Hit While Your Car Was on the Side of the Road? You May Be Able to Sue

 Posted on October 29, 2024 in Car accidents

Losing a loved one in an accident, like the recent tragedy on I-294 involving a semi-truck that hit a passenger outside a disabled car on the highway, is devastating. In such cases, family members may have rights under Illinois law to seek justice and compensation. For families in Illinois who are suffering after the loss of a loved one in a car accident, understanding wrongful death lawsuits, traffic laws, and the damages that may be available are all issues that an Illinois personal injury attorney can help with. 

How Does Scott’s Law Affect Fatal Accidents?

Illinois’ "Scott's Law," also known as the "Move Over Law," requires drivers to reduce speed, change lanes, and proceed with caution when approaching disabled vehicles or emergency responders. If a driver violates Scott’s Law, especially in cases involving large vehicles like semi-trucks, he may face significant penalties, including liability in a wrongful death lawsuit if this violation contributed to a fatal accident. Scott’s Law aims to protect people outside of their vehicles on Illinois roadways, adding another layer of accountability for drivers who do not act responsibly.

What Is a Wrongful Death Claim, and Who Can File?

A wrongful death lawsuit allows family members to pursue compensation for losses from a loved one’s death due to another party’s negligence or wrongful act. In Illinois, wrongful death lawsuits can be filed by a representative of the deceased person’s estate, which is usually a surviving spouse, parent, or adult child. These claims are intended to cover both economic and non-economic damages that result from the loss, providing financial support for the family and addressing the emotional impact.

Who Pays Damages in a Wrongful Death Case?

Determining responsibility in a wrongful death case can be difficult, especially in accidents involving commercial vehicles like semi-trucks. If the at-fault driver was a semi-truck driver, the driver’s employer might be responsible for paying damages under the doctrine of respondeat superior, which holds employers liable for employees’ actions on duty. 

In other cases, liability may be shared between multiple parties, such as:

• The truck driver

• The trucking company owner

• Other drivers if multiple vehicles were involved

• Trucking maintenance companies

• The victim of the accident

In Illinois, families may seek compensation from the responsible party’s insurance or, if necessary, through legal action directly against the company or individual responsible.

What Types of Damages Are Available in a Wrongful Death Claim?

In Illinois, wrongful death claims can cover several types of damages. These damages may include:

• Medical Expenses: Any medical care provided to the deceased before death as a result of the accident

• Funeral and Burial Costs: Costs associated with honoring and laying the deceased to rest

• Loss of Financial Support: Compensation for the income the deceased would have contributed to the household

• Loss of Companionship: Compensation for the emotional support, love, and guidance the deceased provided

• Pain and Suffering: Some claims may cover the pain and suffering endured by the deceased before passing away

These damages help families recover financially from the loss, especially if the deceased was a primary source of income or emotional support.

What Happens if the Person Struck Had Survived?

If the victim survives an accident, the case could shift from a wrongful death claim to a personal injury lawsuit. In such situations, the injured person could pursue compensation for their medical expenses, lost income during recovery, and ongoing rehabilitation costs. Additional damages could cover long-term disability, pain and suffering, and diminished quality of life if the injuries resulted in significant lifestyle changes. Surviving victims often face extensive medical treatments and associated costs, making a personal injury claim essential to getting fair compensation for these life-altering impacts.

Contact a Park Ridge, IL Car Accident Lawyer for Assistance

Navigating a wrongful death claim can be overwhelming, especially when dealing with insurance companies and multiple liable parties. If you have lost a loved one in an accident involving a semi-truck or another vehicle, a Des Plaines, IL wrongful death attorney at Quinn Law Group, LLC can help you understand your rights and pursue the compensation you deserve. Contact us at 847-232-7180 to discuss your case and receive compassionate, professional guidance during this challenging time.