Felony charges filed, Illinois law changed in wake of tow truck driver’s death on I-255
The death of an East Carondelet emergency responder, who was hit by a passing car while working to remove a broken down vehicle from the road, has led to a criminal charge against the driver and a change in state law to try to prevent future crashes.
Tow truck driver Wade Bivins, 57, died Wednesday, Nov. 29, 2023, in a crash on Interstate 255 near Columbia. He was struck as he walked from the back of the truck to the driver’s side door after loading the disabled vehicle. It happened around 10:18 a.m., according to information provided by Illinois State Police at the time.
Bivins was also a longtime volunteer firefighter for the Prairie Du Pont Fire Department. He is survived by his wife of 35 years, three daughters and three grandchildren.
Monroe County State’s Attorney Ryan Webb filed a felony charge in relation to Bivins’ death this month.
Jason Hale, 48, of De Soto, was charged Oct. 10 with passing an emergency vehicle resulting in injury or death, which is a Class 4 felony.
Webb declined to comment on the case this week because it is still pending.
Amanda Chase, Hale’s attorney, also declined to comment on the case except to say in a statement that she will assess the evidence and hold the state to its burden of proving the allegations against her client beyond a reasonable doubt.
Hale has entered a plea of not guilty. He will not be held in jail before his trial, according to a pretrial release order from Monroe County Circuit Court Judge Chris Hitzemann.
Chase’s statement also praised Nicole O’Bryan, Bivins’ manager at Paw Paw Towing, and state Rep. Amy Elik, R-Godfrey, who each advocated for a change in state law following Bivins’ death to try to increase the visibility of tow trucks while they work on roadways.
“The death of Wade Bivins was a horrific tragedy,” Chase stated. “Our hearts are with the family and community who still mourn this unspeakable loss.”
The day before Bivins’ funeral in early December, Elik filed a bill to allow tow trucks to use green oscillating or flashing lights, in addition to amber and white ones they already have, at the scene of a crash or disabled vehicle. Bivins’ tow truck was displaying warning lights at the time of the fatal crash, according to the charging document in the criminal case.
Gov. J.B. Pritzker signed the emergency vehicle lights bill into law on July 19. It takes effect Jan. 1.
Four local lawmakers sponsored the bill in addition to Elik: Rep. Kevin Schmidt, R-Millstadt; Rep. Charlie Meier, R-Okawville; Sen. Erica Harriss, R-Glen Carbon; and Sen. Chris Belt, D-Swansea.
“This legislation stands as a testament to our commitment to ensuring the safety of those who selflessly serve our communities,” Elik said in a statement this summer.
