threatened, responding with a physical assault would likely be considered disproportionate. Conversely, if faced with a life-threatening attack, using force, including deadly force if necessary, to neutralize the threat could be justified.

Carefully evaluating documentation and accounts regarding the incident is paramount in substantiating legally permissible defense positions. This includes witness testimonies, video evidence, medical reports, and any other relevant information that can paint a clear picture of what transpired. The more compelling and consistent the evidence supporting the self-defense claim, the stronger the defense.

It’s important to remember that accusers retain the burden of proving clear injury infliction or offensive contact in a battery case. However, if the defendant can convincingly demonstrate that their actions were situationally warranted force applied strictly for protective reasons against initiator aggression, they may be exonerated from battery charges. This means that even if a battery occurred, the context of self-defense can transform an otherwise unlawful act into a legally permissible one.

Contact Orland Park, IL Criminal Defense Attorney Today

Facing assault or battery counts can lead to significant charges, depending on the specifics. Working with a Will County, IL, criminal defense lawyer can help ensure you are on track to provide the best defense legal strategies possible. Call Fotopoulos Law Office at 708-942-8400 for a free consultation. Let us get to work defending you.

Tips to Strengthen Your Personal Injury Case

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If you suffered harm in an Illinois accident caused by negligence, taking key steps early can significantly strengthen your case. An Illinois lawyer has strategies to build a solid case, establishing liability and maximizing recoverable damages.

Securing Vital Evidence of Fault Quickly

Acting rapidly to gather tangible proof of fault lays a strong foundation right away. Police reports contain officers’ initial liability assessments based on road evidence, eyewitness accounts, and party statements. However, police conclusions should not be solely relied upon. Attorneys will interview any witnesses while events are fresh, securing official recorded statements of what they saw, which often impact fault findings.

Reviewing available videos like traffic cameras, nearby security recordings, vehicle dash cams, or bystander cell phone footage can provide definitive visual evidence of fault. Investigators may be retained to comprehensively photograph accident scene evidence like skid marks before it disappears. Preservation letters advise owners of property or vehicles involved to maintain physical evidence in case litigation occurs. Thoroughly documenting the scene makes it difficult for defendants to deny liability later.

Diligently Seeking Medical Care and Treatment

Even injuries that seem minor initially require diligent medical care and record-keeping. Keep and organize records from all urgent care, hospital, specialist, physical therapy, chiropractic, and other visits to treat issues caused by the accident. Medical paperwork validates damages claims. Attend every prescribed appointment, test, or imaging scan to thoroughly diagnose conditions and spot hidden injuries that sometimes manifest over time.

Working With Reputable Expert Witnesses

For severe or legally complex cases, respected expert witnesses can significantly help a claim. Accident reconstruction experts scientifically analyze physical evidence to determine fault probability based on impact physics, skid marks, sight lines, and more. Their unbiased expertise lends authority when liability is disputed.

Medical experts examine records to confirm diagnoses, treatments, and expenses directly tied to the accident versus pre-existing conditions. This establishes actual damages owed. Economic experts calculate projected lost wages from disabilities and future medical costs and compute the lifetime impact of permanent injuries to validate total compensation amounts. Credible experts add legitimacy when cases reach litigation. Their insights make damages undeniable.

Contact an Orland Park, IL Personal Injury Attorney

With diligent execution of these steps, you can work with your Will County, IL personal injury lawyer to build a strong case. You deserve a fair chance at fighting for your rights. Call Fotopoulos Law Office at 708-942-8400 for a free consultation.

Your Rights During a DUI Traffic Stop in Illinois

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Being pulled over on suspicion of drunk driving can be an overwhelming and stressful experience. Knowing your legal rights during a DUI traffic stop is critical to protect yourself. Working with an Illinois lawyer can further help you.

Reasons for a Legal DUI Traffic Stop

Police have the authority to legally stop vehicles when they have reasonable suspicion of a traffic violation or observable signs of impaired driving that establish probable cause to investigate further. Officers do not need a warrant if they directly witness driving behaviors like swerving, delayed reactions, or speed changes that indicate potential intoxication behind the wheel.

