Wrongful Death Claim After a Fatal Motorcycle Accident

Q: Who can file a wrongful death lawsuit in Illinois after a fatal motorcycle accident?

740 ILCS 180/2 (a) says every such action shall be brought by and in the names of the personal representatives of the deceased person, and, except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. Subsection (f) says next of kin includes an adopting parent and an adopted child, treated as a natural parent and natural child for these purposes.

Q: How long do we have to file?

740 ILCS 180/2 (d) says every such action shall be commenced within 2 years after the death, except as provided in subsection (e). An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims' Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) creates two separate extensions against only the individual defendant they describe, not every person or entity: an action may be brought within 5 years after the date of death when the death is the result of violent intentional conduct by that individual, without requiring a criminal charge for that branch; or within one year after the final disposition of the criminal case when that defendant is charged with first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter or reckless homicide (including of an unborn child), or drug-induced homicide under the Criminal Code sections subsection (e) lists. Subsection (f) says that if a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

Q: What damages can be part of a wrongful death claim?

740 ILCS 180/2 (a) says the jury may award fair and just compensation for pecuniary injuries from the death, including grief, sorrow, and mental suffering, and punitive damages when applicable, for the surviving spouse and next of kin, subject to the punitive-damage limits stated in section 1. Pecuniary loss can include loss of money, benefits, goods, services, and society; lost support and household contributions often fit that measure, and the court distributes recovery among beneficiaries under subsections (b) and related provisions. Medical bills and funeral expenses may be pursued through the estate, a Family Expense Act claim, or another appropriate cause depending on who incurred them and the facts, rather than being treated as automatic duplicate items in every wrongful-death award. That wrongful-death measure is separate from 755 ILCS 5/27-6 , which keeps certain personal-injury claims alive after death except slander and libel; survival and wrongful-death claims can both exist in some cases, but they are different actions with different proof and distribution rules.

Last Updated: November 5, 2026

740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the injured party to maintain an action and recover damages, including punitive damages when applicable, then the person, company, or corporation which would have been liable if death had not ensued shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death, and although the death was caused under circumstances amounting in law to a felony. Nothing in that section affects the applicability of 735 ILCS 5/2-1115 or 745 ILCS 10/2-102 or 745 ILCS 10/2-213. Punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of either in that employee’s official capacity. The changes made by Public Act 103-514 apply to actions filed on and after August 11, 2023. 740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person, and, except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. 740 ILCS 180/2(d) says every such action shall be commenced within 2 years after the death, except as provided in subsection (e). An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) extends its period only against the individual who allegedly committed the violent intentional act or was the defendant charged with a listed crime. Subsection (f) says that if a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18. 735 ILCS 5/2-1116 says that in an action for bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff is barred if the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury or damage. If that fault is not more than 50% of the proximate cause, the plaintiff is not barred, and any damages allowed shall be diminished in proportion to the amount of fault attributable to the plaintiff. No contributory fault may be attributed to a plaintiff in a personal-injury action based on childhood sexual abuse as section 13-202.2 defines it.

Losing a loved one in a motorcycle crash can feel unreal. Many families in Peoria and Central Illinois are trying to grieve while also figuring out what happened and what comes next.

This guide explains, in plain language, how wrongful death claims usually work after a fatal motorcycle wreck, and what practical steps can protect your family while facts are still fresh. For an overview of motorcycle crash cases more generally, see our motorcycle accident hub.

Grounding: what a “wrongful death claim” means in Illinois

A wrongful death claim is a civil case. It is different from any criminal case that might come from the crash.

755 ILCS 5/27-6 says that, in addition to the actions which survive by the common law, an action to recover damages for an injury to the person survives, except actions for slander and libel. A survival claim continues the decedent’s personal-injury case; it is not the same measure or distribution as a wrongful-death action under 740 ILCS 180/2.

If you want a deeper explanation of how wrongful death cases are built and what records matter, our Wrongful Death page walks through the basics in more detail.

Immediate steps after a fatal motorcycle crash

Every family’s situation is different. Some people are dealing with hospitals, police, and funeral decisions all at once. The goal here is not to “do everything.” It is to do a few key things that can’t be recreated later.

Get the crash report information. Ask for the agency name and the report or incident number, even if the full report is not ready yet.
Write down who you spoke with. A simple list of names and phone numbers (officers, witnesses, tow company) helps later.
Preserve the motorcycle and gear. If possible, do not repair, dispose of, or “clean up” the helmet, jacket, gloves, boots, or the bike until you have guidance.
Be cautious with insurance calls. It is normal to get quick calls asking for statements. Many policies require timely notice and cooperation, but the exact duties depend on your policy and role in the claim. You can share basic facts, but it is usually wise to avoid guessing or giving a recorded statement until you understand coverage, who represents whom, and what the form may commit you to.
Save funeral and related receipts. Keep a folder (paper or digital). In Illinois, these costs are often part of the damages discussion.
Decide who will handle paperwork. Families do better when one person gathers records and updates everyone, rather than everyone trying to track everything separately.

What to save: evidence that often matters in motorcycle fatality cases

Motorcycle crashes can come down to small details, lighting, sightlines, lane position, road debris, a driver turning left, or a quick lane change. In Central Illinois, the mix of rural roads, construction zones, and weather can add more variables.

