Joshua Avina, 15, Killed In Chicago Delivery Truck Accident By 62nd Street and Austin Avenue

Wrongful Death - June 29, 2022

Joshua Avina (Joshua Avina-Luna) Died In Chicago Bicycle Accident Involving Delivery Truck By 62nd Street and Austin Avenue Near The Midway Airport in The Clearing Neighborhood

CHICAGO, ILLINOIS (June 29, 2022) – A 15-year-old bicyclist identified as Joshua Avina was killed in a delivery truck accident by 62nd Street and Austin Avenue.

Cook County police are saying that the accident took place around 4:00 p.m. on Friday. Joshua Avina was riding a bicycle by an alley when he was struck by the delivery truck.

Firefighters and paramedics were called to the scene of the accident in order to help the victim. Joshua Avina was taken to the Christ Medical Center in Oak Lawn in order to receive treatment.

Sadly, he died at the hospital on Monday afternoon. Police interviewed the driver of the delivery truck who remained at the scene. A full investigation into the deadly bicycle accident near the Midway Airport remains ongoing at this time.

This is the second fatal truck accident involving a teenage bicyclist in the past few months. Jose Velásquez, 16, died after he was hit by a truck while riding a bicycle in Chicago along South Paulina Street in March, 2022.

Liability In Chicago Delivery Truck Accidents

Many people have turned to bicycles as a form of transportation and exercise across Illinois. But far too many people have been killed or seriously injured over the years in Chicago bicycle accidents. According to the Active Transport Alliance, “In 2016, there were almost 7,000 bicycle and pedestrian crashes in the Chicago region and just over 100 fatalities. In 2016, our region saw approximately one pedestrian or bicyclist killed every third day and injured every 2 hours in traffic crashes.” There are a number of steps that cities can take in order to reduce bicycle accidents.

• Cities can install protected bicycle lanes that use concrete pillars that create a physical barrier between cyclists and vehicles.
• Police officers can heavily enforce traffic violations likely to lead to bicycle accidents.
• City officials should study roadways and intersections with a history of bicycle accidents. If necessary, these roadways or intersections may need to be re-designed.

Delivery truck drivers will typically need a commercial driver’s license when their vehicle has a weight of 26,001 pounds or more. Commercial drivers are held to a high standard in terms of safety and are expected to operate their vehicle with a high degree of vigilance and care given their specialized training. Pursuant to Chicago ordinance 9-40-160, all drivers must exercise due care in order to avoid colliding with any pedestrian in the roadway. They must be particularly cautious when approaching any “child or any confused or incapacitated person” in the road.

If a truck driver is negligent and hits a bicyclist, their employer could potentially be held at fault through a civil claim. Generally speaking, employers are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a truck driver may have been delivering packages when they caused an accident.  There are a number of questions that need to be asked after any fatal truck accident.

• Was the truck driver properly licensed and insured?
• What is the employment status of the truck driver?
• Is there surveillance footage that captured the accident?
• Is there a history of collisions where the accident took place?

The family of any bicyclist killed in a Chicago truck accident may have legal recourse through a wrongful death claim. A civil claim can help cover many of the expenses that can come with the sudden and tragic loss of a loved one. Family members of the deceased may also be able to pursue a survival action claim. Sadly, though, truck companies will often fight extremely hard to deny liability for any accident involving their driver. This is why it is so important that evidence is properly preserved after any accident.

Investigating A Chicago Delivery Truck Accident

We at Horwitz Horwitz & Associates extend our deepest condolences to the family of Joshua Avina. Any person that may have more information about what happened should reach out to investigators. Police officials should not simply take the truck driver’s word about what happened. They owe it to the victim’s family to conduct a thorough investigation that evaluates all of the evidence that they receive. It is our sincere hope that  steps are taken to prevent other tragedies across Chicago.

Do you need more information about a Chicago bicycle accident? Our team of bicycle safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that city officials are doing everything in their power to help make our communities safer for children and all bicyclists. Whether you just have legal questions or need a free, independent investigation into the circumstances of a collision, we are here for you. You can reach out to us anytime at (312) 564-4256.