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Chicago Fatal Car Accident Lawyer

Seek Justice for Wrongful Death Caused by Other Drivers

Losing a loved one in a car crash is devastating, especially when another driver’s actions caused the crash. Our law firm stands with families throughout Chicago who are seeking answers and accountability. As a trusted Chicago fatal car accident lawyer team, we focus on helping surviving family members pursue financial compensation through wrongful death claims. With years of experience handling severe motor vehicle accident claims across the city, we understand the legal and emotional challenges these cases bring. Our personal injury law firm is here to help you hold the responsible party accountable and recover the support your family needs during this painful time.

Car accident law firm handling fatal cases

Settlements We Have Recovered in Fatal Car Accident Cases in Chicago

$8,979,000 Settlement – Luis was killed when a commercial delivery truck made an illegal left turn near West Loop. The delivery company disputed liability, but traffic camera footage and eyewitness accounts proved fault. His family secured an $8.97 million settlement after showing significant future income loss and emotional hardship.

$4,000,000 Settlement – Maya was a passenger in a rideshare vehicle traveling through River North when the driver ran a red light and collided with another car. She died at the scene. Her family’s wrongful death case highlighted driver negligence and the rideshare company’s hiring practices, leading to a $4 million settlement.

$4,000,000 Settlement – John was riding as a passenger on a business trip through downtown Chicago when the driver lost control and crashed. His family brought a wrongful death claim, citing employer negligence and unsafe driving. The case was resolved for $4 million after extensive investigation and expert testimony.

Why Choose Our Law Firm

We have built a strong reputation as a top-rated personal injury law firm, with a proven track record of securing results for families affected by fatal crashes. Our Chicago car accident lawyer team has recovered millions in settlements and is recognized for our dedication, courtroom skill, and client-focused approach. Recognized by Super Lawyers and having a perfect 10.0 score on Avvo for our high-value results, we’re trusted to handle the most serious cases involving wrongful death.

What Are Common Causes of Fatal Motor Vehicle Accidents in Chicago?

Fatal motor vehicle accidents in Chicago are often caused by preventable behavior. Understanding what leads to these tragic crashes can help families make sense of what happened and may also support a strong car accident claim.

Speeding

High speeds reduce reaction time and increase the severity of impact. Many fatal crashes in Chicago involve drivers going well over the posted limit, especially on highways and near dangerous intersections.

Distracted Driving

Phone use, GPS, eating, and other distractions pull a driver’s attention from the road. Even a moment of inattention can lead to deadly results in city traffic.

Drunk Driving

Alcohol and drug impairment remains a significant factor in fatal car crashes. Drunk driving crashes often occur at night and involve high-speed or head-on collisions.

Reckless Driving

Weaving through traffic, aggressive lane changes, and road rage put others at serious risk. These behaviors frequently lead to fatal crashes on busy Chicago streets.

Failure to Yield at Intersections

Ignoring stop signs or red lights–especially at dangerous intersections in Chicago like those near downtown or on the South Side–can cause deadly T-bone or pedestrian accidents.

What Damages Can Be Recovered Through a Fatal Car Accident Lawsuit?

When a loved one is tragically lost in a car crash, their family may be entitled to financial compensation under the Illinois Wrongful Death Act (740 ILCS 180/). The law allows surviving family members to seek damages for their loss, both emotionally and financially. The following damages can typically be recovered through a fatal car accident lawsuit:

  • Funeral and burial expenses
  • Medical expenses before death
  • Loss of financial support
  • Pain and suffering
  • Loss of companionship and consortium

In cases where the at-fault driver was grossly negligent or intentionally reckless (such as in cases of drunk driving), the court may award punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.

What Is the Average Settlement for a Fatal Motor Vehicle Accident Case in Chicago?

According to Law.com’s VerdictSearch, the average settlement or verdict for a fatal motor vehicle accident case in Chicago is $5,503,141, with a median of $2,750,000. Settlements and verdicts range widely–from as low as $30,000 to as high as $38,300,000–depending on the specific facts of each case.

Several key factors influence the value of a fatal car accident lawsuit, including:

  • Liability and fault: If the other driver is clearly at fault, the case value tends to be higher.
  • Age and income of the deceased: Younger car accident victims with long earning potential and financial dependents often result in larger compensation due to projected lost wages and benefits.
  • Pain and suffering: If the deceased survived for any time after the crash, this may increase damages awarded for conscious pain and suffering.

Working with a car accident attorney can significantly impact the outcome. Experienced lawyers know how to value a wrongful death claim accurately and push back against the insurance company.

