What Legal Options Do Families Have After a Fatal Truck Accident in Chicago?

Truck accidents are among the most devastating in the Chicago area and cost too many people their lives. Thousands of tractor-trailers weighing up to 80,000 pounds barrel down Interstates 55, 90, 94, and 294, the Dan Ryan Expressway, and other corridors daily, and the results can be catastrophic.

Families’ legal options after fatal truck crashes in Chicago include wrongful death claims, survival actions, or both. For example, relatives may seek compensation for their financial losses and emotional suffering. The deceased’s estate can also seek damages for the pain and suffering a person experienced before death, among many other things. A Chicago fatal truck accident lawyer can discuss compensation, possible next steps, and potentially liable parties with you.

Which family members can seek compensation or damages?

For wrongful death claims, the surviving spouse and next of kin can seek compensation. The personal representative (executor or administrator) of the deceased’s estate files the claim, but the Illinois Wrongful Death Act specifies the beneficiaries as being the spouse and next of kin. Depending on the makeup of the family, next of kin could mean children, parents, siblings, or other relatives.

For survival actions, the deceased’s will or estate plan or Illinois intestacy law (the latter being inheritance when there is no will) determines who receives damages. The personal representative files the claim on behalf of the estate. The claim may request damages for conscious pain and suffering, medical expenses, lost earnings between injury and death, and other damages the deceased could have recovered if they survived.

Can nonfamily members get damages after a fatal truck accident in Chicago?

A valid will or estate plan may govern who receives damages in a survival action. This means people or organizations not related to the deceased might benefit if that is what the will or estate plan specifies. A good friend or beloved charity could get damages, for instance. Often, though, family members are the primary or only people named.

The law treats survival action damages as assets of the estate. Distribution depends on specific terms; for instance, if the deceased left half of his estate to one relative and half to another, these two relatives theoretically would equally split damages. In practice, the estate must address debts, expenses, and various obligations that could change what happens.

If the deceased had terms along the lines of, “I leave my house to [specific relative], my vehicles to [other relative], and everything else to [specific charity],” then the charity might get the damages. There’s a clause called the residuary clause that should cover any assets not explicitly mentioned, but wills and estate plans can address assets and lawsuit recoveries acquired after death.

Who do families file claims or lawsuits against?

Families, through the estate’s personal representative, usually pursue claims through the insurance policies covering the liable parties and, if a lawsuit becomes necessary, file against the responsible people or companies. In a Chicago fatal truck accident, a lawyer investigates extensively to identify liable parties. Many may be involved. For example:

• The truck driver (perhaps due to fatigued driving or speeding excessively)
• The trucking company contracting or employing the driver (perhaps due to pressuring drivers to skip rest breaks or ignoring maintenance schedules)
• A freight broker or logistics company
• The cargo loader company
• The truck maintenance or repair company, if negligent upkeep contributed to the crash
• The manufacturer of a defective truck part
• Another car driver who was involved in the crash

If insurance policies do not cover everything, a liable company’s assets may be used to pay the remainder. Sometimes, the deceased’s uninsured/underinsured motorist claim pays something, but, in general, the deceased’s insurance is not the primary source of compensation or damages. A fatal truck accident Chicago lawyer explores all possible avenues of liability and compensation.

What compensation can loved ones ask for in wrongful death claims?

Nothing ever comes close to making up for such a permanent loss. Your truck accident lawyer may seek compensation for losses of companionship, financial support, and future income and benefits. Additional types of compensation may include mental suffering, and the estate may separately seek funeral and burial expenses. If the deceased was the primary wage earner or a caregiver, the compensation can be even more significant.

What are survival actions after fatal truck crashes?

One example could be if a truck driver and a trucking company are liable for a crash on the Kennedy Expressway. The driver of the car hit by the truck survived for three weeks before passing away. The deceased’s estate may opt to seek damages for medical treatment, pain and suffering, and various other losses the deceased suffered during that three-week period.

Survival actions in the Chicago area are possible even if a person survives only minutes after a crash. If someone was alive for five minutes, the estate might seek pain and suffering damages if the evidence supports conscious pain and suffering. The estate could also seek damages to cover medical treatment expenses, among other expenses.

Insurance companies and courts usually take wrongful death and survival claims together, as do fatal truck accident lawyers in Chicago. Many times, lawyers are able to resolve these claims and recover appropriate compensation through insurance negotiations. If a lawsuit becomes necessary, both the wrongful death and survival actions would almost always proceed together.

What could hurt or limit families’ legal options after a Chicago truck crash?

Waiting to meet with a fatal truck accident lawyer in Chicago could significantly hurt your options. This is for many reasons, one relating to evidence. In truck crashes, the trucking companies and insurers have deep pockets and act quickly to minimize their perceived liability. Promptly consulting a lawyer should help with evidence preservation, including requests for driver logs, dashcam footage, and driver drug and alcohol tests. Additional elements include these:

• Legal guidance before speaking with insurance companies
• Meticulous documentation of financial and emotional losses/damages
• Timely action before the statute of limitations deadline passes
• Possible confusion/disagreement over the statute of limitations deadline, since much depends on the specifics of the fatal truck accident

Contact Gainsberg Injury and Accident Lawyers today to protect your rights and fight for your loved one

With loss comes grief, many questions, and uncertainty. Nothing will replace your loved one. Wrongful death claims and survival actions may provide some measure of compensation and accountability. Get in touch with us so we can discuss your situation.