Fatal Auto Accidents: Steps Families Should Take Immediately

When you lose a loved one in a fatal car accident, the shock is enough to completely overwhelm you. Families are left with unbearable grief and a pressing need to take care of their loved one’s final affairs—stressful in the best of circumstances, but completely unthinkable after an unexpected accident.

No legal action can ever make up for what you’ve gone through. But what you do in the hours, days, and weeks after a fatal accident does matter. They put you on the path to securing justice for your loved one and holding negligent drivers accountable. Learn more about your next steps and discuss your legal options now by calling Gainsberg Injury and Accident Lawyers.

1. Contact the authorities

The most important step after a car accident is to call 911 and report it. Police must respond to secure the scene, talk to witnesses, and file an accident report. If you crash in the city limits, the Chicago Police Department will typically respond. Collisions on highways may also involve the Illinois State Police, and collisions in Chicagoland suburbs are handled by their respective police departments.

2. Preserve evidence at the scene

This will likely be one of the last things you’re thinking about after an accident, but if you can spend a few minutes gathering important evidence, it can be very helpful to you down the line. The hours after a fatal accident are chaotic, but they are also your only chance to preserve certain forms of evidence. Skid marks fade, vehicles are removed, and glass and metal are cleaned up from the streets in the hours following a crash. If you are mentally and physically able, try to get photos of the vehicles, crash debris, weather conditions, and signage. You should also get contact information for witnesses and take note of any nearby intersections or businesses that may have cameras. If you aren’t able to do so, try to find a trusted friend or loved one who can take on this task for you.

3. Get the police report and coroner’s findings

Families should request a copy of the official police crash report as soon as it’s available. The report includes officer observations, witness statements, and, in most cases, a preliminary determination of fault. Another important piece of documentation is the Cook County Medical Examiner’s report, which includes the cause of death. This is important because it can help establish how the accident (and, as a result, the other driver’s behavior) led to your loved one’s death.

Note that you don’t have to read these reports just because you’re the one handling the task of getting the documentation together. It can often be very difficult for loved ones to read this information, especially right after the accident. You may want to simply hold onto the records until you can pass them along to your car accident attorney.

4. Don’t speak to insurance adjusters alone

Don’t be surprised if the other party’s insurance adjuster reaches out within a couple of days of your family member’s death. They may sound kind and sympathetic—and likely, they do feel bad for you on a personal level—but their goal is ultimately to limit their company’s financial losses. Fatal accidents can be extremely expensive for insurance companies, so they jump into action quickly to try to control the narrative and get the family to agree to a small settlement.

It’s sad that you even have to think about this while grieving, but the insurance company’s sympathy can be used to disarm you and get you to say things that can be used against you. For example, a statement like, “He was on his way home after a long day of work,” can be twisted and interpreted as “He was driving while fatigued and likely played a role in the accident.” It is safer to let your attorney speak to the insurance company on your behalf.

5. Get an overview of Illinois wrongful death claims and survival actions

The Illinois Wrongful Death Act allows surviving loved ones to recover compensation for the loss of their loved one’s financial support, companionship, affection, and other forms of support. Another form of compensation is a survival action. This provides compensation for the damages suffered by the decedent up until their death. For example, if they went through extensive medical treatment before passing away or suffered significant pain and suffering before succumbing to their injuries, a survival action may compensate the estate for those losses.

6. Seek legal counsel

We understand that this is likely one of the hardest things you’ll ever go through. Navigating the legal process of seeking justice for your loved one and managing your own grief is overwhelming, and frankly, you should not have to do it alone. Your fatal car accident lawyer can secure surveillance footage before it’s erased, bring in expert witnesses, dig through the documentation and records, and negotiate or litigate as needed. Ideally, you would be able to go through this at a later time, when you have had time to process your own loss—but unfortunately, the clock starts ticking on a wrongful death claim immediately. The statute of limitations only allows you two years to file. The right lawyer will handle the legal fight so you and your family can focus on healing.

Contact Gainsberg Injury and Accident Lawyers

If a car accident has caused unimaginable loss and grief for your family, you have options to seek justice for your loved one and prepare for the next stage of your life. We are committed to handling these cases with the tact and empathy they deserve. Set up a consultation now by calling us or connecting with us online.