He heard tires screeching.
Moments later, he was pinned between two cars.
About 20 minutes after leaving work on Aug. 3, James White decided to pick up a few items from the Jewel-Osco in Harwood Heights, a suburb southwest of Evanston and east of Chicago O’Hare International Airport.
“I was parked legally in the street,” the 53-year-old said. “I was putting the groceries in the back of the car and I heard tires screech.”
Witnesses said the driver who hit him was on a cell phone.
Although Chicago law prohibits drivers from talking on their cell phones without a hands-free device, White’s lawyer, Tom Boleky, said Chicago police do not strictly enforce the law. Furthermore, many Chicago suburbs do not have such restrictions for drivers.
White is suing the driver, Richard Handzel, for reparations and is using the lawsuit to raise awareness among drivers and affect legislation.
Handzel, 66, has been to traffic court and was found guilty for failing to reduce his speed to avoid an accident, according to Boleky, a lawyer from the law offices of Corboy & Demetrio. Handzel was not charged for using his cell phone while driving because there are no laws limiting cell phone usage while driving in Harwood Heights.
“We have alleged that (Handzel) is negligent,” Boleky said. “We have not put a dollar amount on the lawsuit because we don’t know the full extent of damages yet.”
Handzel, an Evanston resident, refused to comment on the situation until the White lawsuit, which was filed Aug. 20, is over. According to White, he has never spoken to Handzel .
Immediately after being hit, White tried to regain his footing.
“My legs fell down from under me, and I felt a liquid and warm sensation coming from under my leg,” White said. “I knew I was in bad trouble.”
According to White, “some nice beautiful people” on the street helped him, calling his family and an ambulance. Doctors later told White that if they hadn’t operated on his leg within six hours, they would have had to amputate it.
White stayed in a hospital for two weeks and continues treatment as an outpatient. He will start physical therapy Oct. 23.
The United States Postal Service worker, has not returned to work since the accident and does not know when he will return. As a mail carrier, he has to follow protocol while driving.
“I can be suspended for not following … rules,” White said. “I not only have a personal motive for safety, I also have a professional motive.”
With two months remaining until his first court date – set for Dec. 20 – White has been trying to cope with his accident.
“As far as pain and suffering go, every day since Aug. 3, it’s been a constant battle with pain – 20 hours out of a 24-hour day, ” White said.
Despite the pain, he is trying to get the word out about the dangers of using cell phones while driving.
“I don’t think you can ever stop people from talking on the cell phone,” White said.
There are devices on the market, some built into newer cars, which allow for hands-free cell phone usage, he added.
“I hope there (aren’t) fatalities,” White said. “I’ve experienced a terrible accident. If the word can get out that this can happen to me … (lawmakers) can decide, ‘Hey, let’s enforce this a little more, because you cannot bring back anybody.’ “
Reach Alice Truong at [email protected].