Family of 87-Year-Old Man Struck by Garbage Truck Files Wrongful Death Lawsuit
An 87-year-old Illinois man was fatally struck by a garbage truck while walking in Spring Grove, leading to a wrongful death lawsuit and a $1.5 million settlement.
The family of an 87-year-old Illinois man who was struck and killed by a garbage truck while taking a morning walk filed a wrongful death lawsuit against the garbage service company involved in the crash. The case arose from a September 15, 2021 collision at the intersection of Huron Drive and Michigan Drive in Spring Grove, Illinois.
According to the lawsuit, Glenn R. Reed was crossing Huron Drive from east to west at the intersection when a Flood Brothers Disposal Company garbage truck attempted to make a right turn onto Huron Drive. The lawsuit alleged that the truck driver failed to keep a proper lookout, failed to yield to Reed, and failed to take evasive action to avoid the collision.
The parties ultimately reached a settlement. A McHenry County judge approved a $1.5 million settlement between the garbage disposal company and Reed’s family in January 2023.
Quick Answer
The reported $1.5 million settlement resolved the wrongful death lawsuit arising from the fatal garbage truck collision. The lawsuit alleged that the garbage truck driver failed to keep a proper lookout, failed to yield to the pedestrian, and failed to take evasive action. Because the case settled rather than proceeding to a trial verdict, the settlement itself should not be described as a judicial finding that the garbage company or driver was negligent.
What Happened to the 87-Year-Old Pedestrian?
Glenn R. Reed, 87, of Spring Grove, was out for a morning walk on September 15, 2021. The crash occurred at approximately 7:28 a.m. near Huron Drive and Michigan Drive.
An initial police investigation determined that Reed was walking near the edge of the pavement when he was struck by the garbage truck. A medical helicopter was requested but later canceled because of Reed’s grave condition. An ambulance transported him to Northwestern Medicine Hospital in McHenry, where he was pronounced dead.
87 Years Old
Glenn R. Reed was 87 when he was fatally struck while out for a morning walk.
7:28 a.m.
The fatal collision occurred in the morning at the intersection of Huron Drive and Michigan Drive.
Spring Grove, Illinois
The pedestrian crash occurred in a Spring Grove neighborhood in McHenry County.
What the Wrongful Death Lawsuit Alleged
Reed’s daughter filed a wrongful death lawsuit in McHenry County Circuit Court against Flood Brothers Disposal Company. The lawsuit alleged that the garbage truck driver was traveling on a trash collection route when Reed was crossing Huron Drive.
According to the complaint, the driver attempted to make a right turn onto northbound Huron Drive and struck Reed. The lawsuit alleged that the driver failed to keep a proper lookout, failed to yield to Reed, and failed to take evasive action to avoid the collision.
Allegations Versus Findings
These allegations came from the wrongful death lawsuit. Because the parties resolved the case through a settlement, there was no trial verdict determining whether the allegations of negligence were proven.
How a Garbage Truck Can Create Serious Risks for Pedestrians
Large commercial trucks present particular visibility challenges because of their size and configuration. Garbage trucks may have areas around the vehicle where the driver has limited visibility, particularly when the vehicle is making a turn.
A truck driver’s responsibility is not eliminated simply because a pedestrian may be difficult to see. The driver must operate the vehicle with reasonable care under the circumstances and comply with applicable traffic laws. In a pedestrian collision occurring during a turn, evidence concerning the driver’s speed, position, visibility, mirrors, cameras, turning path, lookout, and actions immediately before the collision may become important.
Blind Spots
Large trucks can have areas that are difficult for drivers to see, particularly around the sides and front of the vehicle.
Turning Radius
Commercial trucks may require substantial space to complete a turn, which can create additional risks for people crossing an intersection.
Pedestrian Visibility
A pedestrian may be difficult to see from the driver’s position, especially during a turn or when the vehicle’s path changes.
Lookout
A pedestrian collision can raise questions about whether the driver maintained an adequate lookout and responded appropriately to conditions at the intersection.
Illinois Wrongful Death Claims
Illinois’ Wrongful Death Act, 740 ILCS 180/1, provides a cause of action when a person’s death is caused by the wrongful act, neglect, or default of another when the deceased person would have been entitled to bring an action had death not occurred.
Under 740 ILCS 180/2, a wrongful death action is generally brought by the deceased person’s personal representative for the benefit of the surviving spouse and next of kin, subject to the statute’s provisions concerning distribution and damages.
