A crash in May killed 32-year-old Sarah Kamp of Byron. Her husband, Jason Kamp, has filed a lawsuit against the Stephenson County Sheriff’s Department, which claims that the dispatcher’s oversight is the cause of Sarah’s death. Sarah passed away on May 20 due to injuries she sustained in a 2-car wreck at the intersection of Rock City and Montague roads, just south of German Valley.
The wrongful death lawsuit was filed on September 13th in the 15th Judicial Circuit Court in Freeport. It alleges that the 911 dispatcher took a call at 5:51 am on May 20 about a missing stop sign at this intersection. She then promised the caller that “someone would be out there to take care of it.” Instead, the dispatcher took another call shortly afterward and forgot to relay this information to the Stephenson County Highway Department. The 911 center had a 6:00 am shift change, and no one was notified of the missing stop sign, alleges Kamp’s lawsuit.
The crash that killed Sarah Kamp occurred at 7:07 am. According to Illinois State Police, Kamp was driving a 2002 Toyota westbound on Montague Road and she entered the intersection without stopping, hitting a white Saturn driving north on Rock City Road. Police said that the stop sign for the intersection was found later with evidence of weather damage in a field close by.
Attorney Tim Mahoney, who is representing Jason Kamp, said, “The intersection has been the location of several wrecks in the past few years. The stop sign at the intersection, which would have directed Sarah to stop, was missing. Presumably from a bad storm the night before.” The lawsuit is requesting a trial by jury and a judgment in excess of $4 million, as well as the cost of the lawsuit.
According to Mahoney, the circumstances of the accident were tragic for everyone, as the Kamp’s son was just 21 months old at the time of her death. Sarah was also pregnant with a second child and traveling to see her OB-GYN in Freeport when she was killed.
The lawsuit is charging the department with wrongful death, alleging that the negligent acts of the dispatcher led to Sarah Kamp’s death. According to Stephenson County Engineer Chris Isbell, it’s protocol for highway crews to inspect roadways in the early morning after serious storms to look for downed signs, branches or flooding.
He stated that his crew was out looking at the time of the accident and two of his personnel arrived on the scene shortly after the accident because “that was the area they were in the process of checking… It’s top priority for us to either put up a temporary sign or replace the sign.”
Stephenson County Sheriff David Snyders has declined to comment on the case, although he confirmed his department has been in contact with legal counsel and its insurance provider. He could not immediately offer statistics of the frequency of accidents at the intersection.
The allegations in this lawsuit have not been proven, and the county has not responded to them in court. The details above reflect what has been reported and what the complaint alleges. The amount a lawsuit asks for is a demand, not an award, and it does not indicate what any case is worth.
Wrongful-Death Claims Against Government Entities in Illinois
When a death is blamed on a public agency, such as a county sheriff’s department, a 911 dispatch center, or a highway authority, an Illinois wrongful death claim is much harder than a claim against a private driver or business. Showing that a public employee was careless is usually not enough on its own, because Illinois gives public bodies protections that private defendants do not have.
The biggest hurdle is immunity. Under the Local Governmental and Governmental Employees Tort Immunity Act, a local entity is not liable for failing to provide police protection or to prevent a crime (745 ILCS 10/4-102), and it is not liable for an injury caused by the failure to initially provide a stop sign or other traffic control device (745 ILCS 10/3-104). Claims arising out of a 911 call are narrower still. The Illinois Supreme Court has held that those claims fall under the limited immunity in the Emergency Telephone System Act, which means a family generally has to show gross negligence, recklessness, or intentional misconduct rather than ordinary carelessness (50 ILCS 750/15.1; Schultz v. St. Clair County, 2022 IL 126856). Courts also draw fine distinctions, such as between never installing a sign in the first place and failing to maintain one that was already there, so how a claim is framed matters a great deal.
Two deadlines matter most. In Illinois, a wrongful death action generally must be filed within two years of the person’s death (740 ILCS 180/2), and it is usually brought by the personal representative of the deceased person’s estate on behalf of the surviving spouse and next of kin. When the defendant is a local government entity or its employee, a much shorter deadline applies: the claim generally must be commenced within one year from the date the injury was received or the cause of action accrued (745 ILCS 10/8-101). Because that one-year window can pass quickly, families weighing a claim against a public agency benefit from talking with an Illinois wrongful death lawyer early.
Many of these claims also involve a fatal crash, which means the facts of the car accident itself, from road conditions to signage, are central to the case. That is true whether the collision happened in the Chicago area or in northern Illinois communities served by a Rockford car accident lawyer.
At 844-SEE-MIKE, we review these cases for free and explain your options in plain terms. You pay nothing unless we recover money for you.
Frequently Asked Questions
What is a wrongful death claim in Illinois?
A wrongful death claim is a civil case that surviving family members can bring when a person dies because of another party’s negligent or wrongful act. It seeks compensation for the family’s losses, such as lost financial support and the loss of the person’s companionship.
How long do you have to file a wrongful death lawsuit in Illinois?
In most cases, a wrongful death action must be filed within two years of the date of death. The window stretches to five years when the death results from violent intentional conduct, and to one year after the final disposition of a related criminal case when the defendant is charged with an offense such as murder or reckless homicide (740 ILCS 180/2). A shorter one-year deadline applies to claims against local government, so confirm your date with an attorney rather than assuming you have two years.
Can you sue a government agency for wrongful death in Illinois?
Sometimes, but the bar is higher and the clock is shorter. Claims against a local government entity or its employees generally must be started within one year of the injury or when the cause of action accrued (745 ILCS 10/8-101). Public entities also have real immunities, including for failing to provide police protection (745 ILCS 10/4-102) and for failing to initially install a traffic sign (745 ILCS 10/3-104), and claims involving a 911 call usually require proof of gross negligence, recklessness, or intentional misconduct rather than ordinary negligence (50 ILCS 750/15.1).
Who can file a wrongful death claim in Illinois?
A wrongful death action is generally brought by the personal representative of the deceased person’s estate on behalf of the surviving spouse and next of kin (740 ILCS 180/2). Any money recovered is distributed among those family members.
This article is general information about Illinois law and is not legal advice. If you have lost a loved one and believe another party may be responsible, Contact 844-SEE-MIKE anytime for a free, no-pressure consultation.
