When a fatal crash happens because of a defective vehicle or part, not just driver error, the legal process gets much more complicated. In Illinois, wrongful death claims involving auto defects often mean more than one party could be responsible. Many families are surprised to find that a single crash can lead to claims against the vehicle manufacturer, a parts supplier, a dealership, a repair shop, and sometimes another driver. Handling these cases takes thorough investigation, technical know-how, and a solid understanding of Illinois product liability and wrongful death laws.
At Hess Injury Law Firm, we help families in Chicago and across Illinois with serious injury and wrongful death cases. Our attorneys know that when a vehicle defect plays a role in a fatal crash, it is important to find everyone who may be responsible to seek full compensation.
Below is a comprehensive explanation of why auto defect death cases often involve multiple defendants and how Illinois law applies.
Understanding Auto Defect Wrongful Death Cases in Illinois
In Illinois, wrongful death claims are governed by the Illinois Wrongful Death Act, 740 ILCS 180/1, which allows surviving family members to recover damages when a person’s death is caused by the wrongful act, neglect, or default of another.
When a defective vehicle or part contributes to the crash, Illinois product liability law also applies. Product liability claims can be based on:
- Design defects
- Manufacturing defects
- Failure to warn or inadequate warnings
- Negligent inspection or repair
Under Illinois law, manufacturers and others in the chain of distribution can be held strictly liable for defective products placed into the stream of commerce.
Modern vehicles have thousands of parts from many different suppliers, so figuring out who is responsible is rarely straightforward.
Common Vehicle Defects That Lead to Fatal Crashes
Auto defect wrongful death cases often involve:
- Airbag failure or non-deployment
- Seatbelt failure or defective restraints
- Brake system defects
- Steering system failures
- Tire blowouts
- Fuel system fires
- Roof crush defects in rollover crashes
- Electronic stability control or software malfunctions
A fatal crash on a busy road like I-90 near Hoffman Estates or Route 53 near Schaumburg might first seem to be the result of driver error. But sometimes, a closer look shows that a safety system failed at a critical moment.
When this is the case, several parties are often brought into the legal process.
Why Multiple Defendants Are Common
1. The Vehicle Manufacturer
The automaker is often the first potential defendant. If the overall vehicle design was unsafe or failed to meet reasonable safety standards, the manufacturer may be liable under strict product liability principles.
For example:
- A roof structure that collapses during a rollover
- A defective fuel tank design that increases fire risk
Manufacturers can be held responsible even if they did not directly cause the crash but made the fatal injuries worse.
2. Component Parts Manufacturers
Many vehicles are assembled from parts made by independent suppliers. Airbags, braking systems, electronic modules, and seatbelt assemblies are often produced by separate companies.
If an airbag sensor fails to deploy during a collision in Rolling Meadows or Palatine, the component manufacturer may be liable, even if the vehicle itself was properly designed.
3. Dealerships and Distributors
Illinois law allows claims against entities in the chain of distribution. This can include:
- Dealerships
- Regional distributors
- Importers
If a dealership sold a vehicle with a known recall that was not repaired, liability may extend beyond the manufacturer.
4. Repair Shops or Maintenance Providers
In some cases, a third-party repair shop may have:
- Installed incorrect parts
- Failed to properly service brakes
- Improperly repaired a recalled component.
Negligent repair can create an additional layer of liability.
5. Other Drivers
Even if a defect contributed to the death, another negligent driver may still share responsibility. For example:
- A distracted driver triggers the crash.
- A defective airbag fails to deploy, worsening injuries.
Illinois follows a system of modified comparative negligence under 735 ILCS 5/2-1116. A plaintiff can recover damages as long as they are not more than 50 percent at fault. Fault is apportioned among all responsible parties.
In auto defect death cases, this often results in multiple defendants sharing percentages of liability.
How Illinois Comparative Fault Impacts These Cases
Illinois’ modified comparative negligence rule means that fault can be divided among:
- Drivers
- Manufacturers
- Parts suppliers
- Repair facilities
If the decedent was found 10 percent at fault and the manufacturer 60 percent at fault, damages are reduced by the decedent’s share but are still recoverable.
