I-35 Accident - Don't just blame the guy driving the semi truck

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1/23/2012
Steve Lombardi
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I-35 Accident - Don't just blame the guy driving the semi truck

This is a case where the at-fault driver’s car comes away undamaged; but that doesn’t mean he’s not at fault. The reason the entire accident sequence started has everything to do with driving using due care; which in this case he didn’t exercise. So my opinion is from this report vehicle two’s driver caused the accident. The semi truck driver is from Missouri. He is noted to be Edgel Dibben and his truck ends up on its side. This trucker may have both a personal injury and a workers’ compensation claim. Although the report says he’s uninjured so maybe it’s just the truck owner that has the claim.

Here is the officer’s description of the accident sequence.

UNIT ONE WAS NORTHBOUND ON INTERSTATE 35, WHEN UNIT TWO THAT WAS SOUTHBOUND ON INTERSTATE 35 LOST CONTROL ON ICE COVERED ROADS, CROSSED THE MEDIAN AND ENTERED THE NORTHBOUND LANES OF TRAFFIC. UNIT 1 HAD TO TAKE EVASIVE ACTION TO AVOID UNIT TWO THAT ENTERED THE ROADWAY, CAUSING UNIT ONE TO ENTER THE EAST DITCH AND ROLLING ON ITS SIDE. UNIT 2 THAT CROSSED THE MEDIAN AND CAUSED THE ACCIDENT WAS NOT DAMAGED AT ALL.

Crash Information

L O C A T I O N	Date of Accident 1/17/2012	Time of Accident 07:35 AM	County Warren - 91	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012003005
	Literal Description NB INTERSTATE 35 45 MM				Legal Intervention? No	Private Property? No
					X-Coordinate: 434019.9
					Y-Coordinate 4560818.

U N I T 1	Driver's Name - Last DIBBEN			First EDGEL			Middle DONOVAN		Suffix
	City LEBANON			State MO - Missouri, US				Zip 65536
	Driver's Age 28					Citation Charge Code 1		Citation Charge 1
	Gender Male	State MO - Missouri, US	Class A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more	Endorsements P - Pass	Restrictions J - Tem Rest License	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 3 - No ON/OFF switch present		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to:					Transported by:
	Insurance Co. Name
	Year 2012		Make		Model		Style TT		Approximate Cost to Repair or Replace 80000
	Initial Travel Direction 1 - North	Vehicle Action 88 - Other (explain in narrative)	Speed Limit 70	Point of Initial Impact 02 - Right Front	Most Damaged Area 02 - Right Front	Extent of Damage 5 - Severe, vehicle totaled	Underride/Override 1 - None
	Total Occupants 1	Traffic Controls 01 - No controls present	Vehicle Config. 05 - Single-unit truck (2-axle, 6-tires)	Cargo Body Type 05 - Flatbed	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 22 - Vehicle in/from other roadway	Second Event 06 - Evasive action (swerve, panic braking, etc.)	Third Event	Fourth Event 33 - Ditch/embankment	Most Harmful Event (by vehicle) 11 - Overturn/rollover
	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 CHAPMAN			First JOHN			Middle HOWARD		Suffix
	City NORWALK			State IA - Iowa, US				Zip 50211
	Driver's Age 40					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 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 5 - Uninjured	Occupant Protection 2 - Shoulder and lap belt used		Airbag Deployment 5 - Not deployed	Airbag Switch Status 3 - No ON/OFF switch present		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to:					Transported by:
	Insurance Co. Name
	Year 1996		Make Ford - FORD		Model EXPLORER		Style GREEN		Approximate Cost to Repair or Replace 0
	Initial Travel Direction 3 - South	Vehicle Action 88 - Other (explain in narrative)	Speed Limit 70	Point of Initial Impact 01 - Front	Most Damaged Area	Extent of Damage 1 - None	Underride/Override 1 - None
	Total Occupants 1	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 03 - Ran off road, left	Second Event 04 - Crossed centerline/median	Third Event	Fourth Event	Most Harmful Event (by vehicle) 04 - Crossed centerline/median
	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 4 - Roadside	Weather Conditions (up to two) 03 - Cloudy	Environment 7 - Previous accident	Location	First Harmful Event of Crash (use codes 11-42 only) 22 - Vehicle in/from other roadway
Manner of Crash/Collision 1 - Non-collision	Weather Conditions (up to two) 03 - Cloudy	Roadway 02 - Road surface condition	Type
Light Conditions 3 - Dawn	Surface Conditions 3	Type of Roadway Junction/Feature 01 - No special feature	Workers Present?

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NARRATIVE

Officer TUCKER	Badge No. 487	Time Officer Notified of Accident 07:36	Time Officer Arrived At Scene 07:41
Name of Agency P02	Date of Report 1/17/2012	Investigation made at scene? Yes	T.I. #