Frankly I’m not sure without knowing more about the accident sequence and whether the driver should not have pulled out from safety. It’s a difficult call without seeing and examining the physical evidence and knowing something more about the location. It is an interesting case though.

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1/27/2011
Steve Lombardi
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Did ethanol plant vapor discharge obstruct a driver’s vision causing a dangerous condition?

Frankly I'm not sure without knowing more about the accident sequence and whether the driver should not have pulled out from safety. It's a difficult call without seeing and examining the physical evidence and knowing something more about the location. It is an interesting case though.

Here is what is reported to be a statement from the plant spokesman:

The CEO of Heartland Corn Products, Ben Brown, did not want to appear on camera, but spoke to 5 EYEWITNESS NEWS over the phone and emailed us a statement, saying:

"We do not believe that the presence of the plant had anything to do with the surface conditions of the highway.  Despite everyone's best efforts Mother Nature has given us ice and snow packed road shoulders everywhere.  We do know that when the weather conditions are just right, and they are occasionally, it does affect the visibility by the plant exit." 

Bertrand says she only wants the company and other drivers to be aware of the dangers when conditions are right to cause vapors to freeze over and drift onto the road.

I'd say everyone is now on notice of what may be a dangerous condition; the DOT and city-county fathers should study the situation to make sure the vapors aren't contributing and creating a dangerous condition. Video available.

Driver Says Thick Vapor from Ethanol Plant Caused Crash
KAALtv.com
A Minnesota woman says the vapor from an ethanol plant in Winthrop was so thick last week, she wasn't able to see a semi-truck entering Highway 19 until it ...
See all stories on this topic »



Category: Injury - Property Defect-Animals



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. 
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