For most motorcyclists, riding a motorcycle is much more than a means of transportation - it is a lifestyle. Motorcyclists love to enjoy the winding Waukegan roads on their bikes. Sadly, some motorcycle trips end in tragedy.

In the event of a fatal motorcycle accident, mourning family members may be entitled to monetary damages based on their loved one's death. While money cannot replace the life lost, it can help cover expenses related to medical care and funeral costs that have been incurred due to the accident. Additionally, those eligible may also be able to receive financial compensation for the pain and suffering caused by the accident, lost wages, and loss of companionship.

Motorcyclists Are Especially Vulnerable to Crashes Caused by Negligent Drivers

Unlike a passenger vehicle, a motorcycle does not offer any protection to the rider in the event of a crash. Helmets and protective gear can help to a certain degree, but a motorcyclist is still much more likely to suffer serious injuries or even death compared to occupants in an automobile. When negligent drivers cause fatal crashes involving motorcycles, they should be held accountable and liable for the tragic losses suffered by victims' families.

The Wrongful Death Act is established under 740 Illinois Consolidated Statute 180 and provides that wrongful death actions must be filed by the personal representative of a deceased person and damages are paid to a deceased person’s spouse and next of kin. Wrongful death lawsuits can be very complicated, and any family dealing with a potential wrongful death claim should be certain to hire qualified legal counsel.

While the statute of limitations on a wrongful death claim is typically two years in Illinois, certain cases involving violent conduct or criminal actions could lead to additional time in some cases. Beyond the basic filing concerns, many people wonder exactly what kinds of damages they will be able to recover.

Common Types of Wrongful Death Damages

When it comes to damages in a wrongful death case, Illinois state law references “pecuniary injuries resulting from” death. Pecuniary injuries typically include compensatory damages that are often broken into economic damages and noneconomic damages.

Over 900 individuals lost their lives in fatal car accidents in Illinois in the year 2019 alone. When a loved one dies in a tragic accident, the surviving family is often left with more questions than answers. Many families wonder if there is anything they can do to take legal action against the party who caused the fatal accident. Read on to learn about civil claims under the Illinois wrongful death statute and survivor statute.

Seeking Justice for a Loved One’s Death

Drunk driving, speeding, texting and driving, and countless other issues can lead to a fatal car crash. Sometimes, the at-fault party is not an individual but instead an auto parts manufacturing company or other entity. When someone is killed by another party’s negligent, reckless, or illegal actions, the surviving family may be able to seek justice through the civil court system through a survivor or wrongful death action.

Financial Compensation for Surviving Loved Ones

Losing a loved one in a preventable car crash, truck accident, motorcycle accident, or another type of accident causes not only terrible grief and suffering, but also significant financial strain. The surviving family may be left to deal with overwhelming medical debts and funeral costs. Individuals who lost a spouse are left to pay bills and raise children without their partner’s financial support or parental love and guidance. The types of damages available to surviving loved ones vary. Claims brought under the Illinois Survival Statute may allow the deceased person’s estate to recover compensation for:

The death of a family member can come as a huge shock – especially if the death was caused by a sudden accident. Car crashes, truck accidents, work accidents, and other unexpected accidents can turn your life upside down. While the death of a loved one is heartbreaking regardless of the circumstances, losing your loved one in a preventable accident is especially tragic.

Fortunately, Illinois civil law allows individuals to bring legal actions on their loved one's behalf. If your parent, child, spouse, or other family member died because of another party’s actions, you may be able to file a wrongful death action and seek justice.

What is Considered a Wrongful Death?

A wrongful death is a death caused by another party’s negligent or intentional actions. Negligence occurs when a party owes a duty of care, fails to fulfill that duty of care, and the failure causes injury or death.

Semi-trucks and other commercial trucks are massive vehicles capable of causing horrific destruction in an accident. In 2019, over 5,000 large commercial trucks were involved in fatal collisions. Sadly, many truck accidents are preventable. If your loved one was killed in a truck accident due to the negligent actions of the truck driver or another party, you may have the right to pursue legal action against the at-fault party. A wrongful death claim may enable you to seek justice for your loved one’s death and recover financial compensation for damages.

Liability for the Crash May Be Complicated

If your loved one passed away in a crash involving a large truck, you may understandably be looking for someone to blame. The at-fault party for a large truck crash is sometimes the driver. Intoxicated driving, distracted driving, speeding, and sleep deprivation are just some of the potential causes of the crash. However, the trucking company may ultimately be liable even if the driver’s actions caused the accident. If the crash was caused by faulty tires, brakes, or another defective truck part, the company that designed, sold, or manufactured the defective components may be to blame. Determining liability for a truck crash is often one of the most complicated aspects of a truck accident case.

You Will Need a Solid Case Backed by Strong Evidence

To bring a successful truck accident injury or death claim, you must have evidence to support the claim. Trucking companies and insurance companies often try to shift the blame for an accident onto the victim. To build your case, you will need evidence such as event data recorder (EDR) information, photos and videos, witness statements, police reports, medical records, and more. Your lawyer can help you obtain and preserve evidence.