Family Angered By Race Night Accident Response
AP Graphic
Published: August 23, 2008
Updated: August 23, 2008
BRISTOL, Va. – Deborah Sue Daniels emerged from six hours of emergency surgery just before dawn Friday with a ventilator tube snaked into her mouth, a patched kidney, and minus her spleen.
The 40-year-old Bristol, Tenn., woman had been caught under the wheel of a tractor-trailer cab as it inched into position to back under a parked trailer on State Street.
It was the close of Food City Family Race Night around 9 p.m. Thursday, and Daniels was among the vendors busily collapsing tents and packing away displays. She apparently failed to see the truck at her back as she knelt to wrestle with her own display tent.
Bristol, Va., police called it a freak accident with no one to blame. But Daniels’ father, Charlie J. Smith, of Kingsport, Tenn., argues that someone should be held accountable for her cracked ribs and punctured lung. It’s too early to tell whether Daniels, a writer for local magazine The Loafer, will make a full recovery. She is being treated at the Bristol Regional Medical Center.
“It took three people just to get her out!” Smith said by telephone on Friday. “I just couldn’t believe they didn’t charge this guy with anything or give him a drug test.”
Operating the rig was Gregory Anthony Hunchuck, a driver for Speedway Children’s Charities, headquartered at the Lowe’s Motor Speedway in Concord, N.C. The charity, with a branch in Bristol, Tenn., collects donations through its racing connection and distributes the money to non-profit organizations.
Officials for Speedway Children’s Charities could not be reached at their headquarters on Friday. A secretary who answered the phone said they were all in Bristol for this weekend’s races.
Hunchuck, 43, of Harrisburg, N.C., drove away from the accident with a declaration of innocence by police, mainly because Daniels was below the driver’s line of sight at the time. Police ruled no reckless driving was involved.
In fact, the police report notes that “no improper action” was taken by Hunchuck.
Also, police wrote that Hunchuck “had not been drinking,” even though neither an alcohol or drug test were administered.
“If we thought for one minute he was intoxicated or anything, we would have taken appropriate action on it,” Capt. Maynard Ratcliff told the Bristol Herald Courier on Friday.
Smith disagrees.
He argues that police should have tested for alcohol simply because a tractor-trailer was involved.
“That’s what’s really aggravating me about the police department,” Smith said. “The whole thing was not normal ... it’s like a cover-up the way I see it.”
He pointed to federal regulations that control the commercial driver’s license needed to pilot a tractor-trailer.
But those regulations mandate automatic testing only for fatal trucking accidents, according to the Federal Motor Carrier Safety Administration (FMCSA). The law forces the driver’s employer, and not the police, to conduct the test and submit the results for federal review.
The federal law leaves the police to call the shots based on local laws.
With Daniels’ case, where she needed medical help on the spot, Hunchuck would have to be tested only if he had been ticketed by police.
“The employer has the prerogative to do it, but it’s not mandatory,” FMCSA spokesman Duane DeBruyne said.
For now, Smith will settle for an apology from Hunchuck or anyone with Speedway Children’s Charities.
By Friday afternoon, Daniels was breathing without the ventilator and had mouthed some words, her dad said.
Yet there had been no sign at the hospital of anyone associated with the charity.
“I’m still having a hard time coping with that, that they don’t show an interest in my daughter,” he said.
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Reader Reactions
It is so easy to set back and pass judgement on someone, especially when the only “facts” received are from the Bristol Newspaper, who hasn’t gotten a story right in years. Maybe her father, “the hothead” said things in the heat of the moment that he should not have, however, how would you feel, it doesn’t matter if his daughter is 4 or 40.
What is the old saying….“if you can’t say something nice about someone, then don’t say anything at all..“
Seems that piece of advice would work well in this situation.
Yes we all know how reliable eye witnesses are. So many 1000 men have been relased from jail after DNA proves them innocent of what eye witnesses testified too.
My only point is that citizen needs as much protect as the provide racing team member even if the guy was going to Parada the truck down the street the lady deserves the benifit of the doubt just as he does. A test for alcohol is not unreasonable considering the place and how much drinking was going on there.
Did anyone ask if the lady maybe hard of hearing like many older people are?
Some many things but it seems these race connect people are above us regular citizens during race week.
I heard they are setting up a fund to help pay for the hospital bills and help them keep their home.
She is not only injured but the family faces losing a lot. And a URINE test would be an incomvience for that driver.
PARDON ME!!!!!
I just love it when people post something and don’t read it through first( dadw5boys).
The law posted DOES clearly state that there has to be a citation issued AND bodily injury.
There seems to be totally..just two types of posts here…those by friends of the woman,and those with common sense. Her dad sounds like a hot head to me. She should apologize to the driver for not watching what she was doing.
That is totally incorrect. If you read the federal code, which you posted, the driver must be tested only when a fatality is involved, or when the accident involves injury and a summons was issued to the driver. A summons was not issued to the driver in this case, therefore, the driver’s company was not required to test him. The local police will have the driver and company name, but they are not required to make sure they comply with this law. Notice that this is “Federal Law” that you are quoting. But, whether the driver is tested or not, federal law, as you have quoted, has already been complied with.
And as far as a cover-up by police? Only a pure idiot would think or say that. Listen to all the people there who actually saw this tragic accident who say that there is no one to blame. How could anything be covered up with so many witnesses? Give it a rest.