Example Cases Filed in Cook County

$33.1 Million Verdict – Fatal Construction Zone Crash on I-294

Aaron Swenson, 31, died in a five-vehicle collision caused by a speeding and impaired delivery van driver in a construction zone near Roosevelt Road. His pregnant wife later suffered a miscarriage, which was not found to be legally caused by the crash. Swenson’s estate received over $22.7 million for lost income, grief, and loss of society. A second plaintiff, Joseph LeSanche, a student injured in the crash, was awarded $12.3 million for lifelong car accident injuries and emotional trauma, plus $100,000 in punitive damages.

$22.5 Million Verdict – Road Worker Killed in Rear-End Crash by Tractor-Trailer

Lewis Lingafelter Jr., 27, was performing road maintenance on I-294 in Proviso Township when he was fatally struck by a tractor-trailer that rear-ended a state toll authority vehicle. The truck driver and his employer admitted negligence. The jury awarded $22.5 million to Lingafelter’s wife and child for loss of society and pecuniary losses.

$17.5 Million Verdict – Pedestrian and Unborn Child Killed in Police Chase Crash

Qing Chang, 25, who was several weeks pregnant, was killed when a suspect’s car–fleeing from police at high speed–ran a red light and jumped the curb in downtown Chicago. Her unborn child also died. The City of Chicago was found 75% at fault for continuing the pursuit against orders. The jury awarded $17.5 million, including $12.5 million for Chang’s estate and $5 million for the unborn child.

Why You Need a Chicago Fatal Car Accident Lawyer

Fatal motor vehicle crash claims in Chicago are among the most complex and emotionally charged types of personal injury litigation. These claims often involve multiple parties, conflicting witness statements, and aggressive defense strategies, especially when corporate or commercial motor vehicles are involved. Proving wrongful death requires not just establishing fault, but also demonstrating the full impact of the loss on surviving family members, which can be difficult without skilled legal support.

In Cook County, wrongful death lawsuits are typically filed in the Circuit Court of Cook County, where procedural rules and evidentiary requirements must be followed closely. Defendants may include drivers, employers, rideshare companies, or others whose negligence contributed to the crash. A knowledgeable Chicago car accident attorney knows how to build a strong case under Illinois law, push back against the insurance company, and pursue the full value of the claim in or out of court.

Wrongful death claims involving motor vehicle crashes

How Common Are Fatal Car Accidents in Chicago?

According to the Illinois Department of Transportation’s 2023 Crash Report, there were 158 fatal crashes in Chicago, resulting in 167 deaths. 131 fatal crashes happened during clear weather, highlighting that dangerous driving–not dangerous weather–is a leading cause of deadly accidents. An alarming 99 fatal crashes involved unimpaired drivers. 94 fatal crashes happened on lighted roads after dark, resulting in 102 deaths. Weekends accounted for 90 of all traffic fatalities, likely due to increased travel and late-night traffic. These deaths didn’t happen on remote roads. Urban principal arterials accounted for 43 deaths, and urban minor arterials and major collectors were each linked to 41 deaths. 67 fatal crashes occurred in areas with no traffic control devices in place. 51 fatal crashes happened at intersections with traffic signals, and stop signs were present in another 18 fatal crashes.

Where Do Fatal Car Crashes Occur Most Often in Chicago?

Fatal car crashes in Chicago often happen in areas with heavy traffic, construction activity, or a high volume of commercial motor vehicles. Deadly crashes are common along Interstate 90/94 (Dan Ryan Expressway) due to congestion and aggressive lane changes, especially during rush hour. I-294 near Roosevelt Road is another high-risk area, frequently involved in multi-vehicle and truck-related collisions. Lake Shore Drive, particularly near the Oak Street curve, sees fatal crashes due to speeding. Intersections like 87th and Western and Madison and Des Plaines have a history of serious incidents involving pedestrians. South Ashland Avenue, near industrial employers, and areas around O’Hare and warehouse zones also carry high fatality rates due to increased commercial traffic. Knowing where fatal accidents happen can be vital when building a case. A Chicago car accident attorney can investigate whether poor road conditions, traffic control failures, or third-party negligence contributed to the crash.

Who Can File a Fatal Car Accident Claim?

Under the Illinois Wrongful Death Act (740 ILCS 180/), a fatal car accident claim must be filed by the personal representative of the deceased person’s estate. This person is often named in the deceased’s will or appointed by the court if no will exists. In most cases, the personal representative is a surviving spouse, adult child, or parent of the deceased.

How Long Do Family Members Have to File a Wrongful Death Claim in Illinois?

In Illinois, family members typically have two years from the date of death to file a wrongful death claim. Failing to file within this period can result in the case being permanently dismissed. Working with a Chicago car accident lawyer early on can help preserve evidence and ensure all legal deadlines are met.