Cooperating Respectfully While Invoking Rights

If stopped, you must comply with officer instructions for pulling over safely and presenting your driver’s license, registration, and proof of insurance when requested. However, cooperation does not mean admitting guilt or voluntarily discussing whether you have been drinking or other questions about your activities and destination. Both polite refusal to answer questions and respectfully invoking your rights is recommended.

Remaining Silent and Not Self-Incriminating

You always have the constitutional right to remain silent and not provide potentially self-incriminating statements against yourself per the 5th Amendment. Anything you say during a DUI traffic stop can be used as evidence of intoxication, so politely inform the officer you wish to remain silent after providing the required documents.

Refusing Field Sobriety Tests During a Stop

When a DUI is suspected in Illinois, officers typically conduct field sobriety tests like walking heel-to-toe in a straight line or standing on one leg. You legally have the right to refuse to complete this. While test refusal may have consequences like loss of driving privileges, poor performance on FSTs provides probable cause for arrest and solid evidence of impairment.

Consenting to a Breathalyzer Chemical Test

Illinois has implied consent laws, meaning you automatically provide consent to submitting to chemical BAC tests when driving with a license. However, you can still legally refuse a roadside preliminary breath test or evidentiary breathalyzer test during the stop. Refusal comes with a potential license suspension but eliminates breath sample evidence.

Video Recording Traffic Stop Encounters

Illinois law expressly allows motorists to video record traffic stops, as long as it does not physically obstruct officers conducting their duties. This video documentation can provide helpful evidence if charges are disputed.

Using knowledge of your rights politely yet firmly during a DUI stop can potentially influence the outcome of the incident in your favor. While cooperation with officers is wise, never admit guilt or voluntarily offer self-incriminating evidence.

Contact a Will County, IL DUI Attorney

Going through a DUI traffic stop and getting arrested or given a ticket can be devastating. Working with an Orland Park, IL DUI lawyer can help make sure all of your rights are met. Call Fotopoulos Law Office at 708-942-8400 for a free consultation.

Understanding Criminal Sexual Abuse in Illinois

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Criminal sexual abuse is a serious offense that deeply impacts the lives of those who suffer from such abuse. This is a crime that has severe legal consequences for perpetrators. In Illinois, the law defines and addresses various forms of sexual abuse, aiming to protect people from harm and provide justice to those who are sexually abused. If you are facing charges related to criminal sexual abuse, retaining an Illinois defense lawyer is a wise first step as you look to fight these charges and move on with your life.

Defining Criminal Sexual Abuse

Under Illinois law, criminal sexual abuse encompasses sexual acts committed against another person. The offense involves engaging in sexual conduct without a person’s consent or when a person is unable to give consent due to age, mental incapacity, or intoxication.

What Is the Legal Age of Sexual Consent in Illinois?

In Illinois, the legal age of sexual consent is 17 years old. This means that a person must be at least 17 years old to legally consent to any sexual activity. If an individual engages in sexual conduct with someone younger than 17, even if that younger person appears to consent, it is considered a sex crime under Illinois law.

The rationale behind age of consent laws is to protect minors from exploitation and to ensure that individuals are mature enough to make informed decisions about sexual conduct. Illinois law presumes that anyone under the age of 17 lacks this legal capacity to consent.

It’s important to understand that “consent” in this context is a legal term, not just a factual one. Even if both parties involved believe the activity is consensual, if one person is under 17, the act is still considered illegal. For example, an 18-year-old having sexual relations with a 16-year-old could face criminal charges, as the 16-year-old is below the legal age of consent.

There are also specific circumstances that can alter the age of consent or escalate the severity of charges:

Position of Authority

If an adult (18 or older) is in a position of authority or trust over a minor under 18 (such as a teacher, coach, or religious leader), any sexual acts are illegal, regardless of the minor’s age of consent.

Significant Age Differences and Young Victims

Illinois law imposes much harsher penalties for sexual offenses involving very young victims or significant age disparities. For instance, engaging in sexual conduct with a child under the age of 13 by someone 17 or older can lead to severe charges like predatory criminal sexual assault of a child.

