It was just before 11 p.m. on July 16, 2010 when Ms. Duty and her boyfriend Ian Huffman, drove up to State Rt. 19 from Ottawa County Road 17 just south of Oak Harbor. It's a dangerous intersection, locals say, because motorists approaching Route 19 from the east or west have to travel about 140 feet on Route 19 to proceed west on Portage River South Road or east on County Road 17.
Ms. Duty, who was wearing her seat belt and had not been drinking, said she stopped at the stop sign at Route 19, looked left, right, and left again before turning right. She said she saw no headlights from either direction. As she began turning left onto Portage River South Road, her car was slammed from behind by Mr. Timothy Johnson's pickup and pushed into a field.
Ms. Duty, who sustained a broken pelvis and hip, a lacerated liver, and head trauma, said she never heard a siren, never saw a flashing light, though Mr. Johnson and several witnesses confirmed that both were operating.
"I blame not only [Mr. Johnson], but I blame the entire culture that has been created for volunteer fire," Mr. Huffman said. "There is no checks and balances, there's no policing, there's no enforcement. Imagine what happens. Do you think a local cop who knows these guys is going to stop someone? It just doesn't happen."
Mr. Johnson had never been in an accident coming to a fire, never been counseled for driving too fast, and never had been disciplined by the fire district. Yet, Mr. Johnson's speed at the time of the accident is expected to be a key part of the criminal case.
An Ohio Highway Patrol crash reconstruction report, submitted to the Ottawa County Prosecutor's Office, stated that the airbag control module -- a black box type device -- from the firefighter's pickup indicated he was traveling 98 mph just five seconds before impact and had slowed to 83 mph one second before the crash.
For his part, Mr. Johnson told investigators in an interview after the crash that he wasn't sure how fast he was going. In the report Mr. Johnson stated that he first saw Ms. Duty's car when it pulled onto State Rt. 19 from County Road 17.
Check back for more blogs on this tragic case. If you or someone you know has been involved in a car accident, call our Toledo, Ohio car accident attorneys at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.
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