Man in wheelchair hit by SUV on Ash Road dies

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Posted: 12:18 AM Oct 31, 2008
Last Updated: 3:53 PM Oct 31, 2008

41 comments

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An Osceola man hit by an SUV while in his wheelchair Thursday night has died.

It happened around 7:00pm Thursday evening at Riverbend Apartments, on Ash road on the Elkhart/St. Joe County line.

Police say 57-year-old Raymond Smith of Osceola was in the proper position on the road, facing oncoming traffic as a pedestrian, when he drifted into traffic and struck by an SUV.

Smith was thrown from the wheelchair.

He was taken to Elkhart General Hospital with head and abdominal injuries and then life-flighted to South Bend Memorial, where he died around midnight.

The driver told police he did not see Smith.

Investigators with the Elkhart County crash team are working to determine the circumstances leading to the crash.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Not Important Location: Indiana on Nov 3, 2008 at 09:17 PM
Mr.Smith has 24/7 caregivers paid by the state of Indiana. Where were the caregivers or the Company that that employs the caregivers? The Company & the care givers should have known his whereabouts. Even more, one of the caregivers should have been with him. Just think, Indiana paid a Company to hire people to care for Mr.Smith. Where is the obituary or funeral for Mr.Smith? This Company should be ashamed that they are hiding their negligence.

Posted by: JERRY on Nov 1, 2008 at 10:47 AM
Mikki is mentally challenge and doesn't understand exactly has happened! Please understand this and direguard what she is saying!

Posted by: LARRY on Nov 1, 2008 at 10:40 AM
HEY MIKKI,pull your foot out of your mouth long enough to go to this man funeral.

Posted by: JAMES on Nov 1, 2008 at 10:36 AM
mikki,I think your the one who hit my cat, I quess from what you said in your post,you would be a MURDERER TOO!

Posted by: SCOTT on Nov 1, 2008 at 10:30 AM
MIKKI your an idiot! READ what you posted, thats not the MURDER!Im sorry for the family and freinds of this guy,but it appears maybe he wanted to get hit!

Posted by: FAIR IS FAIR on Nov 1, 2008 at 09:17 AM
HEY police, if these chairs are considered pedestrians,then shouldnt you guys arrest them for JAY-WALKING(riding)! This would only seem fair!

Posted by: Oh Mikki, Your so fine..... NOT Location: Osceola on Nov 1, 2008 at 01:31 AM
Mikki. If you are going to have the gall to say that the SUV driver killed the wheelchair rider and should be tried for murder, the witnesses and everyone else will say he committed suicide. HE PULLED IN FRONT OF THIS GUYS TRUCK! You know the victim, and I am sorry for your loss. But please don't blame everyone else while you are grieving. And I hope that the same situation never happens to you. I wouldn't want you to be called a murderer.

Posted by: Julie Hyche on Oct 31, 2008 at 11:29 PM
I'm sorry but if wheelchairs (golf carts, mopeds, etc) are going to be allowed on the roads then they should be required to have flags that extend into a vehicles line of view. They should be required to have reflectors, helmets, strobe lights, etc, etc. None of these things cost more than a few dollars. They all enable a vehicle, especially taller vehicles, like a SUV, truck, bus or semi to see them better. This is a tragic accident for sure. But, by the same token most of us don't drive down the road expecting to see a wheelchair in our line of traffic. I realize they have a right and a need to be out and about... but, there should be requirements to protect them as well as help vehicle drivers avoid accidents with them. A little common sense goes a long way.

Posted by: traffic director Location: 701 on Oct 31, 2008 at 07:14 PM
Here Mkikki- read this and see how foolish you sound. Your comments don't fit the elements of the crime: IC 35-42-1-1 Murder Sec. 1. A person who: (1) knowingly or intentionally kills another human being; (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking; (3) kills another human being while committing or attempting to commit: (A) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1); (B) dealing in or manufacturing methamphetamine (IC 35-48-4-1.1); (C) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2); (D) dealing in a schedule IV controlled substance (IC 35-48-4-3); or (E) dealing in a schedule V controlled substance; or (

Posted by: traffic director Location: 701 on Oct 31, 2008 at 07:11 PM
Mikki- it is not murder if not showing an intent. Maybe you need to read the Indina statue on that before you speak.. or type While sad and tragic the fact is that there was no intent. It was the result of a traffic crash, and I am assuming the wheelchair after dark had no lights or reflective markings, which combined with the wheelchair being operated on the wrong side of traffic actually makes the wheelchair driver "at fault" on the crash. it is what it is. Stop adding emotional responses like "murder" to it.