“Romeo and Juliet” Laws (Close-in-Age Exemptions)

While some states have “Romeo and Juliet” laws that provide certain protections for consensual sexual activity between minors who are close in age, Illinois’s application of these is limited. Even if both individuals are under 17 and close in age, the conduct is still considered illegal. However, the penalties might be reduced in certain “criminal sexual abuse” scenarios if the age difference is less than five years and the victim is between 13 and 17.

Violations of Illinois’s age of consent laws can result in serious legal consequences, including felony charges, significant prison sentences, substantial fines, and mandatory lifetime sex offender registration. These laws are rigorously enforced to safeguard minors.

Forms of Criminal Sexual Abuse

Criminal sexual abuse in Illinois, a gravely serious offense, encompasses a range of non-consensual sexual acts and conduct that inflict profound physical and psychological harm upon victims.

In Illinois, the criminal code meticulously outlines various behaviors that fall under this umbrella, aiming to protect individuals from exploitation and uphold bodily autonomy. Understanding these specific forms of criminal sexual abuse is crucial for recognizing the gravity of such crimes and for supporting victims through the legal process.

Non-Consensual Sexual Penetration

One of the most severe forms of criminal sexual abuse is non-consensual sexual penetration. This act involves the unlawful insertion of a body part, such as a penis, finger, or tongue, or an object, into another person’s sex organ or anus without their explicit and affirmative consent. The absence of consent is the cornerstone of this offense. It is not about resistance or struggle; rather, it hinges entirely on whether the victim freely and voluntarily agreed to the act.

The law recognizes that consent cannot be coerced, implied, or assumed. Silence, passivity, or a lack of physical resistance does not equate to consent. Furthermore, if a person is unconscious, intoxicated to the point of incapacitation, or otherwise unable to give clear consent, any sexual penetration is inherently non-consensual and therefore criminal.

The focus remains squarely on the aggressor’s actions and their disregard for the victim’s bodily integrity and autonomy. The lasting trauma from such an act can be devastating, impacting a victim’s sense of safety, trust, and well-being for years to come.

Non-Consensual Sexual Conduct

Beyond penetration, the Illinois criminal code also identifies non-consensual sexual conduct as a form of criminal sexual abuse. This category is broader and encompasses any contact between the sex organs, anus, or breasts of the perpetrator and the victim without the victim’s consent. This can include, but is not limited to, touching, fondling, or rubbing. Similar to non-consensual sexual penetration, the critical element here is the lack of consent.

The law clearly states that any physical contact of a sexual nature, no matter how brief or seemingly minor, becomes a criminal act if it is not freely and willingly agreed upon by all parties involved. This provision acknowledges that unwanted sexual touching, even without penetration, is a violation of a person’s physical boundaries and can cause significant distress and emotional harm. It underscores the principle that every individual has the right to control who touches their body and in what manner. This form of abuse often leaves victims feeling violated, degraded, and deeply uncomfortable in their own skin.

Sexual Abuse of a Minor

The most egregious and unequivocally condemned form of criminal sexual abuse is the sexual abuse of a minor. In this category, the element of consent is entirely irrelevant due to the victim’s age.

The law recognizes that minors, by virtue of their developmental stage and inherent vulnerability, are incapable of giving legal consent to sexual activity. Therefore, any engaging in sexual conduct with a minor, regardless of whether the minor appears to “agree” or not, is unequivocally considered criminal sexual abuse.

This legal principle is rooted in the understanding that minors lack the maturity, judgment, and life experience to fully comprehend the implications and consequences of sexual acts. They are susceptible to manipulation, coercion, and exploitation, and the law acts as a paramount protector of their innocence and well-being.

The age of majority for sexual consent varies, but in Illinois, as in many jurisdictions, it is generally set at 17. Engaging in any form of sexual conduct with someone below this age carries severe penalties, reflecting society’s absolute condemnation of child sexual abuse. The long-term psychological and emotional scars inflicted upon child victims are profound, often requiring extensive therapy and support to navigate the trauma.

