A deadly head-on collision can change a family’s life in seconds. These crashes are especially dangerous because two cars moving toward each other create a strong impact, often leaving little chance to avoid serious or fatal injuries. In Schaumburg and nearby suburbs like Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Palatine, and Rolling Meadows, these accidents can happen on busy roads. When a loved one dies because another driver was negligent, families often wonder if they can hold that driver responsible. Illinois law allows certain families to seek wrongful death compensation if someone’s death was caused by another person’s wrongful act, negligence, or failure.
No lawsuit can ever replace a spouse, parent, or child. A wrongful death claim is a way to hold the responsible party accountable and address the financial and personal losses that come with such a tragedy. Fatal head-on collision cases often involve more than just figuring out which driver crossed the center line. I may need to look at vehicle positions, electronic data, witness statements, road evidence, cell phone records, toxicology reports, surveillance videos, and other information to understand what really happened.
Under the Illinois Wrongful Death Act, 740 ILCS 180/1, a wrongful death action may arise when someone’s death is caused by a wrongful act, neglect, or default that would have allowed the deceased person to pursue damages had the person survived. In a head-on collision case, that usually means I must establish that another person or entity acted negligently or wrongfully and that the conduct caused the fatal crash.
One common example involves a driver crossing the center line into approaching traffic. That may happen because the driver was texting, falling asleep, intoxicated, speeding, attempting an unsafe pass, or otherwise failing to maintain control of the vehicle. A driver may also enter the wrong side of a divided roadway or make an improper maneuver that places the vehicle directly in the path of approaching traffic.
Where the vehicles end up after a crash does not always show what really happened. Cars can spin, move, or be pushed far during a violent collision. That’s why I look at more than just where the vehicles stopped to figure out how the crash happened.
Head-on collisions often cause severe injuries because the people inside experience strong forces during the crash. Even with modern safety features like airbags, seat belts, and crumple zones, there is still a serious risk when two cars hit each other from opposite directions.
Fatal injuries may include traumatic brain injuries, massive internal bleeding, spinal injuries, chest trauma, damage to internal organs, severe fractures, and injuries to major blood vessels. Some victims die at the scene, while others survive for hours, days, or longer before ultimately dying from their injuries.
This difference matters when I look at what damages the estate and family members can claim. If someone lives for a while after the crash before passing away, there may be extra losses from that time, on top of the family’s wrongful death damages.ng family member. Under 740 ILCS 180/2, the lawsuit is brought in the name of the deceased person’s personal representative for the benefit of the surviving spouse and next of kin.
If an estate has already been opened, an executor or administrator may serve as the personal representative. Illinois law also provides circumstances in which a court may appoint a special administrator to pursue the wrongful death action when the cause of action is the estate’s only asset.
Figuring out who should represent the deceased person is something I handle early in a fatal accident case. Families should not assume that the person who spoke with the insurance company or arranged the funeral automatically has the right to settle the wrongful death claim.
Wrongful death damages focus on losses experienced by the deceased person’s surviving spouse and next of kin. Illinois law permits compensation for pecuniary injuries resulting from the death and specifically recognizes grief, sorrow, and mental suffering as compensable damages. Punitive damages may also be available when legally appropriate.
A family can face major financial losses after a death. If a parent or spouse dies, the household may lose years of wages, benefits, retirement savings, help around the house, and financial support. This impact is even greater if the person who died was the main earner.
The law also recognizes that a human relationship cannot be measured only by a paycheck. Loss of companionship, guidance, support, society, and the emotional effects of losing a close family member can be central components of a wrongful death case.
I look at each family’s situation instead of treating every wrongful death case the same way. The loss of a young parent raising children is different from losing an adult child, spouse, or retired parent, and the evidence should show those differences.
A wrongful death claim and a survival claim address different categories of loss. Illinois’ Survival Act, 755 ILCS 5/27-6, allows certain causes of action belonging to an injured person to survive that person’s death, including actions seeking damages for personal injuries.
This can be especially important when the victim did not die immediately. If a person survived a severe head-on collision and experienced injuries before death, the estate may have claims arising from that period.
Medical treatment, damages associated with the person’s injuries, and other losses that accrued before death may therefore need to be evaluated separately from the wrongful death damages suffered by surviving family members.
I consider both types of claims because only looking at the wrongful death claim might miss an important part of the case.
The driver who crossed into oncoming traffic is often the first potential defendant, but that should not be the end of the investigation. Depending on the facts, other parties may have contributed to the collision.
If the responsible motorist was driving for work, an employer may become relevant. If a commercial truck crossed the center line because of mechanical problems, maintenance failures, improper loading, or driver fatigue, a trucking company or other commercial entity may potentially share responsibility. A defective vehicle component may present another issue in certain crashes.
I check who owned the vehicle, why the driver was on the road, if the driver was working, how the vehicle was maintained, and if anyone else played a role in causing the crash. Finding every possible responsible party is especially important when the family’s losses are significant.
A deadly head-on crash may trigger investigations by police, insurers, attorneys, trucking companies, and other interested parties. Evidence that helps establish liability can include photographs, roadway marks, vehicle damage patterns, event data recorder information, dash camera recordings, surveillance footage, phone records, witness statements, toxicology evidence, and vehicle inspection findings.
I focus on saving electronic and video evidence. A nearby business, home security camera, traffic camera, or another driver’s dash camera might have recorded the moments before the crash. This footage can be lost if it is recorded over.
Vehicles themselves can also be important evidence. The condition of the steering system, brakes, tires, lights, and other components may matter if the responsible driver claims that a mechanical failure caused the vehicle to cross the center line.
Insurance companies do not automatically accept responsibility simply because their insured crossed into another lane. They may claim that the deceased driver was speeding, distracted, impaired, improperly positioned, or could have avoided the collision.
Illinois follows modified comparative fault principles. Under 735 ILCS 5/2-1116, a plaintiff’s recovery in a negligence action can be reduced according to the percentage of fault attributed to the plaintiff when that fault does not exceed 50 percent. If the plaintiff’s contributory fault exceeds 50 percent of the proximate cause, recovery is barred. The Wrongful Death Act specifically directs courts to consider the decedent’s contributory fault in wrongful death cases.
This is why I do not just accept the insurance company’s version of a fatal crash without checking the evidence myself. Since the person who died cannot tell their side, it is especially important to rely on objective evidence.
In general, Illinois’ Wrongful Death Act requires a wrongful death action to be commenced within two years after the person’s death, although specific statutory exceptions can apply. Certain cases involving violent intentional conduct or specified criminal charges are treated differently under the statute.
Families should not wait just because they have two years to file a lawsuit. The legal deadline and the deadline to save evidence are not the same. Surveillance videos can be erased in days or weeks, vehicles might be repaired or destroyed, witnesses can be hard to find, and electronic records may be lost.
I like to start investigating a fatal crash while evidence is still available and people’s memories are fresh.
When a family loses someone in a head-on collision, I believe the investigation should be as careful as the situation is serious. Insurance companies may start looking at the claim right away, and important evidence can disappear before a family is ready to think about a lawsuit. I can investigate how the crash happened, save key evidence, find out who might be responsible, check insurance coverage, and see what wrongful death and survival claims are possible under Illinois law.
If your spouse, parent, child, or another close family member died in a head-on collision, contact SJ Injury Law for a free consultation. I help families in Schaumburg, Chicago, Arlington Heights, Buffalo Grove, Des Plaines, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, and throughout Illinois.
Call our Schaumburg wrongful death lawyers to receive your free consultation when you call (847) 434-3555. The first consultation is free, and I can help you figure out what steps you need to take to protect your family’s wrongful death claim.
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