Is the conclusion about this mailbox pedestrian death valid?

A 72-year-old man was struck and killed as he crossed US Highway 69 or South State Street to retrieve mail from a rural mail box. The driver of the car that struck him was 76-years-of age. The pedestrian died. As the Iowa State Trooper describes: VEH #1 WAS NB ON HWY 69 JUST SOUTH OF LAMONI UNABLE TO SEE DUE TO DARKNESS THE DRIVER OF VEH #1 STRUCK A PEDESTRIAN WHO WAS WALKING ACROSS THE HIGHWAY TO GET MAIL OUT OF THE MAIL BOX.

Definition of Assumption – an assuming that something is true, a fact or statement (as a proposition, axiom, postulate, or notion) taken for granted. Merriam-Webster

Synonyms: given, hypothetical, if, postulate, premise (alsopremiss), presumption, presupposition, supposition

This accident was on February 22, 2012 at 6:40 pm (1840) Decatur County, Iowa. The description gives me reason to pause; do you agree or disagree with the quick conclusion of the Iowa State Trooper? Is the conclusion really valid without knowing more?

There is darkness versus first getting a vision examination to determine or at least exclude another possible cause? That possible cause being that the driver maybe should not have been driving or that corrective lenses were necessary or a different set of corrective lenses. I have no evidence about this driver so I make no assertions about him or his visual abilities or negligence. And that’s the point, without more a conclusion about fault may be misplaced. And so as a lawyer I am forced to ask the question: Was the conclusion the easy way out of further investigation or is it a valid conclusion? In the practice of law we would not make such a conclusion so quickly.

I’ve written about this type of fatal accident in the past. I’ve listed below a few titles of posts having to do with personal injury, mailboxes and elderly drivers. This type of accident isn’t all that unusual. Drivers are on notice when driving in rural areas to keep a watchful eye out for farmers crossing the road to get the mail. The question is whether or not the danger is foreseeable and in this instance it is. The entire accident is tragic but foreseeable nevertheless. The driver’s age is a factor to be considered in weighing the evidence as is his lookout, previous accidents, warnings about driving prior to this collision as well as his health and vision.

• Iowa personal injury from around the State of Iowa
• What you don't know about your mailbox can kill you.
• Once Again I'm Defending My Client Old Man Winter
• And on Lombardi Law Firm’s – The Verdict about mailbox accidents
• Age and when to give up your license is an important discussion with any aging parent. They fight it tooth and nail, but children of aging parents need to know when enough is enough. Here are some posts about driver’s age and car accidents.
• Driving age, young or old, can be a high risk driver
• www.lombardilaw.com/.../driving-age-young-or-old-can-be-a-high-r...
• High risk drivers can be younger or older. It's probably more difficult to get the older driver to stop driving than the younger driver who just isn't ready for the ...
• See also Given up your Drivers Licence? (sic) – This story is about going auto free and green friendly, but may provide some insight into how to adapt to life without a driver’s license.
• Getting Grandma to Give up the Keys – Senior driving oldage
• Seniors and Their Driver’s License - NYTimes

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Minimal Crash Report:

Case Number:  2012011024  Type:  Fatality  County:  27

Crash Date:  02222012  Time:  1840

Location:  US HWY 69 / SOUTH STATE STREET

Vehicle 1 Year:  1994  Make:  PONTIAC  Type:  BON

Towed By:  I 35 TOWING

Driver Name:  SHIELDS,ROBERT EARL  Age:  76

City & State of Residence:  LAMONI,IOWA

Vehicle 2 Year:     Make:     Type:

Towed By:

Driver Name:     Age:

City & State of Residence:

Vehicle 3 Year:     Make:     Type:

Towed By:

Driver Name:     Age:

City & State of Residence:

Injury 1 Type:  Fatality

Name:  ONEAL,PAULA SHEPPARD  Age:  72

City & State of Residence:  LAMONI,IA

Seatbelt Use:  No  Life saved by Seatbelt:  No

Transported To:  SLADES FUNERAL HOME  Transported By:  SLADES FUNERAL HOME

Motor Carrier Info (IF Large truck is involved)

Name of Carrier:

DOT or MCC #:

City & State of Carrier:     Hazmat Involved?:

Summary:

VEH #1 WAS NB ON HWY 69 JUST SOUTH OF LAMONI UNABLE TO SEE DUE TO DARKNESS THE DRIVER OF VEH #1 STRUCK A PEDESTRIAN WHO WAS WALKING ACROSS THE HIGHWAY TO GET MAIL OUT OF THE MAIL BOX

Officer Name:  MATT WILLIAMS  Post:  02

Assisted By:  ISP 49 DECATUR CO S