Law Advice

An Illinois wrongful death case recently settled in Will County for 5 million. The case was brought by the estate of a 57 year-old married mother of two adult children after she was killed in an Illinois auto accident. Estate of Heinz v. Messel, et al., No. 07 L 0090.

The highway crash took place on I-55, a highway connecting Chicago to St. Louis. The decedent driver was traveling northbound on the highway in the area of the Plainfield Township when a car driving southbound crossed the grassy median separating the different directions of traffic and crashed into the woman’s vehicle. The head-on crash caused the decedent’s car to flip over and land in a ditch off to the side of the highway.

An investigation of the accident revealed that the at fault driver was intoxicated at the time of the Illinois car crash. Whenever an Illinois car accident involves a DUI, the Illinois state’s attorney can bring hisher own criminal charges against the offending driver. Under Illinois law, a person may be deemed intoxicated if their blood alcohol content BAC is measured at .08 or higher. Presumably some sort of action was taken in response to the fatal car accident however, the criminal action would have been completely separate from the civil action involving the wrongful death claims.

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