Driver that killed Massachusetts girl, 5, not at fault: Essex DA
An investigation into a tractor trailer striking and killing a 5-year-old girl traversing an Andover crosswalk in May has found the driver not at fault, according to the Essex County District Attorney.
The driver will not face any criminal charges stemming from the May 9 incident, when the tractor trailer collided into and killed Sidney Mae Olson at the intersection of Route 28 and Elm Street, DA Paul Tucker said Friday.
Sidney and a family member had been going through an Elm Street crosswalk on their way to art class, while the walk sign showed it was still safe to cross.
“The investigative findings do not provide sufficient evidence to seek criminal charges against the driver of the tractor trailer,” a release from the DA’s office states. “The driver was stopped at the intersection. As he began to advance forward on the light turning green, he was unable to see Ms. Olson traveling on her scooter in the crosswalk below. The driver was not impaired by any substances and immediately came to a controlled stop after the collision.”
Sidney’s parents, Eric Olson and Mary-Beth Ellis, have become staunch advocates for road safety improvements, not only in Andover but across the entire state. Immediate changes were made to the intersection following the tragedy, including relocation of the stop line and increasing pedestrian cross time.
“We’re relieved to reach closure in the criminal investigation. When Sidney died, it left an immeasurable hole in our lives. We miss her giggly laugh, dimpled smile, and kind heart,” the couple wrote in a Friday statement. “We know this crash devastated everyone involved, and we’re thankful for the tough work done by the Andover police department, the Massachusetts State Police, and the Essex County District Attorney.”
“Today’s decision doesn’t change the terrible truth: The crash that killed Sidney, like 42,000 US traffic deaths last year, was preventable,” the statement continued.
Massachusetts State Police collaborated with the Essex DA’s office and Andover Police in the investigation involving an accident reconstructionist, video from inside the tractor trailer, scene photographs, among other resources.
“Materials generated in the course of the investigation were provided to the attorneys for the family of Ms. Olson,” Tucker said. “We offer our sincere condolences to the Olson family for their immeasurable loss.
Sidney’s parents say they believe their daughter’s life could have been saved if some of the changes made to the intersection following the tragedy had been in place before the incident.
“Sid was a couple feet away from being here right now,” Eric Olson told the Herald in August. “Had the stop line been where it is today, she’d probably be here. Had the lights been where they are now, she’d probably be here. We are happy that this is carrying us forward, but we recognize, too, that this is a small step in a long journey.”
A road safety audit, compiled by the town and state and released in August, outlined 88 potential safety enhancements to the intersection.
The most important and immediate change, Olson told the Herald, is exclusive pedestrian phasing, meaning traffic is stopped in all directions when the walk signs are on. At the time of the tragedy, vehicles were allowed to turn across a crosswalk while a walk sign was showing.
In Friday’s statement, Olson and his wife called on business owners to review when and how deliveries happen “and update your trucks with the safety guards, cross-over mirrors, and backup cameras now required on state-owned trucks and proven to help drivers spot people like Sidney.”
Olson and his wife are preparing to host the “Sidney’s Rainbow Run” in Andover on Thanksgiving, promoting “Safe Streets for People.” The Sidney Mae Olson Rainbow Fund has already raised more than $100,000 to create ways for children from underrepresented communities to access education.
“In life, Sidney wanted nothing more than to bring people together,” the couple wrote. “In her death, we hope we can all work together to implement the proven solutions capable of addressing this public health crisis, making our roads safe and our neighborhoods more livable for all.”
Sidney Mae Olson died after a large truck hit and killed her in an Elm Street downtown crosswalk. The 5-year-old girl was on her way to art class with her family. (Courtesy family photo)