An Illinois wrongful death lawsuit has been filed in Cook County Circuit Court on behalf of a 30 year-old Alsip man who was killed in a 2011 bus accident. According to a news report posted on SouthTownStar.com, the accident in question occurred on February 19, 2011, when the deceased was traveling south on Interstate 294 in Leyden Township when a school bus traveling in front of the man’s passenger vehicle “dramatically reduced speed” due to mechanical problems. Our Chicago accident lawyers learned that shortly thereafter, the school bus collided into the man’s vehicle in an attempt to change lanes.
As a result of the accident, the 30 year-old driver required advanced medical attention at a nearby hospital in Park Ridge where he was subsequently pronounced dead several hours later. However, according to an initial report released by Illinois State Police, it was determined that the passenger vehicle driver collided into the rear end of the school bus. An autopsy of the deceased confirmed that the passenger vehicle driver died of multiple injuries from his vehicle striking a bus and the death was ultimately ruled as an accident.
The wrongful death lawsuit, filed late last week by the victim’s family, alleges that the bus driver, as well as, the bus driver’s company, failed to maintain the school bus, failed to keep a sufficient lookout, in addition to, failure to keep the bus under control. Our accident lawyers in Chicago read that the wrongful death lawsuit contains eight-counts against the school bus driver and the bus company and is currently seeking an undisclosed judgment for damages.
Under current Illinois statute, 740 ILCS 180, wrongful death claims can be asserted when certain conditions are met. In order to prove wrongful death, it must be shown that the premature death of a person was caused by a wrongful act – through neglect or default – of another.
An additional aspect of the statute that must be established is that if death had not ensued as a result of the wrongful act, the injured party would be entitled to maintain an action and recover damages. In the state of Illinois, depending on the type of case, the statute of limitations for a wrongful death claim is approximately 2 years.
Our accident attorneys in Chicago have successfully handled hundreds of cases involving wrongful death and have recovered million dollar settlements on behalf of the families of victims who succumbed to a premature death as a direct result of the wrongful or negligent conduct of another. If you have lost a loved one due to another’s negligence, please contact a Chicago accident lawyer to see what legal rights may be available to you.