A Cochise County Sheriff’s Office deputy who was cited and disciplined for an accident last year in which he rear-ended a stopped vehicle at nearly 70 mph is now the subject of a negligence lawsuit that also names Cochise County as a defendant.
According to the lawsuit, Deputy Troy Haymore was at the wheel of a CCSO patrol vehicle -a Chevrolet Tahoe SUV- when he collided on Aug. 26, 2019 with a 2003 Toyota Corolla on northbound State Route 90 between Huachuca City and Sierra Vista. The Toyota driven by Richard T. Speer, 75, was pulled over with other vehicles on the eastside shoulder to allow emergency vehicles to pass by.
Haymore and several deputies were responding to a shots fired domestic violence call in Whetstone around 8 p.m. Other patrol vehicles passed by the stopped drivers without incident but as Haymore approached he lost control of his SUV and struck the rear of Speer’s car.
An investigation conducted by Cpl. William Heiple of the Sierra Vista Police Department included an accident reconstruction as well as an examination of the Tahoe’s black box. It showed Haymore was traveling at about 107 mph five seconds before impact and had decreased to 92 mph two seconds before impact.
That put Haymore’s vehicle at about 68 mph when it struck the rear of Speer’s car, sending the Toyota across all four lanes of SR90 where it came to rest on the westside of the southbound lane. The investigation report noted the car was not hit by any passing vehicles as the southbound traffic had also pulled over for the approaching emergency vehicles.
The force of the impact caused the rear tires of Haymore’s patrol vehicle to come off the roadway for 47 feet before touching down again. The SUV skidded more than 245 feet before it left the eastside of the roadway, then went down a ditch, rolled over at least twice, and came to rest on its roof 218 feet from the roadway.
The investigation led to Haymore being cited for violating Arizona Revised Statute 28-701A, Failure to Control Speed to Avoid an Accident. He paid for and completed a defensive driving school program.
“Even though Deputy Haymore was justified, under ARS 28-624A(1), in traveling with lights and siren beyond the posted speed limit of 65 mph, due to the severity of the call he was responding to, it is incumbent upon the law enforcement officer operating an emergency vehicle to use due regard for the safety of the public,” Heiple noted, adding the collision may have been avoided “if not for the excessive speed.”
One year later, Speer filed a lawsuit against Haymore and Cochise County, alleging negligence by the deputy and vicarious liability against the county. But the filing was not unexpected.
In February, personal injury attorney Christopher Zachar filed a notice of claim with Cochise County demanding $125,000 to settle claims put forth by Speer.
Such a notice is required by state law at least 60 days before a lawsuit can be initiated in order to allow a public entity like Cochise County to resolve claims without the cost of litigation.
Notices of claim and lawsuits are referred by the Cochise County Attorney’s Office over to the county’s insurer, Arizona Counties Insurance Pool (ACIP). It’s unclear whether Cochise County or ACIP made a counter-offer to resolve Speer’s notice of claim, but the fact the lawsuit was filed confirms the parties did not reach a settlement within the 60 day window.
Public records obtained by Arizona Daily Independent show Speer, who was wearing his seatbelt, was later treated at an emergency department. He required ongoing medical care for “constant pain in his neck with radiating symptoms into his left arm,” according to his notice of claim, which sought reimbursement for physical injuries, pain and suffering, medical expenses, vehicle damage, and “loss of well-being.”
Although Speer offered to settle his claims earlier this year for $125,000, a jury will not be limited to that amount when the matter goes to trial in late 2021.
Haymore was treated at the scene for blunt force trauma to his face as well as a laceration on the back of his head. He received subsequent medical care at Canyon Vista Medical Center and was cleared to return to duty several weeks later.
A letter of reprimand was issued to Haymore by his lieutenant once the accident investigation was complete. There was also evidence to suggest Haymore was not wearing his seatbelt.