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IL accident lawyerMotorists driving on public roads have a legal “duty of care” to the people around them. This means that drivers have a legal obligation to follow traffic laws and drive in a reasonably prudent manner. Driving with “willful or wanton” disregard for others’ safety is considered reckless driving. If your family member was killed in a reckless driving accident, it is important to know your rights. You may be able to hold the driver civilly accountable for your loved one’s death in addition to any criminal consequences the driver faces.

Criminal Penalties for Reckless Driving That Results in a Person’s Death

Reckless drivers do not usually intend for anyone to be injured or killed. Nevertheless, driving at excessive speeds or with gross negligence can lead to criminal charges. In Illinois, a motorist who causes an accident that results in death may be charged with reckless homicide. This Class 3 felony is punishable by a jail sentence of up to five years. Criminal charges brought by the state against the reckless driver may get justice for your loved one, but criminal charges do not address the damages suffered by the surviving loved ones. In addition to criminal charges, you may also be able to bring a civil claim against the reckless driver.

You May Bring a Wrongful Death Claim Against the Driver

Whether the reckless driver faces criminal consequences for your loved one’s death or not, you may be able to bring a wrongful death claim against the driver. A wrongful death claim is a civil claim that is brought by a personal representative of the deceased person instead of the state. A wrongful death claim may benefit you and your family by:

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IL car accident lawyerLosing a spouse in a fatal car accident, truck accident, or motorcycle accident is a nightmarish experience to endure. Not only must the surviving spouse deal with profound grief and sorrow, he or she must also deal with the financial fallout caused by the death. If you have lost a spouse in an auto accident, you may be unsure of how you will pay for your loved one’s medical bills, funeral costs, and other expenses resulting from the death. You may also worry about how you will pay your mortgage and other bills without your loved one’s financial support. A wrongful death claim may enable you to recover financial compensation for these and other expenses.

What Is a Wrongful Death?

Illinois law allows surviving family members to bring a wrongful death claim and pursue damages if their loved one’s death was:

  • Caused by another party’s negligent or wrongful act and
  • Had the deceased person survived, he or she would have been entitled to bring a legal action for damages
  • A wrongful death claim can be thought of as a personal injury claim that is brought on a deceased person’s behalf. A successful wrongful death claim may be possible if your spouse died in a car accident involving:
  • Distracted driving including texting while driving
  • Driving under the influence of alcohol or drugs
  • Reckless driving
  • Fatigued driving
  • Road defects
  • Vehicle defects
  • Other types of negligence

Compensation in a Wrongful Death Claim

A wrongful death claim is a civil claim that may or may not accompany criminal charges against the at-fault driver. Not only can a wrongful death claim enable you to recover possibly financial compensation, it can also help hold a negligent or reckless driver accountable for the harm he or she caused. Though a wrongful death claim, you may be entitled to compensation for:

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Waukegan Fatal Car Accident Lawyer Illinois drivers can take some comfort in the state’s fatal car accident statistics for January through May 2019. Compared to the same period last year, there were 98 fewer fatalities this year, down from 394 in 2018 to 296 this year.

City streets had the most fatalities, with 115 deaths. US and state routes accounted for 76 deaths, followed by interstate highways at 53 and county/township roads accounting for 52.

Roughly one-third of the fatalities (96) occurred in Cook County, with 18 in Will County and 9 in Lake County.

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motor vehicle accidents, Lake County personal injury attorneys, elderly drivers, fatal car accident, car accident statisticsAn elderly Lisle man suffered fatal injuries after a collision late Tuesday night on Ogden Avenue. The accident occurred when the man, who was driving a blue Nissan Rogue, crossed into the other lane of traffic and collided with a black Acura. Both Acura passengers remain in critical condition. The fatal accident serves a somber reminder of the risks elderly drivers face, as the 74-year-old man falls within an age demographic of drivers that disproportionately face risk of fatality while driving.

According to the Insurance Institute for Highway Safety (IIHS), elderly drivers face higher risks of fatal motor vehicle accidents than all age demographics other than teen drivers. In 2015 alone 240,000 elderly drivers suffered fatal injuries throughout the United States. If you or a member of your family are injured in an automobile collision, contact our experienced team of Waukegan personal injury attorneys to discuss your case today.

Why Are Elderly Drivers at Risk?

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Illinois personal injury lawyer, Illinois wrongful death attorney, Illinois car accident lawyer,Automobile accident fatalities can be caused by a wide range of injuries, including head trauma and damage to internal organs, but severe bleeding is the number one cause. It is also fairly preventable, if immediate action is taken to control the bleeding. A city in Maryland has set its sights on giving the community the tools and resources it needs to take that action through the placement of “bleeding kits” throughout the community. But just how effective is this initiative likely to be? And will Illinoisans see similar initiatives in the near future?

“Stop the Bleed” Initiative

The “Stop the Bleed” initiative is based on one simple principle: stop the bleeding and potentially save a life. Education, resources (including posted signs), and kits that include everything needed to provide basic first aid to bleeding accident victims are all a part of the plan. More than 100 equipped kits are expected to be placed in community areas, including libraries, schools, and community centers, and senior citizen centers. Most will be placed near AED units that are already available.

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