Tow truck crash defense attorney speaks

The attorney for the man charged earlier this month in the November 2023 crash on I-255 that resulted in the death of a local tow truck driver issued a statement in response to last week’s article about the case.

As reported last week, Jason Hale, 48, of DeSoto, Mo., was charged Oct. 10 in Monroe County Circuit Court with felony passing an emergency vehicle resulting in injury/death.

Court information alleges that on Nov. 29, 2023, Hale “failed to yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle.”

The crash resulted in the death of 57-year-old Wade Bivins of East Carondelet, who was working to tow a vehicle on I-255 in Columbia at the time.

The charges against Hale come with a suspension of driving privileges for two years. He is set to appear in court for a Nov. 4 preliminary hearing.

Nicole O’Bryan of Paw Paw Towing in Cahokia, the company Bivins worked for, followed Bivins’ death with an effort to change the lights tow truck drivers are allowed to use from the standard amber and white to the red and blue lights used on first responder vehicles.

She wrote letters to various politicians throughout the state, ultimately winding up in the company of 111th District Rep. Amy Elik of Madison County.

Signed by Gov. J.B. Pritzker on July 19, a new law will go into effect Jan. 1 and set Illinois in line with Virginia in allowing tow trucks to use green lights.

Per O’Bryan, Virginia’s rate of tow truck driver fatalities has notably dropped since that state’s change went into effect.

O’Bryan expressed skepticism with the severity of the charges against Hale, commenting that “the heartache that we experienced is not gonna be any better after he’s behind bars for his two years.”

Amanda Chase of Strellis Law Firm in Waterloo, the attorney representing Hale, issued a response to the article.

“In mitigation of statements published in the Republic-Times article, including the presumption that our client would be ‘behind bars for his two years,’ it is important to remember that although our client has been charged with a failure to yield to the right-of-way resulting in a death, the charge is merely an accusation and our client is presumed innocent until and unless proven guilty,” the statement reads.

The statement goes on to express sympathy to family and friends impacted by this tragedy.

“The death of Wade Bivins was a horrific tragedy. Our hearts are with the family and community who still mourn this unspeakable loss,” the statement reads. “We applaud the legislative efforts of Nicole O’Bryan and Rep. Amy Elik, who have advocated for more visibility for emergency responders by allowing tow trucks to use green lights instead of the standard amber lights to reduce fatalities on our roadways.” 

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