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A man was killed on the far South Side in the Hegewisch neighborhood when the vehicle he was driving struck a salt truck. Victor D. Crosby, 37, was driving his 2004 Ford SUV around 1:20 a.m. on Sunday northbound on Avenue O when he struck the rear driver’s side of a salt truck that was traveling west at the intersection with East 130th Street. The Chicago police and medical examiner’s office stated that the car accident crumpled the SUV’s front end and detached one of the vehicle’s wheels.
A 2005 Nissan Altima that was also heading north on Avenue O rear ended the Crosby, but the Altima’s driver and passenger were unharmed. The driver of the salt truck, a 55 year old man, was taken to Trinity Hospital in good condition. Crosby was declared dead at the scene, dying of blunt force trauma. He lived in the East Side neighborhood.
Car Accidents with Government Vehicles
Accidents involving government vehicles have different laws, rules, and procedures for victims seeking compensation for injuries. The Illinois Court of Claims Act dictates the types of cases that can be filed against state and local government involving claims of personal injury. In some situations, government employees are protected by sovereign immunity, which bars lawsuits by citizens for harm caused in accidents and other incidents. In Illinois, the victim of an accident that involves a government employee can bring a claim for personal injury if the claim would be available if it could be brought against a private individual or entity. For example, a private citizen can bring a lawsuit for car accident injuries against a government employee driving a government vehicle at the time of the accident.
For claims against local governments, the Local Governmental and Governmental Employees Tort Immunity Act protects public entities and employees from liabilities arising out of the operation of the government. Typically, in order to bring a claim against a local employee or entity, the conduct causing the injuries must be willful or wanton in action. An experienced personal injury attorney will be able to review the facts of your case to determine whether your lawsuit against the government has standing under Illinois law.
Statute of Limitations for Government Claims
The time limit for filing a claim against a government employee or entity for injuries is also different than a private claim. Under Illinois law, an injury victim has one year to file a claim with the Attorney General from the date of the accident. Even if the notice is not filed, a victim has two years at the most from the date of the accident to file a lawsuit for damages. For claims against local government entities, the statute of limitations is one year, or two years if the claim involves medical malpractice.
Call Our Office Today
If you wish to file a claim against the government for an accident, our office is able to help. Call or contact the office of Harvey L. Walner in Chicago today for a free consultation of your case.
