Do icy roads that cause me to lose control excuse any negligence I may have had?

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

Blog Category:

Car and Tractor Trailer Accidents

1/22/2012
Steve Lombardi
Comments (0)

Do icy roads that cause me to lose control excuse any negligence I may have had?

No. Every driver has an obligation to drive using due care and at a speed that allows them to maintain control over the car or truck. To do otherwise would excuse everyone during Iowa’s icy winters or during a rain storm. We can’t have safe roads if we don’t hold people responsible. It’s every driver’s obligation to fully appreciate the weather related conditions, especially ice and icy roads. When it’s winter you simply have to driver at slower speeds and icy roads don’t excuse you from that obligation. Do otherwise and you’re simply negligent or at fault for damages and personal injury you cause. That’s true in Des Moines, Waterloo, Davenport, Sioux City, Marshalltown and every other town in Iowa.

Additional Reports:

Henderson man dies in accident, RadioIowa

Midwest gets first major snowstorm of warm winter, KASA

Fatal crash in SW Iowa injures three Omaha men, Nebraska Radio Network

Here is an example from the Iowa State Patrol. In this Mills County accident the non-negligent driver died. (Randall Jones from Henderson, Iowa, 62-years-old.) The guy coming the opposite direction has a legal obligation while driving on Iowa’s roads during the winter to slow down so he can control his car no matter the weather conditions.

Crash Information

L O C A T I O N	Date of Accident 1/11/2012	Time of Accident 05:00 PM	County Mills - 65	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012001883
	Literal Description .8 MILES WEST OF 350TH ST ON HWY 34				Legal Intervention? No	Private Property? No
					X-Coordinate: 287020.9
					Y-Coordinate 4545262.

U N I T 1	Driver's Name - Last ARGUETA			First AGUSTIN			Middle		Suffix
	City OMAHA			State NE - Nebraska, US				Zip 68108
	Driver's Age 40					Citation Charge Code 1 PENDING		Citation Charge 1
	Gender Male	State NO - None, US	Class	Endorsements None	Restrictions None	Citation Charge Code 2		Citation Charge 2
	Alcohol Test Given? 1 - None			Drug Test Given? 1 - None		Citation Charge Code 3		Citation Charge 3
						Citation Charge Code 4		Citation Charge 4
	Seating Position 01 - Front: Left Side / Motorcycle Driver	Injury Status 2 - Incapacitating	Occupant Protection 2 - Shoulder and lap belt used		Airbag Deployment 5 - Not deployed	Airbag Switch Status 1 - Switch in ON position		Ejection 1 - Not ejected	Ejection Path	Trapped 3 - Extricated by mechanical means
	Transported to: CREIGHTON HOSPITAL					Transported by: MALVERN RESCUE
	Insurance Co. Name
	Year 1997		Make Ford - FORD		Model F150		Style TRUCK		Approximate Cost to Repair or Replace 3000
	Initial Travel Direction 4 - West	Vehicle Action 01 - Movement essentially straight	Speed Limit 55	Point of Initial Impact 08 - Left Front	Most Damaged Area 08 - Left Front	Extent of Damage 5 - Severe, vehicle totaled	Underride/Override 1 - None
	Total Occupants 03	Traffic Controls 01 - No controls present	Vehicle Config. 02 - Four-tire light truck (pick-up, panel)	Cargo Body Type 01 - Not applicable	Vehicle Defect 01 - None	Driver Condition 1 - Apparently normal	Vision Obscured 01 - Not obscured	Contributing Circumstances, Driver (up to 2)
	SEQUENCE OF EVENTS			First Event 04 - Crossed centerline/median	Second Event 21 - Vehicle in traffic	Third Event	Fourth Event	Most Harmful Event (by vehicle) 21 - Vehicle in traffic
	Emergency Vehicle Type 1 - Not applicable					Emergency Status 3 - Not Applicable
	Carrier Name			City		State			Zip
	Number of Axles			Gross Vehicle Weight Rating		Placard #			Hazardous Materials Released?

