In the beautiful, bustling City of Chicago, car accidents are almost a fact of life. Just about every commuter here has either been involved in an accident him or herself, or knows someone who has. Auto accidents in Chicago range from the common fender bender to multiple vehicle pile-ups. Some simply disrupt the driver’s day, while others disrupt entire lives. When one driver behaves negligently on the road and causes damage to you or your vehicle, the law requires that driver to compensate you for the damage. When a driver behaves recklessly and causes a fatality, the family of the deceased is entitled to compensation. This is known as a wrongful death claim.
In Illinois, the controlling law in this type of suit is known as the Illinois Wrongful Death Act. The Act allows the surviving spouse or children of the deceased to bring a claim against a defendant whose negligence caused the death. In order to bring a wrongful death claim, the plaintiff must show:
Pecuniary damages are monetary damages. Illinois law allows a plaintiff, bringing suit on behalf of the deceased, to recover monetary damages for “money, benefits, goods, and services the decedent customarily contributed in the past,” and the “money, benefits, goods, and services the decedent was likely to have contributed in the future.” Courts will generally presume that a child or spouse will suffer a loss of companionship where the spouse or parent has died in an untimely manner. Unless the defendant can show otherwise, such as showing the spouse or child did not speak to the deceased, the court will presume the plaintiff is entitled to some amount of pecuniary damages.
The Illinois Department of Transportation reports that in 2012 there were 956 crash fatalities on Illinois roads. That’s 956 parents, husbands, grandparents, wives, and children who never returned home to their loved ones. Many of these accidents were the result of the negligence of a driver on the Illinois roads. Each and every driver in Illinois owes a duty to operate their car in a reasonable manner on the roadways. When a driver breaches this duty, injuries and property damage can result. Under Illinois law, drivers who behave negligently and cause injury or property damage are responsible to compensate those who are injured. This is especially true where the injury results in a fatality and deprives a family of one of its members.
Auto accidents remain one of the most critical issues facing public safety, consistently ranking among the leading causes of wrongful death cases in the United States. Each year, the tragic loss of thousands of lives can be attributed to factors such as negligent driving, alarming rates of speeding, and the pervasive impact of impaired driving.
According to the Centers for Disease Control and Prevention (CDC), motor vehicle traffic fatalities reached a staggering total of 44,534 in 2022 alone. This distressing figure highlights the grave reality that these deaths constitute a significant portion of unintentional injury-related fatalities in the country. In the state of Oregon, for instance, 599 fatal accidents claimed lives in 2021. While this figure specifically pertains to Oregon, similar patterns are evident across the entire United States, which underscores the widespread devastation that auto accidents impose on families and communities alike.
A variety of factors contribute to the occurrence of fatal car crashes, including:
Distracted Driving – The use of cell phones and other distractions not only diverts drivers’ attention but also significantly heightens the risk of fatal accidents. Even a momentary lapse in focus can lead to devastating outcomes.
Speeding – Operating a vehicle at excessive speeds dramatically reduces a driver’s reaction time and exacerbates the severity of crashes. Speeding transforms minor collisions into catastrophic incidents.
Driving Under the Influence – Alcohol and drug-related accidents remain a persistent threat, serving as a leading cause of wrongful deaths on the roadways. Impairment diminishes judgment and coordination, turning everyday driving into a perilous endeavor.
Failure to Yield – Many fatal accidents tragically unfold at intersections where drivers neglect to yield the right of way. This failure often leads to heartbreaking and avoidable fatalities.
Weather Conditions – Adverse weather conditions such as rain, snow, and fog compromise visibility and create hazardous driving situations, increasing the likelihood of accidents.
Fatalities resulting from auto accidents lead to wrongful death claims that often result in settlements and compensation amounting to millions of dollars for the affected families. These claims play a vital role in covering a range of expenses, including medical bills, funeral costs, lost wages, and the emotional suffering endured by grieving families.
To combat the frequency of wrongful deaths caused by auto accidents, the United States government promotes several proactive measures, including:
By understanding the statistics surrounding auto accident wrongful deaths, policymakers and communities can better prioritize safety improvements. Ultimately, by embracing responsible driving habits, motorists can play a pivotal role in reducing fatalities and fostering safer roads for everyone.
If your loved one has been the victim of a fatal car accident, you are entitled to receive compensation for your loss. Proving exactly how much you are entitled to is difficult and can be complicated by the involvement of an insurance adjuster. During a time of grieving this process can become overwhelming. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 for a free consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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