Hit-and-run: Victims weep, offenders drive free

By Esther Williams

Elsworth Vantwest (33) lies in his bed at the Asiri Surgical Hospital, a pale shadow of his former vibrant and fun-loving self. He is fed liquids directly into his stomach through a peg tube and wears a broad collar to keep his neck up.

"Mama loves you so much," whispers his mother Jenny Vantwest, pressing a crucifix into his hands on one of her daily visits. "God is going to make you perfect again," she adds stroking his forehead assuring him that he can come home and play with his children - Bevan (11) and Elvina (3) when he gets better. She updates him about news from home and elsewhere, despite his blank stare - the only response she gets.

Elsworth celebrating his daughter’s birthday

For the past six months, Elsworth, the victim of a hit-and-run accident on August 23, 2006, has been battling for life. Returning home from his office (Penthouse), the Marketing Executive had to go out again on his motorbike at 7.15 p.m. to collect a cheque for his company - an hour's errand. At 8.50 a neighbour called to check Elsworth's motorbike number, informing the family of the accident and that Elsworth was in Kalubowila hospital.

No one seemed quite sure of what vehicle hit him, says his wife Petrina. There was no scratch on the bike, but his helmet was filled with blood. At the hospital he looked unconscious but his eyes were open and he was bleeding from his ears in addition to having broken ribs and bruises on his hands and legs. He was rushed to the National Hospital where a CT scan showed severe internal bleeding, brain damage and the tissue controlling the vocal functions totally destroyed. Immediate surgery was recommended.

The operation though successful left the patient critical. On the 14th day, he was still holding on but the family was informed that he would be taken off the respirator. "Surprisingly two hours prior to being taken off life support he began breathing on his own," Jenny says, attributing it to their continuous prayer.

There began a critical period of hospital stints — at Kalubowila, Apollo, Ragama Rehabilitation Centre, to have specialised nursing care, physiotherapy and deal with complications such as urinary infection and diarrhoea. There was so much the family did not understand - about warning signs, seizures and sodium levels. At home they acquired a special bed to prevent bed sores and organised nursing care from Ceylinco. But when he suddenly suffered severe fits, he was rushed to the Asiri Hospital where he currently is.

The family hasn't heard his voice since the accident…..he lies in bed - with bandages and tubes. Although they know he will never be normal again they want him with them — at least in a wheelchair and at least, able to eat. Elsworth's son Bevan misses playing cricket and going to the beach with his dad. Elvina, his daughter, however, is scared to go near her father who having lost a tremendous amount of weight bears little resemblance to his former self. "Why is he sleeping so much? Tell him to come home," she says. Petrina hears her children pray each night asking God to help their father walk, talk and do the normal things that he did. Six months on they still do not understand, getting further distanced from their unresponsive parent.

"Everything is taken away from me and my two children," Petrina cries. She spends all her mornings at the hospital, showing her husband pictures of the past. At times she breaks down. "He is like a baby."

"Elsworth was loved by everyone," Jenny says of her only son. He played cricket with the neighbourhood kids, enjoyed karaoke, contributed to blood donations and many a time collected donations for good causes. "I am praying for a miracle.”

Neurosurgeon, Dr. Jaliya Lokuketagoda explains that the patient's vital signs are OK although he cannot be certain if he understands what's going on. At the neurosurgical ward, Elsworth is provided supportive therapy — physiotherapy, nutrition and general nursing care. Surgery is being considered in the future to reduce brain pressure that normally increases after bleeding and trauma. The process would place a shunt -- a long tube from the brain to the abdomen before placing back the bone flap.

However, Dr. Lokuketagoda cannot tell for certain how much improvement there will be following the surgery.

Needless to say, hospital bills have added up to a phenomenal amount -- costing more than Rs. 200,000 every month. Penthouse contributed Rs. 250,000 towards hospital expenses and continues to pay his salary. Despite support coming from relatives and well wishers, "how long can they continue do so," Jenny asks.

