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One sure thing about motor vehicle accidents is unpredictability

A two-fold meaning exists to that statement. First, no one in Illinois or elsewhere can predict whether a car accident will occur. Sure, conditions might be right for one to happen, but whether it does remains a mystery. Second, there is no way to predict who will survive and who will walk away from many motor vehicle accidents.

For example, in a recent accident involving two vehicles, the driver of one vehicle died while the 42-year-old driver and 30-year-old passenger of the second vehicle walked away with injuries that did not even require a trip to the hospital. Instead, emergency medical personnel treated their injuries at the scene. The driver who survived the crash is believed to have caused it.

Preliminary reports indicate that police believe that driver lost control of his vehicle and crashed into the second vehicle. The impact pinned the victim's vehicle against a guard rail. The other vehicle came to rest in a ditch off the roadway. The Sheriff's Office indicated that no citations have been issued as of yet. However, that could change as the investigation progresses.

Even if the surviving driver does not face any criminal repercussions in connection with the crash, the deceased driver's family retains the right to pursue restitution through the filing of a wrongful death claim. Surviving family members can request numerous damages allowable in motor vehicle accidents under Illinois law. If it is successfully established through the appropriate evidence that the victim's death was the result of the other driver's negligence, the court could award those damages.

Source: New Lenox, IL Patch, "Fatal Victim In New Lenox Crash Was Pinned Against Guard Rail: Sheriff", Tim Moran, March 31, 2017

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Schramm Law Group

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Addison, IL 60101

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