In early August, our Illinois semi truck accident blog reported a fatal multi-vehicle collision in Buffalo Grove. The accident, which occurred south of Kirchoff Road on Route 53, ensued when the 23-year-old driver of a passenger vehicle struck a tractor-trailer and in turn collided with the driver of a disabled roadside pickup truck. An investigation into the accident concluded that the driver of the passenger vehicle was using her cell phone at the time of the collision that ultimately caused the death of the disabled vehicle driver. At the time, the woman faced charges of improper lane change, driving on the shoulder of the road, in addition to, using an electronic device while driving.
In an article recently published by the Daily Herald, it was reported that the Cook County State’s Attorney has decided to dismiss the charges against the 23-year-old to allow Illinois State Police to further investigate if more serious charges will be filed in this case. The woman admitted to authorities in the police report that she was scrolling down her cell phone contact list when she collided with the semi truck. The family of the deceased has filed a wrongful death lawsuit against the 23-year-old and is seeking at least $50,000 in damages.
An Illinois wrongful death lawsuit can be filed on the basis that the wrongful or negligent conduct of an individual caused the premature death of another. In this case, the passenger vehicle driver may be held liable for wrongful death on the grounds that she operated her vehicle in a negligent way – through the use of her cell phone – which ultimately caused the fatal accident. Wrongful death lawsuits vary from personal injury claims due to the fact that the family of the deceased brings about the cause of action. In order to bring about this type of claim, a strict statute of limitations must be adhered to in order proceed with civil litigation. In the state of Illinois, depending on the type of accident, the statute of limitations for a wrongful death claim is 2 years.
If you have been involved in any type of motor vehicle accident, or have lost a loved one at the hands of a negligent driver, it is important obtain legal guidance from an experienced Chicago accident attorney. Having represented hundreds of victims of negligence, our attorneys share comprehensive knowledge when handling these types of devastating, as well as, life-altering accidents. Please contact an Illinois personal injury lawyer to see what legal relief and representation may be available to you.