Losing a loved one because someone decided to drive carelessly is a devastating experience, especially when the deceased family member was the main income earner or the primary caregiver of young children. No matter what the deceased’s role in the family was, survivors feel the loss acutely and may wonder if they can take legal action.

In Illinois, enumerated close family members may be able to file a wrongful death action against the negligent driver responsible for the crash. If your close family member was killed by a negligent driver, you should speak to an attorney as soon as possible. 

Which Family Members Can File a Wrongful Death Lawsuit?

In Illinois, only certain close family members have standing to file a wrongful death action. Eligible next of kin may be the decedent’s: 

Distracted driving is responsible for on average, over 3,000 fatalities each year nationwide. These are some of the most preventable traffic deaths - all drivers must do to avoid these serious car accidents is to pay attention to the road. One of the most important duties drivers have is to remain aware of what is going on around them. Drivers who are simply not watching the road can find themselves causing a major wreck very, very quickly. Cell phones are one of the most common distractions. Countless public awareness campaigns regarding cell phone use while driving have likely had some effect, but distracted driving remains a serious problem. If you were injured by a distracted driver, an attorney may be able to help you recover compensation.

What You Should Know About Distracted Driving in Illinois

Everyone knows better than to send a text or check their emails while they are driving. Cell phones often come with a built-in “driving mode.” Navigation systems like Waze often have safeguards built in to prevent drivers from changing the settings while their vehicle is in motion. However, people continue to focus their attention on devices rather than the traffic around them. Some alarming statistics about distracted driving include:

• Distance - When a driver going 55 miles per hour takes their eyes off the road for just five seconds to check a text message, they will drive the entire length of a football field completely blind. In that distance, they could encounter anything from a motorcycle they did not previously see to traffic that is suddenly stopping.
• Mass injuries - In 2019 alone, a shocking 424,000 individuals were injured by distracted drivers in addition to the over 3,000 who lost their lives. Distracted driving endangers the public in a major way.
• Not just drivers - One in five individuals who are injured or killed by a distracted driver is a pedestrian, a bicycle rider, or someone else who is not inside another vehicle. Distracted drivers may spot other vehicles in their peripheral vision, but miss seeing a person on foot.

While cell phones are the main culprit in distracted driving accidents, they are not the only thing that can take a driver’s attention off the road. Anything from the radio to a rowdy passenger can cause a substantial enough distraction to result in a serious crash.

Most of the time, getting hurt in a car accident is a temporary problem. While being injured b a negligent driver can be deeply upsetting and physically painful, odds are, your life will eventually go back to normal. However, in the most severe cases, a car accident can be permanently life-altering. Not all injuries can be fully healed. Some people may find themselves needing help with tasks they used to be able to perform independently. Others will have to change career paths or miss out on achieving other goals they had. The one saving grace in this type of situation is that you can be compensated for the full amount of harm that was done to you. When you have been seriously injured in a motor vehicle crash, you will want an experienced lawyer to handle your case. Simply adding up all the costs associated with your accident can be a daunting task.

When Can Injuries From a Car Accident Have a Permanent Impact?

Determining what type of impact a car accident is likely to have on your life going forward can be a very evidence-intensive process best handled by a trained attorney. A lot depends on what your day-to-day life looked like before the accident as opposed to after the accident. Your life could change in ways like:

• Career path - No matter what type of profession you are in, a car accident could force you to make a change. While a wrist injury may not be a big deal for say, a teacher, it might be life-altering for a surgeon or painter. Brain injuries can cause symptoms like changes in cognitive function that can make keeping any job difficult or impossible.
• Psychological problems - Serious accidents can be traumatic. You could experience mental and emotional symptoms that affect your ability to function in everyday life. Some people find that they are too afraid to start driving again or become very easily startled.
• Needing help - People who have been seriously injured may lose their ability to function independently at home. Some require assistance with basic tasks like meal prep, cleaning, and even personal hygiene. Needing to enlist a home health agency to come out and provide care and help is not uncommon. While some people are eventually able to relearn these tasks, others are not.
• Pain - Chronic pain is one of the most feared and most difficult to treat health issues that can stem from car crash injuries. Especially if you suffered a spinal cord or neck injury, the pain that follows may be something you will have to live with for the rest of your life.

When a negligent driver changes your life, do not try to take matters into your own hands. There is too much at stake for you to try to handle the situation alone. It is best to let an experienced and aggressive attorney pursue compensation on your behalf.

When an injury from a car accident disrupts your life, the costs can add up quickly. It is not just the obvious out-of-pocket expenses like the medical bills from the day of the accident and the cost of your vehicle. Often, the true cost of a car crash cannot be accurately calculated until weeks or even months later. Some car accident victims ultimately have to change career paths, require ongoing medical treatment, or otherwise suffer hidden economic losses. This is one of the reasons that accepting a settlement offer from an insurance company too quickly and without consulting an attorney can lead to you losing out on funds you were entitled to. Before you consider accepting any type of settlement, always speak with an experienced attorney who can give you a better understanding of the costs you could be compensated for.

What Financial Losses Could I Receive Compensation for if I Was Hurt in a Car Crash?

Adding up the true cost of a car accident can be difficult. There are quite a few things to consider during this process, including any future losses. After a car accident, you could be compensated for:

• Current medical costs - Any medical care you already received related to the accident should be paid for by the other driver’s insurance company.
• Future medical costs - In many cases, car accident injuries take more than one or two visits to the doctor’s office to treat. You may need physical therapy for months afterward. You may require visits from a home health aid while you are recovering. It could turn out that conservative treatments like physical therapy do not work at all and you will ultimately require surgery. It is important that your settlement or award at trial reflects the likelihood of any needs for ongoing care.
• Lost wages - Whether you stayed home from work for three days or three months, you likely lost income as a direct result of your accident. You can likely be compensated for any potential earnings you have missed out on because of your injuries.
• Lost future wages - In extreme cases, you may never be able to return to the job you had. You could be forced to change career paths if you can no longer physically perform your old job duties. Or, you could have become unable to work period. This loss in future income can be calculated and included in your settlement. This amount can be quite substantial.

This is far from a complete list of all the expenses, both financial and non-economic, that you could be compensated for after a car accident. An attorney can help you determine what you may be entitled to.

Illinois winters can bring mountains of snow, often accompanied by ice and strong winds. Anyone who has driven through a Chicago blizzard can tell you how cautious a driver must be to avoid an accident. Unfortunately, not everyone exercises this standard of care in driving through our often beautiful but dangerous winter weather. More motor vehicle accidents happen in the wintertime when drivers fail to respect the hazards associated with winter driving in Illinois.

If you were injured in a winter car crash, it is important that you contact an attorney promptly. The same weather conditions that contribute to crashes can quickly cover up needed evidence at the accident scene, so time is of the essence.

What Negligent Winter Driving Behaviors Cause Crashes?

To safely drive around in Illinois winters, there are a few precautions that should be taken. Failing to follow these safety recommendations can lead to serious accidents. In the winter, careless motorists may fail to: