So far this year, Chicago pedestrians have been killed in accidents involving buses, trains, and more than one Federal Express delivery truck, in addition to fatal crashes involving personal SUVs and sedans. Fatal pedestrian accidents are happening on a weekly basis. See, Chicago Pedestrian Accidents: How Dangerous Are Chicago Streets?
Being a pedestrian in the Windy City today is fraught with danger. Public awareness is thankfully increasing. There has been a great deal of media coverage of the recent horrific death of a 72-year-old woman who was hit by a Federal Express delivery truck as she was moving through a Chicago crosswalk with the assistance of her walker.
Sadly, this travesty is just one of many examples of how commercial vehicles, with drivers who are assumed to be screened, trained professionals, are causing fatal Chicago pedestrian accidents. It’s not just FedEx trucks. Trains and buses are causing the deaths of Chicagoans on a routine basis, too.
Consider this sobering reality: there have been fatal pedestrian accidents in the Chicagoland area involving Metra trains on a monthly basis. Read, “Pedestrian dead after being hit by Metra train near Melrose Park station,” (Train No. 514) written by FOX32Digital Staff and published by Fox32-Chicago on January 22, 2023; “Metra UP-W trains delayed after pedestrian struck, killed near Melrose Park,” (Train No. 14) written by ABC7 Chicago Digital Team and published by ABC7-Chicago on February 20, 2023; and “Pedestrian Struck, Killed by Metra Train Near Busse Highway and Greenwood Ave Park Ridge,” (Train No. 714) published by Arlington Cardinal on March 4, 2023.
Moreover, fatal bus pedestrian accidents within the past 70 days (about 2 and a half months) include not only deadly pedestrian CTA bus accidents but a fatal February bus crash involving a Park Forest-Chicago Heights school bus where a seven-year-old boy was killed. Read, “School bus driver who struck and killed 7-year-old boy did not have a valid license, police say,” written by Beth Lawrence and published by CBS News – Chicago on February 13, 2023.
Commercial Vehicles in Pedestrian Accidents: Common Carriers
Buses, trains, and delivery vehicles for FedEx and UPS are all operated for commercial or business purposes. Throughout the Chicagoland area, they are a means of transporting people or goods, usually on a specific schedule and a set route.
Under the law, these commercial vehicles are “common carriers” with special legal duties for their customers.
Even elevators are considered “common carriers” under Illinois law. And, of course, any commercial vehicle in the State of Illinois that operates as a common carrier must follow state laws designed to protect the public. The owners of these vehicles may also have to comply with federal statutes if the vehicle has, or may, cross the state line.
For instance, if a train moves through Illinois into Indiana, then federal jurisdiction comes into play and the railroad operating that train must abide by the Interstate Commerce Act’s requirements for common carriers and the regulations of the Federal Railroad Administration.
Safety Duties for Illinois Common Carriers
Common carriers must operate at a higher duty of care and safety under both Illinois and federal law. Illinois law mandates, for instance, that common carriers undertake the highest degree of care consistent with the type of vehicle used in the practical operation of its business. Rotheli v. Chicago Transit Authority, 7 Ill.2d 172, 130 N.E.2d 172 (1955).
This higher duty applies to the passengers of the commercial vehicle. For common carriers involved in a Chicago pedestrian accident, then the standard legal duty of care and safety is owed by the carrier to the pedestrian accident victim.
However, these companies will still have legal liability for the accident that has been caused by the employee driver behind the wheel of their vehicle. That driver, as an employee, should have had the proper training, licensure, and monitoring (for things like drinking or drugging on the job). That vehicle should have been properly maintained and repaired, as well.
The higher duties to keep fleets at high service standards and operated by top-notch, professional drivers are created by common carrier laws. They apply to any company bus, train, or delivery truck whenever that vehicle goes into operation.
In any Chicago pedestrian accident case, it will be important to determine if the common carrier requirements were in breach at the time of the crash. Failing to comply with common carrier laws, even in a third-party collision, may be argued as evidence of the company’s neglect.
For more on fleet operations, read: Winter Weather Accidents Caused by Negligent Fleet Management.
Independent Contractors in Chicago Pedestrian Accidents
With sophisticated insurance carriers and teams of defense lawyers on the job, many common carrier companies have attempted to distance themselves from legal liability in motor vehicle accidents using independent contractors.
An independent contractor may be an individual (like an Uber driver) or a company (like a trucking company or commercial driver that contracts to deliver goods for FedEx). See, for instance, Federal Express’ online invitation to become a part of the company’s custom fleet and “How to Become a FedEx Contractor,” written by Brenda Swanson and published by Small Business Chron on October 16, 2019.
Under state law, the common carrier company may argue that it is not responsible for pedestrian accidents involving drivers or vehicle owners who are its independent contractors.
For more on independent contractors and Chicago ride-sharing accidents, read:
- Chicago Uber and Lyft Ridesharing Accident Cases are Different from Other Illinois Motor Vehicle Accident Claims
- Uber Accidents in Chicago: The Growing Danger of Serious Injury in an Uber Rideshare Car Crash.
Commercial Vehicle Liability in Chicago Pedestrian Accidents
When a pedestrian accident happens in the Chicago area where a company vehicle is involved, company management as well as its insurance adjusters will have an established plan of action to implement immediately. All too often, this will be based upon past experience in dealing with prior company accident fatalities.
There will likely be a circling of the wagons of other possible parties who may have liability in a commercial vehicle pedestrian accident in Chicago. The company that owns the delivery truck will be a different party from the company that hired it to transport its goods. Both may have legal liability.
Any company involved in hiring or training drivers may have breached a legal duty. Likewise, a company with the job of repairing or maintaining the vehicles themselves may have shared responsibility for what has transpired.
Accordingly, all Chicago pedestrian accidents with a company vehicle hitting the victim must be given due respect with a careful and thorough independent investigation into the scope of liability for all potential parties.
These companies will not volunteer this information to the pedestrian accident victim or their loved ones. The harsh reality is that these grieving loved ones must take on the job of justice. As claimants, they must investigate, demand, and prove the legal liability of every company who has responsibility for the pedestrian accident fatality.
For more, see:
- Causes of Chicago Pedestrian Accidents
- Why is Chicago So Deadly for Pedestrians?
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Chicago pedestrian accidents are at epidemic proportions. Company vehicles may be responsible for many of these deaths. Trust in our school buses or local trains may be misplaced. Please be careful out there!
