A truck driver has been charged in a deadly Sunday crash in Indiana that authorities say appears to have resulted from distracted driving.
The wreck, which involved a semi and eight other vehicles, happened shortly after 11 a.m. on Interstate 65 northbound, near the Zionsville exit, according to the Boone County Sheriff’s Office.
Mathew Lewis Small, 34, of Grandville, Michigan, faces three counts of reckless homicide, according to a news release from the Sheriff’s Office. Small said he had looked away to put down a coffee mug when he struck the other vehicles in slowing traffic.
Officials identified those killed as Mariah Tomey, 21, Hadley Tomey, 1, and Kaylee Kirk, 19, all of Lebanon, Indiana.
“A sad day for two Boone County families,” Sheriff Mike Nielsen said in the release. “The loss of two young women and a one-year-old child.”
All three people killed were in a vehicle that was pinned against a guardrail. Fourteen other people in the accident had non-life-threatening injuries.
I-65 northbound and I-865 westbound were closed approximately four hours during the investigation.
“DO NOT drive distracted or impaired,” Nielsen said. “Keep these families in your thoughts and prayers.”
Troy
I’m sure that alibi will be blown up once they look over his phone and prior days hours of service. There will be dozens of people crawling all over this guy.
Joseph Goltz
Sue the FMCSA, due to accident on the grounds of ELDS, been driving 39 yrs. Accidents are strickly due to dot, FMCSA, the fed government, changing hours of service constantly!
Noble1
Google this :
Suing the Government for Negligence: The Federal Tort Claims Act
“Unfortunately, suing the federal government under the FTCA is trickier than suing a private citizen — you will have to jump through a number of hoops, and the lawsuits are subject to a lengthy and sometimes confusing list of limitations.”
The Federal Tort Claims Act (“FTCA”)
Historically, under the doctrine of “sovereign immunity,” you were not permitted to sue the king. Sovereign immunity has carried over to modern times in the form of a general rule that you cannot sue the government — unless the government says you can. Fortunately, the Federal Tort Claims Act (“FTCA”) allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment.
If you believe you may have a claim for negligence (careless conduct, or other wrongful or “tortious” conduct) against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA. Unless your claim is allowed by the FTCA, there is a good chance it will be barred by sovereign immunity. ”
Note on State Government Liability for Injury: State governments are entitled to the same sovereign immunity that is enjoyed by the federal government, but every state has also passed its own set of laws (often referred to as a “Tort Claims Act”) in which the state has conditionally waived that immunity. And in certain situations where the negligent action (or inaction) of a government employee or agency has resulted in personal injury or property damage, citizens may be able to make a claim for damages. To learn about the rules in your state when it comes to filing an injury claim against the government, ”
Google this :
Suing a City, County, or State for Injury: Special Rules
“The Government May Be Immune From Your Injury Claims”
“Most states will not allow injured persons to recover punitive damages from the government. Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct. The rationale behind this policy (against punitive damages in these cases) is that, where the government is involved, punitive damages would not have the same deterrent effect.”
Keith
He fell asleep
IdahoMtnGsl
No, don’t think so….probably on his phone.
Noble1
Reason for accident was looking away while putting down a coffee mug ???
Quote:
” Small said he had looked away to put down a coffee mug when he struck the other vehicles in slowing traffic.”
Come on man ! No freaking way !
That’s equivalent to the time that it takes to look away in a mirror and back !
Something is amiss here !
In my humble opinion ………….
Cindy
My husbands buddy knows the guy’s family. When he went to put his coffee down he missed and he just tried to catch it.
John
Sorry but he needs to get out of truck driving. I got food poisoning and threw up all over my self at 65 mph on I-80 in the twisting hills. I kept my cool and waited to clean myself up at the Brookville, PA TA truck stop. If coffee gets spilled you let it go and clean it up at the next rest area or truck stop.