Falling Asleep at the Wheel - Two new cases

Whose fault is it when the driver of a truck or a car falls asleep at the wheel? Well, mostly his or her own, meaning the driver's fault. But there are times when it isn't the driver's fault. I have covered the topic previously. Most of the time it is pretty straight forward. What we first want to know is who got hurt, who is making a claim for benefits, which benefits are they seeking to obtain and why? Is it the injured worker, the widow or widower, the dependent children, passengers in the truck or car or some other person who was hurt in an accident caused by the driver who fell asleep. 

To know if this can be a personal injury case or a workers’ compensation benefits case, we would need to know more about it; the who, what, where and when questions. A driver who falls asleep at the wheel can seek to receive unemployment benefits; this type of an accident might lead to the award of unemployment benefits for the injured driver. To a great degree fault has little to do with the receipt or the denial of unemployment benefits.

In workers’ compensation cases, like unemployment, fault is not an issue like it would be in a personal injury lawsuit. There can be claims by another person, be they another driver, passenger or pedestrian. There are also Social Security death benefits and disability benefits that need to be evaluated.

What if the passengers seek to be compensated? What then? Well, as lawyers we would need more  facts in order to answer those questions.

  1. Duty to stop driving falling asleep at the wheel. | Lombardi Law Firm
  2. Factual Causes For Falling Asleep At The Wheel | Lombardi Law Firm
  3. Drivers falling asleep at the wheel are still liable to the passengers
  4. Is falling asleep at the wheel an excuse for an accident? | Lombardi
  5. Crossing the Center Line and Head-on Car Crashes | Lombardi Law

Benton County, January 6, 2017

Follow this link for other blogs about falling asleep at the wheel and read about the other falling asleep car accident case.

Here is the report and another report out of Pottawattamie County from January 1, 2017.

Case #1: Minimal Crash Report:

 Case Number:

 2017000435

 Type:

 Personal Injury

 County:

 06

 Crash Date:

 01062017

 Time:

 1235

 Location:

 HWY 150 AT 13 HALF MM

 Vehicle 1 Year:

 2016

 Make:

 FORD

 Type:

 F250

 Towed By:

 ALBERT AUTO

 Driver Name:

 HAIGH, ERIC LEE

 Age:

 46

 City & State of Residence:

 CEDAR RAPIDS, IA

 Injury 1 Type:

 Injured

 Name:

 HAIGH, ERIC LEE

 Age:

 46

 City & State of Residence:

 CEDAR RAPIDS, IA

 Seatbelt Use:

 Yes

 Life saved by Seatbelt:

  

 Transported To:

 ST LUKES

 Transported By:

 CENTER POINT AMBULAN

 Injury 2 Type:

 Injured

 Name:

 KASKA, MICHAEAL PAUL

 Age:

 60

 City & State of Residence:

 CEDAR RAPIDS, IA

 Seatbelt Use:

 Yes

 Life saved by Seatbelt:

  

 Transported To:

 ST LUKES

 Transported By:

 CENTER POINT AMBULAN

 Injury 3 Type:

 Injured

 Name:

 MADSON, CAHILL RAY

 Age:

 19

 City & State of Residence:

 CEDAR RAPIDS, IA

 Seatbelt Use:

 No

 Life saved by Seatbelt:

  

 Transported To:

 ST LUKES

 Transported By:

 CENTER POINT AMBULAN

 Summary:

 

   

VEH 1 PULLING TRAILER WAS TRAVELING SB ON HWY 150 NEAR 13 HALF MM - DRIVER FELL ASLEEP CAUSING VEH TO CROSS NB LANE - VEH THEN ENTERED THE DITCH, STRUCK AN EMBANKMENT, A HIGH POWER LINE POST AND ROLLED COMING TO REST ON ITS TOP CRASH REMAINS UNDER INVESTIGATION BY THE IOWA STATE PATROL
OFFICER NAME: TROOPER AARHUS . POST: 11

 Officer Name:

 TROOPER AARHUS

 Post:

 11

 Assisted By:

 SEVERAL AGENCIES

Case #2: Minimal Crash Report:

 Case Number:

 2017000026

 Type:

 Personal Injury

 County:

 83

 Crash Date:

 01012017

 Time:

 1544

 Location:

 HWY 59 SHELBY POTTAWATTAMIE COUNTY LINE

 Vehicle 1 Year:

 2006

 Make:

 CHEV

 Type:

 COBALT

 Towed By:

 WINGS TOWING

 Driver Name:

 BRENDAN MATTHEW MOORE

 Age:

 21

 City & State of Residence:

 EXCELSIOR SPRINGS,MO

 Injury 1 Type:

 Injured

 Name:

 BRENDAN MATTHEW MOORE

 Age:

 21

 City & State of Residence:

 EXCELSIOR SPRINGS,MO

 Seatbelt Use:

 Yes

 Life saved by Seatbelt:

 Yes

 Transported To:

 MYRTUE MED CENTER

 Transported By:

 AVOCA RESCUE

 Summary:

 

   

VEH 1 WAS HEADING NB ON HWY 59 COMING INTO SHELBY COUNTY, THE DRIVER STATED HE FELL ASLEEP AND DROVE ONTO THE SHOULDER, HE OVER CORRECTED CAUSING THE VEH TO LOSE CONTROL, VEH 1 SPUN CROSSING THE MEDIAN AND ACROSS THE SB LANES OF 59, VEH 1 SPUN OFF THE ROADWAY DOWN THE EMBANKMENT ROLLING OVER, HIT A CHAIN LINK FENCE COMING TO REST ON ITS TOP, VEH 1 CAME TO REST ON REGIONAL WATERS PROPERTY, THE INVESTIGATION CONTINUES

 Officer Name:

 SGT JOHNSON #87

 Post:

 04

 Assisted By:

 SHELBY AND POTT CO,

If we can help you with your personal injury call us.

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