Court docs: Elderly driver who struck child in Cudahy crosswalk thought a rock hit her

CUDAHY, Wis. (CBS58) — Cudahy police have released new body camera footage from a hit-and-run crash that left a 9-year-old injured last Tuesday, Oct. 28 in Cudahy. The video shows the 89-year-old driver, who has not been charged, didn't know she hit 9-year-old Lenci Lambert who was walking near the intersection of Swift and Ramsey, on her way to JE Jones Elementary School. 

"Are you aware of anything that happened this morning?" asked a Cudahy police officer to the driver who was at the hospital for an appointment.

Lenci Lambert Family

"It seemed like a rock or something hit my car!" she responded.

That 89-year-old driver would soon find out a rock didn't hit her car. Instead, the driver was the one who hit a 9-year-old girl walking to school. The accident left Lambert with a concussion, road rash and, according to family, a fear of crosswalks. 

It was around 8 a.m. that witnesses say the 89-year-old went around a stopped car in front of a crossing guard striking Lambert.

"I was here when it happened. They just kept going, they didn't even stop - she went up in the air," said a witness to a Cudahy police officer who was taking witness statements at the scene.

Witnesses had varying descriptions of the suspected vehicle, so officers went to the nearby hospital to see if their cameras caught on camera any vehicle that could be a match. That's when they found the car with visible damage to the passenger's side and the driver inside for an appointment. 

Police asked the driver questions to supposedly gauge her memory, including what day and month it was, who was currently president, and when her birthday was. The driver was able to answer all correctly. Then, police asked if she was aware of anything that happened that morning, to which she responded she thought a rock hit her car, since there's so much construction nearby. She was asked if she was aware of a school zone nearby, as they were just three blocks away from where the hit-and-run occurred. The driver answered, "I'm not familiar with one, no." The officer asked her if she knew if there were any stop signs in the area, to which the driver said, "not really."

When police asked if the "substantial damage" to her vehicle could've been caused by a rock, the driver said it could've been from a barrel. The officer told her the damage was "not a barrel," and she said, "it’s not? well, I don't know."

Officer: "The rock or barrel that you thought you hit wasn't, like I said before, it was actually a child."
Driver: "Really?"
Officer: "You struck a child at a crosswalk."
Driver: "Really?"

The driver was then taken back into the hospital for a blood test to see if she had anything in her system that may have caused the accident or lapse in memory. While the test was being done, she had asked about the girl and her condition. She had also told officers she didn't drink, had never been in an accident, and that her doctor said she was "mentally aware."

Cudahy Police Department

Lambert's uncle, Paul Buchman, said he was at the scene and noticed the driver's windshield was broken as was the mirror. Lambert's mother, Kim, only a few houses down, ran out when she heard the crash.

"I can’t imagine looking down and seeing your daughter in the street, basically dead. I mean in her eyes, she was dead," said Buchman.

Lambert went back to school Tuesday, Nov. 4, for a few hours at a time. Buchman shares that while there weren't any serious physical injuries, she’s scared.

"She’s been through something that no young child should have to go through," said Buchman. "She’s going to need some help. Not only physical recovery, but mental recovery. The whole family will."

The 4th grader is described as a loving, hugging person by her uncle. He went on to say, "every time you see her, she says, 'I love you' and gives you a big hug. It's just nicer to have her in the world."

As police continue their investigation, Buchman said if they determine the driver did go around the stopped vehicle ignoring a stop sign, he wants the driver to face consequences. 

"I truly believe that she would need her license revoked, taken away. I would hate to have this happen to somebody else because of this. does the family want to crucify this lady? No, no. That’s not what it’s all about. what it’s about is getting the community involved, the city involved in making the corner safer for the kids."

The family wants there to be added safety measures at the intersection, like flashing lights or even speed bumps. Cudahy Mayor Ken Jankowski, however, said last week that they have not had any complaints in that intersection in the recent past and has no plans to change or add anything to the intersection.

The family created a GoFundMe to help cover their medical expenses and therapy. You can find that link HERE.

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