Family of teen hit, killed by driver in Ross Township pushes for change to driving laws
PITTSBURGH (KDKA) — Nearly nine months after a teenager was hit and killed by a driver in the parking lot of the North Hills Village shopping center, his family is calling for change.
In an interview with KDKA-TV, Christopher Lucas' family talked about what changes are needed so that no family has to feel the same pain.
Lucas' father, Joe, his mother, Dina, and his brother, Nate, all agreed that the 15-year-old boy was loving life as a ninth grader at Allderdice High School.
"Just the joy he brought you, being around him, it was awesome," Nate said.
"He was my best friend," Joe said. "We did everything together."
On Oct. 15, 2022, their lives were shattered.
"I heard the car coming. We turned around it and it was right there. We had to move," Dina said.
According to Ross Township police, 92-year-old Larry Burkhart was driving his Chrysler Sebring through the parking lot of the North Hills Village shopping center when he hit a parked car, an SUV and then the 15-year-old boy. Police said Christopher was dragged 22 feet, and Burkhart stopped only after hitting a landscaping island.
Christopher died at the scene as his family watched helplessly.
"We just watched him die," Dina said. "It was bad. It was horrible. He died horribly. There was never a noise from him. So I hope that means he didn't suffer."
Burkhart stayed on the scene and in the police report he told a Ross Township detective as he and his wife left the grocery store, the brake and gas pedals went down to the floorboard and the vehicle "just took off on him."
Burkhart said he thought he might have hit a couple of parked cars and a planter but didn't remember hitting anyone. He consented to a blood test, which found he was not intoxicated.
But the report also details Burkhart's daughter telling an investigator "she believed Larry could be showing signs of Alzheimer's/dementia."
The report goes on to say she mentioned that at a previous appointment with his primary care physician and voiced her concerns to the doctor about her father driving, stating the doctor refused to suggest to Burkhart that he should stop driving.
In April, Burkhart pleaded guilty to two summary offenses: careless driving - unintentional death and driving at an unsafe speed. Rebecca Spangler, the first assistant in the Allegheny County District Attorney's Office, defended the decision, saying:
"The circumstances resulting in the death of Christopher Lucas are tragic. However, legally the facts do not support the filing of misdemeanor or felony indictable offenses."
The Lucas family vehemently disagrees.
"I expected him to be arrested," Joe said. "Anywhere from second-degree murder to manslaughter."
According to Ross Township Deputy Police Chief Brian Kohlhepp, the department requested Burkart complete both a medical and driver examination.
Phil DiLucente, the attorney for Burkhart issued this statement: "My 93-year-old client has pled guilty to 2 separate traffic offenses and paid all fines to the citations regarding the traffic accident involving the death of Mr. Lucas. He is no longer driving, nor has a vehicle. Obviously, this is a tragic situation, one which has been very difficult for my client, his family and the family of Mr. Lucas. He has cooperated with law enforcement since the start and respectfully asks for privacy at this time."
As the family grieves, the family is also determined to shine a light on the life lost and what they consider an injustice.
"That was my best friend," Nate said "I don't have that anymore. I don't get to experience anything else with him. It's just not fair."
"Our life is totally changed," Dina said. "It's never going to be the same."
The whole situation begs a bigger question: What requirements are there in Pennsylvania for older drivers, for their own safety and the safety of others?
"Sometimes it takes an event like this, unfortunately, for people to start paying attention to it," said State Rep. Jason Ortitay, who sits on the state House Transportation Committee.
In Pennsylvania, there are no clear rules for elderly drivers. Instead, PennDOT looks at others, mainly doctors or others in the medical community, to report issues that may impair a person's ability to drive.
"All physicians and other persons authorized to diagnose and treat disorders and disabilities must report to PennDOT any patient 15 years of age or older who has been diagnosed as having a condition that can impair their ability to operate a motor vehicle safely," PennDOT spokesperson Diego Sandino said.
Law enforcement, as well as concerned family members and friends, can also report to PennDOT with any conditions or concerns. In turn, that PennDOT then require a medical exam, a driver's test or both.
Every month, PennDOT randomly selects 1,900 drivers over the age of 45 to have vision and physical exams before their license renewal. Depending on the results, a person may have to take the driver's knowledge test, the on-road skills test or both.
The only provision in the state for drivers age 65 and over is giving them a choice of having their license renewed for two years instead of four.
However, according to the Governors Highway Safety Association, 37 states and Washington, D.C. have provisions. In Illinois, drivers 75 and older are required to take a road test for the renewal. For drivers between the ages of 81 and 86, license renewals drop from every four years to every two years, and those 87 and over must renew every year.
So what about Pennsylvania? The state has the third-largest population of older people in the nation and nearly a quarter of the state's drivers are 65 or older.
"I think it is something that does need to be addressed legislatively, whether you look at mandating testing, health tests, health screenings at a certain age, whatever that age is," Ortitay said. "I think that is something we could have some hearings on. We could bring in some experts. We could maybe pinpoint what that age should be and what those health conditions should be."
KDKA-TV's Jennifer Borrasso: "Is there anything that Pennsylvania does to pursue doctors who may ignore signs?"
Ortitay: "Legally, yes. But I have yet to see an example of them going after a doctor."
For now, awareness may be a simpler solution, and having tough conversations with loved ones when it's time to take away the keys.
"It's hard to make promises as far as getting legislation done," Ortitay said. "But what I will say is this: This has been brought to my attention over the last week. I've already started putting wheels in motion about possible ideas on what we can do to solve this."