After any accident involuving and truck the company must test the driver for alochol and drug use. E4spically if someone is injuried and must have treatment at a hospital.
The Local Police should have the trucker name and the companys name to make sure that the Company complies with the law.
Why this driver was there with people all about trying to hook up to a trailor is silly. The police are suspose to control the event why would they allow a truck in till after all the people have left. If he needed the trailor for an event then the truck driver should have had a spotter walking him thru the crowd.
§382.303 Post-accident testing.
(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:
(a)(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(a)(2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
(a)(2)(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
I was working on State Street the night of your daughter’s accident. I went out of town the next day and I am just now reading these articles. I was working with a local group right across from the scene of the accident. First of all, we are all so very sorry for this horrible accident! Something like this could really happen to any of us as we just get too comfortable in these situations and not as alert to our own safety as we should be. At the time of the accident, State Street was chaotic and busy with everyone trying to clear out and get to the truck parade. There were people driving the race cars away, people packing up, big vehicles, small vehicles, etc. It was pretty dark out. The truck that hit her was slowly pulling up, and backing up to get where it needed to. It looked to me that there were like 4 people standing facing me and a lady bent down in the road with her back to me (she was right in front of the 4 people). It looked like those people were watching her do what she was doing (packing up?). Anyways, the truck driver couldn’t have seen your daughter as she was crouched down to the road and he was up high and it was dark. She was so far down I believe his fender was higher than she was. Anyways, he inched forward bit by bit and everyone was aware of his presence (us, the people standing right in front of Deborah, and we assumed that she saw and heard him as well (big rig/bright lights/loud/inching towards you).
Then, as the truck moved forward more, we assumed she got up and moved, but she must have just assumed he knew she was there and continued picking her stuff up? The people standing right by her never said or did anything either. Then, we heard screaming and couldn’t believe it! The people near Deborah yelled to the driver to “STOP!“ 911 was called. The driver was so confused and was asking someone to come tell him what was wrong. Someone went to check on her from our area and came back and said she looked like she was okay. We never had a clue she had such serious injuries. We thought she just got hung up under the fender or something. When we were leaving, emergency workers were there. I can tell you that the driver looked like a normal hard working guy and he really wasn’t driving recklessly at all. The biggest question was “why did she not get out of his way?“ We just concluded that she must have assumed he knew she was there and would stop right before he hit her. Or maybe she was so used to the chaos that evening that she was just in a concentrated mind-set to get her stuff picked up. It really was an unfortunate accident. He didn’t mean to hit her. She didn’t mean to be lax in her own safety. I am sorry and I hate that this has happened to your family. I have been praying for her recovery and peace/healing for everyone involved. One good thing that has come from this for me is that I will be more alert of my safety when working races and I will stress this to the high school kids who work the races as well.
sounds like to me that SHE was at fault..but someone is already looking to make money out of it. SHE wasn’t paying attention to what she was doing. The truck driver couldn’t see her. That’s the end of it as far as I can see.
I guess that’s it then. Good thing that there was an EXPERT there.
(sarcasm,for those who don’t know it when they see it)
JohnB; by using the phrase, “sounds like to me.“ You were not even there, so how can you make comments that it was Mrs. Daniels fault. And also, “that’s the end of it as far as I can see.“ How far is that, from your recliner at home? It was a good thing that there was an expert/professionals there, not only me but the others that helped treat her. Also I do know it when I see it and it’s not sarcasm, it’s the truth!! It’s not like this is the first vehicle vs. pedestrian accident I’ve worked, unfortunately it won’t be the last. But it’s not my job to determine who’s at fault, that’s the police end of it. My beef is people just need to lay off Mrs. Daniels calling her stupid and saying she has no common sense.
All I’m saying is the truck driver should have waited until it was less crowded or had someone spot for him, which is common sense. I drive heavy equipment everyday on my job, if we get caught not having a spotter backing or pulling forward especially in a congested area; we get reprimanded.
(I wish Mrs. Daniels a speedy recovery.)
Ok, let me start off by saying that by NO MEANS do I believe that the truck driver looked over & said, I think I will hit that lady over there, or anyone else for that matter. HOWEVER, had it been you or I that hit a pedestrian in the middle of a festival, or anywhere else, we would at the VERY LEAST been issued a citation of some sort! I find the majority of the comments on here very disturbing! I can not believe that people have nothing better to do than to sit back & throw blame, one way or the other! REALLY.. it is not your business what Deborah or her family does, that is for them to decide! I am not going to sit here and bash the driver or Speedway Charities, they have to deal with their own concious at some point.. and you know the old saying about Karma! Deborah is a long time, very good friend of mine, and for those of you that have wished her well and prayed for her, THANK YOU! For those of you that asked or may be wondering, she is doing better than I expected she would be, however, she remembers every single second of the accident! I can not imagine having that in my head all of the time! There are a few benefits being organized, one in Bristol and one in Johnson City. There will also be an account set up at First Bank & Trust in Deborah’s name & she will be the only one able to make withdrawels.
Bottom line she was there before the truck. She has the right of way always.
Cops protecting race event or Parade people is not acceptable.
How will she even get the insurance of the driver if he was allowed to walk???
You know it is not her fault. Truck Drivers nor Private Truck owner do not have the right of way over people in a festivle !!!!!!!!!!
Does anyone know if this poor lady is doing any better or if there is a fund set up so we can help out a little?
Thanks
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