Who Can Be Legally Liable for Fatal Auto Accidents in Chicago?

In fatal auto accident cases in Chicago, multiple parties may be held legally responsible depending on how the crash occurred. Identifying all liable individuals or entities is critical for a successful car accident claim. Common defendants include:

  • Other drivers – A negligent or reckless motorist who caused the crash through speeding, distracted driving, running a red light, or drunk driving is often the primary liable party.
  • Employers of the driver – If the at-fault driver was working at the time of the crash (such as a delivery or commercial truck driver), their employer may be held liable under respondeat superior.
  • Rideshare companies – If the crash involved an Uber or Lyft driver transporting passengers or working in driver mode, the company may share responsibility depending on the driver’s status and conduct.
  • Motor vehicle manufacturers – In cases involving defective vehicle components (such as faulty brakes or airbags), a product liability claim may be brought against the manufacturer.
  • Government entities – The City of Chicago or other local agencies may be liable if poor road design, unmarked hazards, missing signs, or malfunctioning traffic lights contributed to the accident.
  • Construction contractors or third-party vendors – If the crash occurred in a work zone and safety measures were not properly followed, a contractor may be held accountable.

A skilled Chicago car accident lawyer can investigate all aspects of the crash to determine which parties should be included in a wrongful death or personal injury claim.

Common Defenses in Chicago Car Accident Cases Involving Fatalities

In fatal motor vehicle accident cases, defendants often rely on strategies aimed at limiting or avoiding liability. A common defense is comparative fault, where they claim the deceased was partly responsible for the crash. If they succeed in proving more than 50% fault, the family may lose the right to compensation. We challenge this by presenting accident scene evidence, witness statements, and expert analysis showing the other driver was primarily to blame. Another frequent argument is that a pre-existing medical condition–not the accident–caused the death. Illinois law allows recovery if the crash contributed to or worsened the condition. Defendants may also try to minimize damages by claiming the victim wasn’t wearing a seatbelt or that punitive damages aren’t warranted. In response, we focus on proving driver negligence. An experienced car accident lawyer can anticipate these tactics and protect your right to pursue full compensation.

How to Strengthen Your Fatal Car Accident Case in Chicago

To strengthen a fatal motor vehicle crash claim in Chicago, it’s essential to act quickly and preserve key evidence. Start by obtaining the police report, medical records, and any available accident scene photos or surveillance footage. If possible, gather witness contact information and note nearby businesses or traffic cameras. Avoid speaking with the insurance company before consulting a Chicago fatal car accident lawyer, as early statements can be used against your claim. Opening an estate promptly allows the legal process to begin. Working with an experienced car accident attorney ensures evidence is preserved and deadlines under Illinois law are met.

How a Chicago Fatal Car Accident Lawyer Can Help

A Chicago fatal car accident lawyer plays a critical role in protecting your family’s interests after a devastating loss. From the start, we handle all communication with the insurance company and other parties so you can focus on healing. We investigate the crash thoroughly, gathering police reports, traffic camera footage, and expert opinions to determine fault and build a strong car accident claim. If the case involves a commercial driver, rideshare company, or government agency, we identify all liable parties and preserve crucial evidence. We also manage the legal process of opening an estate and filing a wrongful death lawsuit in Cook County courts. Throughout the case, we calculate the full extent of your losses, including the devastating emotional impact, and work to recover damages through settlement or trial. With a top-rated car accident attorney on your side, your case is handled with the experience and attention it deserves.

Book a Free Consultation

If you’ve lost a loved one in a fatal crash, an experienced Chicago motor vehicle accident lawyer from our personal injury law firm is ready to stand with you. We offer a free consultation to help you understand your rights and legal options. There’s no fee unless we win your case; our law firm works on a contingency basis, so you pay nothing up front. Let us guide you through this difficult time and fight for the compensation your family deserves.

Client Reviews

After working with lawyers for several different issues, I was very pleased with the way that my car accident injury case was handled by the attorneys at Rosenfeld Injury Law. The team was professional and responded to my calls quickly whenver I would leave a message. When the case got settled, I...

Sheila M.

Even if you think you can handle a car crash case on your own, I would strongly suggest that you speak to an attorney at Rosenfeld Injury Lawyers. There are many subtle things that can impact the amount of money that you clear from the case. These people know it all and can steer you towards...

Maria S.

My teenage son was hit by a company truck in an intersection. At first, the insurance for the truck company tried to blame my son for the crash. The Rosenfeld team was able to secure video footage from a store nearby that showed otherwise. They literally made the case for us. Thank you.

Jermain S.

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