Jeff Sieben Press

Police Officer Assisting Trooper at Accident Scene Hit by Passing Car

From Rochester Post-Bulletin
Road was icy when car hit police officer
Slow down, injured officer says

That's what Yemane Berhane said to himself after glancing back and seeing headlights coming right at him.

It was about 7:40 p.m. on Dec. 7, 2008, a Sunday evening. Roads were icy and a vehicle had slid into the ditch off U.S. 52 South, east of U.S. 63.

Berhane, 38, then a four-year veteran with the Rochester Police Department, responded to the accident to help. His squad car was sitting on the right shoulder of U.S. 52, providing lights for the crash ahead of him, and to a firefighter putting flashing lights on the roadway.

Berhane remembers it well.

He had been at Fire Station 5 near ShopKo South writing reports when the call came in about the accident. He volunteered to assist. A State Patrol trooper was already on the scene. Berhane parked his squad car, got out, walked down into the ditch and talked to the trooper. The people sitting in their vehicle in the ditch weren't injured. Berhane said the trooper was just waiting for a tow truck.

While talking, they saw a vehicle spin out on the icy highway, sitting perpendicular on the highway. Berhane returned to the roadway to see what was going on. The motorist was able to straighten out the car and drove away.

"Cars were still zooming by really fast," he said during a recent interview.

A firefighter on the scene was putting flashing lights out on the roadway to warn motorists to slow down.

Berhane said he backed up his squad car to give some protection to the firefighter in front, as well as to provide extra lighting.

Another police officer was directing motorists to the left lane of the highway.

Berhane said he went back to his squad car to get his traffic vest and gloves and had just closed the door and was near the front bumper of his squad car when he heard the approaching car.

"I was literally in front of the left front bumper," and saw the headlights, he said.

The squad car was hit, in turn hitting Berhane, but not knocking him down.

"I could see the back of my squad (car) up in the air," he said.

He tried to run into the road.

"Then I felt sharp pain in my lower back," he said, when hit by the car that had hit his squad. "I fell on my knees and elbows."

Berhane said he was dragged a short distance but never lost consciousness. "At some point that car was on top of me, resting. For a few seconds, I was under it."

He remembers trying to get out, saying parts of his body were under the car when it stopped.

The State Patrol said David Brien Gregerson, 24, of Winona, was driving in the left lane of U.S. 52, approaching the crash area, and said traffic in front of him began to slow faster than he expected. The Patrol said Gregerson said he applied his brakes, but didn't think he was going to be able to stop in time. He told officers he tried to move into the right lane, lost control and hit the squad car.

Gregerson, who now lives in Plymouth, has been charged with violating the state's "Move Over" law and for driving at a speed greater than reasonable for the conditions, both petty misdemeanors, and fined $175. Gregerson was not injured.

Berhane yelled into his police radio that he was down and needed help. Then he was able to crawl out from under the car and get to the side of the road.

"I just collapsed," he said. "My neck and back were killing me."

Within minutes, several other squad cars were en route -- firefighters and ambulance crews were already on the scene for the other accident.

Berhane admits he was scared. His first thoughts were of his wife, Sara, and their small children.

"Don't call my wife," he yelled into the radio to the dispatcher. "Don't call my wife."

Berhane considers himself lucky.

It was winter.

He was wearing extra layers of clothing, in addition to his protective vest.

Still, he was out of work for a month, then on light duty for a period of time before returning to patrol duty. He continues treatment for shoulder, neck and back problems.

But, "I survived," he said.

He said doctors have told him that he might not have been so lucky had he been in his squad car when it was hit -- the squad car was a total loss.

Since the accident occurred while on duty, primary coverage for his medical expenses has been under worker compensation, said Berhane's attorney, Jeff Sieben of Minneapolis.

Sieben said that in Minnesota, employees also have a right to pursue a claim against the driver. A notice of claim has been filed with Gregerson's insurance company. Sieben said if no agreement is reached between the parties, a civil lawsuit is an option, but none have been filed to date. Sieben said it will be several more months before doctors will be able to give an opinion as to long-term effects the accident has had on the officer's health.