U N I T 2	Driver's Name - Last JONES			First RANDALL			Middle WESLEY		Suffix
	City HENDRSON			State IA - Iowa, US				Zip 51541
	Driver's Age 62					Citation Charge Code 1		Citation Charge 1
	Gender Male	State IA - Iowa, US	Class D - Chauffeur	Endorsements 3 - Pass Veh less than 16 Pass Design	Restrictions B - Cor Lenses	Citation Charge Code 2		Citation Charge 2
	Alcohol Test Given? 1 - None			Drug Test Given? 1 - None		Citation Charge Code 3		Citation Charge 3
						Citation Charge Code 4		Citation Charge 4
	Seating Position 01 - Front: Left Side / Motorcycle Driver	Injury Status 1 - Fatal	Occupant Protection 2 - Shoulder and lap belt used		Airbag Deployment 1 - Deployed front of person	Airbag Switch Status 1 - Switch in ON position		Ejection 1 - Not ejected	Ejection Path	Trapped 3 - Extricated by mechanical means
	Transported to: DOUGLAS CO MEDICAL EXAMINER					Transported by: HERTZ FUNERAL HOME
	Insurance Co. Name
	Year 2003		Make Buick - BUIC		Model LESABRE CUSTOM		Style 4DR		Approximate Cost to Repair or Replace 6000
	Initial Travel Direction 2 - East	Vehicle Action 01 - Movement essentially straight	Speed Limit 55	Point of Initial Impact 08 - Left Front	Most Damaged Area 07 - Left Side	Extent of Damage 5 - Severe, vehicle totaled	Underride/Override 2 - Underride, compartment intrusion
	Total Occupants 01	Traffic Controls 01 - No controls present	Vehicle Config. 01 - Passenger car	Cargo Body Type 01 - Not applicable	Vehicle Defect 01 - None	Driver Condition 1 - Apparently normal	Vision Obscured 01 - Not obscured	Contributing Circumstances, Driver (up to 2)
	SEQUENCE OF EVENTS			First Event 21 - Vehicle in traffic	Second Event 01 - Ran off road, right	Third Event	Fourth Event	Most Harmful Event (by vehicle) 21 - Vehicle in traffic
	Emergency Vehicle Type 1 - Not applicable					Emergency Status 3 - Not Applicable
	Carrier Name			City		State			Zip
	Number of Axles			Gross Vehicle Weight Rating		Placard #			Hazardous Materials Released?

ACCIDENT ENVIRONMENT		ROADWAY CHARACTERISTICS Major Contributing Circumstances:	WORKZONE RELATED?	SEQUENCE OF EVENTS
Location of First Harmful Event 1 - On Roadway	Weather Conditions (up to two) 08 - Snow	Environment 2 - Weather condition	Location	First Harmful Event of Crash (use codes 11-42 only) 21 - Vehicle in traffic
Manner of Crash/Collision 2 - Head-on	Weather Conditions (up to two) 08 - Snow	Roadway 02 - Road surface condition	Type
Light Conditions 2 - Dusk	Surface Conditions 3	Type of Roadway Junction/Feature 01 - No special feature	Workers Present?

P
E
R
S
O
N

I
N
J
U
R
E
D

Name- Last
JIMENEZ

First
HECTOR

Middle

Suffix

City

State

Zip Code

Age
21

Sex
Male

Unit No.
01

Seating Position
02 - Front: Center

Injury Status
2 - Incapacitating

Occupant Protection
1 - None used

Airbag Deployment
6 - Not applicable

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path
1 - Not ejected/not applicable

Trapped
1 - Not trapped

Transported to:
CREIGHTON HOSPITAL

Transported by:
MALVERN RESCUE

NON-MOTORIST

Type

Location

Action

Condition

Safety Equipment

Contributing Circumstances

Unit No. of Vehicle Striking

P
E
R
S
O
N

I
N
J
U
R
E
D

Name- Last
ALVAREZ

First
RUBEN

Middle

Suffix

City

State

Zip Code

Age
28

Sex
Male

Unit No.
01

Seating Position
03 - Front: Right Side

Injury Status
2 - Incapacitating

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
1 - Deployed front of person

Airbag Switch Status
1 - Switch in ON position

Ejection
1 - Not ejected

Ejection Path
1 - Not ejected/not applicable

Trapped
1 - Not trapped

Transported to:
CREIGHTON HOSPITAL

Transported by:
MALVERN RESCUE

NON-MOTORIST

Type

Location

Action

Condition

Safety Equipment

Contributing Circumstances

Unit No. of Vehicle Striking

D
I
A
G
R
A
M

0

NARRATIVE

VEHICLE # 1 WAS WESTBOUND ON HWY 34. VEHICLE # 2 WAS EASTBOUND ON HWY 34. THE DRIVER OF VEHICLE # 1 LOST CONTROL ON THE ICY ROADWAY, CROSSED THE CENTERLINE AND STRUCK VEHICLE # 2 ON THE FRONT LEFT SIDE. VEHICLE # 2 THEN ENTERED THE SOUTH DITCH. VEHICLE # 1 CAME TO REST IN THE ROADWAY. A TECHNICAL INVESTIGATION IS BEING CONDUCTED BY THE IOWA STATE PATROL.

Officer MICHELSEN	Badge No. 076	Time Officer Notified of Accident 17:30	Time Officer Arrived At Scene 18:21
Name of Agency P03	Date of Report 1/12/2012	Investigation made at scene? Yes	T.I. #

As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you. See also the Iowa Edict .
Steve Lombardi, Attorney

If you or an interested person are in a collision and you would like the crash analyzed you'll need to contact Attorney Lombardi. This may or may not result in an attorney-client relationship and simply asking for a review does not in and of itself create such a relationship. If you ask and Mr. Lombardi thinks you have a case he will say so and provide an agreement for representation that then creates an attorney-client relationship. The bottom line is that Mr. Lombardi has to agree to take you on as a client; the first step of course is asking him. You've got two ways: telephone 515-222-1110 or email sent to sdlombardi@aol.com.