Mt. Vernon Fatal Car Accident Lawyer

Losing someone you love in a car accident is one of the most devastating experiences a family can go through. The grief is immediate, but the legal questions that follow can feel overwhelming. If your family member was killed in a car crash in or around Mt. Vernon, Illinois, you have legal rights, and those rights have a deadline. At Briskman Briskman & Greenberg, a Chicago personal injury lawyer from our team can help your family understand what happened, who is responsible, and what compensation you may be entitled to under Illinois law.

Table of Contents

• Fatal Car Accidents in Mt. Vernon: What the Data Shows
• Illinois Law and Who Can Be Held Responsible
• Filing a Wrongful Death Claim in Illinois: What Families Need to Know
• What Happens When a Driver Flees the Scene
• How Briskman Briskman & Greenberg Supports Mt. Vernon Families
• FAQs About Mt. Vernon Fatal Car Accident Claims

Fatal Car Accidents in Mt. Vernon: What the Data Shows

Mt. Vernon sits at the crossroads of two major Illinois highways, Interstate 57 and Interstate 64, making it one of the busiest traffic corridors in southern Illinois. That geography carries real risk. According to the Illinois Department of Transportation’s city crash summary for Mt. Vernon, the city recorded 448 total crashes in 2023, including 1 fatal crash and 116 injury crashes. The data shows that drug-impaired driving was a contributing factor in the fatal crash that year.

Historical crash records paint a consistent picture. Fatal accident data shows Mt. Vernon recorded at least one fatal crash in 2022, with 2 vehicles involved and 1 fatality, and another in 2021 on I-57 that also claimed one life. Interstate 57, which cuts directly through Jefferson County, appears repeatedly in these records. In 2020, two separate fatal crashes occurred in the area, one on SR-37 and another on I-57, with one of those crashes involving an alcohol-impaired driver.

These are not just statistics. Each number represents a real family, a real loss. The stretch of I-57 near Mt. Vernon, running past the Veterans Memorial Drive interchange and toward the Rend Lake area, sees heavy commercial truck traffic alongside passenger vehicles. That mix of traffic types, combined with high speeds and long-haul driver fatigue, creates the conditions that lead to catastrophic crashes. If your family lost someone on one of these roads, the cause of the crash matters deeply, because it determines who can be held legally responsible.

Families dealing with fatal crashes involving commercial trucks should know that liability can extend beyond the driver to the trucking company, the cargo loader, or even a vehicle manufacturer. Our team handles the full scope of these investigations, so your family does not have to navigate that process alone.

Illinois Law and Who Can Be Held Responsible

Illinois law gives families a clear framework for pursuing accountability after a fatal crash. The question of who can be held responsible for a car accident is more layered than most people expect. Responsibility can fall on a negligent driver, a trucking company, a vehicle manufacturer, a government agency that failed to maintain safe roads, or multiple parties at once.

Under Illinois law governing joint liability, specifically 735 ILCS 5/2-1117, all defendants found liable in a personal injury or wrongful death case are jointly and severally liable for the plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters because it means your family does not have to worry about one defendant being unable to pay their share of a judgment when other liable parties can cover the full amount.

Under 625 ILCS 5/11-401, any driver involved in a crash resulting in death must immediately stop at the scene and remain there until all legal requirements are fulfilled. A driver who flees the scene faces a Class 1 felony if the crash resulted in someone’s death. This law exists precisely because leaving a fatal crash scene compounds the harm to victims’ families. Even in hit-and-run situations, families are not without options. Uninsured motorist coverage may apply, and an investigation can sometimes identify the responsible driver through surveillance footage, witness accounts, or physical evidence.

Illinois also applies a modified comparative fault rule. If the deceased person was partially at fault, their family’s recovery is reduced in proportion to that fault, but only if the decedent’s share of fault was 50% or less. If it exceeded 50%, recovery may be barred. This is why having a thorough crash reconstruction matters from day one.

Filing a Wrongful Death Claim in Illinois: What Families Need to Know

When a car accident takes a life, the surviving family can pursue a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180. This law exists because the traditional common law did not allow a deceased person’s claims to survive their death. Illinois changed that by giving families the right to seek compensation for their own losses, not just the losses the deceased person suffered.

Illinois’ Wrongful Death Act, found at 740 ILCS 180/2, specifies who has the legal authority to file wrongful death claims. Only the personal representative, meaning the executor or administrator of the deceased person’s estate, can file a wrongful death lawsuit in Illinois. While only the personal representative can file the lawsuit, compensation goes to the deceased person’s surviving spouse and next of kin, including surviving children, parents if no spouse or children survive, and siblings if no closer relatives exist.

The damages available under Illinois law are meaningful. They can include funeral expenses, loss of financial support from the decedent including income and benefits, survivors’ grief, sorrow, or mental suffering, loss of consortium or companionship, and loss of guidance, instruction, or moral training for surviving children.

The statute of limitations for wrongful death in Illinois appears in 740 ILCS 180/2, which states that wrongful death actions must be commenced within two years after the death of the person. This deadline runs from the date of death, not from the date of the accident, injury, or incident that caused the death. Under 740 ILCS 180/2(f), if the person entitled to bring the wrongful death claim was under age 18 when the cause of action accrued, the two-year statute of limitations is tolled until their 18th birthday. Families should also know that if a government entity, such as a county road authority or state agency, bears responsibility for dangerous road conditions, the deadline to act can be shorter under the Illinois Tort Immunity Act, 745 ILCS 10/8-101.

