September of this year was a terrible day for many Americans. Obviously, it was the 11th anniversary of the 9/11 terror attacks, which brought back disturbing memories for many across the country. It was also the day that Ambassador Christopher Stevens and two others were killed in a coordinated attack on the U.S. consulate in Benghazi, Egypt. And here in Illinois, it was the day that a young motorcyclist was killed in what is now being called a drugged driving Illinois motorcycle accident by authorities.
Last week, a 27-year old Virden man was charged in Sangamon County Circuit Court with aggravated driving under the influence. The indictment stems from an incident just before 5:45pm on the 11th of September, when the suspect was driving south on Curran Road southwest of Springfield and tried to turn left onto Spaulding Orchard Road. In doing so, his car struck a motorcycle being driven by a 23-year old Springfield man, who was thrown some 20 feet from his bike. The victim died about an hour later at an area hospital. Subsequent tests showed that the driver of the car had marijuana in his system at the time of the auto accident.
Regardless of whether the Virden man is convicted of aggravated DUI, the fact that he was also charged with failure to yield at an intersection is probably strong enough grounds for the family of the motorcyclist to file a wrongful death lawsuit against the car’s driver. This suit could allow the loved ones of the Springfield man to collect future wages that the victim would have earned in his lifetime had the crash not taken place. The plaintiffs may also receive reimbursement for hospital and burial expenses, and possibly damages for pain and suffering. It’s also possible that punitive damages could be awarded in this type of case.