The driver of a 2000 Toyota 4 Runner lost control at the 1-35 southbound ramp to the I-80 eastbound ramp and the SUV rolled several times causing the passengers inside to be ejected. The accident occurred on July 25, 2009 at around 5:00 a.m. in Polk County, Iowa.  The driver must have failed the breath test for alcohol because he was charged with OWI 3rd, driving while his license was barred and homicide by motor vehicle, 2 counts.  The last charge was due to Martina Cadena and Mar’quis Rochelle dying as a result of being ejected during the rollover.  Keenan was 31-years of age and from Iowa City. Rochelle was 26-years of age and also from Iowa City. Martina Cadena was 35 and from Coralville, Iowa.
Is there negligence here? If there is it's probably to be proven in pursing evidence of the driver taking the curve too fast, driving while under the influence and not using due care. A failure to keep a proper lookout should also be pursued.  Passengers and the estates of the two who died would have 2 years to pursue causes of action. They can expect to have to pursue coverage under their own auto policies; because it's not likely the driver had auto insurance since he was barred from driving. Insurance companies insure risk and a person with a barred license shouldn't even be driving; so he's probably not insurable.  UIM, or uninsured motorist policies may have a two-year statute of limitations or it could be from the date of the denial by the insurer. Check the applicable policies.

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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