

This is a strange and a sad case to report about. A semi-truck traveling on I-29 in Monona County, Iowa ran over a man lying on the interstate. The accident occurred on July 14, 2009 at about 1:30 a.m. in the northbound lane of travel at the 123.70 mile marker. The driver of the semi, Kenneth Olson, was driving a 2009 Volvo when he saw a body lying in the northbound lane of travel. He attempted to swerve left but was unable to avoid running over the body. The man lying on the interstate was killed by the forces. Of course it’s difficult to adjust the direction of a semi-truck very quickly. We can certainly appreciate the failed attempt by Mr. Olson.
People familiar with the man lying on I-29 thought he was under the influence of marijuana and PCP. The report describes their assessments as “very impaired”.
Here is something to think about. What if in swerving to the left the truck struck another vehicle? Would the truck driver be liable? Well, there’s no way of knowing for sure, but probably not is my guess. He’s confronted with a sudden emergency and under Iowa law a sudden emergency excuses a driver from normal rules of the road or duties attendant to every driver. We don’t normally expect to see a body lying in the interstate, so seeing one would probably constitute a sudden emergency. Snow and ice in the middle of winter can’t really be a sudden emergency but a body in the summer certainly could be.
Another interesting fact about this case is that it involves the last name of a person associated with an unsolved criminal case in Iowa. Jane Wakefield went missing on September 8, 1975.
Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed. Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )
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