Settlement reached in fatal crash involving PACE-contracted driver

CHICAGO (WLS) -- Ella Mae Williams was killed in a crash while being transported by a driver contracted by PACE bus service. On Wednesday, there is a settlement for the victim's family after video inside the van appeared to show the driver falling asleep just before the crash.

Those with access challenges sometimes rely on public transportation, and that was the case for Ella Mae Williams. What she didn't expect was a driver that was apparently fatigued. Now, her attorney is warning of the dangers of driving when tired.

Last March, Williams called PACE for a ride. A driver with SCR Medical Transportation picked her up, but she would not make it to her computer class.

Williams was pronounced dead at the hospital March 8, 2013. She was 58, and a mother and grandmother who did not let her reliance on a wheelchair inhibit her activities.

SCR has settled a lawsuit filed on behalf of Williams' family in which Williams' attorney alleges the driver fell asleep.

"This is a hollow victory for the Williams family because although SCR Transportation gets to go about their business, the Williams family will have to live with this devastating loss for the rest of their lives," said Ted McNabola, Williams family's attorney.

Ted McNabola said at first, the driver claimed he swerved to miss something in the road in the 4600-block of South Halsted. In the video, no obstacle is apparent in front of the vehicle, the driver's eyes close and suddenly open as Williams screams.

"Initially, the defendant claimed a dog ran in front of the car and he had no alternative but to swerve to avoid the dog. In actuality, we know that is false - he actually fell asleep," said McNabola. "I think this is a heartbreaking example of how fatigued driving can devastate a family."

PACE was named in the lawsuit as SCR is one of its contractors. On Wednesday, a PACE spokesman issued this statement saying: "We are very sorry that this tragic incident occurred and extend our deepest sympathies to the friends and family of Ms. Williams. Safety is our agency's number one priority and we remain committed to working with our employees and contractors to ensure the highest level of safety is maintained for our customers and others with whom we share the roads."

Eyewitness News called and emailed SCR, but they have not responded to us.

As for the driver, the Secretary of State's office said he had three convictions from the accident: speeding negligent driving and improper seatbelt usage. Also, his commercial driver's license was canceled for one year.