Family Sues Car Wash, Driver After Fatal Accident Claims 14-Year-Old’s Life

A family alleges that a car wash and a teenage driver were negligent in a fatal pedestrian accident outside the business.

The family of a 14-year-old boy who was killed in a car crash outside an Illinois car wash has filed a wrongful death lawsuit against the car wash and the father of the 16-year-old driver who allegedly caused the accident.

According to the lawsuit, the victim was standing on a sidewalk across from Fuller’s Car Wash when police say a teenage employee accidentally stepped on the accelerator instead of the brake. The 16-year-old was driving a Jeep Wrangler when the vehicle sped across two lanes of traffic, struck the victim, and ultimately crashed into a sub shop in downtown Hinsdale in July.

The plaintiffs allege that this was the third accident of its kind at the business and contend that the car wash knew pedestrians could be placed in danger but failed to take reasonable steps to prevent another collision.

Quick Answer:
A business may potentially face liability for a pedestrian injury when the evidence shows that the business created or failed to address a foreseeable hazard. In this case, the family alleges that the car wash’s location, prior incidents, and employee conduct created a danger to pedestrians and that the business failed to take reasonable precautions.

What Happened Outside the Car Wash?

According to the lawsuit, the 14-year-old victim was on the sidewalk near Fuller’s Car Wash when the teenage employee entered a Jeep Wrangler. Police determined that the driver accidentally pressed the accelerator instead of the brake.

The Jeep reportedly traveled across two lanes of traffic before striking the teenager and crashing into a nearby sub shop. The collision was fatal.

A Teen Employee Got Into the Vehicle

According to police and the lawsuit, the 16-year-old car wash employee got into a Jeep Wrangler while working at the business.

The Driver Hit the Accelerator

Police said the teenage driver accidentally pressed the accelerator instead of the brake, causing the Jeep to accelerate away from the car wash.

The Jeep Crossed Traffic and Hit the Victim

The vehicle reportedly crossed two lanes of traffic, struck the 14-year-old pedestrian, and then crashed into a nearby sub shop.

A Wrongful Death Lawsuit Was Filed

The victim’s family filed a lawsuit against the car wash and the father of the teenage driver, alleging negligence and seeking accountability for the boy’s death.

The Lawsuit Alleges This Was Not the First Accident

One of the most significant allegations in the lawsuit is that this was reportedly the third accident of its kind at the same business.

According to the plaintiffs, police confirmed that at least one similar incident had occurred approximately one year earlier. In that incident, two vehicles reportedly rolled from the car wash and T-boned another vehicle. Police cited the teenage driver involved in the present crash, but determined that the collision was an accident.

Why Prior Accidents May Matter:
When a business is accused of failing to correct a dangerous condition, evidence concerning prior similar accidents may be important to questions involving notice, foreseeability, and whether additional safety measures were reasonably available.

The family is seeking changes to the location and argues that the car wash should move to an area with less pedestrian traffic. Their position is that the business presents an ongoing danger to pedestrians and other people traveling through the surrounding area.

Is the Car Wash Liable for the Accident?

According to the lawsuit, the plaintiffs are pursuing liability against the car wash for more than one reason.

First, the teenage driver was allegedly an employee of the car wash at the time of the accident. In general, an employer can sometimes be held responsible for the acts of an employee performed within the scope of employment under the doctrine of vicarious liability. Whether that doctrine applies in a particular case depends on the employee’s conduct and the circumstances surrounding the accident.

The plaintiffs are also making a separate negligence allegation against the car wash itself. They contend that the business was located in an area with significant pedestrian traffic and that the car wash knew or should have known that vehicles could present a danger to people using the nearby sidewalk.

Employee Conduct

The plaintiffs allege that the teenage driver was working for the car wash when the accident occurred.

Business Premises

The plaintiffs allege that the car wash’s location and operations created a foreseeable danger to pedestrians.

Prior Notice

The lawsuit alleges that earlier accidents gave the business notice of the potential danger and an opportunity to take preventive measures.

The plaintiffs contend that the car wash knew about the danger to pedestrians but failed to take reasonable measures to reduce that danger. Whether those allegations establish negligence will depend on the evidence and applicable law.

What Evidence Could Be Important in a Pedestrian Wrongful Death Case?

In a fatal pedestrian accident involving a business, a thorough investigation may examine both the driver’s conduct and the conditions surrounding the business. Evidence can help determine whether the accident was foreseeable and whether reasonable safety measures could have prevented it.

Surveillance and Video

Surveillance footage may show how vehicles entered and exited the car wash and what happened immediately before the collision.

Prior Accident Records

Reports, police records, claims, and other documentation concerning previous accidents may help establish whether the business had notice of a recurring danger.

Business Policies and Training

Policies concerning employee driving, vehicle operation, supervision, and safety procedures may help explain how employees were expected to operate vehicles on the property.

Accident Scene Evidence

Photographs, roadway measurements, witness statements, police reports, and other evidence may help establish how the vehicle reached the pedestrian and whether the surrounding layout contributed to the crash.

Preserve Evidence Quickly:
Surveillance footage and other records can be deleted or overwritten. Families dealing with a fatal pedestrian accident should take steps to preserve potentially relevant evidence as soon as possible.

Pedestrian Accidents Can Result in Wrongful Death Claims

Pedestrians have little physical protection when struck by a moving vehicle. Even an accident that occurs at relatively low speeds can cause catastrophic or fatal injuries.

When a pedestrian dies because of another person’s negligence, surviving family members may be able to pursue a wrongful death claim. Depending on the facts, the potential defendants may include the driver, an employer, a business owner, or another entity whose conduct allegedly contributed to the accident.

A wrongful death case may involve losses associated with the victim’s medical treatment, funeral and burial expenses, loss of financial support, loss of the relationship and other damages recognized under Illinois law.

The Family Wants Accountability and Greater Pedestrian Safety

The plaintiffs say they want the car wash to move to an area with less foot traffic. They are also seeking to hold the individuals and entities they believe contributed to the accident legally responsible for the teenager’s death.

Their allegations raise broader questions about how businesses that routinely move vehicles near sidewalks and pedestrian areas should design and operate their facilities. When a business has experienced previous incidents involving moving vehicles, the existence and adequacy of additional safety measures can become especially important.

Fatal Pedestrian Accidents Demand a Thorough Investigation

Determining who is responsible may require examining the driver’s conduct, the employer’s policies, prior accidents, the property layout, and the safety measures that were—or were not—in place.

Talk to a Pedestrian Accident Attorney in Decatur, IL

Accidents involving pedestrians are often fatal. When fatal accidents occur, families may be able to pursue wrongful death claims against the driver who caused the accident and other individuals or entities whose negligence contributed to the death. Our Decatur personal injury lawyers help grieving families and injured pedestrians pursue compensation from at-fault drivers and other potentially responsible parties. Call Patel Law, PC today to schedule an appointment and learn more about how we can help.