The Verdict - The Lombardi Law Firm Blog
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Driver Safety: Passing on the shoulder, to the right while merging with tall corn, obstructing his vision, requires extreme caution on Iowa's rural roadways
On July 13th 2009 George Clark was headed Eastbound on 140th St. when he failed to yield while crossing through an intersection. As he attempted to move through the intersection he crashed into an International dump truck driven by Anthony Buckner. The resulting impact put Mr. Buckner in the East ditch while Mr. Clarks Ranger came to a stop in the roadway, George Clark was declared dead at the scene while Mr. Buckner was uninjured. Tall corn is said to have impeded the vision of both drivers and one has to wonder if more should have been done to protect drivers and in turn avoid this accident.
If tall corn impeded the vision of George Clark, then it should be trimmed back or a warning sign needs to be installed. Also drivers need to slow down at that intersection where these two roads merge.
The vision of the trucker may not have been impeded as much as the driver of the smaller truck, since the International dump truck driver sits higher and his view may have allowed him to see the roof of the merging car. If so he had a duty to slow down.
Of course the driver of the Clark Ranger had a duty to yield and his failure to heed that warning sign has cost him his life. He owed that duty not just to merging vehicles but to his passenger. Slow it down, we aren’t in a race.