Press Release: How a Wrongful Death Lawsuit Led to Accountability After a Fatal Skateboarding Crash

When an insurance company denies a wrongful death claim, the decision often arrives quietly: by letter, with careful language and firm conclusions. Liability is rejected. Responsibility is shifted. For a grieving family, the denial can feel definitive, as though the matter has already been decided.

But an insurance denial is not a final determination of liability, but rather an initial position taken before the full facts are developed.

That distinction proved critical in a recent wrongful death case involving a young Illinois man who was struck and killed while riding his skateboard home at night. The insurance company denied responsibility outright, asserting that the young man should not have been in the roadway. After a thorough investigation and formal litigation, however, the case ultimately resolved through a policy-limits settlement, forcing accountability and providing meaningful financial support to a family devastated by loss.

“This case illustrates why families should not necessarily accept an insurance denial at face value, but instead consider whether the facts and law have been fully examined,” said John Malm, St. Charles wrongful death attorney

A Normal Night That Ended in Tragedy

The young man, referred to here as “James” to respect his family’s privacy, was doing nothing extraordinary the night his life ended. He was returning home after visiting a friend in his community. He did not own a car, and public transportation was not available where he lived. His skateboard was simply how he got around.

The route home followed a local road typical of many suburban and semi-rural areas of Illinois. There were no sidewalks. There were no bike lanes. There was no separate pedestrian path. For anyone traveling without a car, the roadway itself was the only option.

“As lawyers, we see these roads all the time,” Malm said. “They’re designed almost exclusively for vehicles, but people still have to live their lives. When infrastructure doesn’t provide alternatives, the law doesn’t pretend those people shouldn’t exist.”

As James traveled along the roadway that night, a driver struck him. The impact caused catastrophic injuries. He died as a result of the collision.

For his family, the loss was immediate and overwhelming. What followed, however, added another layer of pain.

The Denial Letter

Not long after the crash, the driver’s insurance company issued its decision. The wrongful death claim was denied.

The reasoning was blunt: James was allegedly traveling “in the middle of the road,” where he “should not have been.” On that basis alone, the insurer concluded that its insured driver was not legally responsible for the collision.

The denial did not analyze road design. It did not address the absence of sidewalks. It did not evaluate visibility, speed, or reaction time. Instead, it rested on an assumption, that James’ presence in the roadway absolved the driver of responsibility.

“That kind of framing is common,” Malm said. “But fault determinations are not matters of assumption or perception, but questions that must be supported by evidence and resolved through the legal process.”

Why Denials Are Often Preliminary

For many families, a denial letter feels final. In reality, it is often issued before a complete investigation has taken place.

Insurance companies are not required to accept every claim as presented, but they are expected to evaluate liability based on the full scope of available evidence. Early denials are frequently based on limited information, incomplete scene analysis, and untested assumptions.

Families should not necessarily view an insurance denial as the end of the process, but as a signal that the claim deserves closer examination.

Families facing a wrongful death are often grieving while trying to decide who to trust with one of the most important legal decisions they will ever make.

“Families facing a wrongful death are often grieving while trying to decide who to trust with one of the most important legal decisions they’ll ever make,” Malm said. “Choosing the right attorney matters, because these cases require experience, judgment, and the ability to fully develop the facts, not just accept an early answer.”

Recognizing the stakes involved, Malm’s firm advised the family that further investigation was warranted.

Choosing to File Suit

Filing a wrongful death lawsuit is not appropriate in every case, but it can be an essential step when key facts remain disputed or overlooked.

In this case, litigation was the only way to obtain critical evidence and compel sworn testimony. Once the lawsuit was filed, the legal landscape changed.

The firm was able to conduct discovery, including:

• Depositions of the driver under oath
• Collection of photographs, measurements, and official reports
• Inspection of the crash site
• Analysis of lighting, roadway geometry, and sightlines
• Reconstruction of the sequence of events leading up to the collision

“Litigation forces the story to be tested,” Malm said. “It replaces assumptions with evidence.”

What the Investigation Revealed

As the investigation progressed, the narrative presented in the denial letter began to unravel.

First, it became clear that James had no safe alternative route. The roadway had no sidewalks or pedestrian paths. His presence there was not a matter of choice, but necessity.