Here are items that are commonly important in a fatal motorcycle crash investigation:

Photos or video from the scene, including traffic signals, skid marks, debris, gouge marks, and signage.
Names and contact info for witnesses, including people who stopped briefly but left.
Any nearby camera sources (home cameras, business cameras, dash cams). Video is often overwritten quickly.
Where the motorcycle and riding gear are stored, and what condition they are in (tow yard info and any storage notices).
Medical records from emergency care and hospitalization, plus the death certificate and (if one exists) an autopsy report.
Phone records and messages that may help confirm timing or communication, if that becomes relevant.
Work and income records for the person who passed away (pay stubs, W-2s, benefit info), because lost support is often part of the claim.

Common mistakes (and why they happen)

Trying to solve blame questions in the first week

Families often hear strong opinions right away, sometimes from the other driver, sometimes from bystanders. Motorcycle crashes are also more likely to bring snap judgments like “they came out of nowhere.”

It is okay to say, “We don’t know yet.” A careful investigation is usually more reliable than the first version of the story.

Letting the bike get repaired, released, or destroyed

In fatal motorcycle cases, the bike itself can be evidence. So can the helmet and gear. Once evidence is altered, it can be hard to show what really happened.

Posting details on social media

People post out of grief and support. But posts can be misunderstood later, and they can become part of an insurance dispute. Keeping details private is often safer.

Signing broad releases too early

Some paperwork looks routine but can include broad medical releases or settlement language. If you do not understand what a document does, it is reasonable to pause and get advice.

What insurers usually look for in a fatal motorcycle wrongful death claim

Insurers may use structured claim files and checklists. Clear, consistent documentation often helps; missing or unclear details often trigger follow-up questions without guaranteeing any particular outcome.

Liability clarity

Insurers look for a straightforward explanation of how the crash happened and why the other party could have prevented it. In motorcycle cases, common fact patterns include left-turn failures, unsafe lane changes, and “looked-but-didn’t-see” situations.

Comparative fault arguments

735 ILCS 5/2-1116 says that in an action for bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff is barred if the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury or damage. If that fault is not more than 50% of the proximate cause, the plaintiff is not barred, and any damages allowed shall be diminished in proportion to the amount of fault attributable to the plaintiff. No contributory fault may be attributed to a plaintiff in a personal-injury action based on childhood sexual abuse as section 13-202.2 defines it. Insurers may argue that the motorcyclist contributed to the crash. They may point to speed, lane position, visibility, or helmet use. These points are often disputed and depend on real evidence, not assumptions. In a wrongful-death action, 740 ILCS 180/2(g) through (i) also address decedent and beneficiary contributory fault: beneficiary fault is not a complete defense, but damages may be reduced or a beneficiary barred from recovery under the proportions those subsections describe.

If you want to understand how “motorcycle bias” can affect these conversations and how it gets challenged with facts, read Overcoming Bias in Motorcycle Accident Cases.

A clean medical causation chain

When death is not immediate, insurers often examine the medical timeline closely. They may ask: What injuries were diagnosed? What complications occurred? What did doctors document as the cause of death?

Clear medical records help connect the crash to the loss without exaggeration.

Economic support documentation

Wrongful death damages often include financial support the person would have provided. Insurers usually want proof: work history, benefits, and household contributions. The more organized the records are, the fewer “holes” there are for an insurer to argue about.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Illinois after a fatal motorcycle accident?

740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person, and, except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. Subsection (f) says next of kin includes an adopting parent and an adopted child, treated as a natural parent and natural child for these purposes.

How long do we have to file?

740 ILCS 180/2(d) says every such action shall be commenced within 2 years after the death, except as provided in subsection (e). An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) creates two separate extensions against only the individual defendant they describe, not every person or entity: an action may be brought within 5 years after the date of death when the death is the result of violent intentional conduct by that individual, without requiring a criminal charge for that branch; or within one year after the final disposition of the criminal case when that defendant is charged with first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter or reckless homicide (including of an unborn child), or drug-induced homicide under the Criminal Code sections subsection (e) lists. Subsection (f) says that if a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

What damages can be part of a wrongful death claim?

740 ILCS 180/2(a) says the jury may award fair and just compensation for pecuniary injuries from the death, including grief, sorrow, and mental suffering, and punitive damages when applicable, for the surviving spouse and next of kin, subject to the punitive-damage limits stated in section 1. Pecuniary loss can include loss of money, benefits, goods, services, and society; lost support and household contributions often fit that measure, and the court distributes recovery among beneficiaries under subsections (b) and related provisions. Medical bills and funeral expenses may be pursued through the estate, a Family Expense Act claim, or another appropriate cause depending on who incurred them and the facts, rather than being treated as automatic duplicate items in every wrongful-death award. That wrongful-death measure is separate from 755 ILCS 5/27-6, which keeps certain personal-injury claims alive after death except slander and libel; survival and wrongful-death claims can both exist in some cases, but they are different actions with different proof and distribution rules.

What if the driver says they “didn’t see” the motorcycle?

That is a common statement in motorcycle crashes. It does not automatically answer the legal question. Evidence like sightlines, lighting, intersection layout, vehicle damage, and witness accounts often matters more than the first explanation.

What if the crash involved road debris or poor road conditions?

Motorcycles are more affected by debris, uneven pavement, and loose gravel. Depending on the facts, responsibility could involve a driver, a contractor, or another entity. The key is preserving the scene details and investigating quickly.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, Illinois 61603
Phone: 309-673-0069
Contact: parkerandparkerattorneys.com/contact

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If your family is facing a fatal motorcycle crash loss, Parker & Parker can help you understand what information matters and what steps can protect the facts. Timelines and details matter in Illinois, and it often helps to organize records early while memories and evidence are still clear.

Need a lawyer? This article is part of our Peoria Motorcycle Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Wrongful Death Claims After Fatal Motorcycle Accidents