Legal Penalties

The penalties for criminal sexual abuse in Illinois depend on the specific circumstances of the offense. Factors such as the age of the person, the use of force or coercion, and the presence of aggravating factors can influence the severity of the charges. Generally, criminal sexual abuse is classified as a Class A misdemeanor, which can land you in prison for up to one year if you are convicted. However, if the offense involves a minor or aggravating factor, it can be elevated to a felony, carrying more severe penalties.

Seeking Legal Help

If you are facing criminal sexual abuse in Illinois, it is crucial to seek immediate legal representation. They will analyze the evidence, challenge the prosecution’s case, and work toward minimizing the potential consequences you may face. Criminal sexual abuse, especially against minors, is considered particularly vile and will thus be prosecuted aggressively. Without a lawyer, you are putting yourself in serious legal jeopardy.

Contact an Orland Park Criminal Defense Lawyer

For legal help fighting the sex crime charges you are facing, contact the skilled Will County, Illinois criminal defense attorney with Fotopoulos Law Office. Call 708-942-8400 for a free consultation.

Can Understaffing in Nursing Homes Lead to Elder Neglect?

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Nursing homes serve as critical care facilities for elderly individuals who require assistance with daily activities and medical care. However, when facilities are understaffed, the quality of care provided may be compromised, leading to potential cases of nursing home abuse and neglect. If you know a loved one experiencing abuse or neglect in a nursing home, contact an experienced Illinois injury lawyer to ensure that measures can be taken to stop the abuse and seek justice for the injured party.

The Impact of Understaffing

Understaffing in nursing homes can have a range of negative consequences, including:

  1. Inadequate supervision – Insufficient staff numbers can result in limited resident supervision, leading to neglect and abuse. Without proper oversight, residents may be left unattended for extended periods, increasing the risk of accidents, falls, or medical emergencies.
  2. Reduced personalized care – With fewer staff members available, providing individualized care to each resident becomes challenging. This can result in delays in administering medication, assistance with daily activities, or responding to specific needs, leading to physical and emotional distress for the residents.
  3. Increased workload and burnout – Understaffing burdens the remaining staff excessively, leading to increased stress and burnout. Overworked employees may become fatigued, compromising their ability to provide the level of care required. This can contribute to inadvertent neglect or substandard care.

The Link to Elder Neglect

Illinois law has clear protections against nursing home abuse and neglect. Unfortunately, however, cases can still arise. Neglect can manifest in various ways, including:

  • Basic needs neglect – Understaffed facilities may struggle to meet residents’ basic needs, such as proper nutrition, hydration, hygiene, and timely assistance with toileting. Failure to provide these necessities can lead to physical discomfort, infections, malnutrition, and dehydration.
  • Medical neglect – Inadequate staffing can result in delays or omissions in administering medications, monitoring vital signs, or addressing medical emergencies promptly. This may lead to worsened health conditions, complications, or even life-threatening situations.
  • Emotional neglect – The lack of staff can result in minimal interaction or social engagement with residents. This can lead to feelings of isolation, loneliness, and emotional distress, negatively impacting the mental well-being of older adults.

Contact an Orland Park Nursing Home Abuse and Neglect Lawyer

Ultimately, understaffing in nursing homes poses a significant risk of elder neglect, compromising the well-being and safety of vulnerable residents. The relationship between understaffing and neglect is evident, highlighting the importance of addressing this issue. If you have a loved one suffering, contact the experienced Will County nursing home abuse and neglect attorney with Fotopoulos Law Office. Call 708-942-8400 for a free consultation.

Exploring Illinois’ Workers’ Compensation Death Benefits

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In the blink of an eye, an accident can happen while you are at work. True, there are certain jobs in which accidents are more common, but a workplace accident can occur anywhere, regardless of where you work and who you work for. One of the most devastating outcomes of a workplace accident is the death of a loved one. Not only does this bring on grief and emotional pain, but it can also mean that you are now burdened by the worry of your family’s financial future. Fortunately, the Illinois Workers’ Compensation Commission offers death benefits to families whose loved ones die as a result of workplace accidents.

