Legal Question in Personal Injury in Illinois

Can you sue the driver of a car that kilss a passenger in car for reckless homicide?

Asked on 3/24/12, 2:37 pm

6 Answers from Attorneys

Sal Sheikh

Reckless homicide is a criminal offense.

A claim for money damages may be pursued by the family of the passenger killed depending on the facts.

Contact a personal injury attorney to discuss.

Feel free to contact me.

Read more
Answered on 3/24/12, 3:14 pm

Jeffrey Friedman Law Office of Jeffrey Friedman

The passenger's family may be able to bring a lawsuit against the driver. You are welcome to contact my office if you would like to discuss this further.

Jeff Friedman


Read more
Answered on 3/24/12, 3:34 pm
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am an Illinois personal injury attorney that focuses my practice on auto accidents involving serious injury or death.

There is very likely a cause of action, or potential lawsuit, against the driver, and his/her insurance company, assuming that he/she had insurance. The cause of action would be a negligence claim, but, depending on the facts, if the driver was reckless (even more careless than negligence), punitive damages may also be available. The amount of compensation that can be recovered could be substantial, provided you have an attorney that focuses on serious auto accident cases handle the claim. I would need to review a copy of the police report to determine what type of claim is available and what amount of compensation could be recoverable.

There are strict time limits in Illinois, and if you miss the deadlines, you will be barred from bringing a suit, so I would not delay at all.

I am available to discuss by phone today and in the evening as well. For your convenience, you can also reach me directly by e-mail at [email protected] A copy of the police report can be e-mailed as well. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

Read more
Answered on 3/26/12, 9:45 am
Jeffrey Shancer Law Offices of Jeffrey M. Shancer

The family of the deceased individual may sue the driver for negligence/wrongful death. Only the State's Attorney can pursue charges for reckless homicide in criminal court. That would likely require that the driver was speeding, driving recklessly and/or was intoxicated. Our office concentrates in wrongful death cases. We would be pleased to speak with you regarding this important matter.

Jeffrey M. Shancer

Law Offices of Jeffrey M. Shancer

10 South LaSalle Street

Suite 3500

Chicago, Illinois 60603


Read more
Answered on 3/25/13, 11:53 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Illinois