Losing a family member or friend due to an accident is always emotionally difficult. This is especially so if the death was as a result of another person’s (or party’s) recklessness or negligence – or intentional acts. The trial lawyers at the Elman Joseph Law Group understand how emotionally difficult these situations are, and the many types of stresses that accompany these situations.
In cases where the death of a person (referred to as the decedent) is the result of the legal fault of another person, a wrongful death lawsuit may be filed. The party at fault may be a person, a company, another party, or a governmental agency.
The types of accidents in which wrongful death lawsuits can be filed include fatal motorcycle accidents; fatal car accidents or other vehicle accidents; dangerous conditions that led to a death, including work accidents; defective products that led to fatal injuries; wrongful deaths stemming from medical and health care, such as medical malpractice and/or deaths that occur in nursing homes; and various other types of deaths.
As seen throughout this site, there can be many reasons for a motorcyclist to have a fatal accident for reasons that are not the fault of the motorcyclist.
These reasons include:
- Other motorists’ negligence causing a fatal accident: These types of accidents can lead directly or (after a time) indirectly to the death of the motorcyclist. While there are many ways in which these types of accidents occur, among the most common type of accident is when a motorist makes a left-hand turn immediately in front of a motorcycle, thereby causing a frontal collision between the other vehicle and motorcycle. These “failure to yield” types of accidents frequently cause serious accidents, due to the opposing forces involved in such head-on collisions. Often, these accidents happen because the other motorist doesn’t “see” or otherwise notice the oncoming motorcyclist.
- Other motorists driving while intoxicated: While a common reason for collisions between cars and motorcycles is that the motorist doesn’t see or otherwise notice the motorcycle, this inability to notice the motorcycle is often worsened if the motorist is driving under the influence (DUI) on alcohol or driving while impaired on drugs. Often, collisions that occur between such impaired motorists and motorcycles are severe, as the impaired motorist doesn’t slow down due to the level of impairment before the collision occurs. Such severe collisions often lead to fatalities for the motorcyclist and, if applicable, motorcycle passenger.
- A defect in the motorcycle or its parts: Defective motorcycles or motorcycle parts are another reason that can cause the motorcyclist to crash. While there are many parts and components on the bike that can cause a crash if defective, one of the pivotal components is the tires.
- Motorcycle maintenance is another potential cause for crashes. While the lack of maintenance is problematical (and is further discussed on the “Illinois Motorcycle Maintenance” and “Mechanical Problems On Motorcycles” pages) serious safety issues can occur if the maintenance performed is not properly done. If such improper maintenance is done by a third party (such as a mechanic) and this faulty work causes a subsequent fatal motorcycle crash, it may be grounds for a successful wrongful death lawsuit.
- Road debris: Road debris can cause motorcycles to crash. Road debris may cause a motorcycle to crash if the debris is run over by the motorcycle and it leads to a motorcycle loss of control accident. If such road debris causes a fatal accident, if some party was at fault for such road debris causing the accident, that party may be found liable for the fatal accident and such may be grounds for a wrongful death lawsuit.
- Other causes of fatal motorcycle accidents, such as dangerous road conditions: There are various other factors that may lead to a fatal motorcycle accident. Among these factors are abnormal or deficient roadway conditions. Such deficiencies may include buckled pavement on the highway that causes a motorcycle to crash when the motorcycle runs over the structurally impaired area.
The reasons for motorcycle accident fatalities discussed above may be grounds for filing a successful wrongful death lawsuit. As with any lawsuit, an experienced personal injury lawyer can help you determine if the filing of a wrongful death lawsuit can and should be done. As well, the lawyer should be able to indicate how much the monetary recovery may be (i.e. “how much the case is worth.”)
As one can see in various Illinois wrongful death lawsuits, these wrongful death claims are based on a variety of alleged acts and alleged negligence. Recent such wrongful death lawsuits involving Illinois motorcycle accidents have been featured on this site.
Elman Joseph Law Group, LLC represents the surviving family members of victims who died in accidents or other events caused by the careless or reckless actions of another party. Our trial attorneys will protect your legal rights and allow you to pursue the maximum possible wrongful death recovery. We achieve this either through pursuing a settlement, or, if such settlement offers are insufficient, by taking your Illinois wrongful death lawsuit to court.
Elman Joseph Law Group has been handling Illinois personal injury cases for 20+ years. During this time period, Elman Joseph Law Group has handled over 10,000 personal injury cases. Elman Joseph Law Group has established a reputation, based upon court verdicts achieved, as being (highly) successful trial lawyers.
The firm has been successful in getting its clients attractive amounts of compensation through both settlements as well as court trials. This success has involved a broad range of lawsuit types and sizes.
Upon taking your case, Elman Joseph Law Group will immediately begin to take all relevant steps to insure that your case will be handled thoroughly, and maximum compensation will be pursued.
Elman Joseph Law Group works on personal injury and wrongful cases on a contingency basis — meaning that clients are not charged legal fees unless and until the client receives compensation.
Tony Elman, Lead Attorney of the Elman Joseph Law Group, offers a free legal consultation to those who are looking to file wrongful death cases. During this consultation, he can discuss the process needed to get compensation, and also indicate how much your case may be worth. Tony Elman can be reached anytime at (773) 392-8182.
For further reference regarding Illinois wrongful death lawsuits:
Illinois Wrongful Death Act