If I wasn't living with my mother-in-law where I do not have to pay rent, my children and I would have been on the streets,' Petrina says. Fighting tears she says, the least the driver of the vehicle that hit him could have done was to stop and take him to the hospital. "He was lying on the road without help for half an hour - the vital half hour that could have saved him from such severe disability."

"We are not angry, we just want him to come and see how he has destroyed this family," she adds. In the absence of evidence and no one claiming responsibility for the accident, there has been no investigation, which means no compensation or insurance. Coming during the prime of his life with a bright future ahead, the future seems bleak for this family while the perpetrator is walking around scot-free.

Dr. Lokuketagoda talks of another hit-and-run case that he has treated recently. Ashan (name changed) and his friends were standing on a pavement talking, when a drunken driver – a foreign national — in a Land Rover, knocked him down.

Two years on, the young lad is still confined to his bed. He is able to open his eyes, move his hands vigorously and maybe recognise people. The peg tube through which he is fed was removed recently as he is able to swallow. Beyond that the family is unsure of when or to what extent he will recover.

Twenty-one-year-old Nihal (name changed) has been luckier than most. A hit-and-run accident three months ago left his leg permanently disfigured.

Two months of hospitalisation and many surgeries later that required of surgeons to graft a huge portion of his thigh, he walks with an prominent limp and a misshapen leg — waiting for flesh to fill up, the risk of infection riding high.

Losing a year of his B.Tech degree may not seem too much a price to pay but the mental scars arising from the trauma have left him a recluse, lacking confidence and awkward about his appearance. Although the perpetrator was found, the case is yet to be heard. However, with no eyewitnesses, the family has lost hope for any kind of justice.

"Getting them to pay a fine is not enough," Nihal who till today has frequent nightmares, reliving the accident says. "They should be in prison atleast for six months to experience what it is like to be cramped up in a place."

There are apparently several hit-and-run victims at home or in hospital with little hope for recovery. Not only do they suffer, their families are also affected. Will justice ever be done for them?

What do the police have to say?

Most accidents happen due to negligence and recklessness of persons using the road. "If motorists drive cautiously, in a disciplined manner most accidents could be avoided," says SSP Lucky Peiris, Director Traffic Administration and Road Safety. SSP Peiris In hit-and-run cases, the Traffic Police can do very little unless the offender is tracked down or witnesses come forward with evidence. "But we make every effort to track them down," he says, stressing the importance of public support. The public in his opinion often ignore such happenings as they do not want to go through the hassle of going to court. "It may be you next - so don't look the other way," he says, urging people that if they see an accident to make haste and note down the number of vehicle, colour and description of person and other persons in the scene who could be witnesses. The most encouraging development is the fund created by the National Road Safety Secretariat to compensate those affected by hit-and-run accidents - for death or injury when the offender is not traced. "A committee has been appointed by the minister under the Mahinda Chinthana programme to look into this," SSP Peiris says. Already in place, the Committee will be calling for applications through which compensation will be paid to victims or their next of kin. If the offender is found, the victim will be compensated through insurance. Hit-and-run offenders are charged as other traffic accident offenders. If a victim is killed due to the accident, he/she is charged with causing an accident resulting in death due to rash and negligent driving. If there is evidence to prove the hit was deliberate, the driver is charged with murder. There is no special fine for hit-and-run although they can be charged with failing to report an accident. The Police are now recommending that authorities enhance punishment for hit-and-run offenders. New scientific methods are being used to link accidents to offenders. Investigators are advised to carefully examine the scene of crime. Parts of vehicles such as pieces of windscreen, fenders and other seemingly trivial evidence left at the scene are considered vital evidence. Further, they have made it imperative for all garages to inform the police department of all repairs being done weekly or monthly. This could enable them to charge the driver for concealment of accident. "We certainly need public support in this area," Mr. Peiris says. SSP Peiris admits that there are certain road infrastructure defects: Certain pedestrian crossings are improperly lit. He urges the public to make note of such details and inform police or the Road Development authorities.