An Arizona woman is demanding the maximum sentence allowable for two Weatherford teens suspected of throwing rocks and railroad spikes onto a North Texas interstate and hitting her in the face.
Dyan J-Heim, 59, had some of her front teeth knocked out and a portion of her top lip completely torn off. She said she was just thankful she turned her head shortly before she was struck; otherwise she may have been hit in the eye.
Heim and her husband were traveling west on Interstate 20 the morning of July 15 when, between the Bankhead Drive and Santa Fe Drive exits, a golf ball-sized rock came crashing through the passenger side of the windshield and hit her. Their vehicle was one of at least 12 that were struck by stones and railroad spikes, according to police. They are saying it's a miracle that no one was killed.
Photographs of the damage show holes in some of the windshields and side windows of several vehicles as a result of the stones, in addition to a railroad spike impaled into the side-view mirror of a tractor trailer. The two suspects were throwing the rocks and spikes from a position along the north side of the westbound lanes of I-20. Apparently, the boys told police they were aiming for the trailers being pulled behind big rigs.
The two teens have each been charged with felony criminal mischief and aggravated assault with a deadly weapon. While the criminal charges are crucial to ensuring that these kids pay the price for their dangerous actions, a personal injury case can be made against them as well. The claim would usually be against any homeowners policy that might apply to where the teens live.
Dyan J-Heim could make a claim against these boys because of her injuries and property damage to her car. She will have to have surgery and expensive procedures to get new teeth, and she may have a significant amount of scarring from her lip being torn off. I always tell my clients that an injury claim can't change what has already happened, but it can certainly help ensure a better future moving forward.