Earlier today, our Illinois semi truck accident attorneys read a report in the Daily Herald detailing a tragic Illinois semi truck accident that resulted in one fatality. The 38-year-old victim was currently employed as a contractor for the Illinois Department of Transportation in Elmhurst when the accident transpired. According to reports, the victim was standing three feet back on the street corner of York and Lake Streets when an oncoming semi truck turned the corner too sharply – ultimately striking the victim. The contractor was pronounced dead at the scene due to the massive internal injuries he sustained. Illinois State Police confirmed in the report that the semi truck’s turn caused the truck’s trailer to travel over the curb. The 32-year-old Chicago semi truck driver has been cited for improper turn.
Although the Chicago semi truck driver received a citation for the improper handling of his commercial vehicle, a citation does not compensate the victim’s family for their devastating loss. While the report does not confirm if whether the victim’s family wishes to seek civil legal action against the truck driver, from our experience as Illinois accident attorneys, the family may have a cause of action for a wrongful death lawsuit.
A wrongful death lawsuit asserts that the victim’s fatality was a direct result of negligence or another type of unjust action. This type of lawsuit is substantially different than other types of personal injury claims due to the fact that the victim’s family brings the cause of action.
Under current Illinois statute 740 ILCS 180, to file a suit for wrongful death one must be able to prove the following elements:
– A fatality was directly caused by a wrongful act – negligent or default – The negligent or default act would have entitled the party injured to a maintain an action and recovered damages if death had not resulted – Monetary damages have resulted from premature death.
Our Chicago accident attorneys continue to provide experienced legal representation to those who have sustained serious harm as the direct result of another’s negligence. Through civil litigation, our attorneys help compensate accident victims and their families for the harm they have sustained due to all types of motor vehicle accidents. If you have been involved in an Illinois motor vehicle accident, please contact an Illinois personal injury attorney to see what legal rights may be available to you.