On September 12, 2020, a catastrophic multi-vehicle crash on Interstate 294 forever changed the lives of the Falco family. After years of complex litigation involving multiple defendants, disputed liability, and challenging questions of causation, GWC Injury Lawyers secured a $3.2 million settlement on behalf of the family. The result reflects the firm’s commitment to pursuing justice in even the most difficult wrongful death and catastrophic injury cases.
Catastrophic Multi-Vehicle Crash Leads to Wrongful Death
The collision began when Defendant 1 lost control of his passenger vehicle while driving at a high rate of speed. According to the driver of a commercial box truck (Defendant 2), the crash occurred during a heavy rainstorm with little to no visibility. However, other drivers disputed that weather or road conditions played a significant role in causing the crash.
After losing control, Defendant 1 struck several vehicles traveling in the same direction before crossing the median into oncoming traffic. His vehicle then collided head-on with the vehicle driven by Mr. Falco, whose wife, Mrs. Falco, was riding in the passenger seat.
According to Defendant 2’s accident reconstruction expert, approximately 0.9 seconds after the initial head-on collision, Defendant 2’s commercial box truck struck the passenger side of the Falco vehicle after it was pushed into his lane by the force of the first impact.
Wrongful Death, Injuries and Criminal Proceedings
The crash caused serious injuries to Mr. Falco and fatal injuries to Mrs. Falco.
Following a criminal trial, Defendant 1 was found guilty of reckless homicide. His insurance carrier later tendered its full policy limits of $200,000, resolving the claims against him before the civil trial.
The case then proceeded against Defendant 2 and his employer, a commercial trucking company.
The Civil Lawsuit
The plaintiffs alleged that the negligence of Defendant 2 and the trucking company contributed to the crash and was a proximate cause of both Mr. Falco’s injuries and Mrs. Falco’s wrongful death.
The defense disputed those claims, arguing that:
- Defendant 1’s reckless driving was the sole proximate cause of the collision.
- The second impact occurred less than one second after the first, leaving Defendant 2 with no reasonable opportunity to avoid the crash.
- Plaintiffs could not prove that the second collision caused Mrs. Falco’s fatal injuries or contributed to Mr. Falco’s injuries because he had already been rendered unconscious in the initial head-on collision.
These issues created significant factual and legal challenges that would have been central at trial.
Punitive Damages Strengthened the Case
Just two weeks before trial, the court granted the plaintiffs permission to amend their complaint to include a claim for punitive damages.
The amendment was based on testimony from Defendant 2 admitting that he was driving above the speed limit in a non-active construction zone, believed visibility was severely limited due to heavy rain, and continued driving despite the dangerous roadway conditions. The case was assigned for trial before the Honorable Judge Trevino at the Richard J. Daley Center.
A $3 Million Settlement for Wrongful Death Before Trial
After extensive discussions regarding the evidence, anticipated motions, and the risks facing both sides, the parties reached a settlement before trial. The insurers for Defendant 2 and the trucking company agreed to pay an additional $3 million, bringing the total recovery to $3.2 million, including the earlier policy-limits settlement. Given the difficult legal questions surrounding causation and the role of the second collision, the settlement represented a meaningful result for the Falco family.
The GWC Trial Team
The case was handled by a collaborative trial team that included:
- Autumn Leslie, Senior Trial Counsel
- Taylor Shur, Associate Attorney, participating in her first jury trial
- Michael D. Krause, newly named partner at GWC Injury Lawyers
Krause joined GWC less than one week before the case was scheduled for trial after spending more than 30 years as a respected defense attorney handling catastrophic injury and wrongful death litigation. He now focuses on representing individuals and families harmed by negligence.
Attorney Statement
“As one of Illinois’ premier negligence law firms, our trial team is incredibly proud to have reached this settlement for this wonderful family. Through a just result, Mr. Falco and his adult children can finally begin to find the closure they deserve. After more than three decades of practicing law, this is one of the most fulfilling results I have had the privilege to be part of. Representing consumers, construction workers, and everyday people harmed by the negligence of others is exactly why I became a trial lawyer. This case was a strong start to my new career at GWC.”
— Michael D. Krause, Partner
Experienced Representation for Catastrophic Injury and Wrongful Death Cases
GWC Injury Lawyers has recovered more than $2.5 billion in settlements and verdicts for injured clients and their families. Our attorneys have extensive experience handling complex catastrophic injury and wrongful death cases throughout Illinois.
If you or a loved one has been seriously injured because of someone else’s negligence, our legal team is ready to help you pursue the compensation you deserve.
To learn more about this case or speak with Michael D. Krause, call 312-464-1200 or email mkrause@gwclaw.com.