Would Traffic Control Signals Have Stopped Tragic Collision in Morris?

The Morris Daily Herald ran a story about the death of a bicyclist crossing IL Rt. 47 at Jefferson Street in Morris, Illinois. The article reports that William R. Posey was killed when he was struck by a pick-up truck traveling on Rt. 47 when he was attempting to cross Rt. 47 on November 21st.

According to the December 5th report the accident was still under investigation. Nonetheless it was also reported that the driver of the pickup truck is alleged to have been driving under the influence and has been charged with failing to reduce speed to avoid the accident.

In an accident such as the one reported in this news story, the family of the bicyclist killed in this collision could have the basis to bring a Civil Action based on the Wrongful Death of the bicyclist. In order to bring such an action, the family would have to show 1) the the driver of the car was at fault; 2) that the actions of the driver led to the death of the bicyclist; and 3) that the Estate of the deceased bicyclist has suffered harm as a result of the death of their family member.

An interesting aspect of this case is that there were previous complaints in the community regarding the lighting of the intersection of Rt. 47 and Jefferson Street. According to the report, there has been speculation that better lighting or the presence of a traffic light or other traffic control device may have prevented the deadly collision.

To bring a case against the municipality, county or state for their failure to put up better lighting or a traffic light is extremely difficult. The Local Government and Governmental Employees Tort Immunity Act, commonly referred to in legal circles as the "Illinois Tort Immunity Act" states that a local government may not be held liable for any injuries (including death) that resulted from the mere failure to provide lighting or signs. The Act reads as follows:

(745 ILCS 10/3‑104) (from Ch. 85, par. 3‑104)
Neither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right‑of‑way signs, speed restriction signs, distinctive roadway markings or any other traffic regulating or warning sign, device or marking, signs, overhead lights, traffic separating or restraining devices or barriers.

There are some exceptions to this general prohibition, however. If you or someone you know has been injured in an accident and you have any questions regarding who may or may not be responsible, please contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Chicago bicyclist struck by Chicago police squad car

The Chicago Breaking News Center is reporting that a squad car struck a 15-year old boy on his bicycle in Chicago's Albany Park neighborhood. Not surprisingly, the Chicago Police Department has claimed that the police officer involved in the collision was responding to an emergency call at the time of the collision.

The reason that the CPD's claim is not surprising is that Illinois law provides immunities from liability to police officers responding to an emergency. The Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/) provides the following:

(745 ILCS 10/2‑202) (from Ch. 85, par. 2‑202)
Sec. 2‑202. A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.
(Source: P.A. 84‑1431.)

The important part of this law is the idea of "the execution or enforcement of any law." The caselaw on this phrase essentially says that a police officer will not be responsible for any injuries if they are in the process of responding to a police call or an emergency. Many police officers know this and then claim that they were responding to a police call or an emergency at the time of the accident even though this wasn't the case. Many cases are litigated over whether the police were, in fact, responding to a police call or an emergency.

If the police officer was responding to a police call or an emergency at the time of an accident, they may still be held liable if they acted "willfully and wantonly" at the time of the accident. However, "willfully and wantonly" is a difficult standard to reach and almost requires the injured person to show that the police office either meant to injure them or completely ignored them.

If you are injured while bicycling by a police car (or ambulance, or firetruck or any other "emergency vehicle") and the lights weren't on or you didn't hear a siren, it is important that you make sure this is noted in any reports of the accident. Remember, it is the police department's burden to show they were responding to an accident and they are entitled to immunity.

While this law may favor police departments, and there are good public policy reasons for the legitimate cases, injured people are entitled to fair justice as well. If you have any questions regarding this post or this legal issue, please contact Attorney Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.