City of Champaign Sued After Death of Tow Truck Driver

A reported $2 million settlement followed the death of a 20-year-old tow truck driver who was struck while clearing debris from a crash.

A 20-year-old tow truck driver, Ross Booker of St. Joseph, was killed in March 2022 after being struck by another driver while cleaning up debris from a separate accident near the intersection of Neil Street and Windsor Road in Champaign. The driver who struck Booker was 16 years old at the time and was later convicted of failure to reduce speed to avoid an accident.

Booker’s family later filed a wrongful death lawsuit against the City of Champaign, alleging that Champaign police officers contributed to his death by allowing him to enter the intersection while he was clearing debris from the earlier accident.

Quick Answer

The City of Champaign ultimately approved a reported $2 million settlement with Booker’s family. The case illustrates how claims involving police officers, municipalities, and other government entities can be subject to special immunity rules and procedural requirements under Illinois law.

Tow Truck Driver Killed While Clearing Crash Debris

Ross Booker was working as a tow truck operator when he was struck by a passing vehicle while assisting at the scene of another accident. Booker was 20 years old and was in the roadway cleaning up debris when the collision occurred.

According to reporting on the proposed settlement, the teenager who struck Booker later pleaded guilty to failure to reduce speed to avoid an accident. The driver paid a fine and had his driver’s license revoked as a result of the conviction.

The Civil Lawsuit

Booker’s family filed a wrongful death lawsuit against the City of Champaign and alleged that police officers at the accident scene should not have allowed Booker to enter the intersection under the circumstances. The lawsuit also involved allegations concerning the way traffic was permitted to move through the area while Booker was working.

$2 Million Settlement Approved by Champaign City Council

In February 2024, the City of Champaign was considering a reported $2 million settlement of the wrongful death lawsuit. The proposed agreement was reached following mediation and an evaluation of the risks and expenses associated with continuing the case.

The Champaign City Council later voted unanimously on February 6, 2024, to authorize the reported $2 million settlement. The settlement was covered by the city’s insurance policies. Reports also indicated that the agreement was not an admission of liability or fault by the city or its officers.

Settlement Outcome

$2M

Reported Settlement

2024

Council Approval

Unanimous

City Council Vote

Government Liability and Sovereign Immunity in Illinois

Suing a government entity is different from pursuing a personal injury claim against a private individual or business. Illinois has separate statutes governing when the State and local governments may be sued and when government employees are protected by immunity.

Under the State Lawsuit Immunity Act, 745 ILCS 5/1, the State of Illinois generally cannot be made a defendant in court except through specified statutory exceptions, including the Court of Claims Act.

Claims against the State that fall within the Court of Claims Act are generally brought in the Illinois Court of Claims. The Court of Claims Act, 705 ILCS 505/8, provides jurisdiction over tort claims against the State and includes a statutory limit on awards in most tort cases. The statute currently provides a $2 million limit for most qualifying tort awards, subject to an annual adjustment tied to the Consumer Price Index. A separate exception applies to certain claims arising from the operation of a state-owned, leased, or controlled vehicle by a state employee.

State Government vs. Local Government

A claim against the State of Illinois is generally handled differently from a claim against a city, village, county, or other local government. Local government claims are typically governed by the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/.

How the Illinois Tort Immunity Act Can Affect a Claim

The Illinois Tort Immunity Act does not simply eliminate all lawsuits against local governments. Instead, it provides specific immunities and defenses that may apply depending on what government employee or agency was involved, what conduct caused the injury, and the particular legal duty at issue.

For example, under 745 ILCS 10/2-202, a public employee generally is not liable for an act or omission in the execution or enforcement of a law unless the conduct amounts to willful and wanton conduct. Illinois defines willful and wanton conduct as conduct showing an actual or deliberate intention to cause harm or, when not intentional, an utter indifference to or conscious disregard for the safety of others or their property.

The Act also contains other provisions that may provide immunity depending on the circumstances. For instance, 745 ILCS 10/2-109 generally provides that a local public entity is not liable for an injury resulting from an act or omission of its employee when the employee is not liable.

Other sections of the Act address discretionary governmental decisions, supervision, public property, police activities, emergency services, and other specific circumstances. As a result, determining whether a local government or government employee can be held liable requires a careful review of the facts and the particular immunity provisions that apply.

Why These Cases Can Be Complicated

A personal injury or wrongful death claim involving police officers or a municipality may involve questions about duty, causation, governmental immunity, employee conduct, statutory exceptions, and the circumstances surrounding the accident. A claim that might otherwise appear to be an ordinary negligence case can become significantly more complicated when a government entity is involved.

Why an Attorney Is Important in a Government Liability Case

If you or a family member has been injured or killed as a result of the conduct of a government employee or agency, it is important to have an attorney evaluate the claim as soon as possible. Government-liability cases may involve special defenses, procedural requirements, and statutory immunities that do not apply in the same way to claims against private parties.

A lawyer handling the case may need to determine whether the conduct involved negligence, willful and wanton conduct, a discretionary decision, a failure to supervise, or another theory of liability that is recognized under Illinois law. The specific facts can make a significant difference.

Talk to a Champaign, IL Personal Injury Lawyer Today

Patel Law, PC represents the interests of injured plaintiffs and families pursuing personal injury and wrongful death claims involving local governments, government employees, and the State of Illinois. Call our Champaign personal injury lawyers today to schedule a free consultation and learn more about how we can help.