TheHour.com recently released a news report which revealed that a semi truck driver who caused a devastating fatal collision in early August of this year will not face criminal charges for his role in the collision. According to the report, the initial accident occurred along an interstate highway when a semi tractor-trailer collided into a van owned by the YMCA, which was transporting children on the way home from an amusement park. The collision resulted in the untimely death of a 12 year-old girl who was a passenger in the van. Our Illinois truck accident lawyers read that despite the review conducted by the prosecutor which revealed that the semi truck driver was operating his commercial vehicle 11 miles per hour over the posted speed limit when he lost control of his vehicle; there are no findings of criminal negligence that is required by law to pursue a criminal case of vehicular manslaughter.
Although the article does not reveal of the family of the 12 year-old accident victim wishes to pursue civil legal action against the truck driver, from our experience as accident attorneys in Chicago, the family of the deceased may have a cause of action for wrongful death. Wrongful death cases arise when the wrongful or negligent conduct of another, through action or inaction, caused the untimely and premature death of another. In this particular case, by the semi truck driver deviating from the posted speed limit and operating his semi tractor-trailer 11 miles per hour over the limit at the time he lost control of his vehicle, he may be found liable through civil litigation.
If pursuing an Illinois trucking accident lawsuit, under current Illinois statute, those bringing about a claim of wrongful death must assert that the negligent or default act of the accused party would have entitled the injured party to seek legal relief to recover damages if premature death has not incurred as a result of the accident. Additionally, those asserting the claim of wrongful death must prove that monetary damages have resulted as a direct result of the victim’s death.
If you or a loved one has been involved in an Illinois trucking accident, please contact our experienced accident attorneys as soon as possible. Having represented hundreds of victims of negligence, our attorneys know the devastating and tragic effects that accidents have on victims and their entire families. Often times, those individuals who sustain serious injury in these accidents incur large medical bills; lost income, love recovery time, as well as, life-long disability. Contact our Chicago truck accident attorneys for a free consultation to help determine what legal rights and relief may be available to you.