Posted by: BRAD on Oct 31, 2008 at 06:39 PM
I would like to know how a motorized (anything) is considered a pedestrian? ped=feet THE LAW HERE doesn't make sense! Maybe someone could explain this?

Posted by: Anonymous Location: Osceola on Oct 31, 2008 at 06:19 PM
Mikki-This man was not "killed." He died of injuries from the accident. Do not put the blame on the driver. This was an ACCIDENT. The driver did not do this intentionally. He did not say, "I'm going to hit this man on the wheel chair." Get your facts straight before you start sentencing people. He was a nice guy, but he should not have been out in the road at night. I live out here at Arbors and it is very dark at night and hard to see on Ash Road. My heart goes out to the driver. This was clearly an accident.

Posted by: worker Location: indiana on Oct 31, 2008 at 06:05 PM
What does SUV have to do with anything. Why didn't the headline just say he was hit by a motor vehicle. They always want to blame the SUV.

Posted by: BRAD on Oct 31, 2008 at 05:18 PM
ARE the cops stoned, how is he a pedestrian when he is on something motorized that has wheels!!PED=FEET. HE wasnt walking. I would like to hear the lame reasoning!!

Posted by: Anonymous on Oct 31, 2008 at 05:07 PM
MIKKI it is you that cant think! Did the guy in the truck swerve to intentionally hit this guy? NO !THE way your thinking if you would hit someone, your automatically a MURDERER no charges should be filed!

Posted by: Todd Location: Mishawaka on Oct 31, 2008 at 03:23 PM
Jill...re-read the above and please tell us where it says kill. I am not finding it.

Posted by: Mikki Location: Mishawaka on Oct 31, 2008 at 03:20 PM
I would just like to state the fact that this man was KILLED by a human being. Whether you like it or not, it's still murder and he should be tried and sentenced for this act. Do not put all the blame on this man. Yes, reflective gear would have be appropriate but some do not think as well as others. Please, open your hearts to his family and loved ones. Ray Smith, You will be missed dearly.

Posted by: Sandy Location: Mishawaka on Oct 31, 2008 at 03:07 PM
It amazes me how many cold-hearted and unfeeling people live in Indiana. I hope that nothing ever happens like this to one of your family or that none of your family ever ends up in a wheelchair because you would probably just ignore them or look the other way. Have a little compassion for handicapped people and for Mr. Smith's family in their time of sorrow and loss.

Posted by: Jan Location: mish on Oct 31, 2008 at 02:43 PM
All in all what ever happened to american's watching out for there fellow man regardless of the time of day or night everyone just cruises along thinking of where there headed and not about who or what is around them.

Posted by: Anonymous on Oct 31, 2008 at 01:38 PM
THe poor man in the wheelchair had no business being out at dusk riding near the road. The driver has to live w this so let this be a lesson to people in their scooters and wheelchairs.. Stay off the road!

Posted by: M Location: V on Oct 31, 2008 at 01:18 PM
There ain't no recovering from what he's got. Bottom line is drifting is dangerous. I hope this puts a little sense into the heads of the "people" who let their kids ride their big wheels on US 12.

Posted by: Anonymous Location: Osceola on Oct 31, 2008 at 12:55 PM
My heart goes out to the family. He had no other means of transportaion, but should have limited travel to daylight. I live on Ash and upon arriving home, the accident had just occured. Witnesses said he was in the WEST lane of traffic between two cars all heading South. He then turned across on coming traffic in the East Lane that was heading North. He was driving South, crossed the road and with no lights, the person who hit him had no way to see him. No street lights, he was between cars, not on the East shoulder of the road heading South.

Posted by: RON on Oct 31, 2008 at 12:49 PM
I need some money!Guess I will stand in the ROAD till someone hits me. THEN SUE THEM!

