Below is a true story of a tragic vehicular accident that took place in Minnesota. The woman who was injured is my aunt, so this story hits VERY close to home for my family. I hope and pray that she can get this law passed, so that no one else has to suffer the same horrors she's had to endure. I realize that technically this has absolutely NOTHING to do with nursing directly, but the story needs to get out there all the same!

By Janice Gregorson

Post-Bulletin, Rochester MN

A Winthrop truck driver has admitted to driving carelessly when he went through a stop sign near Eyota in March and slammed into a van, critically injuring the driver and killing her unborn son.

Timothy James Everson, 42, also pleaded guilty Wednesday to driving a commercial vehicle while his license was suspended. Both offenses are misdemeanors.

While Judge Robert Birnbaum handed Everson the maximum jail time allowed for the offenses -- 90 days -- the grieving family said there was no justice for them.

Lisa Johnson, 31, told how their family still grieves for their unborn son, Aiken. She vowed to work to change state laws so that more severe penalties can be imposed for similar situations.

"Careless driving is a joke," she told the judge.

Everson, his head lowered, listened as she tearfully told everything the family has endured because of his actions that sunny March day.

Johnson had gotten off work early, had driven to Rochester to buy birthday gifts for a son, and was on her way to Dover. She never got there. It was on U.S. 14 at Minnesota Highway 42 that her van was struck broadside by the semitrailer driven by Everson. She had the right of way. He went through a stop sign.

She was seven months pregnant. Her baby died. She was in a coma for two weeks and didn't know what had happened until waking up.

Johnson told of her own struggles in the months since the accident. She has endured 20 surgeries, and probably will need more. She walks with the aid of a walker; has been diagnosed with Post Traumatic Stress Syndrome; has nightly nightmares, waking up sobbing and screaming that she can't stop what is coming at her, and that she couldn't save her son's life.

Johnson asked how someone with so many traffic violations can still be on the road, referring to Everson's lengthy traffic record.

Since 2000, records show 13 convictions. Since being charged in Olmsted County with five misdemeanors in connection with this accident, he has picked up new citations. Recently, he was given a 30-day jail sentence in Kandiyohi County on a violation for one of his prior convictions. And, prosecutor Laurie Anderson recently moved to be able to admit evidence of Everson's felony conviction in Wisconsin for possession of methamphetamine while driving a commercial vehicle.

"What does this pattern tell you?" Johnson asked in her victim statement.

She said her other children will never understand what happened to him or her.

"My oldest son is scared to leave my side for fear something will happen, and I won't come home," she said. "He is scared when I go to the doctor, let alone when I go in for multiple surgeries."

As for herself, she said she had to have a total hysterectomy as a result of the accident; she had four broken ribs; her spleen removed; lacerations on the liver; had two metal plates put in her fractured wrist; her right elbow had to be replaced; a hand was shattered; and a knee destroyed. Her right leg was broken, an ankle shattered. She said she had blood clots, a stapf infection and blood disorder all while trying to recover.

"I had so many code calls, the doctors didn't think I would live," she said.

Her focus now is to work for a change in state laws to provide for stiffer penalties in cases such as hers. She hopes it will become "Aiken's Law."

"I feel that is why my life was spared," she said.

Johnson said she hopes one day she will be able to forgive Everson, "but I know I will never forget."

Defense Attorney David Shamla spoke for Everson, saying his client has had sleepless nights since the accident.

"He is not a monster," Shamla said. "It was a clear day. There was a stop sign. He didn't see it. He feels terrible about it."

The judge said no sentence will provide what people might consider justice in this case.

"It's a difficult case. Very difficult circumstances," Birnbaum said.

He ordered Everson to serve 90 days in jail, to run concurrent with the 30-day sentence in Kandihoyi. He also ordered him to pay a $1,000 fine or do 100 hours of community work service. He reserved the issue of restitution on the Johnson family's bills for 90 days.

I think there should be stiffer penalties for repeat offenders like this man, and also for drunk drivers. I have lost both family members, and very dear friends to those who shouldn't ever have been behind the wheel!

It's ridiculous that repeat offenders are given chance after chance to repeat the same mistakes over with slaps on the wrist for punishment. Meanwhile, this woman, your aunt has horrifyingly been changed forever. Cars are weapons. I do believe it's time that the court system treated these repeat offenders as if they are mishandling a loaded weapon and endangering so many lives. Thank for sharing. My condolences to you & your extended family over this tragedy.

Hi! This is a tragic story. My prayers go out to you, your aunt and her unborn son. As for changing the laws I agree that it should be done. But even if the law does change, obviously It will not be enough to bring home the ones lost on the roads nor repair the damage done to the ones that are left. Regards - Peter.

Very tragic, you have my empathy. Makes me think of the time a few years back when it was raining and I was going down a hill and slid throug a stop sign and was T Boned in the driver side door. Although noone was injured other than a laceration to my head. But yes, I agree somethings gotta give.

Recent update from my (other) aunt:

"Lisa's medical bills are at 900K and more to come. She is having surgery on her left knee Feb. 1st. They are waiting for a donor for the meniscus. She will have at least 3 days in the hospital again, probably 7 with the blood disorder. 6-8 additional weeks before she walks again.
It was so awesome to her walk into Kim's (cousin) hospital room, when she had Dalton. It was the first time I had seen Lisa walk in 7 months. The loss of their little guy Aiken just breaks may heart. The laws really need to be changed, and if anyone one can do it Lisa will. "

In some states he could get involuntary manslaughter, or negligent homicide, depending upon how they write their laws, for inadvertantly killing anyone in a traffic accident, even if it is an unborn child. I don't know why that doesn't happen there.

Sorry to hear about your family's loss and pain. My prayer is that the conscience of the law-makers of this country is awaken to what's just and fair. (Conscience is the spiritual man; it rules the mind and flesh). I'll keep your family lifted up in prayer. Continue to be there for your Aunt Lisa and though her pain is so fresh right now; be encourage that one day soon, this to shall pass and all tears would be wiped away from her eyes and that one day she will see Aiken again! Pray that God give her a peace of mind, a peace that surpasses all understanding. Love you girl. Stay Strong!

this is such a sad story-yes, laws should be stricter and enforced. While nothing can make up for the life that was taken, we can only hope this will bring awareness to a situation that needs to be addressed- risky and drunk drivers. This is not an isolated incident. We hear about similiar tragic events all too often. cutie brought up a good point. Why wasn't the other driver charged with manslaughter? A life was taken.

It seems like it is OK to drive around drunk, and totally wreaking havoc in the lives of other people. I understand how he would be sorry after seeing your aunt's pain, but he had no business driving with his record! This is really, really sad. My heart goes out to you and your extended family, as well as the other families who have, at some point, been affected by this kind of tragedy.

Sad, sad, sad.

So sad....I hope your aunt and family find peace despite all of this and her health and condition improves. I know everything happens for a reason, so I believe she will change the laws....something needs to be done. Best wishes to all involved.