Kevin Herrera Killed In Chicago Bus Accident By Ashland Avenue and 47th Street

Bus Accident - February 22, 2023

Kevin Herrera, 28, Died In Back of the Yards, Chicago Bus Accident By The Intersection of Ashland Avenue and 47th Street —> GoFundMe Created To Help Victim’s Family

CHICAGO, ILLINOIS (February 22, 2023) – A 28-year-old man identified as Kevin Herrera was killed in a Back of the Yards, Chicago bus accident near the intersection of Ashland Avenue and 47th Street. 

Cook County officials are saying that the collision took place around 2:00 p.m. on February 14. Kevin Herrera was crossing the road when he was struck by a Chicago Transit Authority (CTA) bus. 

Firefighters and paramedics were called to the scene of the collision in order to help the victim. He was pinned underneath the CTA bus but was eventually freed with the use of a pneumatic air bag car jack. 

Kevin Herrera was taken to the University of Chicago Hospital where he was later pronounced dead. Police officers did not issue the bus driver involved in the fatal collision any citations. You can help support the family of the victim through GoFundMe. 

According to the fundraiser, “Kevin leaves behind his loving mother Sofia Navarro and only brother Ramon Herrera Jr. Kevin loved video games, his dog Layla and his two nieces Alexandra and Sophia Herrera. […]  Our family is at a loss for words and not prepared for the high cost of a funeral. We are devastated by Kevin’s passing and want to give Kevin the memorial he deserves, honor his memory and say our last goodbyes.”

A full investigation into the Back of the Yards CTA bus accident remains ongoing at this time. 

Liability For Chicago Bus Accidents

Chicago has a large population with many busy urban areas. Pedestrians are forced to constantly navigate around large buses and other dangerous vehicles. According to one estimate by the Chicago Department of Transportation, traffic deaths were up by as much as 45% in 2021 from the previous year. This was due in large part to speeding. The Chicago Tribune estimates that the CTA is involved in around 1 bus collision per day. That is one collision per day, too many. There are a number of steps that cities can take to prevent pedestrian accidents. 

• Pedestrian Zones: Cities can eliminate more and more places that cars are allowed to travel. This may seem like a radical idea, but New York City has already successfully designated more and more areas as pedestrian only zones. City officials plan to continue this trend. 
• Enforcement: Police officers should heavily enforce traffic violations likely to result in pedestrian collisions. Areas with a history of speeding or accidents should be more closely monitored. 
• Infrastructure: Improving pedestrian infrastructure can go a long way towards preventing accidents. In particular, pedestrian bridges can help remove the need for pedestrians to cross particularly busy intersections. Traffic calming measures can also dramatically reduce speeding. 

Chicago buses are considered “common carriers” under the Common Carrier Liability Act (740 ILCS 25/). They are therefore held to a high standard in terms of safety. They must do everything in their power to avoid collisions and must use the care and vigilance of a highly cautious person. Many bus accidents are due to drivers that fail to yield the right-of-way to pedestrians. Pursuant to Illinois Vehicle Code 625 ILCS 5/11-1003.1, the driver of any vehicle shall exercise due care to avoid any pedestrian or bicyclist in the roadway. If a driver failed to slow down to avoid hitting a pedestrian, this could form the basis of a negligence claim. 

If a bus driver was working at the time of a collision their employer could be held at fault. 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. The CTA is managed by the city of Chicago. When a CTA bus driver is negligent, the city of Chicago could be held at fault for the collision. There are a number of steps that should be taken after any bus accident. 

• Surveillance footage of the crash should be sought.
• Medical records should be preserved. 
• Eye witnesses should be interviewed. 
• The police report for the accident should be reviewed. 

The CTA should be doing everything in their power to prevent collisions and better train their drivers. But in far too many instances, they seek to blame accident victims when they are pressed in court. It is important that accident victims understand that they do have rights. The family of any person that is killed in a collision with a CTA bus can seek some measure of accountability through a civil claim. It is very important that all evidence related to the collision is properly preserved. Evidence is what will ultimately be necessary to demonstrate negligence. 

Investigating A Chicago Bus Accident

We at Horwitz Horwitz & Associates extend our deepest condolences to the family of Kevin Herrera. Any person that may have more information about what happened should reach out to the police. The CTA should do the right thing and offer total transparency about what happened. There are so many questions that need to be answered. Was the bus driver involved in this accident properly licensed? Were they distracted? Does this intersection have a history of collisions? 

Do you need more information about a CTA bus accident? Our team of pedestrian 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 the CTA is held to account for the negligent actions of their drivers. Whether you just have legal questions or need a free investigation into any accident we are here for you. You can reach out to us anytime at (312) 564-4256.