ABOUT 20 PERCENT OF VEHICLE-TO-BUILDING CRASHES INVOLVE RESTAURANTS. PHOTO COURTESY OF THE STOREFRONT SAFETY COUNCIL
But Reiter said they also tend to be where accidents resulting from “pedal error” or “driver error” can occur, especially drivers who accidentally confuse the gas and brake pedals. When such parking spots are aimed directly at the front door or window seating of a restaurant, that can result in tragedy. But the reasons why drivers end up crashing into restaurants varies broadly. Of- ten drugs or alcohol are a factor, or a medi- cal incident. Many such crashes don’t cite a cause. Whatever the reason, properly designed bollards can offer protection. And it has to be the right kind of bollard. Some businesses have bollards that are de- signed simply to keep cars from parking on a sidewalk, for example, but Reiter said those may not be strong enough to stop a car, as captured by one podcaster video showing a car knocking a bollard over before hitting the window. The liability from such accidents can be huge, notes Reiter. In 2023, 7-Eleven agreed to pay $91 mil- lion to a man who was crushed in front of one of the chain’s stores outside Chicago. (Convenience stores are another business of- ten hit by cars.) And, though landlords may ultimately be responsible for parking lot safety features, it’s important for restaurants to negotiate such protections to show that they were re- quested, which could defer liability.
The family of the 2-year-old killed at Por- tillo’s this week filed a lawsuit in Cook Coun - ty Circuit Court seeking $50,000 in damages from the restaurant chain. Attorneys argued that there were no barriers, fences, walls or bumpers that would have slowed a vehicle from driving onto the sidewalk and through the restaurant’s glass doors. The lawsuit cites Storefront Safety Council data showing seven similar incidents in Illinois since 2015, including crashes at a Panera Bread, a Rosati’s Pizza and a Paris Bistro. And it has happened at other Portillo’s restaurants in Illinois twice before, including one in Downers Grove in 2014 and another in New Lenox in 2023. “Portillo’s knew or should have known, that the lack of a barrier to prevent a vehicle incursion was a dangerous condition,” the lawsuit said. The driver in that case was reportedly a 50-year-old woman. The lawsuit alleges she was maneuvering into a parking spot when she suddenly accelerated her 2011 Lincoln MKZ, jumping the curb and flying into the family of 2-year-old Finnegan McKee sitting inside. Portillo’s officials declined to comment, citing pending litigation. Following the pandemic-era trend of res- taurants serving guests outside, some states have passed legislation designed to encour- age business owners to put in safety barriers.
In California, for example, business owners that install vehicle barriers can get a dis- count on insurance. Michael Fleming, the former CEO of Far- rell’s Ice Cream, has long lobbied for stronger state laws to prevent vehicle-to-building ac- cidents. That’s because his business was hit. And someone was killed. In 2014, a Farrell’s ice cream parlour in Buena Park, California, was hit when an el- derly driver accidentally stepped on the gas instead of the brake while trying to park. The car hit a 71-year-old grandmother, who was killed. A teenager’s skull was fractured. Oth- ers suffered broken bones and scratches. Fleming, who is now retired, said, “It’s still the worst day of my life.” At the time, he didn’t know how common such accidents are, or the need for bollards. After the incident, he spent years lobbying for legislation and raising awareness in the restaurant industry about the issue. “I would never want any restaurant owner having to go through having a fire captain come up to you and say, ‘This is now a fatality accident,’” he said. Installing barriers is just not that expen- sive, he said. Not when you consider the ulti- mate cost of not doing it. “To know what I know now? I would have traded 10 times that, or more, not to have heard those words about a fatality,” he said.
OCTOBER 2025 RESTAURANT BUSINESS
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