labor lawAdivision of labor law center

A tragic drunk-driving accident that left a road worker paralyzed highlights the need for the federal Highway Worker Safety Program. The worker’s family finds little solace in the fact that the driver was recently sentenced to 10 years in the case.

According to court records, Sandra Yusczak-Bunge, a nurse from Bellwood, Illinois, pled guilty to driving under the influence and causing great bodily harm when she struck a construction worker. Roberto Chavez was working the night shift on a busy Illinois tollway.

ustice took more than 2 years in this case. On June 25, 2005 Yusczak-Bunge drank a bottle of wine at a friend’s house, then climbed into her white Ford Explorer and took the Illinois Tollway home at about 1 a.m.

Yusczak-Bunge was traveling east on I-88 near Naperville Road in DuPage County, Illinois when she veered into a lane closed for roadwork. Yuczak-Bunge continued in the clearly marked closed lane, ignoring barricades for more than a mile before she ran over a road worker, according to witness Jamie Wolgenuth of Lombard.

Yuczak-Bunge fled the scene, despite attempts to flag her down by other construction workers. A driver who witnessed the accident dialed 911. As Yuczak-Bunge sped off, the driver followed her. Yuczak-Bunge took the next exit and drove through a number of business parking lots on busy Ogden Avenue. Meanwhile, the other driver stayed in contact with the 911 operator and reported the Ford Explorer’s location until Yuczak-Bunge was stopped by the Illinois State Police.

When she was stopped, Yuczak-Bunge told officers that she had left the tollway to get a cup of coffee. She claimed that she was unaware she had hit anyone—she said that she felt the impact but thought she had struck a traffic barrel. Her blood alcohol content was 0.19, more than twice the Illinois limit of .08.

Yuczak-Bunge’s car hit Roberto Chavez, a 49-year old road worker and father of four. Chavez was left severely disabled. The victim’s wife, Ana Maria Chavez, wept in open court as an impact statement was read on her behalf. More than two years later, Roberto Chavez remains in a Downers Grove nursing home suffering from traumatic brain injuries. His right side is paralyzed. Chavez is unable to speak or walk. He cannot recognize his wife or children. His doctors say any improvement is unlikely.

According to Judge Kathryn Cresswell, Yuczak-Bunge would probably never have been apprehended without the cooperation of that alert driver. “Except for a citizen, she almost got away with it. Our society demands caution in construction zones. These are dangerous jobs. Anyone that drives in a tollway construction zone always sees plenty of warning signs.”

This was not the nurse’s first offense. Yusczak-Bunge had previously been sentenced to court supervision for a 1989 drunk driving arrest. The fact that the convicted drunk driver is a nurse dedicated to ease suffering is the ultimate irony.

“She knew better,” Assistant State’s Attorney Liam Brennan said, “She was a nurse who worked at a hospice and she missed that 1989 wake-up call.”  Under state sentencing guidelines, Yusczak-Bunge could have received up to 12 years. She will be required to serve at least half of the 10-year sentence in jail, but be eligible for parole in 5 years, with good behavior.

A contrite Yusczak-Bunge apologized to the family in court and vowed to participate in MADD – Mother’s Against Drunk Driving – after her release. “Maybe I can spare another family from your horror,” she said. Yusczak-Bunge vowed to participate in Alcoholics Anonymous programs in prison. According to her defense lawyer, she has attended 3 AA meetings per week for the past year, while under home confinement. 

The number of injured highway construction workers each year totals 20,000. Of those, many die. A federal campaign is aimed at preventing these terrible accidents.

“Employees who work in highway zones have one of the most dangerous occupations in the United States and these employees need not only OSHA’s support, but the support of everyone who gets behind the wheel on a daily basis,” according to Edwin G. Foulke Jr., Assistant Secretary of Labor for OSHA. He added, “There were nearly 1,100 work zone fatalities last year — that is a tragedy.”

Since the main cause of death to highway workers in the US is acute trauma that happens at work, getting drivers to slow down and pay attention to warning signs in work areas is vital. Work zone accidents claim the lives of many drivers each year, as well. Highway workers face the very real danger of being struck by a car, truck, or piece of construction equipment. To increase driver awareness of highway construction workers, OSHA recommends that all highway workers wear vests that are highly visible and reflective. This story is just one example of the importance of those safety measures.

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