You can’t block the road simply to talk with someone who is on the shoulder. And certainly not on I-80. Crest of hill - due care.

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4/2/2011
Steve Lombardi
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Blocking the Road – Duty to Maintain a Proper Lookout

Blocking the Road - Duty to Maintain a Proper Lookout

You can't block the road simply to talk with someone who is on the shoulder.

In this report we have a two-truck accident on eastbound I-80 at the 138.5 mile marker. According to the ISP report there is a car legally stopped on the shoulder. For an undisclosed reason an 18-year-old driver of a 1998 Ford CRN Vic either slows or stops right next to the car parked on the break down lane. Behind him is the crest of a hill and beyond that crest is an oncoming semi-truck being driven by Richard Quentin Hoefs, Grand Meadow, Minnesota. He's 84 and driving a 1999 International Semi-truck for Jacobson Transport, Inc.  

Here is the narrative:

UNIT 1 WAS EAST BOUND WHEN IT STOPPED ON THE TRAVELED PORTION NEXT TO A NON-CONTACT VEHICLE THAT WAS LEGALLY PARKED ON THE SHOULDER. UNIT 2 CRESTED THE HILL AND REAR-ENDED UNIT 1. UNIT 1 CAME TO A REST ON THE SOUTH SHOULDER. UNIT 2 ROLLED OVER AND LEFT THE ROADWAY, COMING TO REST ON ITS TOP IN THE SOUTH DITCH.

In Iowa every driver has a duty to drive with a proper lookout and with due care. That applies equally to stopping on a busy road and especially Interstate 80.

You can read the entire report by following this link.

  • Date: 3/22/2011
  • Time: 11:51 p.m.
  • Place: Polk County, Iowa on I-80, Eastbound 138.5 Milemarker
  • Driver 1: J. Liggins (18) Des Moines.
  • Driver 2: R. Hoefs,(84) Grand Meadow, MN 55936.

Description or Narrative: See above or follow this link or this link.


Minnesota truck driver killed in I-80 crash

...of a crash in the eastbound lanes of Interstate Highway 80 northeast of Des Moines late Tuesday night. from DesMoinesRegister.com - NEWS - Mar 24, 2011 4:12 AM

Category: I-35 I-80 I-235 I-380 Collisions/Accidents



For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




1 Comments to "Blocking the Road – Duty to Maintain a Proper Lookout"

And I know there may be questions on why an 84 year old man was driving a semi. I can personally tell you that this 84 year old man was healthier than some others in their 60's and at the age of 79 still received safe driving awards.
Posted by Barb Russell on April 22, 2011 at 02:02 PM

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