Is the driver always liable when they lose control on dry pavement?

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4/8/2009
Nick Lombardi
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Is the driver always liable when they lose control on dry pavement?

FAYETTE COUN TY CRASH

On April 5, 2009 Joey Sawyer, 24 (no relation to Tom) was driving a Monte Carlo south on Highway 18 around 8:30 pm. About two miles south of Postville for an unexplained reason the car he was driving goes off the road, rolls and comes to rest on it’s roof top. The passenger, Tkoel Iyechad, 24 is injured.

SUMMARY

VEHICLE WAS SOUTHBOUND ON HWY 18, LOST CONTROL, ENTERED EAST DITCH AND ROLLED OVER THE VEHICLE CAME TO REST ON ITS TOP

The question for today has to do with any negligence on the part of the driver when driving and there is no other explanation given. Of course we’ve not read the entire ISP report so we can’t really say in this instance anything about Sawyer’s driving; we use this instance only as an example. Is the driver liable for the passenger’s injuries and damages?

And the answer is that more than likely he will be. Unless the driver can come up with a plausible and believable explanation his actions imply, based on common sense, that he or she did not do something every driver is required to do while operating a motor vehicle; maintain control. And a failure to maintain control is an act of negligence making the driver liable for the resulting damages.

Category: Car and Tractor Trailer Accidents

Labels: accident car Fayette iowa Lombardi loss of control negligence Postville rollover West Union

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