Even when a clear cause of an accident cannot easily be identified, there will be an investigation and other steps taken to try to determine who is legally at fault. Aside from simple driver error, single car accidents can be caused by defective parts in vehicles, unsafe road conditions, construction work, and other common problems on the roads. Between the standard process used by police following an accident and research done by a lawyer based on any evidence available, it will usually be possible to identify a crucial problem and file a lawsuit to make another party pay for these injuries. The lawsuit can also be filed by the family members of the victim after a fatal accident.
Man is killed when driving onto highway ramp near Chicago
The accident occurred just south of the city Chicago in the suburbs of Lynwood.
The incident happened when a 41 year old male was vehicle was driving on Lincoln Highway westbound and going onto a ramp to Illinois 394 northbound at about 6 am. At this time, police believe the driver lost control for an unknown reason and the car went off the road. The vehicle ended up in a nearby embankment, where the driver was ejected from the vehicle. When emergency crews arrived, the man was pronounced dead at the scene and was not given any additional medical treatment. Traffic in the area was affected for several hours as police began their investigation to determine the exact cause of the accident.
What will the investigation reveal after a single car accident?
While it is impossible to know what caused this particular accident until the result of the investigation are released, lawyers who routinely deal with car accidents can speculate regarding some possible issues.
There may have been problems with machinery in the driver’s car, debris on the surface of the roads, nearby construction work that created unsafe road conditions, or other problems that contributed to the accident. Any party who is determined to be partially at fault for the man’s death can potentially be sued. Keep in mind that negligence lawsuits can be filed by personal injury attorneys after all kinds of accidents. While it may seem that a civil lawsuit related to a car accident needs to follow the form of one car driving into another, this is not necessarily true.
Fatal accidents and wrongful death laws in Illinois
Because the victim is no longer around to file this lawsuit on his own, there is a special type of lawsuit called a wrongful death case that can be filed by the certain people within the victim’s family. Only parents, children, siblings, spouses, or certain other people who can prove that they were financially dependent on the victim will be allowed to make this claim.
One of the most important aspects of calculating the value of a wrongful death lawsuit is to determine the victim’s future lost wages. If the person was capable of working for another 20 or 30 years, their annual salary multiplied by the number of future years of work will normally be the most significant aspect of damages. This can easily add up to millions of dollars.
It is necessary to realize that a wrongful death case is only a civil lawsuit. If anyone is held criminally responsible for the death of the victim, this will be handled separately by the state if they file charges. However, the family can still file the wrongful death case regardless of whether criminal charges are filed or not, or whether the defendant is convicted or acquitted.
Each state’s wrongful death laws also tend to have a shorter statute of limitations than other kinds of civil cases. This is also true in Illinois. It is necessary to talk to an accident lawyer as soon as possible to avoid missing the appropriate time frame and lose the opportunity to file a lawsuit.
Defective car parts or faulty maintenance
There are a number of issues that may be discovered with the car itself which contributed to, or caused the accident. Anyone from a car manufacturer to a mechanic can potentially be sued for defective design, faulty maintenance, and other problems. This will essentially be treated as a negligence action because the person responsible for creating or maintaining a vehicle that is fit for normal use on the roads failed in a significant way. When their fault can be traced to the accident, this is clear evidence of negligence and a breach of the standard duty of care for automotive professionals. This is true whether they work in the fields of car design or maintenance.
Speak with a licensed attorney in your area
To get help after a motor vehicle crash in the Chicago metro area, contact Budin Law Offices. You will receive specific guidance related to filing a lawsuit or taking other actions.