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Driver who hit and killed a Metro East man hasn't been charged a year later, family and friends say

Wade Bivins, a tow truck driver and fire captain, was hit near Dupo in November 2023. Family & friends fought to change lights on tow trucks in Illinois.

DUPO, Ill — Wade Bivins was like family to Nicole O'Bryan with Paw Paw Towing in Dupo. She's now working to get justice for his death nearly a year later.

"November 29th is a day I'll never forget. It was a Wednesday. It was about 10 o'clock in the morning and I got a phone call," O'Bryan said.

Bivins was hit and killed by a driver on Interstate 255 near Dupo while towing a broken-down vehicle. Illinois State Police said the driver stayed on the scene and provided their information to police. Almost a year later, the driver has not been charged, according to family and friends of Bivins.

Hundreds of tow truck drivers, firefighters, friends, and family came to Bivins' funeral. O'Bryan said since the loss, her grief has turned to fighting for change. She has the support of Bivins' family.

"I just started googling congress people and district attorneys, the governor, then I just I found addresses. I started just mailing (letters) out, and if I got a response, that was great, but most of them went unheard," O'Bryan said.

O'Bryan sent more than 70 letters to Illinois lawmakers pleading they create change that would make roads safer for tow truck drivers, but she only got a few responses back.

Eventually she went to Springfield, Illinois, to speak at a bill hearing that was already in progress. She said the death of Bivins made lawmakers more aware of how important new legislation is.

In July, the 'Tow Truck Operators Safety Bill' was signed into law by Governor J.B. Pritzker with sponsors including State Representative Amy Elik and State Senator Erica Harriss.

"Illinois is the biggest problem. They don't allow the red or blue lights like Missouri does," O'Bryan said.

Credit: Nicole O'Bryan
(Left to Right) Dave Monterusso, Wade's wife Paula Bivins and Nicole O'Bryan stand together to memorialize Bivins in Tennessee.

Currently, Illinois state law only permits amber and white lights on tow trucks, but with the passage of the bill, Illinois towers will be able to use green lights starting Jan. 1.

O'Bryan believes the change in color will help people realize the law is to move over and slow down.

O'Bryan and the Bivins family is not only fighting to change laws but they're also fighting to change how generations think about the dangerous scenarios.

This week, O'Bryan is presenting to Dupo High School's Driver Education class and plans to bring Wade's tow truck.

"Ambulances, fire trucks and tow trucks are all bigger than normal vehicles and we need that extra space on the shoulder to work in. It's not sufficient when you have that big of a vehicle. They [drivers] have to understand how important it is for them to move over and give us the space, because we don't have the space to work in," O'Bryan said.

In Illinois & Missouri, if drivers do not move over and slow down they can face jail time, fines, and have their driver's license taken.

Last week, Bivins was added to the International Towing Museum's Memorial in Tennessee which recognizes over 400 names of people who lost their lives while serving the towing industry.

Wade's wife Paula Bivins, along with Dave Monterusso, the owner of Paw Paw Towing, and O'Bryan, all attended. 

"I feel like it's our responsibility to make sure it doesn't happen to anybody else," O'Bryan said.

5 On Your Side reached out to Illinois State Police multiple times about the status of the investigation into the crash, they have not responded.

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