A wrongful death claim is separate from any criminal investigation or prosecution arising from the accident. The civil case focuses on whether the defendant’s conduct caused the death and what damages are recoverable under Illinois law.
Who Can Bring the Claim?
Illinois wrongful death claims are generally brought by the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin. The statute determines how the claim is brought and who may benefit from a recovery.
The $1.5 Million Settlement
The parties in Reed’s case reached a settlement before the matter went to trial. According to court records reported by Lake & McHenry County Scanner, a McHenry County judge approved a $1.5 million settlement between Flood Brothers Disposal Company and Reed’s family on January 25, 2023.
A settlement resolves a legal dispute without a trial verdict. Unless the settlement agreement provides otherwise, the fact that a defendant agreed to pay a settlement should not be described as an admission that the defendant was legally liable for the accident.
MILLION
Reported Settlement
The court-approved settlement resolved the wrongful death lawsuit brought after the fatal garbage truck collision.
Could the Victim’s Conduct Affect a Wrongful Death Claim?
In a pedestrian accident case, a defendant may argue that the pedestrian’s own conduct contributed to the accident. Illinois law addresses contributory fault in negligence actions through 735 ILCS 5/2-1116.
Under the current statute, a plaintiff’s recovery in a qualifying negligence action is barred when the plaintiff’s contributory fault is more than 50 percent of the proximate cause of the injury or damage. When the plaintiff’s contributory fault is 50 percent or less, the damages awarded are reduced in proportion to the amount of fault attributable to the plaintiff.
In a wrongful death case, the application of fault and damages depends on the circumstances and the claims being pursued. Evidence concerning where a pedestrian was walking, where the collision occurred, traffic signals, the driver’s conduct, visibility, and the sequence of events may all become relevant.
At or Below 50%
A plaintiff is not automatically barred from recovery, but damages may be reduced in proportion to the plaintiff’s fault.
More Than 50%
The statute provides that a plaintiff is barred from recovering damages when the plaintiff’s contributory fault exceeds 50 percent of the proximate cause.
Evidence in a Garbage Truck Pedestrian Accident
Serious pedestrian collisions involving garbage trucks can require an investigation beyond the police accident report. Commercial vehicles may have onboard cameras, telematics, GPS information, maintenance records, and other data that can help establish what happened before the collision.
Vehicle Data
Vehicle cameras, GPS information, telematics, and other electronic data may help establish speed, movement, and timing.
Scene Evidence
Photographs, measurements, traffic signals, roadway markings, visibility, and vehicle positions may help reconstruct the collision.
Witnesses
Statements from pedestrians, motorists, neighbors, and other witnesses may provide information about what happened immediately before the impact.
Commercial Truck Driver Responsibility
Truck drivers have a responsibility to operate their vehicles with reasonable care and comply with applicable traffic laws. When a commercial vehicle is making a turn through an intersection, the driver must account for the presence of pedestrians, other vehicles, roadway conditions, and the truck’s limited visibility.
In a case involving an allegedly missed pedestrian, investigators may examine whether the driver maintained a proper lookout, whether the pedestrian was visible, whether traffic signals or crosswalk markings were present, and whether the driver had a reasonable opportunity to avoid the collision.
The fact that a truck has blind spots does not itself establish negligence. Instead, the circumstances surrounding the driver’s operation of the vehicle must be evaluated based on the available evidence.
Talk to a Champaign, IL Truck Accident Lawyer Today
A pedestrian accident involving a garbage truck or other commercial vehicle can result in catastrophic injuries or death. Determining what caused the collision may require an investigation into the driver’s conduct, vehicle visibility, roadway conditions, traffic controls, company records, and other evidence.
The Champaign, IL truck accident attorneys at Patel Law, PC represent people who have been injured by large commercial trucks, including garbage trucks. Our firm also represents families pursuing wrongful death claims after fatal accidents.
Contact Patel Law, PC to schedule a consultation regarding your Illinois truck or pedestrian accident case.
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Sources
Lake & McHenry County Scanner — Family files lawsuit after 87-year-old fatally struck by garbage truck while on walk in Spring Grove neighborhood
740 ILCS 180/1 — Illinois Wrongful Death Act
740 ILCS 180/2 — Illinois Wrongful Death Act
735 ILCS 5/2-1116 — Limitation on Recovery in Tort Actions