Eligible Family Members

If a worker is killed on the job, the worker’s primary beneficiaries are entitled to receive the survivor’s benefit. A primary beneficiary is considered to be the worker’s spouse and any children under the age of 18. If the worker did not have any primary beneficiaries, then the benefits can be paid to the worker’s totally dependent parents.

The remarriage of a surviving spouse does not negate any claim to survivor’s benefits for the worker’s children. If the children are eligible to receive the benefit when the spouse is remarried, they will continue to receive the benefit until they are no longer eligible. If there are no eligible children, the spouse is entitled to a lump sum that is equal to two years of compensation.

Calculating the Survivor’s Benefit

The survivor’s benefit will be calculated using the worker’s average weekly wage during the 52 weeks prior to the accident. Two-thirds of the worker’s average weekly wage will be paid to beneficiaries, though the amount of the benefit is subject to minimum and maximum amounts. As of May 13, the minimum benefit is $565.06 and the maximum benefit is $1,506.81. The amount of the benefits will be paid to beneficiaries for 25 years, or until $500,000 has been paid – whichever comes first.

Discuss Your Case With a Cook County Workers’ Compensation Lawyer

Workplace accidents are, unfortunately, all too common, especially in certain occupations. If you have had a loved one die in an accident while they were on the job, you should talk with an experienced Tinley Park workers’ compensation attorney. At the Fotopoulos Law Office, we can help you make sure you are getting the appropriate amount of compensation for your loved one’s death. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Handbook on Workers’ Compensation And Occupational Diseases

Statewide Average Weekly Wage (SAWW)

How to Determine Negligence in a Car Accident Injury Case

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Getting into a car accident can leave anyone feeling shaken up and worried. Even if the car accident only resulted in relatively minor injuries, such as a broken bone, it can come with even more damages, like missing work, medical costs, and repair costs, among others. This is typically when the idea of a car accident injury claim may come in handy. Most car accident injury claims are based around the idea of negligence, which just means the other person involved in the car accident failed to exercise their duty to drive safely on the road. To prevail in a car accident injury case, you must prove the following elements exist:

Duty of Care

When it comes to car accident claims, the duty of care is the responsibility that every driver has to operate their vehicle in a safe manner that is also consistent with traffic laws and other precautions most reasonable drivers would take. Examples of duty of care include:

  • Using turn signals;
  • Avoiding distractions, such as your cell phone;
  • Driving at a safe speed; and
  • Fully stopping at red lights and stop signs.

Breach of Duty of Care

The breach of duty of care is rather important because this pinpoints the action that caused your damages. You must prove that the driver either blatantly violated a traffic law or that he or she committed an action that put you and other drivers in unwarranted danger.

Causation and Damages

These elements are also important because you must show that the other driver’s actions were the cause of your damages. Causation can be established through either of two ways: cause-in-fact or proximate cause. Cause-in-fact would be the driver’s action that was the legitimate and direct cause of a certain injury or damage. Establishing proximate cause means the driver’s actions were not the direct cause of the damages, but the damages would not have occurred without the negligence of the driver.

A Cook County Car Accident Injury Attorney can Help You Recover Damages

If you or a loved one has been injured in a car accident, it is important that you contact a knowledgeable Orland Park, IL, car accident injury lawyer to determine if you have a case. At the Fotopoulos Law Office, we can help you figure out if you have a strong case to receive compensation for your damages. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Negligence

Negligence and Determining Legal Liability

Understanding Common Causes for Car Accidents in the United States

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Many Americans rely on motor vehicles being their primary form of daily transportation to get to where they need to go. Unfortunately, this means it is not unusual for car accidents to occur every once in a while. According to information from the National Highway Traffic Safety Administration (NHTSA), there were estimated to be more than 6.7 million traffic crashes that were reported to police in 2018. Around 71 percent of traffic crashes were property damage only, but there were still many crashes that resulted in bodily injury. More than 2.7 million people were injured in traffic crashes and nearly 37,000 people were killed.