Posted by: Anonymous on Oct 31, 2008 at 12:32 PM
With super trucks and SUV, that our high on the road, you cannot see a person in a wheelchair. Add night time to the case and I also bet that the man killed was wearing dark clothing and had no reflecters on his scooter. But still a driver should be attentive to their surroundings. I feel sorry for the family of the man killed, but I also feel sorry for the driver that hit him.

Posted by: Jen on Oct 31, 2008 at 12:29 PM
Please pay attention when writing these headlines. It should read that he died from injuries received in the accident. He wasn't killed in the accident. And, the word "kill" implies intent.

Posted by: South Bend Resident Location: South Bend on Oct 31, 2008 at 12:15 PM
If scooters/wheelchairs are used on the roads, especially at night, they should have to have lights on it. That road is dark and if he had on dark clothes and no lights on his wheelchair, the person probably didn't see him until it was too late. All the time people want to blame the person driving the car when a person on a bike/wheelchair gets hit. It is not always their fault. I've seen alot of bike riders out there that just do not obey the laws and wonder why they almost get hit. They don't want to stop at stop signs/stop lights, they go in and out traffic, they go the wrong way, ect.

Posted by: Delane Location: SouthBend on Oct 31, 2008 at 11:54 AM
"Police say…[Mr.] Smith was going the wrong direction in the motorized wheelchair on Ash Road". However, which is the "right direction"? Should he have been going against traffic (as would a pedestrian) or with traffic (as would a motorist)? Either way, it's certainly tragic. My prayers are him and his family.

Posted by: Todd Location: Mishawaka on Oct 31, 2008 at 11:38 AM
I saw a man do the exact same thing by the Walmart on Indian Ridge last weekend...driving on Main Street crossing four lanes of traffic during the afternoon! How dangerous! I also saw the Flag lady driving down Grape on hers a few days ago. Granted there are no sidewalks, but there is no room to put them in because of the drop offs. The wheel chairs are illegal regardless...doesn't matter who is driving the car or truck that does not see them...they should not be on busy roads period. Say I am cold hearted if you wish, but it is just the fact. Their are service vehicles out there that will take them to the stores...they need to be safe and use them.

Posted by: Sara Location: SB on Oct 31, 2008 at 10:37 AM
It frustrates me to no end when I see people riding their motorized scooters/wheelchairs in the street. Its dangerous not only to the person using the scooter, but to those driving their cars around them. Motorized scooters and wheelchairs were not made to be used along side cars and trucks. If any of you know of someone who uses a wheelchair or scooter, please reach out to them and offer assistance if they need transportation so that we can avoid future situations like this.

Posted by: DEATH WISH on Oct 31, 2008 at 10:32 AM
Maybe he thought he was charles bronson in death wish 4

Posted by: MR. GET OF MY BUMPER on Oct 31, 2008 at 10:27 AM
If its motorized and on the road, it should lights and insurace! YOU people on bikes and electric lazyboys need to follow the rules of the ROAD! Like ride on the right side of the road, put some lights on it! Stop at a stop sign,if you do all this you might live longer!!

Posted by: kathy Location: south bend on Oct 31, 2008 at 09:51 AM
First of all N there are no sidewalks on ash rd.!! second of all the man driving the SUV should have been paying attention better to the road. and maybe Ray shouldnt have been on that side of the road, but it was probably the side he needed to be on which would be safer instead of him crossing ash rd which is wide and traffic goes way to fast. get your facts straight! i hope he recovers and will be ok. people wake up and pay attention.

Posted by: Lindsay Location: Mishawaka on Oct 31, 2008 at 09:35 AM
I was driving down Ash when this accident happened. It was dark and there are no street lights on that portion of the road. I hope this man is okay, but he should not have been driving his wheelchair in the road after dark.

Posted by: Linda Location: Granger on Oct 31, 2008 at 09:12 AM
There needs to be lanes on each side of every road specifically for bikes and wheelchairs and people walking rather than being on the road. I know this would raise taxes but it would also save lives. We waste money on other things that aren't as important anyway so why not do something that will help people. I also think though that it should be against the law to ride a bike or be on a motorized wheelchair after dark. There just too hard to see.

