Wrongful Death from a Car Accident in Chicago

When a Car Accident Turns Fatal

Car accidents are one of the leading causes of wrongful death in Chicago. Every year, hundreds of people die on Illinois roads because of speeding, distracted driving, drunk driving, and other forms of negligence. When a fatal crash is caused by someone else’s carelessness, surviving family members have the right to file a wrongful death claim.

A wrongful death case after a car accident works differently from a standard injury claim. The stakes are higher, the damages are larger, and the legal process has its own set of rules under Illinois law.

Who Can File a Wrongful Death Claim After a Fatal Car Accident?

Under the Illinois Wrongful Death Act, only the personal representative of the deceased person’s estate can file the lawsuit. This person acts on behalf of the surviving spouse and next of kin.

If the deceased had a will, the executor named in the will typically serves as the personal representative. If there was no will, the court appoints someone, usually a close family member.

The people who benefit from the claim include:

• The surviving spouse
• Children of the deceased
• Parents of the deceased (if no spouse or children survive)
• Other next of kin who were financially dependent on the deceased

For more on who qualifies to bring this type of claim, see our guide on who can file a wrongful death lawsuit in Illinois.

Proving Fault in a Fatal Car Accident

To win a wrongful death claim, you must prove that the other driver was negligent and that their negligence caused the fatal accident. This means showing four things:

1. Duty of care. The other driver had a legal obligation to drive safely.
2. Breach of duty. They violated that obligation through careless or reckless behavior.
3. Causation. Their breach directly caused the accident.
4. Damages. The accident resulted in death and financial losses to the family.

Common forms of negligence in fatal car accidents include:

• Speeding or driving too fast for conditions
• Running red lights or stop signs
• Texting or using a phone while driving
• Driving under the influence of alcohol or drugs
• Failing to yield the right of way
• Reckless lane changes or aggressive driving

Evidence in Fatal Car Accident Cases

Building a strong case requires solid evidence. In a fatal car accident wrongful death claim, useful evidence includes:

• The police accident report
• Witness statements from people who saw the crash
• Traffic camera or dashcam footage
• Cell phone records showing the driver was texting
• Blood alcohol test results
• Vehicle black box data (event data recorder)
• Accident reconstruction expert analysis

The sooner you begin gathering evidence, the better. Physical evidence can be lost, and memories fade. An experienced attorney can begin an investigation immediately and preserve critical information.

Multiple Liable Parties

In some fatal car accidents, more than one party may be at fault. For example:

• Another driver. The primary at-fault driver in the collision.
• An employer. If the at-fault driver was working at the time, their employer may share liability.
• A trucking company. Fatal accidents involving commercial trucks often involve claims against both the driver and the trucking company.
• A vehicle manufacturer. If a defective part like faulty brakes or a tire blowout contributed to the crash, the manufacturer may be liable.
• A government entity. Poor road design, missing signage, or inadequate maintenance can contribute to fatal accidents. Claims against government entities have special rules and shorter deadlines.

Identifying all responsible parties increases the potential compensation available to your family.

Comparative Fault in Illinois

Illinois follows a modified comparative fault rule. If the deceased was partially at fault for the accident, the family can still recover damages as long as the deceased was not more than 50% responsible.

If the deceased was 20% at fault, for example, the total damages would be reduced by 20%. If they were 51% or more at fault, the family cannot recover anything.

Insurance companies often try to shift blame to the deceased person to reduce what they owe. This is one reason why having a thorough investigation and strong legal representation is so important.

Damages Available in a Fatal Car Accident Case

The compensation in a wrongful death case from a car accident can be substantial. Available damages include:

Economic Damages

• Lost income and future earnings the deceased would have provided
• Loss of employment benefits including health insurance and retirement
• Medical bills incurred between the accident and death
• Funeral and burial expenses

Non-Economic Damages

• Loss of society, companionship, and guidance
• Loss of consortium for the surviving spouse
• Grief, sorrow, and mental suffering of surviving family members

Illinois does not cap wrongful death damages. The full value of the family’s losses is recoverable.

Insurance Issues in Fatal Car Accidents

Most car accident wrongful death claims involve dealing with insurance companies. The at-fault driver’s auto liability policy is the primary source of compensation. But liability limits can be a problem.

Illinois only requires drivers to carry $25,000 in bodily injury liability coverage per person. That is far too low to cover the damages in a fatal accident. If the at-fault driver has minimum coverage, other options may include:

• Underinsured/uninsured motorist coverage. If the deceased had this coverage on their own policy, it can fill the gap.
• Umbrella policies. Some at-fault drivers carry umbrella policies with higher limits.
• Employer insurance. If the at-fault driver was working, their employer’s commercial policy may apply.
• Personal assets. In some cases, a judgment can be collected from the at-fault driver’s personal assets.

Understanding the insurance and liability landscape is a key part of any wrongful death claim.

The Statute of Limitations

In Illinois, you have two years from the date of death to file a wrongful death lawsuit. This is a firm deadline. If you miss it, your claim is gone.

There are very limited exceptions. Claims against government entities may have even shorter notice requirements, sometimes as little as one year.

Read more about the deadline in our guide on the Illinois wrongful death statute of limitations.

Criminal Charges vs. Civil Wrongful Death Claims

If the at-fault driver was drunk or engaged in criminal behavior, they may face criminal charges like vehicular homicide or reckless homicide. A criminal case is separate from a civil wrongful death claim.

The criminal case is brought by the state and can result in prison time, fines, and a criminal record. The civil case is brought by the family and focuses on financial compensation.

You do not need a criminal conviction to win a wrongful death case. The standard of proof in civil court is lower. You only need to prove negligence by a preponderance of the evidence, meaning it is more likely than not that the defendant was at fault.

A criminal conviction can help your civil case, but it is not required.

What to Do After a Fatal Car Accident

If you have lost a family member in a car accident in Chicago, there are steps you can take to protect your rights:

1. Get a copy of the police report. This document contains important details about the crash.
2. Preserve evidence. Keep any photos, documents, or communications related to the accident.
3. Do not speak to the other driver’s insurance company. They may try to get statements they can use to reduce your claim.
4. Contact a wrongful death attorney. An experienced lawyer can guide you through the process and handle the legal work while you focus on your family.
5. Act quickly. The statute of limitations is strict, and evidence preservation is time-sensitive.

Talk to a Chicago Wrongful Death Attorney

Losing a loved one in a car accident is devastating. You should not have to fight an insurance company on your own while you are grieving. A wrongful death claim can help your family recover the financial support you need and hold the responsible driver accountable.

Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.