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Wrongful Death Claims in Fatal Motorcycle Accidents in Illinois 

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Posted on February 8, 2024

Motorcycle accidents can carry serious consequences, including fatalities. Due to the limited protection on the rider, a fast-moving car or truck can easily cause the driver to suffer life-threatening injuries. If your family member was killed in a motorcycle accident in Illinois, you may have the right to file a wrongful death claim.

The Illinois Department of Transportation reports that, in 2023, 1,268 people died in the state from motorcycle accidents. Most of those injuries occur on highways throughout the state. Not every situation is due to the negligence of another driver. In situations that are due to negligence, you may be able to file a wrongful death claim against the at-fault party.

Proving Liability in a Fatal Motorcycle Accident

To obtain compensation through a wrongful death claim, it is critical to prove liability, which means demonstrating that the other party was responsible for the death of the family member. Stereotypes about motorcycle riders often cloud this ability, and insurance companies often side with the driver of the vehicle, not the rider. Yet, having evidence to back up your claim is critical.

Our motorcycle accident attorneys have the experience you can rely on to collect this data. Among the data we seek out is:

  • Photos or video of what occurred
  • The toxicology reports of all parties
  • Data from commercial vehicle logs or GPS navigational systems
  • Phone records at the time of the incident
  • Accident recreational services to prove what occurred
  • Witness statements about what occurred
  • Traffic camera footage
  • Other forensic evidence at the scene

By gathering as much evidence as possible in your case, we can work hard to prove that the other party was at fault. In doing so, we will be able to pursue financial compensation for the estate and family members who are left behind.

Compensation in a wrongful death claim can be used to pay for the loved one’s funeral, burial, and medical bills related to the accident. Remaining compensation from a successful claim can be used to help pay bills, pay off debt, send a child to school, and even create a trust for the deceased’s children that they can access once they turn 18.

Compensation After a Motorcycle Fatality

A wrongful death claim in Illinois can be paid out in situations where liability for the death falls on another person. In many of these situations, you may recover damages for the final costs paid at the end of someone’s life, such as their medical care and the cost of burial and funerals.

In addition to this, immediate family members, and sometimes others who are dependents and financially reliant on the person who was killed, may also be able to receive compensation for the losses they have suffered. Our motorcycle accident attorneys will work very hard to maximize these claims, including for non-financial harm caused by the accident.

If you lost a loved one in a motorcycle accident, call Holley Rosen & Beard Attorneys at Law to schedule a free consultation to discuss your case with our attorneys.