Although the two traffic tickets issued Thursday to the motorist who struck and killed Cari Lyn Cook May 19 as she crossed 47th St are minor in comparison to accidents where criminal charges are filed, a court appearance is required anytime an accident results in serious injury or death, La Grange Police Lt. Vic Arnold said.
Mary McPhillips, 45, of Chicago is scheduled to appear Aug. 4 in a hearing at the Cook County Circuit Court in Bridgeview on charges of failure to exercise due care to a pedestrian and improper lane use.
Arnold said no criminal charges were filed against McPhillips because the evidence examined in a joint investigation involving village, county and state police did not indicate reckless or negligent behavior.
There was nothing to indicate that McPhillips was under the influence of drugs or alcohol, Arnold said. There also is no evidence that she was engaged inappropriate behavior such as applying makeup while driving.
Some residents have wondered if using a cellphone may have played a role in the accident. Arnold said there is nothing to indicate that McPhillips was on a cellphone at time. Even if she was on the phone, that alone would not constitute negligence in La Grange, he said.
While Illinois allows municipalities to enact laws prohibiting motorists from using cellphones that are not hands-free, La Grange has no such prohibition.
It is possible for drivers to become distracted without being negligent, Arnold said. "I realize that it is hard for people to understand."
More light may be shed on how the accident occurred when the final reconstruction report is released in a week or two by state police, Arnold said. The tickets issued Thursday were based on the findings of a preliminary report, but are unlikely to change once the full report is made public, he said.
Click here to read full coverage of both the accident and the aftermath.
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