Every Parent’s Fear

by Gail Myers

July 2002

This is the first time that I have attempted to write a story and Kelly Dagenhart suggested that I read some previous stories to get ideas. I just finished reading the article in the Fall 2000 newsletter about Adam Downen. This made me realize, again, how lucky we are. Our child survived!

Josh, our 17 year old, is a “normal” teenager, always on the go. Whenever he is at home, he is planning to go out with friends. It is almost like a taboo in the teenage world to stay at home. On Sunday, December 30, 2001, Josh asked me if he could go to the movies with two of his close friends. My first response was “No, you went out last night and you need a good night’s sleep.” He gave me that look parents know—the one that says “PLEASE.” I thought then, “Why not?” He was on winter break from school and had just gotten back in town from a basketball tournament in Atlanta. He had not had any free time to relax and enjoy his time off from school. I gave him permission to go and we went over the usual routine drive carefully, wear your seatbelt, make sure everyone in the car wears their seatbelt, and be home by your curfew time. Each time I mentioned these, he answered, “Yes, Mom, I know,” but he listened and then he flashed that big smile and went to get ready. As he went out the door I called to him again, “Drive carefully and I love you!” “Love you, too” was the answer. My husband and I settled in for a quiet, relaxing evening at home.

Then the phone call came the one that every parent dreads. It was 10:40 p.m. The nurse at Methodist Medical Center in Oak Ridge told my husband that Josh had been in a car accident and that we needed to get to the hospital. She told us that he wasn’t hurt badly, he had cuts and bruises and would need some stitches. We arrived at the hospital about 15 minutes after the call. The doctor met us at the door. “Things have changed since we spoke to you” were his first words to us. He told us that Josh had gone “downhill” since they had phoned us. When I walked into the room, my heart seemed like it was in my throat. There was my child on this stretcher, he was on a backboard with his head taped so he couldn’t move. His face was bloody and he was in so much pain. He didn’t see me until I was standing over him. “Mom, am I going to die?” were his first words to me. My heart is telling me to tell him “No!” but my brain is saying to me that there is that possibility. I couldn’t hold him and make it all better like I used to do when he was little. I looked over him to see what injuries he had. He was complaining so much about the pain in his chest and stomach that the doctors were fairly certain there were internal injuries. They had called for the LifeStar helicopter to transfer him to UT Medical Center. Moms (or dads) are not allowed to fly with the patient, so we had to drive that long drive to UT. Josh was there in six minutes; it took us what seemed to be hours!

The policeman met us in the parking lot at UT. He was very kind and worried about Josh’s condition. He wanted to talk to him, if possible, before he told us any details of the accident. We realized that we didn’t even know what had happened. Josh had been confused at the hospital. At first he said that he was driving, then he said he wasn’t. He had lost consciousness from a head injury. The policeman talked with him briefly then came out to talk to us. It seems that the man who hit Josh was driving on the wrong side of the road. Witnesses had already called 911 to report this guy’s reckless driving. He had run three red lights and kept crossing over into the oncoming lanes. The police were on their way to find him, but they were too late. He had jumped the median and slammed headon into Josh’s car. The police estimate that this guy was going 70 mph at impact! Witnesses have told us that it looked like Josh’s car “exploded.” The first paramedic and policeman on the scene have told us that they didn’t expect to find any survivors when they saw the wreckage.

Josh had numerous cuts and bruises. At first, the doctors thought he had internal injuries from the seat belt, but decided the next day that he did not. He had a knee injury that required surgery and remained in the hospital for four days. He has undergone physical therapy for his knee and is now back to playing basketball. He will probably always have trouble with his knee, and he just turned 17 years old. But, we can deal with that. The other driver had a head injury and a broken bone in his ankle. He remained unresponsive until the next day. Blood was tested for alcohol and drugs. Prescription medication was found in his car.

It has been seven months since the accident. Charges have NOT been brought against this man. We are still waiting for a portion of the blood test to come back from the lab. The DA to file charges that will get him off the roads for a while, but I have already been warned by the police to not get my hopes up. But I have to at least try!

This was our first experience with this type of situation. The average length of time for blood tests to come back from the lab is 46 months. There must be a faster way maybe we need more labs or more employees in the existing labs. Either way, 46 months for a blood test is too long. I have talked to the state representative and senator. If you drive, or if you know someone who drives, then this problem affects you too. An accident like this can happen to anybody at anytime! Please contact your representative to let them know how you feel about this! We can make a change!

Update on Charges to be Brought in Josh Myer's Accident It is now April 2003, 15 months since the accident. All of the blood tests from the driver are back from the lab. They showed three different prescription drugs in his blood, plus THC, which is marijuana. I attended the meeting between the Assistant District Attorney and the police. This was in September 2002 and our case was taken before the Grand Jury in November. The Grand Jury returned two true bills - aggravated assault due to recklessness and driving on a revoked license. Arrest warrants were issued for the driver of the car that hit my son head-on at 70 mph. The problem now is that this man moved to Maryland in March 2002, three months after the accident. He will not be extradited due to lack of state funds! We have been assured that if he ever comes back to the state of Tennessee and is stopped for a traffic violation, the outstanding warrants will show up on computer and he will be arrested on the spot. I refuse to give up hope that justice will someday be served and I hope and pray that another innocent victim doesn't get in his way. He is still driving! Josh is doing well. He played basketball for Oak Ridge High School, even though he has pain with his knee every day. He will graduate in May 2003 and will be attending the University of Tennessee at Chattanooga in the fall.