OKC Family Helpless After Fatal Hit-And-Run Boating Accident

Monday, February 17th 2014, 10:53 pm
By: News 9

An Oklahoma City family said they feel helpless in the wake of a deadly boating accident last summer.

The boater who reportedly crashed into their loved ones is not facing charges, suing him is pointless and the medical bills are mounting.

7/6/2013 Related Story: Family Of Man, Missing After Boating Accident On Lake Eufaula, Speaks Out

"It all falls on us," Tonia Foster said.

Foster's father, Gary McIninch, was killed on Lake Eufaula on July 4 in a hit-and-run collision.

Two of Foster's daughters were injured and had to be flown to the hospital. The youngest cut up her head and needed stitches. The middle daughter broke her leg, so she had to have rods inserted and learn how to walk again.

Now nearly $200,000 later, Foster feels like the man who caused everything is getting off free - financially and criminally.

"It's very hard to stay so strong for my children whenever I just want to sit there and have them hold me," Foster explained.

The Oklahoma Highway Patrol said the driver of the other boat, Ryan Shumway, turned himself in three days after the crash.

He is currently facing no charges.

"Nothing has been done to him; he can go back out to the lake again," Foster said. "He can hit another person; he can kill another person."

According to the OHP, boating insurance is not required in Oklahoma.

Foster's lawyer said Shumway did not have any boat insurance, and the boat McIninch and Foster's children were on only had liability insurance, not coverage for an uninsured motorist.

Foster has filed a lawsuit against Shumway, but her lawyer said Shumway has no assets to go after.

"All the bills and this man - there's nothing they can do for him to help us - it's very overwhelming," Foster sobbed.

Foster's attorney added that the worst Shumway could get at this point is a misdemeanor.

"I wish I could win the lottery or something just so I can at least pay the bills," said Foster's mom and McIninch's ex-wife, Pat Boyd. "I mean that would take a load off of them."

The Foster family has set up a fund to help pay for all the medical bills. 

You can donate at any Chase bank location across the metro under the name "Foster Family Irrevocable Trust."

We called Shumway's lawyer, Warren Gotcher, but Gotcher said he could not comment.