Wheelchair ruined in accident

Published 12:13 am Thursday, February 23, 2012

Daily News photo/JOHN EBY Anthony M. Davis said he is upset by a traffic accident and asserts it should have been handled like a crime scene. "I was ejected from my chair .... It's more serious than people perceive. I’m not looking for people to feel sorry for me. I’m just glad I’m alive. It could have been a whole lot worse. It was taken too lightly. It should have been handled like a crime scene.”

Anthony M. Davis was traveling between Shell and his home on East Railroad Street when, at 5:07 p.m. Feb. 13, he was knocked from his wheelchair by a Toyota truck whose driver didn’t see him crossing West Railroad as she turned north off eastbound East Division Street.

“My chair’s totaled,” said Davis, a 2011 Union High School graduate. “It drives crooked now. It broke the lever that reclines my chair. On impact, the chair flipped over. I got up and got in my chair.”

His $6,000 power chair was on loan, so Davis must rely on a manual chair, reducing his mobility.

He was frustrated with the police report because it contained no insurance information he could use to get the chair fixed, but what he received was an internal incident narrative because the formal report had not been approved by a supervisor, but has since.

“It’s my only source of transportation,” said Davis. “I was born with a mild case of cerebral palsy.”

Deputy Chief Steve Grinnewald was leaving the station for the day so responded to the call. He said Davis exhibited no visible injuries and when asked if he was OK, assured police he was, he had just been knocked over.

Grinnewald said Wednesday that Davis was checked anyway because the ambulance was already enroute. However, based on an initial assessment, the fire department was advised to disregard the call.

Grinnewald said the driver “was not swerving through there,” but immediately accepted responsibility and said her view was blocked by the back of the truck.

Reckless driving “doesn’t even apply,” the deputy chief said, with elements of reckless and wanton disregard. A Breathalyzer test would not be administered without probable cause.

She might have been ticketed for careless driving since Davis had the right of way and she failed to yield, but that is left to the officer’s discretion.

Grinnewald said some departments “robotically” write tickets, which makes them “punitive,” and removes any chance for “compassion” particular circumstances might warrant.