On October 15, 2017, Bobby Figinsky, 13, and his friend Macayla Wilson, 13, were walking along a roadway in Roscoe, which is about 80 miles from Chicago around 7:00 p.m. when a Dodge Dakota pickup truck came up from behind and struck the two teens. When 911 was called and police and medics arrived at the scene, both teens were transported to Mercyhealth Hospital in Rockford and that is where Figinsky was pronounced dead at 7:16 p.m. Wilson, however, managed to survive although she had sustained injuries.
Jen Figinsky told the Chicago Tribune that just before the accident occurred, she had texted her son at 6:43 p.m. asking him where he was and if he needed a ride home. And just a minute later, a 911 call was placed informing police that a crash had occurred. Jen Figinsky stated that moments after the incident transpired, she saw a Facebook post saying that two teens had been involved in an accident and it was at that moment that she knew it was her son.
After the tragic accident occurred, Jen Figinsky wanted answers. And while police claimed they conducted a thorough investigation into the incident, still to this day she feels as though she has not received justice for her son’s death. The Chicago Tribune pointed out that no tickets were issued to the driver who has not yet been identified and the DUI test that was conducted was done so four hours after the fatal crash. But, here’s where things don’t quite add up.
Figinsky pointed out that the driver of the truck had told police that he had consumed an alcoholic drink with his dinner prior to hitting the two teens. However, despite the driver admitting to drinking, officers didn’t take blood until hours later and claimed he wasn’t showing any signs of impairment at the accident scene. Another issue Figinsky found with the case is that there were tire marks off the roadway and she believes they may have belonged to the driver.
With all the evidence along with the fact that this accident cost her son his life, Figinsky still finds herself struggling to obtain the answers she needs and deserves. The heartbroken mother also told the news outlet that she is unable to grieve knowing no one has been held accountable for her son’s death.
While Figinsky has shared her views on how the incident was handled, so have others who were assigned to the case. According to Marilyn Hite Ross, who is the chief of the criminal bureau in the Winnebago County State’s Attorney’s office, “it [remained] unclear whether [the]tracks on the shoulder were made by tires, whose tires they were and why they were off the road.” She also claimed the investigation that was conducted was a “thorough” one. While police felt they had no reason to charge the driver or issue him a citation, the source pointed out that he doesn’t exactly have a clean record.
Records Revealed the Driver Had a Prior DUI Conviction
Apparently, the unidentified driver pleaded guilty in 2013 to DUI and was issued a fine of $1,500. He was also sentenced to treatment and was required to participate with a “victim impact panel.” At that same time, he was also charged with operating an uninsured motor vehicle and for “not driving on the right side of the road,” however, both of those charges were dismissed.
The truck driver also had another charge filed against him in 2010 where he pleaded guilty to negligent driving. The male driver claimed that the sun was in his eyes which caused him to strike a parked vehicle. He received a fine of $115 for that charge and had to serve six months under court supervision. He was also ordered to attend driver education courses.
The charges don’t end there. Between 1996 and 2000, the truck driver was issued a citation for “speeding, failure to reduce speed, and twice for operating an uninsured vehicle.”
Although Figinsky met with an attorney after struggling to see any progress being made in her son’s case, she “was told that because of the driver’s financial situation, her chances of receiving compensation if she won the case [were] slim.” While Figinsky told the source that she doesn’t care about the money, she simply doesn’t want to see the same thing happen to another family.
The truth is, obtaining justice after a collision isn’t always easy. There is proof that must be provided and you must have viable grounds to file a lawsuit. Sometimes, these grounds aren’t obvious while other times you may be unaware of the numerous parties you can hold accountable for your injuries or those someone you love sustained. So, to be sure someone is held accountable after causing a truck accident, it is best you contact the Chicago, IL personal injury attorneys at Dinizulu Law Group, Ltd. following the incident. Between our experience, knowledge, and willingness to fight for justice, we will be sure to obtain a favorable outcome in your case.
You can contact Dinizulu Law Group, Ltd. at:
221 North La Salle Drive, Suite 1100
Chicago, IL 60601