Posted by: Anonymous on Oct 31, 2008 at 09:12 AM
so far out of 9 comments, three people "assumed" this driver was on a cell. I do not recall seeing or hearing anything about a cell phone. It's hard enough getting the facts out , (and no I am not a believer in cell phones while driving). The fact is--it was dark, it is not a smart choice to be riding a motorize scooter at night, particularly in that area. Ride it in the daylight. Since Wal Mart went in, that whole area is nothing but accidents waiting to happen.

Posted by: K Location: Granger on Oct 31, 2008 at 09:06 AM
My thoughts and prayers go out to the gentleman who was unfortunately hit by the vehicle. However it is not fair to assume the driver was doing activities other than driving. We do have public transportation such as busses with wheelchair lifts. Common sense has to play a role here, and riding a slow motorized object, at night, with no light, the opposite way, is a risk most people would not take.....It's not safe and it's plain dangerous!!!!! Most importantly, I wish the gentleman a fast and safe recovery.

Posted by: Anon Location: Elkhart on Oct 31, 2008 at 08:58 AM
Of course, let's blame the driver, why not? Bull! You don't know the circumstances. Couldn't it be that it was dark and the guy on the scooter was wearing dark clothes and it was too difficult to see him? Couldn't it be that he was in the roadway, not on the side of the road or a sidewalk like he should be? I'm glad some of you know this guy, but there are new people driving that county line road every single day, how is everyone supposed to know that he is always out there? Is he actually handicapped or is he obese giving him the EXCUSE to ride in a motorized scooter? Don't get me wrong, I hope he will be okay. I'm just sick of everyone always jumping the gun and pointing fingers at the driver. It's not always the driver of the VEHICLE that is at fault.

Posted by: Sue Location: South Bend on Oct 31, 2008 at 08:26 AM
Well if it was dark out as it looks in the picture that is probably why he was not seen. That and the fact he was on a road made for CARS not scooters. The guy must have had a death wish.

Posted by: Sandy Location: Mishawaka on Oct 31, 2008 at 08:21 AM
First of all, this man is handicapped. Apparently he can't walk since he is in a motorized WHEELCHAIR. Therefore, it seems that the laws governing pedestrians should apply to him. Secondly, the man in the SUV should have been paying more attention to the road and less to whatever he was doing (talking on a cell phone, adjusting his radio, etc). Motorists do not pay attention any more to handicapped people or people on bicycles and then accidents happen with either severe injuries or even death occuring. As the mother of a handicapped child, my heart goes out to Ray's family and I sincerely hope that he recovers fully.

Posted by: Anonymous on Oct 31, 2008 at 08:13 AM
Exaxtly mm. Nobody is allowed to take personal responsibility. It is so much easier to blame someone else why would they?

Posted by: N on Oct 31, 2008 at 08:12 AM
We have these awesome things that run along roadways called "sidewalks". Someone should alert this man to this so that he gets off of the road and on to where he belongs. Problem avoided.

Posted by: Anonymous on Oct 31, 2008 at 08:11 AM
Yes Harry you have solved the mystery. You win 2 free cheeseburgers from your choice of Fast Food chain. Congrats!

Posted by: Harry Location: Benton Harbor on Oct 31, 2008 at 07:39 AM
Going the wrong direction? Isn't that against the law? That is correct only for walkers. I see people on bicycles doing it all the time. I don't have any sympathy for them if they get hit by a car. Although, why didn't the man in the SUV see him? Was he talking on a cell phone and not paying attention to his driving? I wonder!

Posted by: BigRedEvil Location: Death Valley on Oct 31, 2008 at 07:29 AM
I'm sure he didn't see him.... it's hard to concentrate on the road when your on the cell phone or texting.....

Posted by: Anonymous on Oct 31, 2008 at 05:56 AM
people who travel this road slow down pay attention he is always on this road my prays go out to ray...this world is becoming the pitts every one is either ghoing to fast not paying attention or TALKING ON THEIR CELL PHONES

Posted by: MM on Oct 31, 2008 at 05:24 AM
why was he going the wrong way?sounds like he brought this upon himself.but the liberals are going to blame the driver any anyone that makes comments on taking personal responsibility for their actions.