Because product defect cases often involve complex engineering evidence, defendants frequently attempt to shift blame to one another. Manufacturers may argue that driver error caused the death. Drivers may argue that a defect made the crash unavoidable. These cases require detailed accident reconstruction and expert testimony.
The Role of the Survival Act
In addition to the Wrongful Death Act, Illinois’ Survival Act, 755 ILCS 5/27-6, allows recovery for damages the deceased person suffered before death, such as:
- Medical expenses
- Conscious pain and suffering
- Lost wages prior to death
When multiple defendants are involved, both wrongful death and survival claims may proceed simultaneously.
Why These Cases Require Immediate Investigation
Auto defect cases demand rapid action because:
- Vehicles must be preserved for inspection.
- Electronic data recorders must be downloaded.
- Defective components must be analyzed.
- Evidence can be lost or altered.
Hess Injury Law Firm understands the technical demands of these claims. They work with engineers, accident reconstruction experts, and product safety specialists to determine precisely what went wrong.
Stages of an Auto Defect Wrongful Death Claim
Investigation Phase
- Securing the vehicle
- Inspecting defective components
- Reviewing recall history
- Collecting crash data
Filing the Lawsuit
- Identifying all potential defendants
- Filing within the statute of limitations under 735 ILCS 5/13-202 (generally two years for wrongful death)
Discovery Phase
- Depositions of engineers and corporate representatives
- Examination of internal safety documents
- Expert analysis
Negotiation or Trial
- Apportionment of fault
- Presentation of engineering and crash reconstruction evidence
- Jury determination of damages
Each stage involves strategic decisions that can dramatically affect the outcome.
Why Families Need an Attorney in Multi-Defendant Cases
These cases are aggressively defended. Corporations with national legal teams often dispute defect claims.
Families benefit from attorneys who:
- Understand product liability law.
- Know how to preserve technical evidence.
- Can challenge corporate defense strategies
- Have experience negotiating with multiple insurers
Hess Injury Law Firm brings the perspective of its founder, Matt Hess, who previously worked for a major insurance carrier. That experience provides insight into how insurers evaluate and defend catastrophic claims.
Why Choose Hess Injury Law Firm
Families trust Hess Injury Law Firm because:
- Matt Hess has handled thousands of insurance claims and hundreds of lawsuits.
- He is a 2017–2024 Super Lawyer and Rising Star
- The firm has recovered millions for injured clients.
- They treat every case as unique.
- They provide direct, responsive communication.
- They are available 24-7 for consultations.
As longtime Hoffman Estates residents, the attorneys understand the local communities, court systems, and roadways where serious crashes occur.
Car Accident Claim Frequently Asked Questions
Can Multiple Companies Really Be Sued For One Fatal Crash?
Yes. If a defective vehicle component contributed to the death, every company in the chain of distribution may be named as a defendant under Illinois product liability law.
What If The Crash Was Partly Caused By Another Driver?
Illinois allows recovery under modified comparative negligence. As long as the deceased was not more than 50 percent at fault, damages may still be recovered from other responsible parties.
How Long Do Families Have To File A Wrongful Death Lawsuit?
Generally, two years from the date of death under Illinois law. However, product liability cases can involve complex timing issues, so immediate consultation is critical.
What Damages Are Recoverable In An Auto Defect Death Case?
Damages may include loss of financial support, loss of companionship, funeral expenses, medical expenses, and conscious pain and suffering under the Survival Act.
Do Auto Defect Cases Require Expert Testimony?
Almost always. Engineers and crash reconstruction experts are typically necessary to prove that a defect caused or worsened the fatal injuries.
Call Hess Injury Law Firm Today For A Free Consultation
If your family lost a loved one in a fatal vehicle crash in Hoffman Estates or surrounding communities, including Schaumburg, Palatine, Rolling Meadows, Elk Grove Village, Streamwood, Hanover Park, Inverness, Arlington Heights, or East Dundee, you deserve answers. Contact our Hoffman Estates car accident lawyer by calling (847) 708-4377 to receive your free consultation. Be sure to read our client reviews.
Hess Injury Law Firm
1130 Glen LaneHoffman Estates, IL 60169
Phone: (847) 708-4377
Available 24/7 for free accident claim consultations
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