What Happens When Someone Dies in a Car Accident

When someone dies in a car accident, a series of legal processes begins to investigate the cause and hold the responsible party accountable, which can include both a criminal case and a separate civil claim filed by the family.

For the surviving loved ones, this time is filled with overwhelming grief and confusion. Understanding what happens when someone dies in a car accident can provide a small measure of clarity during one of life’s most profound challenges, offering a path to find answers and seek justice for your loss.

The loss of a family member is a devastating event that no one is ever prepared for. The sudden and violent nature of a fatal car crash adds another layer of trauma and questions.

While legal proceedings can feel daunting, they are designed to provide a framework for accountability and support for the families left behind. This process is not about assigning blame in anger, but about securing a future for those who depended on the person they lost.

The Two Roads to Justice: A Criminal Case vs. a Civil Claim

After a fatal car accident, it is crucial to understand that two separate and parallel legal paths may unfold. They have different goals, are handled in various courts, and can have completely different outcomes.

The Criminal Case
This is the process most people are familiar with from news reports. Its purpose is to punish a wrongdoer for breaking the law.

Who is in charge: The government, represented by the local State’s Attorney’s office, brings charges against the at-fault driver.
The goal: To prove beyond a reasonable doubt that the driver committed a crime, such as Reckless Homicide or Aggravated Driving Under the Influence (DUI).
The outcome: Potential penalties include jail time, fines, and a criminal record for the defendant.

The family of the person who passed away has a limited role in this process. While the prosecutor may speak with you, the case belongs to the State of Illinois. A criminal case can provide a sense of justice being served, but it does not provide any financial compensation to the family for their immense losses.

The Civil Claim (Wrongful Death)
This is a separate legal action that the family can pursue. Its purpose is to provide financial relief for the harm the family has suffered due to their loved one’s death.

Who is in charge: The family, through a legal representative, files a claim against the at-fault driver, their insurance company, and potentially others like a trucking company or vehicle manufacturer.
The goal: To prove that the driver’s negligence (a legal term for carelessness) more likely than not caused the death. The standard of proof is lower than in a criminal case.
The outcome: Financial compensation, known as damages, paid to the surviving family members.

A civil claim for wrongful death can proceed even if there are no criminal charges, or even if the driver is found not guilty in criminal court. These two paths are entirely independent.

Wrongful Death Claim in Illinois

In Illinois, the Wrongful Death Act (740 ILCS 180/) recognizes that a death caused by negligence creates significant and tangible losses for the surviving family.

The claim is filed by a person known as the “personal representative” of the deceased person’s estate. This individual acts on behalf of the surviving family members who are the beneficiaries of the claim.

These beneficiaries typically include:

The surviving spouse
The surviving children
In some cases, surviving parents or siblings if there is no spouse or child

This legal action is a formal way of acknowledging the profound impact the death has had on the family’s life, both emotionally and financially. It is about seeking stability and support for the future that has been so drastically altered.

What Losses Are Acknowledged in a Wrongful Death Claim?

No amount of money can ever replace a person. The legal system understands this. The goal of compensation, or damages, in a wrongful death claim is not to assign a value to a life, but to recognize the full scope of the losses the family has endured.

It is meant to provide financial stability and acknowledge the non-financial harm.

In Illinois, a family may be able to seek compensation for a range of losses, including:

Sorrow, Grief, and Mental Suffering: The law acknowledges the profound emotional pain and grief experienced by the surviving spouse and next of kin.
Loss of Financial Support: This includes the income, benefits, and other financial contributions the deceased person would have provided to the family throughout their lifetime.
Loss of Companionship, Instruction, and Society: This recognizes the loss of the love, guidance, comfort, and companionship that the person provided to their family. For a child who has lost a parent, this includes the loss of instruction and moral training.
Medical and Funeral Expenses: The claim can include the costs of any medical treatment the person received between the accident and their passing, as well as the reasonable expenses for a funeral and burial.

Another related action, often filed alongside a wrongful death claim, is a “survival action.” Based on the Illinois Survival Act (755 ILCS 5/27-6), this seeks compensation for the pain and suffering the deceased person experienced before they passed away.

