In this first post we have a Marshall County collision the day after Christmas. The road the accident occurs on is 180th Street East of Knapp Avenue. The time is 1514 hours or 3:14 p.m. on December 26, 2010. It's a two-vehicle collision and the office has the initial impact at the crest of a hill or rise in the roadway. What is significant about this collision is the officer's finding that both vehicles were driving in the center of the road, which if true would make both drivers at-fault drivers. If true for the drivers they are 50:50 and that would deny each recovery. As for the passengers, it is probably a different story, they aren't controlling the cars' movements so they can't be found to be at-fault. If there was drinking involved that would be another story and another legal theory referred to as complicity or assumption of risk. Here is the accident report that follows the short narrative by Trooper Larson.
Crash:
Minimal Reports
A crash occurred in Marshall County on December 26, 2010
UNIT 1 WAS WESTBOUND ON 180TH ST A GRAVEL ROAD UNIT 2 WAS EASTBOUND ON 180TH ST BOTH WERE TRAVELLING IN THE MIDDLE OF THE ROADWAY AS THEY TOPPED THE HILL THEY COLLIDED HEADON. Trooper Rod Larson from Post 1 was assisted by the Marshall County Sheriff's Department.
Minimal Crash Report:
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Case Number:
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2010073301
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Type:
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Fatality
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County:
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64
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Crash Date:
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12262010
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Time:
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1514
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Location:
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180TH ST EAST OF KNAPP AVE
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Vehicle 1 Year:
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2005
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Make:
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KIA
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Type:
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SEDONA
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Driver Name:
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STORJOHANN,MITCHELL JAMES
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Age:
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34
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City & State of Residence:
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MARSHALLTOWN,IA
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Vehicle 2 Year:
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1999
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Make:
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CHEVY
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Type:
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CAVELIER
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Driver Name:
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ERSLAND,SHANE ERIC
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Age:
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33
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City & State of Residence:
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IOWA CITY,IA
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Vehicle 3 Year:
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Make:
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Type:
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City & State of Residence:
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Name:
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ERSLAND,ANN MARIE
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Age:
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57
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City & State of Residence:
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MARSHALLTOWN,IA
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Seatbelt Use:
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Yes
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Life saved by Seatbelt:
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Yes
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Transported To:
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MARSHALLTOWN HOSP
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Transported By:
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AMBULANCE
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Name:
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SNIDER,HUNTER
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Age:
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10
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City & State of Residence:
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UNKNOWN ATTHIS TIME
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Seatbelt Use:
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Yes
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Life saved by Seatbelt:
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No
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Transported To:
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MARSHALLTOWN HOSP
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Transported By:
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AMBULANCE
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Name:
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ERSLAND,SHANE ERIC
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Age:
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33
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City & State of Residence:
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IOWA CITY,IA
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Seatbelt Use:
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Yes
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Life saved by Seatbelt:
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Yes
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Transported To:
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MARSHALLTOWN HOSP
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Transported By:
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AMBULANCE
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Category: I-35 I-80 I-235 I-380 Collisions/Accidents
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.
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