Does ice and snow excuse negligence?

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Steve Lombardi, Attorney

Blog Category:

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

1/23/2012
Steve Lombardi
Comments (0)

Does ice and snow excuse negligence?

No it doesn’t; unless there is a snow storm in July. Otherwise all drivers have a duty to be aware of and to constantly monitor the weather and road surface conditions. You can’t blame the weather for driver error. It’s just that simple. We handle these cases so if we can help give us a call at 515-222-1110 or sdlombardi@aol.com.

VEHICLE #1 WAS EAST BOUND ON I-80 WHEN HE LOST CONTROL OF HIS TRUCK ON THE SNOW AND ICE COVERED ROAD. VEHICLE #2 WAS UNABLE TO STOP AND COLLIDED WITH VEHICLE #1.

Crash Information

L O C A T I O N	Date of Accident 1/17/2012	Time of Accident 11:15 AM	County Polk - 77	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012003169
	Literal Description I-80 EB AT THE 131 MM				Legal Intervention? No	Private Property? No
					X-Coordinate: 441136.5
					Y-Coordinate 4611439.

U N I T 1	Driver's Name - Last FORD			First JOSEPH			Middle JAMES		Suffix
	City ANKENY			State IA - Iowa, US				Zip 500210000
	Driver's Age 25					Citation Charge Code 1		Citation Charge 1
	Gender Male	State IA - Iowa, US	Class C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat	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 3 - Non-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 1 - Not trapped
	Transported to:					Transported by:
	Insurance Co. Name
	Year 2001		Make Chevrolet - CHEV		Model SLV		Style PK		Approximate Cost to Repair or Replace 500
	Initial Travel Direction 2 - East	Vehicle Action 01 - Movement essentially straight	Speed Limit 65	Point of Initial Impact 06 - Left Rear	Most Damaged Area 06 - Left Rear	Extent of Damage 2 - Minor damage	Underride/Override 1 - None
	Total Occupants 01	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 21 - Vehicle in traffic	Second Event	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 CLARK			First HOLLY			Middle MARIAH		Suffix
	City URBANDALE			State IA - Iowa, US				Zip 503220000
	Driver's Age 20					Citation Charge Code 1		Citation Charge 1
	Gender Female	State IA - Iowa, US	Class C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat	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 5 - Uninjured	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 1 - Not trapped
	Transported to:					Transported by:
	Insurance Co. Name
	Year 2000		Make Chevrolet - CHEV		Model TRK		Style SW		Approximate Cost to Repair or Replace 2800
	Initial Travel Direction 2 - East	Vehicle Action 01 - Movement essentially straight	Speed Limit 65	Point of Initial Impact 01 - Front	Most Damaged Area 01 - Front	Extent of Damage 2 - Minor damage	Underride/Override 1 - None
	Total Occupants 02	Traffic Controls 01 - No controls present	Vehicle Config. 04 - Sport utility vehicle	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	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?

P R O P E R T Y D A M A G E	If Property other than vehicles damaged explain	Object Damaged 01		Estimate of Damage
	Owner's Name - Last	First	Middle	Suffix
	Owner Company Name
	City	State		Zip

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 3 - Rear-end	Weather Conditions (up to two) 08 - Snow	Roadway 02 - Road surface condition	Type
Light Conditions 1 - Daylight	Surface Conditions 4	Type of Roadway Junction/Feature 01 - No special feature	Workers Present?

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NARRATIVE

VEHICLE #1 WAS EAST BOUND ON I-80 WHEN HE LOST CONTROL OF HIS TRUCK ON THE SNOW AND ICE COVERED ROAD. VEHICLE #2 WAS UNABLE TO STOP AND COLLIDED WITH VEHICLE #1.

Officer KUNERT	Badge No. 382	Time Officer Notified of Accident 11:15	Time Officer Arrived At Scene 11:45
Name of Agency P01	Date of Report 1/17/2012	Investigation made at scene?	T.I. #