A Chicago resident was killed in a pedestrian knock down auto accident on the North Side this past Tuesday, according to the Chicago Sun-Times and the Chicago Tribune. The auto accident happened at the corner of Foster and Lincoln Avenue. The driver was reportedly turning right from Lincoln to go Eastbound on Foster when the pedestrian allegedly stepped off the curb and was hit by the turning car. Angelina Romero, of the 2400 block of West Winona Avenue was the pedestrian that was struck in the collision. She was rushed to Advocate Illinois Masonic Medical Center in Chicago in critical condition, where she died Tuesday night
The driver of the car was not issued any tickets and the Chicago Police Department has been quoted by the Tribune as saying “The driver had the right of way. … She stepped in the path of the vehicle.”
Here is the problem: According to family members of the victim, there are no independent witnesses to the accident. The police seem to have initially taken the word of the driver as the truth, but the Chicago Police Department Major Accident Unit is investigating the crash, and it will be interesting to find out what is contained in the report.
Further, if this matter ends up in civil court, the driver of the car will be barred from testifying as to how the accident happened under the Illinois Dead Man’s Act. Also, under Illinois law, a driver has a duty to keep a look out for pedestrians and to yield to pedestrians in a cross walk. This accident happened at a Chicago intersection that has heavy pedestrian traffic.
The police might initially side with the driver, but it is a pretty safe bet that Chicago personal injury lawyers are going to get involved in this case.