CLEVELAND — Victims' lives have been either directly or indirectly forever changed after severe crashes caused by emergency responders, but there are Ohio laws that protect government agencies. News 5 Investigators found thousands of at-fault crashes by emergency vehicles piling up across the state during the past five years, and the consequences for the victims are costly.
Harold Hill from Rittman was on his way to a friend’s home in November of 2022.
“I was going to help him work on his house,” said Hill as he recalled that day. “I was stopped on Route 83 to turn into his driveway… I remember looking in my rear view mirror and seeing someone flying behind me… (the crash) kicked me into the other lane…and that’s all I remember for three weeks.”
Hill told us the crash broke his back and much more.
“Broke my ribs, punctured my right lung, broke my nose, broke my neck — which is still broke,” said Hill while sitting motionless on a recliner in his home.
That crash was caused by a Wayne County Sheriff’s deputy. The Ohio State Highway Patrol said he was at fault. The County Administrator said the deputy was cited for the crash and got a written warning.
“Are you able to work at all?” we asked Hill.
“No,” he replied.
“You can’t make money for yourself?” we asked.
“No,” Hill told us.
He also said his attorney is still fighting for compensation to pay for medical bills, pain, and suffering, but the Wayne County Administrator said the deputy was “on official business” during the crash, and the county has immunity from those kinds of damages by law.
Neither Hill nor his family can fathom that idea.
“(My brother) didn’t ask for that accident,” said Karen May, Hill’s sister.
WHAT DOES IMMUNITY MEAN?
“I think (governments) should be held accountable the same as law-abiding citizens are,” said Hill’s other sister, Phyllis Reed.
George Pilat is a longtime Cleveland area attorney.
“It goes back to the concept of sovereign immunity where the crown or the sovereign can do no wrong,” said Pilat.
The immunity laws are designed so that drivers of emergency vehicles and governments can’t be sued over and over again and be driven into the ground. There are some exceptions, but fighting immunity can be very difficult.
“Generally, if the police officer is responding to an emergency call and causes an accident, there would be immunity,” said Pilat.
BUSINESS OWNER: 'YOU JUST GO NUMB'
In 2021, a Nelsonville, Ohio police officer was speeding to an emergency call and went through an intersection, slamming into a water bottle delivery truck owned by Andy Vita and driven by one of Vita’s employees.
“Every employee means everything to us,” said Vita. “You just go numb knowing that he was severely hurt.”
His driver survived, but not without costs.
“He is a wonderful person and was a great employee, and if that man could return back to work, he would have a job here, but he can’t…because of his injuries,” said Vita.
He told us Nelsonville claimed immunity, which left Vita to shell out thousands of dollars to help his employee for insurance purposes and for many other costs. In the end, Vita had to sell off that water delivery portion of his company, but remember, not an ounce of all this was his fault.
“So, essentially, that crash ruined that business for you?” we asked.
“Yes…I’m a little bitter,” said Vita.
As a result of the crash, the Nelsonville officer lost his life. A memorial marker now sits at the intersection. Vita said this is a tragedy for the officer and his family.
“This is a horrible situation because it involved people’s lives here,” said Vita. “The officer…had kids.”
WOMAN LOST MOTHER TO CRASH
Others know the kind of human toll at-fault emergency vehicle crashes can take.
“My mother was great. She always had time for people,” said the daughter of Mary Ann Kerrigan. “It devastated us, my sister, my four brothers and myself.”
Kerrigan died in 2020 when a volunteer firefighter from the Battle Run Fire district responded to a call and he caused an accident in Marion County, the state patrol reported.
“It just looked like a normal vehicle to me,” said Kerrigan’s daughter Ann, who was driving her mom that day. “There was no indication to me that there was anything up with the (volunteer’s truck),” she added. Ann is trying to get laws changed about the requirements for volunteer firefighters’ vehicles to be clearly marked and have sirens mounted on the outside of the trucks they drive.
Ann said she forgives the driver, but she can’t even begin to comprehend the immunity laws.
“I never did understand that,” she told us. “I don’t understand it still… I do think that it needs reevaluated by our lawmakers.”
STATE PATROL: THOUSANDS OF RESPONDERS ARE AT-FAULT
News 5 Investigators’ research shows during the past five years, there were more than 4,700 emergency vehicles at fault for property damage, 832 caused minor to serious injuries, and 11 people died, including Ann’s mom.
“If you’re responsible, then you need to take your responsibility,” she told us.
GROUP TRYING TO CHANGE IMMUNITY LAWS
Kyle Pierce is the Executive Director of the Ohio Coalition to End Qualified Immunity.
“We don’t have a system of equal justice under the law,” said Pierce. “We have laws for us and we have a different set of laws of government and its employees.”
Pierce said between his organization and other groups, they’ve tried to give voters the chance to change the laws, but the Ohio Attorney General’s Office has rejected their potential ballot language seven times in recent years. “(Our country was) founded on the philosophy that we have a government accountable to the people (with) a constitution by, of and for the people,” said Pierce.
It’s a deep frustration many people share as they plead for legislators to step in.
“Change it. Change it immediately,” said May.
“Our sate representatives need to help the small businesses and the people, because it affects both,” said Vita.
“We wait every day to see if we’re going to get a phone call whether (Harold Hill has) fallen because he doesn’t have the mobility that he’s had,” said Reed.
“Do you think that law needs to be reexamined?” we asked Hill.
“I think so, because if it was me hitting them, they’d be right on me. They’d make me pay,” Hill responded.
News 5 Investigators asked for on-camera interviews with the government entities involved in the above cases. Not one sat down with us.
We talked to the Fraternal Order of Police of Ohio, which represents law enforcement officers across the state. It's President Gary Wolkse told us that immunity laws are necessary because you don't want employees hesitating to respond to emergencies to do their jobs. He said officers can't have those thoughts in their minds.
The Ohio Coalition to End Qualified Immunity said it’s working to put this issue on the November ballot.
