What you never want to experience..

[Ron P.]

As I was driving home from work this past Friday (3/26/2010) my wife called asking where I was. She then told me I needed to get home quickly. I was then told my niece had been involved in a crash with a semi.

She had her 2 boys in the vehicle with her, one being a "miracle baby". Just 1 yr ago, my niece was told that her baby would be "still-born", that he was not going to survive birth. IF he did, he would not live more than a few days. He did survive birth, survived surgeries on his under-developed lungs, and after being in Childrens' Mercy for a month, defied death, proved the doctors wrong. The miracle baby, Kolten was born on March 9th 2009, he celebrated his first birthday, just 17 days before this accident. Friday afternoon, Kolten was back at Children's Mercy, again fighting for his life. Sadly this time he would not, and could not win.

Kolten was seated in the van driven by my niece, where the semi impacted the van, taking the full impact of a Peterbuilt. The crash occurred because this truck driver did not want to take a minute to stop behind another semi that was preparing to make a left-turn. Instead he drove onto the shoulder to the right, while my niece who was traveling in the opposite direction, was turning left in front of the stopped semi.

This truck driver in a split second, made the decision, that he would over-rule God. God granted Kolten life against all odds last year, the truck driver thought that should not be..

My Niece's Van


Kolten being loaded into Life Flight Helicoptor


My niece received minor injuries, her step-son Aiden, is in critical condition. The truck driver was not injured, and is probably resting comfortably at his home in Ottumwa, Iowa. My niece told me that he did not come over to her van and try to help them!!! Pond scum is going to get what he deserves!!!

https://www.accesskansas.org/ssrv-khp-c ... 010-004011

[VikingAnimations]

I can't find the words to properly convey my feelings, Ron. My deepest condolences to you and your family, Ron.

As for Pond Scum, I hope he gets what he deserves, and then some. Prison isn't good enough.

Unfortunately, there are more stupid, idiotic drivers like him out there.

[sjj1805]

That is absolutely awful and I hope that truck driver gets banged up for a very long long time.

My condolences to you Ron and your Niece and family.

[Black Lab]

My deepest sympathy to you and your family.

[Ron P.]

Thanks for all the condolences.. I'm just going to add a short update, as we buried the infant today. Speaking with my brother, I learned that the State Trooper investing the crash, urged our family to contact the County Attorney's Office and demand that charges be filed. The trooper was of the opinion that the C.A. does not want to pursue this, for reasons unknown. (He must not be up for re-election this year.) I do know from my experience, that prosecuting attorney's tend to pursue "high profile" cases, the drug cases where big busts are made, or cases where there will be a lot of media attention. Those that don't bring the spotlight to his/her office get tossed aside.

Next and most important, is that the Trooper reported that during an interview of the "suspect" truck driver, the driver shown no remorse for what he caused. It was like it was no big deal to him. I don't know what the trooper said to him, but the trooper is fearing severe disciplinary action if not termination, if this guy complains to his superiors.

The time may be to use public pressure on the C.A.'s office, and also towards the company in which this guy drives for.

[sjj1805]

I have found some news reports with readers feedback:
Emporia Gazette
cjonline.com
WIBW

Ricky Joseph Carter is a 51 years old professional driver.
We are not looking at a young kid here who has just passed his test, or has some other feeble excuse like being drunk.
This man was responsible for his actions and should be made to suffer the consequences.

[VikingAnimations]

The truck driver should be charged. Around here, there'd be a charge for passing/driving on the shoulder and criminal negligence causing death, at the least. I hope the CA finds the cajones to do the right thing. This guy should not get off with a slap on the wrist.

[Ron P.]

Yep, seen and read them already..
This is why it is hard for me to understand why the county attorney gave the State Trooper the impression that no charges will be filed. These are direct quotes from Kansas Statues Annotated.

8-1517
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
Article 15.--UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD

8-1517. Same; when passing on the right permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn; or

(2) Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

8-1527
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
Article 15.--UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD

8-1527. Same; turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

History: L. 1974, ch. 33, § 8-1527; July 1.

The first K.S.A. 8-1517 clearly points out that while it is legal to pass on the right, another vehicle that is stopped preparing to turn left, that it must not drive off the roadway to do so. In Kansas the roadway is defined as that portion between the white lines. The shoulder is excluded from the roadway.

The second, K.S.A. 8-1527, while it does require that the driver turning left must yield the right-of-way to any approaching vehicle, it also states that the approaching vehicle must be within the intersection or so close to the intersection to constitute a hazard. The only vehicle that fit that description was the non-contact semi that was also making a left-turn. The collision semi, was not...

In Kansas if someone commits a traffic offense, and is involved in a fatality collision, then that person can be charged criminally with, Involuntary Manslaughter, Vehicular Homicide, or reckless second degree murder. If someone is just severely injured, maimed, incapacitated, then they can also be charged with Aggravated Battery. In this particular case, the driver should at the minimum be charged with Involuntary Manslaughter, and Aggravated Battery. My niece's 2yr old son is still in the hospital, and must undergo a major amount of rehabilitation.

[supernanny+]

So sorry for this awful accident.
No words to express my feelings.
Hope that driver will never sleep well again!