A New York man critically injured in a March 25 four-vehicle crash on Route 54 near Elysburg is "outraged" over what he claims is a lack of justice.
Richard Shaw, of Johnson City, offered harsh criticism of the owner of Kovaschetz Trucking LLC, Danville, whose rig rear-ended his car, and Ralpho Township police for not charging the driver, David P. McGuinn, of Tulip Road, Paxinos, with any violations.
Shaw is confined to a wheelchair and his wife, Brenda, also suffered serious injuries as a result of the accident that occurred near Farnsworth Camping Center.
During a telephone interview Friday night, Shaw said, "This stinks of corruption. Ralpho Township is like Mayberry and the chief is acting like Barney Fife. During the investigation, police never asked me any questions about the accident and there has been no communication between them (police) and us for the past four months. There is no justice in that township and that bothers me to no end. The police report was very vague. The driver was ushered away in a police car, but never charged. It makes you think he knows somebody since he hasn't been charged."
Ralpho Township police have never indicated any fault in information provided about the accident that occurred as a mix of rain and snow was falling. Police did not say if weather was a factor.
A driver following the tractor-trailer, interviewed at the scene the day of the crash, said it appeared the Mustang operated by Shaw slowed before the tractor-trailer slammed into the back of it.
When contacted Saturday afternoon, Ralpho Township Police Chief Stuart Appel said, "The investigation was handled properly and correctly and the facts will speak for themselves."
Appel reserved comment when asked to respond directly to Shaw's criticism and accusations about his department.
The police chief said investigations of accidents involving a reconstructionist often take several months to complete. Appel said similar probes have been completed in less time, while others have taken more than four months.
He said a meeting will be held Aug. 27 between the investigating officer, Sgt. Chris Kreisher, Northumberland County Assistant District Attorney William Cole, a state police accident reconstructionist and a trooper specialized in conducting commercial vehicle inspections to determine if charges will be filed.
Appel, who did not know the time or location of the meeting, said a previous session with the same four individuals to review all the evidence had to be postponed earlier this summer due to a scheduling conflict.
According to a report issued by Ralpho Township police, Shaw was driving a Ford Mustang east about 2:30 p.m. when it was rear-ended by a tractor-trailer driven by McGuinn.
The collision forced the Ford into the westbound lane, where it collided head-on with a Toyota Prius driven by David L. Wolfe, of South Sixth Street, Shamokin. The Prius was subsequently rear-ended by a Dodge Dakota driven by Ricardo Contreras, of Hart Road, Danville.
The Shaws and Wolfe were extricated from their vehicles by emergency responders.
Wolfe and two passengers, his wife, Judith Wolfe, and their son, David, all suffered injuries.
McGuinn and Contreras were not injured.
Shaw, who is pursuing legal action against Kovaschetz Trucking LLC, said he and his wife together suffered about 25 broken bones in the accident. In addition to being confined to a wheelchair, Shaw has a rod in his ankle. He is not certain about walking again. His wife walks very slowly.
"I just don't understand how the tractor-trailer driver (McGuinn) failed to stop in time," Shaw said. "I was stopped and turning left and had my turn signal on. A witness verified all that, but the tractor-trailer left no brake marks on the highway, indicating the driver never intended to stop. There was no reason for him to slam into me."
Shaw said the owner of Kovaschetz Trucking LLC didn't have insurance on the tractor-trailer at the time of the accident.
Shaw said his vehicle was totaled. "Our insurance paid for the accident, but I can't drive, so getting a different vehicle won't help me," he said.
He added, "I play by the rules. Our insurance company had to pay for the damage done to the car we hit after being pushed into it by the tractor-trailer. That's not really fair, but I understand because that's the way the law works with rear-end collisions. But we haven't seen a penny from Kovaschetz Trucking because he doesn't have insurance. How is that fair?
"I'm still outraged over the entire ordeal. My lawyer believes we should get at least $1 million by filing a lawsuit against the trucking company, but I'm not optimistic we are going to get anything. This certainly has been a learning experience, but I don't know what the lesson is."
At the very least, Shaw wants to see the owner of the trucking company go to jail.
He encouraged people who have experienced similar problems from accidents to log on to: Angels Among Us.
Kandie Button, the Shaws' daughter, posted on Facebook the following message with several photos of the crash and her parents' recovery:
"On March 25, 2013, my parents were hit by a tractor trailer driven by David P. McGuinn in Ralpho Township. They were at a standstill, waiting for oncoming traffic to pass so they could make a left-hand turn into their destination spot. The tractor-trailer came downhill at full speed (more than the posted limit of 35 mph) and hit my parents' Mustang from behind. He hit them so hard they went airborne before smashing almost head-on into an oncoming car. That car then spun them around, sending them back in the direction of the tractor- trailer. The tractor-trailer then hit my parents' car again, and went up onto the trunk of the car, crushing almost all of the car, and my parents, and rupturing their gas tank. It took medical, fire and police crews almost 40 minutes to free my father from the car after using the "Jaws of Life" to remove the roof and driver's door of the car."
Button said her mother's injuries consisted of two brain bleeds. She also had broken ribs, a broken collarbone, a broken clavicle, internal bleeding in her stomach and a hairline fracture in her right ankle. Button said the "floor" of her mother's left eye socket was broken, which can cause blindness at any time. She said her mother also had a broken sternum, a broken upper left arm and a three-inch gash down her shinbone.
Button said her father's injuries included a crushed pelvis, a broken left hip, tibia and fibula in his right leg, four broken ribs, two broken vertebrae in his back, a broken sternum, a large gash on his right arm and a broken left femur.
She said her father had to be on a ventilator and was fed by a feeding tube.
Button said her parents spent numerous weeks in the intensive care unit at Geisinger Medical Center, Danville.
She said, "The accident has changed the quality of my parents' lives. While we are all very grateful to have them here with us, the driver and his company, Kovaschetz Trucking LLC, need to be responsible for what the driver did to my parents."
She added, "The truck driver needs to be charged. My parents deserve justice. They will suffer because of this for the rest of their lives."