One Vehicle Crashes Raise Questions about Negligence

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Car and Tractor Trailer Accidents

6/28/2010
Steve Lombardi
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One Vehicle Crashes Raise Questions about Negligence

Here is another one-vehicle crash reported by the Des Moines Register from the North Liberty area. We've seen a lot of these lately. According to the report the car is rounding a curve when the driver loses control, goes into the ditch and overturns.

This type of crash will always raise issues related to the speed being proper followed by an examination of any distractions of the driver as reasons why there was a sudden loss of control. In this case the passenger died. She was Katrina Christensen, 44 from Atlantic, Iowa.

Investigating this type of case post-accident, is interesting and can rely almost heavily on what the driver told the investigating officer right after the collision. Right after the accident is a time when the accident participants aren't thinking of dodging responsibility; their guard is lower than the defensive posture defense lawyers and insurance companies will later demand. In 30-years I've seen very few people who once sued will allow their conscience to guide them rather than the defensive gaming that does ultimately seem to prevail. You can dislike the guy doing the suing, asking for the defense to take responsibility for the accident, but he or she pales in comparison to the defense posturing. "Who us; what did we do wrong?"

And in other news,

Jackson County, Iowa - An Illinois teen died as the ATV he was driving came into contact with a car in Miles, Iowa. Miles, Iowa is in Jackson County. The two vehicles hit head-on. The ATV driver was Timothy Fosdick from Savanna, Illinois. He was 18-years-of age. The driver of the 1995 Pontiac was Joel Soll age 22. Fosdick died in the head-on crash. The location of the collision is noted to be 9300 block of 540^th Avenue, just north of Miles. Trooper Oliver investigating. The ATV caught fire and ended up in the east ditch.

The very next day on June 9, 2010 in Jackson County a second crash occurred at 12:44 a.m. on Iowa Highway 64 or Jackson Highway and 251 Avenue a vehicle struck some kind of animal as it entered the roadway. Not sure of the animal but the driver was noted to be Joshua Oliver from Stockton. Of course in Iowa certain animals must be restrained and failing to do so can make the animal's owner liable for damages and injuries they cause. Had this been a motorcycle the result could have been much different.

These are different kinds of collision; ones we don't ordinarily see. Let's be careful out there.

Labels: accident auto collision Commentary comparative crash fault iowa law lawyer Lombardi negligence wreck

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