The Investigation Process After a Fatal Crash

When a fatal accident occurs on a road like I-90 or a local street in the Chicago suburbs, the investigation is far more intensive than a standard fender bender. Law enforcement agencies often deploy a specialized Major Crash Assistance Team (MCAT) to the scene.

They meticulously preserve and analyze evidence, which may include:

Taking precise measurements of the crash scene, including skid marks and the final resting place of the vehicles.
Downloading data from the vehicles’ “black boxes,” showing speed, braking, and other critical information.
Interviewing any witnesses and securing surveillance or dash cam footage from the area.
Conducting a thorough inspection of the vehicles involved for any mechanical failures.

This evidence is vital for both the criminal case and the civil claim. It helps build an objective, fact-based account of what happened and who was responsible for the tragic outcome.

Social Media and Public Attention After a Tragedy

In today’s connected world, news of a serious accident can spread instantly. While friends and community members often rush to offer support online, this public attention can create unexpected challenges for a grieving family.

Navigating social media platforms like Facebook and well-intentioned public fundraisers requires careful thought. What you and your family share online can be seen by everyone, including the insurance companies involved in your case, and your words and pictures can be misinterpreted in ways you never intended.

It is natural to want to share a tribute or connect with loved ones online. However, being mindful of your digital footprint during this sensitive time is wise. Protect your family’s privacy and the integrity of any future legal claim by considering these points before you post:

Everything is Permanent: Assume that anything you post online is public and permanent, even in a “private” group or on a profile with high privacy settings. Insurance companies for the at-fault party often search social media for any information they can use to devalue a claim. A simple comment or photo can be saved and used later.
Words Can Be Twisted: An innocent post can be omitted from context. For example, a comment like “we are hanging in there” or a photo of a surviving child having a brief happy moment could be used by an insurance adjuster to argue that your family’s grief and suffering are not as severe as you claim. It is an unfair tactic, but a common one.
Managing Online Fundraisers: Well-meaning friends may start a GoFundMe or other online fundraiser to help with expenses. While the gesture is kind, it is best if the family has control over this process.

The language used on the fundraising page and the management of the funds can sometimes become an issue in a legal case. It is okay to politely ask friends to let the immediate family manage these efforts.

Protecting your family’s story is part of the process. Being cautious with what you share publicly ensures that the narrative of your loss is not unintentionally compromised, giving you more control during a time when so much feels out of your hands.

FAQ

How long do we have to file a wrongful death claim in Illinois?

Generally, in Illinois, a wrongful death claim must be filed within two years from the date of the person’s death. This deadline, known as the statute of limitations, is very strict, and missing it can mean losing your right to take legal action.

What if the at-fault driver was uninsured or did not have enough insurance?

This is a heartbreaking and complex situation. In these cases, you may be able to file a claim under the “uninsured/underinsured motorist” coverage of your own family’s auto insurance policy. This is a part of your policy designed to protect you in exactly this type of scenario.

What if the driver who caused the accident also died in the crash?

Even if the at-fault driver passed away in the collision, a wrongful death claim can still be pursued. The claim would be made against the deceased driver’s estate and would typically be handled and paid by their automobile insurance company.

Can we still file a claim if our loved one was partially at fault for the accident?

Yes, in many cases you can. Illinois follows a “modified comparative negligence” rule. This means you can still recover compensation as long as your loved one was not more than 50% responsible for the accident. Their percentage of fault would reduce the amount of compensation.

How does a life insurance payout affect a wrongful death claim?

Life insurance benefits are separate from a wrongful death claim. A life insurance policy is a contract that pays out upon death, regardless of fault.

A wrongful death claim is based on the negligence of another party. Receiving life insurance does not prevent you from pursuing a wrongful death claim.

A Path Toward Accountability and Healing

Losing someone you love in a car accident is a life-altering tragedy. Amid your grief, the thought of legal action can be overwhelming. Yet, it is often necessary to secure your family’s future and find a sense of justice for a life cut short.

While no legal process can bring your loved one back, holding the responsible party accountable can be a meaningful part of the healing journey.

The team at Vito & Dollenmaier Law understands the immense weight your family is carrying. Our approach is built on providing compassionate support and being a determined voice for those who can no longer speak for themselves.

If you need to talk, we are here to listen. Please call us at (224) 539-8821 for a confidential, no-cost conversation.