Second, visibility conditions were carefully analyzed. While the insurer suggested James could not have been seen in time, expert evaluation showed otherwise. Measurements demonstrated that a reasonably attentive driver would have had sufficient distance to perceive and react.

Third, speed and avoidance were examined. Reconstruction analysis indicated that with appropriate attention and braking, the collision could have been avoided.

Finally, the road itself played a role. Its design funneled vehicles and non-vehicular users into the same narrow space, creating foreseeable risks that required heightened driver caution.

“This wasn’t about blaming infrastructure,” Malm said. “It was about understanding the environment and what reasonable care required under those conditions.”

Illinois Law and Vulnerable Road Users

Illinois law recognizes that not all road users are behind the wheel of a car. Pedestrians may legally travel along roadways where sidewalks are unavailable, and drivers are required to exercise due care to avoid colliding with any person using the road.

Illinois also follows a modified comparative negligence standard. If a decedent is found partially at fault, damages may be reduced, but recovery is barred only if fault exceeds 50 percent. Importantly, that determination must be grounded in evidence, not presumption.

“Being somewhere a driver doesn’t expect is not the same as being legally at fault,” Malm explained. “The law requires drivers to anticipate foreseeable hazards, including people using the roadway.”

How the Case Shifted

As evidence accumulated, the insurer’s original position became increasingly difficult to maintain. The simplistic theory that James’ presence in the roadway alone caused the crash no longer aligned with the facts.

The risk of trial grew. A jury would be presented with expert testimony, physical evidence, and a full picture of the roadway environment. The outcome was no longer predictable.

Ultimately, the insurer agreed to resolve the case by paying the full policy limits available under the driver’s insurance coverage.

What the Settlement Meant

No settlement can undo the loss of a life. But for James’ family, the resolution provided financial stability and a sense that responsibility had been acknowledged.

“Accountability matters,” Malm said. “Not because it changes what happened, but because it affirms that the loss mattered and that the law recognizes it.”

Broader Lessons for Families

This case reflects issues that arise frequently in wrongful death claims involving pedestrians and other vulnerable road users.

Insurance denials often rely on early assumptions about fault. Without independent investigation, those assumptions may go unchallenged.

Key takeaways for families include:

• A denial letter is not a verdict
• Evidence often changes the analysis
• Legal options depend on facts, not initial conclusions
• Time limits apply, and early action can be critical

A Measured Approach to Wrongful Death Claims

The award-winning Illinois fatal accident attorneys at John J. Malm & Associates approaches wrongful death cases with careful evaluation rather than reflexive escalation. The firm investigates denials thoroughly and pursues litigation when the facts and law justify further action.

“Our role isn’t to assume every denial is wrong,” Malm said. “It’s to make sure decisions are based on a complete and accurate understanding of what actually happened.”

Turning “No” Into a Fuller Examination

James’ case serves as a reminder that wrongful death claims are rarely as simple as they appear in an initial denial letter. Road design, human behavior, visibility, and legal standards all intersect in ways that require careful analysis.

An insurance company’s first answer is not always its last.

For families facing a denial after the loss of a loved one, the most important step may be ensuring that the full story has been told and that the law has been given the opportunity to weigh it.

A Final Word for Families Seeking Answers

Families facing the aftermath of a wrongful death are often asked to make difficult decisions during one of the most painful periods of their lives. When an insurance company denies responsibility, it can be hard to know where to turn or whether further action is warranted. In those moments, having experienced legal guidance can make a meaningful difference.

With more than 95 years of combined legal experience and over $110 million recovered for injured clients and grieving families, John J. Malm & Associates has built a reputation for careful case evaluation, thorough investigation, and principled advocacy. With offices in Naperville and St. Charles, the firm represents families in wrongful death cases throughout Illinois, including matters involving complex liability issues and initial insurance denials.

If your family has lost a loved one and is facing unanswered questions or has been told “no” before the full facts were examined, you may benefit from speaking with our experienced Illinois wrongful death attorneys. A conversation can help clarify your options and determine whether further review is appropriate.

To schedule a free, confidential consultation, call 844-MALMLAW. Experience you can count on. Justice you deserve.