MILLVILLE-- It was a dark, rainy, February night when a trip home from the store just across the street took a dangerous turn for the worst.

“He was going to get eggs and this and that and I told him, just wait for tomorrow to go get them,” said longtime girlfriend Maria Robles. She added, “He just wouldn't listen.”

73•year•old Ludwig Lomberk set out that night on a motorized wheelchair, when he was struck by an oncoming police cruiser, and it was all caught on tape. Today Lomberk's close friends looked back on that perilous night.

“I was scared, I was real scared. My son had to help me calm down,” said Robles.

“I didn't even know what was going on. I just see some flashing lights then I went outside and see him sitting under the bumper almost,” said Antonio Robles, Maria’s son.

Days after the accident, Millville Police, who declined going on camera, say with the help of dashboard camera video, the officer, William Standnick will not be charged with the incident. They say it was difficult for him to see in the dark and rainy conditions. Police however did issue Lomberk a traffic ticket for not crossing at an intersection, saying he chose to cross in the middle of the road, instead of the nearby traffic light.

“It's just kind of a freak accident, not really expecting it. You don't get hit by a car especially a police car at that,” said Antonio.

Lomberk's friends think the situation is unfair, and say the amputee suffered a broken hip in the collision.

“I know he's ok now but when he comes out he said I am not going to cross the road,” said Maria.

Lomberk is currently receiving treatment for his injuries but family members say his condition is improving.

Officer Standnick was not injured during the collision. While the crash was under investigation Standnick did not take any type of leave.