In this Sac County accident we have the Iowa State Trooper describing the roadway as being frost-covered. That slick roadway caused a truck that was rounding a curve, to slide sideways into the oncoming lane of traffic. There was a semi-truck coming and the two wrecked. Someone died. That's unfortunate. And so today we ask a question about how weather can affect a negligence claim.

Does frost on the road excuse the driver’s negligence?

Answer: No.

What you need to know is that generally speaking, weather is not an excuse for losing control of your car or truck.

In this case the weather-related condition, is frost on the road. Frost is something we encounter every cold-weather season. It's not a surprise. In this instance, the accident took place in February - at 8:10 A.M. - in northwest Iowa. Frost on the roadway is not an unusual event during February in Iowa. And certainly not in northwestern Iowa. Remember we are still in the winter season. So that is hardly going to get a person to be found free from fault.

Frost in July? Maybe. But frost in February? Never.

That’s because drivers have a duty to maintain control of their cars and trucks; which means, anticipating that which is commonly encountered. And when you don’t you are at fault. You might want to argue, this driver didn’t notice the frost or anticipate it was there. But, just maybe he should have. He could have slowed down, put it in 4WD or simply slowed way down and avoiding losing control.

So when you come across foul weather or an adverse condition, slow down, look harder and longer. Focus. Be more attentive. The weather is not going to get you off the hook.

Call us if we can help you with your car or truck accident case.

NEWS ARTICLES

Minimal Crash Report:

 Case Number:

 2017005067F

 Type:

 Fatality

 County:

 81

 Crash Date:

 02142017

 Time:

 0810

 Location:

 M54 & 280TH ST

 Vehicle 1 Year:

 2008

 Make:

 DODG

 Type:

 PK

 Towed By:

 SCHAU TOWING

 Driver Name:

 WILLIAM FEWELL

 Age:

 73

 City & State of Residence:

 LAKE VIEW

 Vehicle 2 Year:

 2006

 Make:

 STER

 Type:

 SEMI

 Towed By:

 SCHAU TOWING

 Driver Name:

 MAXWELL (DAVID) STALL

 Age:

 42

 City & State of Residence:

 LYTTON

 Injury 1 Type:

 Fatality

 Name:

 WILLIAM FEWELL

 Age:

 73

 City & State of Residence:

 LAKE VIEW, IA

 Seatbelt Use:

  

 Life saved by Seatbelt:

 No

 Transported To:

 MERCY MED CENTER

 Transported By:

 MERCY AIR CARE

 Injury 2 Type:

 Fatality

 Name:

 PEGGY BEHRENS

 Age:

 65

 City & State of Residence:

 LAKE VIEW

 Seatbelt Use:

 Yes

 Life saved by Seatbelt:

 No

 Transported To:

 FARBER & OTTEMAN

 Transported By:

 FUNERAL HOME

 Motor Carrier Info (IF Large truck is involved)

 Name of Carrier:

 SAC COUNTY SECONDARY ROADS

 

 City & State of Carrier:

 SAC CITY, IA

 Hazmat Involved?:

 No

 Summary:

 

   

VEH #1 WAS NB ON M54 GOING AROUND A CURVE DRIVER LOST CONTROL ON THE FROST COVERED ROAD CROSSING THE CENTERLINE AND SLID BROADSIDE INTO VEH # 2 A SB SEMI PASSENGER IN THE PICK UP WAS PRONOUNCED DEAD AT THE SCENE AND DRIVER DIED AT THE HOSPITAL INVESTIGATION CONTINUES
OFFICER NAME: 294 WISSLER . POST: 05

 Officer Name:

 294 WISSLER

 Post:

 05

 Assisted By:

 SAC CO SO, LAKE VIEW

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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