What Are a Family’s Rights After a Fatal Hit and Run Accident in Illinois?

Losing a loved one in a car accident is devastating under any circumstances. But when the driver responsible flees the scene, the pain is often compounded by a sense of injustice and helplessness. In Illinois, fatal hit and run accidents continue to be a tragic and frequent occurrence. Families are often left grieving with no clear answers about what comes next.

If your family has experienced this unimaginable loss, you may have legal options. Under Illinois law, families of fatal hit-and-run victims have the right to pursue civil claims, insurance benefits, and in some cases, restitution through the criminal justice system. In this blog, we’ll explore what a family can do after a fatal hit and run, the legal rights available under Illinois law, and what steps to take to pursue justice and compensation.

Understanding Fatal Hit-and-Run Accidents in Illinois

A hit and run occurs when a driver involved in a motor vehicle collision leaves the scene without stopping to provide assistance, exchange information, or call authorities. Illinois law requires all drivers involved in an accident resulting in injury or death to remain at the scene. Violating this law, particularly when the accident results in a fatality, is a Class 1 felony under 625 ILCS 5/11-401.

According to the Illinois Department of Transportation (IDOT), there were 3,350 hit and run crashes resulting in injuries or fatalities in the state in 2022. Nationally, the AAA Foundation for Traffic Safety reports that hit and run deaths have increased by 60% over the past decade, with more than 2,000 people killed annually in such crashes.

Pedestrians and bicyclists are especially vulnerable. In Cook County alone, over 30 fatal pedestrian crashes each year involve a fleeing driver. The surge in hit and run incidents highlights a troubling trend and underscores the importance of ensuring that families are informed of their rights and avenues for recovery.

What Legal Rights Do Families Have After a Fatal Hit-and-Run?

When a fatal crash occurs and the at-fault driver flees the scene, it may initially seem like your options are limited. But in Illinois, families of hit and run victims can still pursue a variety of legal claims and compensation pathways.

Filing a Wrongful Death Claim

Under the Illinois Wrongful Death Act (740 ILCS 180/1), surviving family members, including spouses, children, and sometimes parents, have the right to file a wrongful death lawsuit against the person or entity responsible for the victim’s death. This applies whether the death was caused by negligence or by a criminal act like fleeing the scene of an accident.

If the at-fault driver is later identified, the family may sue that individual for damages including:

Funeral and burial costs
Medical bills incurred before death
Loss of financial support
Loss of companionship
Pain and suffering experienced by survivors

These damages are typically awarded to the victim’s surviving next of kin, and the estate may also pursue a survival action for conscious pain and suffering endured by the deceased prior to death.

Uninsured Motorist (UM) Claims

In cases where the hit and run driver is never identified, the family may still be able to recover compensation through an uninsured motorist claim. Illinois law requires all automobile insurance policies to include uninsured motorist coverage. This means that if your loved one had auto insurance, or lived with someone who did, you may be eligible for compensation under that policy.

Uninsured motorist claims can cover:

Funeral expenses
Medical bills
Loss of earnings
Emotional distress and mental anguish

If the victim was a pedestrian or cyclist and had no policy of their own, a household member’s uninsured motorist coverage may apply. The family’s attorney can help identify available policies and navigate the claims process, which often involves arbitration.

Victim Compensation Programs

Illinois operates a Crime Victims Compensation Program under the Illinois Attorney General’s Office. Families of fatal crime victims, including those killed in hit and run crashes, may be eligible for up to $45,000 in financial assistance. This fund can be used for funeral expenses, loss of support, and grief counseling.

To qualify, the family must cooperate with law enforcement and file a claim within two years of the date of the crime. While this program doesn’t replace a civil lawsuit, it can offer short-term relief for families facing immediate financial burdens.

Criminal Charges and Restitution

When a hit and run driver is located and prosecuted, Illinois courts may order criminal restitution to be paid to the victim’s family. This is a separate process from a civil lawsuit and is handled through the criminal court system. Restitution may cover out-of-pocket expenses like funeral costs, medical bills, and property damage.

Under 730 ILCS 5/5-5-6, restitution is mandatory in many cases involving injury or death, but the amount ordered may be limited and doesn’t typically include compensation for pain and suffering or emotional distress. Therefore, families should pursue civil claims in addition to cooperating with prosecutors in the criminal case.

Steps to Take After a Fatal Hit and Run

Dealing with the aftermath of a fatal car accident is overwhelming. But taking the following steps can help protect your family’s legal rights and increase the chances of holding the responsible party accountable:

1. Report the Incident Immediately

Ensure that the accident is reported to law enforcement right away. A formal police report is necessary for both criminal prosecution and any future insurance or legal claim.

2. Preserve Evidence

Gather any available evidence as soon as possible, including:

Eyewitness accounts
Surveillance video
Photos of the accident scene
Vehicle debris or paint transfers

The sooner you act, the better chance law enforcement and your attorney have of identifying the fleeing driver.

3. Contact an Experienced Illinois Wrongful Death Attorney

Fatal hit-and-run cases are legally complex. A knowledgeable fatal car accident attorney can:

Investigate the crash
Locate potential insurance policies
File insurance claims
Initiate civil litigation
Assist with restitution and compensation fund applications

Time is of the essence. Illinois law generally imposes a two-year statute of limitations on wrongful death actions, and some insurance policies have even shorter notice deadlines.

Real-World Example of a Fatal Hit and Run Handled by our Firm

In one tragic case handled by our firm, a young woman was found in the middle of the road by the local police, a victim of a fatal hit and run accident. After an 18 month-long investigation by the police and FBI, the at-fault driver was found. Our office was then able to pursue a wrongful death case against the driver, resulting in a policy-limits settlement.

Potential Settlement Values of Fatal Hit and Run Accidents

Settlement values for wrongful death cases in Illinois vary widely depending on factors such as:

The age and income of the deceased
The strength of liability evidence
Available insurance coverage
The jurisdiction in which the case is filed

On average, wrongful death settlements in Illinois range from hundreds of thousands of dollars to over $2 million, though some cases involving high-earning victims or gross negligence result in even higher awards. Hit and run cases can be challenging because of difficulties identifying the driver, but uninsured motorist claims and insurance policy stacking can still lead to significant compensation.

Frequently Asked Questions (FAQ) about Fatal Hit and Run Accidents

Do we still have a claim if the driver isn’t found?

Yes. You may be able to file an uninsured motorist claim under your loved one’s or your own auto insurance policy.

What if the victim was a pedestrian?

Uninsured motorist coverage applies to pedestrians as well. Many Illinois policies extend coverage to incidents involving pedestrians or cyclists.

What if our family member didn’t have car insurance?

You may still have options through a relative’s household policy or the Illinois Crime Victims Compensation Program.

Is there a time limit for filing a claim?

Yes. In Illinois, the statute of limitations for a wrongful death lawsuit is typically two years from the date of death. However, deadlines for insurance claims and compensation applications may be shorter.

Contact the Award-Winning Illinois Wrongful Death Lawyers at John J. Malm & Associates

No amount of money can ever replace a loved one. But holding the responsible party accountable and securing financial compensation can provide a sense of justice, help with practical needs, and offer a measure of closure.

At John J. Malm & Associates, we represent families throughout Illinois who have lost loved ones in fatal car accidents, including hit and run crashes. Our experienced attorneys understand the complex legal issues these cases present and are committed to pursuing full compensation for our clients. We handle every case with compassion, thorough investigation, and aggressive advocacy.

If your family is coping with the tragic loss of a loved one after a hit-and-run, you don’t have to navigate this difficult time alone. Contact us today for a free, confidential consultation.