OPP officer cleared in injuries to QEW motorist
The province’s Special Investigations Unit has cleared an Ontario Provincial Police officer after a 35-year-old man darted onto the QEW near Vineland and was struck by a tractor-trailer.
The OPP received a call about a disabled vehicle on the north shoulder of the westbound Queen Elizabeth Way, west of Victoria Avenue at Vineland, at about 7 p.m. on Oct. 20, 2015.
The officer arrived and spoke to the driver of the vehicle, who was standing beside his vehicle, the report said.
After telling the officer that he had a malfunctioning headlight, the man darted into traffic without warning.
A transport truck carrying 18,000 kilograms of freight hit the man.
Paramedics rushed the victim to Hamilton General Hospital with numerous fractures to his head, face, pelvis and foot.
“Without any warning, the man bolted into the westbound lanes at full speed,” acting SIU director Joseph Martino said. “The driver of the tractor-trailer had seen the man lurch into the highway and steered to the left while applying his brakes to avoid hitting him.
“The driver’s quick manoeuvre no doubt put his life in danger but is probably the reason why the collision was more of a glancing blow. The man was propelled back onto the same north shoulder of the highway.”
The SIU investigation said the officer activated his cruiser’s emergency lights and rushed to the man’s side. A nurse and a surgical resident also pulled over to assist the victim until paramedics arrived.
“On the record gathered in this investigation, it is evident that the subject officer was at all times in the lawful discharge of his duty and did nothing to contribute to the man’s rash decision aside from being present at the time and trying to help him out,” Martino said. “Accordingly, there are no grounds for proceeding with criminal charges in this case.”
The SIU assigned six investigators and two forensic investigators to this incident.
The officer participated in an SIU interview and provided a copy of his duty notes, which he is not obligated to do.
The SIU also interviewed seven civilian witnesses, including the complainant and the driver of the truck.
The investigation also included collision reconstruction evidence from the scene.
The SIU investigates reports involving police where there has been death, serious injury or allegations of sexual assault.
Depending on the evidence, the SIU has a number of options. An officer can be criminally charged if appropriate, or the SIU can close the file without charges laid.