What Happens When a Driver Flees the Scene

Hit-and-run crashes are among the most painful situations a family can face. When a driver causes a fatal crash and flees, it adds a layer of injustice to an already devastating event. Illinois law treats this seriously. Under 625 ILCS 5/11-401, a driver who fails to stop after a crash resulting in death and fails to report within the required timeframe is guilty of a Class 1 felony. The Secretary of State is required to revoke the driving privileges of any person convicted of this violation.

But what can a family do when the driver is unknown? The answer depends on the insurance coverage in place. Uninsured motorist coverage, which is required under Illinois law as part of auto insurance policies, can apply to hit-and-run situations where the at-fault driver is never identified. If the deceased had auto insurance, or if a household family member had coverage, that policy may provide a path to compensation. Similar approaches apply in cases involving drunk driving crashes, distracted driving accidents, and other situations where the at-fault driver’s own insurance is insufficient.

Evidence gathering is critical in these cases. Dashcam footage, traffic cameras, witness statements, and physical evidence at the scene can all help identify a fleeing driver. The sooner an investigation begins, the better. Surveillance footage is often overwritten within days or weeks. Physical evidence deteriorates. Witnesses’ memories fade. This is why families should contact an attorney as soon as possible after a fatal crash, even before the full picture is clear.

A Wheeling fatal car accident lawyer at our firm handles the same types of hit-and-run and multi-party investigations across Illinois, and our approach in Mt. Vernon cases is no different. We work to identify every available source of recovery for your family.

How Briskman Briskman & Greenberg Supports Mt. Vernon Families

Briskman Briskman & Greenberg has spent decades representing families across Illinois who have lost loved ones in preventable crashes. Our firm handles fatal car accident cases from initial investigation through trial, and we work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family. Your family will not be responsible for our fees if we do not obtain a recovery, though you should discuss with us any potential costs or expenses that may apply to your specific case.

When we take on a fatal crash case in Mt. Vernon, we begin by securing the evidence that matters most, police reports, crash reconstruction data, toxicology results, black box data from vehicles involved, and any available surveillance footage. We identify all potentially liable parties, from individual drivers to trucking companies to government road authorities. We handle all communications with insurance companies, so your family does not have to face adjusters who are focused on minimizing payouts.

Mt. Vernon families dealing with fatal crash cases often find that their cases are heard in Jefferson County, at the Jefferson County Courthouse on Courthouse Square in downtown Mt. Vernon. Our team is familiar with the courts and legal procedures that apply in southern Illinois, and we are prepared to take cases to trial when a fair settlement is not offered.

Families in other parts of Illinois facing similar losses can also turn to our team. A Joliet fatal accident lawyer from our firm handles these cases throughout the state, and our Chicago fatal car accident lawyer team brings the same level of commitment to every family we serve, regardless of where in Illinois the crash occurred.

If your family lost someone in a fatal car accident in or near Mt. Vernon, call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606. There is no obligation, and speaking with us does not create an attorney-client relationship. We are here to answer your questions and help you understand your options.

FAQs About Mt. Vernon Fatal Car Accident Claims

Who has the legal right to file a wrongful death claim after a fatal car accident in Illinois?

Under the Illinois Wrongful Death Act, 740 ILCS 180/2, only the personal representative of the deceased person’s estate can file the lawsuit. That person is typically the executor named in a will, or an administrator appointed by the court if no will exists. The compensation recovered, however, is distributed to the surviving spouse and next of kin, including children, parents, and siblings, depending on who survives.

How long does a family have to file a wrongful death lawsuit after a fatal crash in Mt. Vernon?

Illinois law generally gives families two years from the date of death to file a wrongful death claim under 740 ILCS 180/2. That clock starts on the date the person died, not the date of the crash. If the deceased person survived the crash for days, weeks, or months before passing, the two-year period begins when death occurred. Claims against government entities may have shorter deadlines under 745 ILCS 10/8-101, so families should consult an attorney as soon as possible.

Can a family recover compensation if the at-fault driver had no insurance or fled the scene?

Yes, there are options even when the at-fault driver is uninsured or unknown. Illinois requires auto insurers to offer uninsured motorist coverage, which can apply to hit-and-run crashes where the responsible driver is never found. If the deceased had auto insurance, or if a household family member carried coverage, that policy may provide a source of recovery. An attorney can review all available policies and investigate whether the driver can be identified through evidence gathered at the scene.

What types of compensation can a family recover in a fatal car accident case?

Under the Illinois Wrongful Death Act, recoverable damages include funeral and burial expenses, the financial support the deceased would have provided over their lifetime, the grief and mental suffering of surviving family members, loss of companionship and consortium, and loss of guidance for surviving children. In some cases, the estate may also pursue a survival action for pain and suffering the deceased experienced before death. The amount recoverable depends on the specific facts of each case, and no outcome can be guaranteed.

Does it matter if the deceased person was partially at fault for the crash?

Illinois uses a modified comparative fault system, meaning partial fault by the deceased does not automatically bar recovery. Under Illinois law, if the decedent’s share of fault was 50% or less, the family’s damages are reduced proportionally. If the decedent’s fault exceeded 50%, recovery may be barred. This is why a thorough crash investigation is so important. The at-fault driver’s insurance company will often argue that the deceased shared responsibility, and having strong evidence on your side makes a real difference.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Mt. Vernon
• Mt. Vernon Bicycle Accident Lawyer
• Mt. Vernon Car Accident Lawyer
• Mt. Vernon Distracted Driving Accident Lawyer
• Mt. Vernon Drunk Driving Accident Lawyer
• Mt. Vernon Motorcycle Accident Lawyer
• Mt. Vernon Pedestrian Accident Lawyer
• Mt. Vernon Truck Accident Attorney
• Mt. Vernon Uber Accident Lawyer
• Mt. Vernon Lyft Accident Lawyer
• Mt. Vernon Uninsured Motorist Accident Lawyer