These numbers have decreased since the 80s and 90s due to an increase in safety education, safety features of vehicles, and advertising campaigns. Even so, agencies like the NHTSA strive to understand the common causes of car accidents so that they can continue to educate people and reduce the number of traffic crashes.

Alcohol-Impaired Driving

In 2018, there were more than 10,000 fatalities attributed to alcohol-impaired driving alone. This amounts to around 29 percent or nearly a third of all traffic fatalities. Because of the deadliness of drunk driving, many campaigns over the years have been centered around not drinking and driving, alternatives to drinking and driving, and the severity of the consequences if you do. Alcohol-related driving accidents are often serious and can also result in extreme bodily injury and property damage.

Distracted Driving

Smartphones and other handheld devices have been commonplace since the mid-2000s, contributing to the rise in distracted driving accidents. Many times, drivers become distracted by their cell phones or other devices when they are supposed to be focusing on the road. This leads to serious accidents that are usually preventable and can cause serious injuries for those involved.

Speeding

Speeding is something we all have probably done at some point. While speeding usually results in a ticket, it can also result in an accident in some circumstances. These accidents are also usually rather severe, especially if the driver was speeding excessively. The NHTSA reported that there were around 9,300 deaths related to speeding in 2018.

A Cook County Car Accident Injury Attorney can Help

Car accident injuries can range in severity from minor bruising or broken bones to serious internal injuries such as brain injuries or other soft tissue injuries. If you have been hurt in a car accident by the fault of another, you deserve to have your pain and suffering compensated. At the Fotopoulos Law Office, we can help you recover financial compensation for your injuries, medical expenses, and even lost wages. To schedule a free consultation with our Tinley Park, IL, car accident injury lawyers, call our office today at 708-942-8400.

Sources:

Police-Reported Motor Vehicle Traffic Crashes in 2018

National Motor Vehicle Crash Causation Survey

Traffic Safety Facts

What are My Rights If I am Pulled Over During an Illinois Traffic Stop?

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Traffic stops are one of the most common ways that police come into contact with the general public. According to data from the Stanford Open Policing Project, there were more than 12.7 million traffic stops conducted by state police in Illinois between 2011 and 2017. There are dozens of reasons why a police officer would want to pull you over. Maybe your tail light is out or you forgot to signal a lane change. Maybe the officer noticed that you were on your cell phone while you were driving. Maybe the officer suspects you are driving under the influence because your driving was erratic. Whatever the reason, there are certain rights that you have when you are pulled over by police.

Police Must Have Reasonable Suspicion

If an officer pulls you over, they must have a reason for doing so. It is not lawful for an officer to perform a traffic stop for no reason. It is a violation of your Constitutional rights if they perform a stop without having reasonable suspicion that you were committing a crime.

You do not Have to Offer Up Information

When you are pulled over, the police officer will almost always ask for your driver’s license, vehicle registration and proof of insurance. This is information that you are legally required to give to the officer if he or she asks for it. During the stop, the police may also ask you other questions, such as where you are going to or coming from or if you have had anything to drink that night. These are questions that you do not – and should not – answer. Offering up any sort of information could be used against you later.

You do not Have to Allow Police to Search Your Vehicle Without a Warrant

If a police officer asks you if they can search your vehicle, you have the right to refuse this search. Normally, an officer must have a warrant to search your vehicle, though there are exceptions to that rule. For example, the officer can search your vehicle if he or she can see something illegal in “plain view.”

A Will County Criminal Defense Attorney Can Help You Protect Your Rights

For most people, being pulled over by the police is a scary situation. It is important that you know your rights and the extent of the law if you are pulled over by police. If you have been arrested by police, you should immediately contact a Joliet, IL, criminal defense lawyer for assistance. At the Fotopoulos Law Office, we can help you make sure your rights are being protected throughout your case. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

About the Data

Pulled Over? Here’s the Right Way to Handle a Traffic Stop

Know Your Rights Back to Know Your Rights