Charges Pending After Tragic Crash Kills One in Chicago’s Gresham Neighborhood

Reports indicate that one person died in the early hours of Tuesday, November 19th, 2024, in Gresham. The one-vehicle collision took place at 2:12 a.m. when a white Chrysler 300 collided with a pole while traveling southbound on the 7700 block of S. Vincennes Avenue. A passenger in the backseat of the vehicle died at the scene. There were four other occupants in the car at the time. ABC 7 Chicago stated that the driver, identified as a 19-year-old man, broke his femur and hip and is in serious condition. Another passenger also broke his femur and is in serious condition, while two other passengers, an 18-year-old man and a 22-year-old man, sustained minor injuries and are expected to make full recoveries. The authorities have not yet released the identities of those involved or stated the cause of the crash. However, reports do indicate that charges are pending.

Passengers injuries and deaths in car crashes

Proving liability in a car accident involves showing that someone behaved negligently, leading to another person suffering injuries. Often, there will be a dispute between drivers regarding who is at fault following a multi-vehicle collision. Those accused of causing a crash may blame the injured driver in an attempt to shift fault or reduce the damages they must pay the victim. Under Illinois’s modified comparative negligence policy, if a driver defending against a negligence claim can prove the victim is partly to blame, they will be able to reduce the damages they owe to reflect the victim’s share of fault. However, when a passenger suffers injuries, they are unlikely to bear any responsibility for the crash.

There are some exceptions, such as when a passenger engages in extremely distracting or dangerous conduct. For instance, a passenger who grabs the steering wheel or covers the driver’s eyes may be partly liable for a collision. However, these instances are few and far between. In most cases, a passenger will be able to hold a driver or drivers at fault when they sustain injuries in a car accident. When a crash causes the death of a passenger, the family of the victim or victims may have a wrongful death claim against the driver.

Filing claims against friends and loved ones

One complication that arises when a driver causes injuries to passengers in their own vehicle is that the resulting claim will often be between two people who know each other and may even be related. Filing a claim or lawsuit against a loved one can be emotionally challenging. However, it might be necessary because car accident injuries can require costly medical care and may prevent a victim from working. In many cases, the driver’s insurance will pay much or all of the damages rather than the driver directly covering those costs.

An exception would apply when an uninsured driver causes a crash. In that case, they might be on the hook for damages. While these situations can become complicated, the most pressing concern should be the health and well-being of those who suffered injuries. It’s important that they have the resources to seek the medical care that they need.

Uninsured motorist claims as a passenger

Another option for those injured in a car accident where the at-fault driver lacks insurance is to file an uninsured motorist claim. Illinois law requires that car accident policies include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. If a person is a passenger in a car accident, that policy should cover them, even though they were not driving. To recover from this policy, the injured person must prove that someone else was negligent and caused their injuries and that the negligent person does not have insurance coverage.

Negligence in single-vehicle crashes

In 2022, single-vehicle crashes accounted for 53% of crash-related deaths in the US. Many of those accidents involved a negligent driver. In Illinois, a person can be held negligent under the law if they take an unjustifiable risk and engage in a “substantial deviation from the standard of care that a reasonable person would exercise in the situation.” When a passenger suffers injuries or dies in a single-vehicle crash, the victim or their family must prove the driver is negligent to collect damages. Some of the most common causes of single-vehicle crashes include:

• A driver who is drunk or on drugs
• A distracted driver, which often involves a person using their phone
• A drowsy driver
• An animal running into the road
• Bad weather, such as rain that impacts visibility or ice on the road
• A driver who is speeding

Many of the above causes suggest negligence on the part of the driver, but in the case of drunk driving, proving negligence becomes easier for the victim or their family. Alcohol is of particular concern when it comes to single-vehicle accidents that take place between 9 p.m. and 6 a.m. According to the Insurance Institute for Highway Safety (IIHS), in 2022, 61% of drivers killed in single-vehicle collisions during this window of time had blood alcohol levels that exceeded the legal limit of .08%.

Contact Gainsberg Injury and Accident Lawyers to discuss injury claims in Chicago

Tragic accidents like the one that took place this week leave victims with costly medical bills and, sometimes, force families to cope with the loss of a loved one. When these collisions occur because of a driver’s negligent actions, the victim and their families have the right to pursue compensation that will allow them to address their losses and build back their lives. At Gainsberg Injury and Accident Lawyers, our attorneys offer experienced representation and compassionate support for those who suffered injuries and losses because of car accidents. Call us today or fill out our contact form for a free consultation with one of our attorneys.