Highway Safety - Do foggy conditions excuse breaking the laws of negligence?

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Posted by Steve LombardiNovember 20, 2008 9:35 AM

There’s a three car accident at the Arebela Four Corners in Arebela, Missouri. According the Missouri State Highway Patrol they concluded that a nineteen year old driving northbound on Route A failed to stop at the stop sign as it intersected with US 136. A westbound vehicle coming through the intersection struck the passenger side. If that is all that would have happened that would be the end of it, but it wasn’t. The father and son were southbound on Route H and obeying the law they stopped at the stop sign at this intersection with US 136. The car that didn’t obey the stop sign then crashed into the truck that had nothing to do with any of this and the two occupants were killed.

The people in the vehicles that were obeying the law were either seriously injured or died in the crash.

Arlo R. Kreiss, 67 of Keosaqua, Iowa – died.

His son Richard Kreiss also of Keosaqua, Iowa – died.

Marvin O. Boyer, 77 of Carthage, IL. – Hospitalized with serious injuries.

The Kreiss’ were in a Chevrolet S-10. Zimmerman, 19 who didn’t stop at the stop sign drove a Chevrolet. Mr. Boyer was in a Honda. One has to wonder just how fast this kid was driving and what caused him to drive through the stop sign. With all the distractions we invite into our cars and trucks it’s not surprising this can happen. But what surprises me is that those just sitting still are struck with such impact that they died in the crash. You can never be too careful or maintain too close a lookout around you. Even if you’re obeying the law, if you see someone coming towards where you are it’s important to try and anticipate what is about to happen. If the Zimmerman Chevy was approaching at speeds indicating he is probably not going to stop horns should start to blow and drivers who find themselves in the Kreiss’ situation need to quickly assess an escape route, even if it means backing up away from the intersection.

If the fog was a factor then why would the Highway Patrol issue him a citation? What law was broken that would require issuance of a citation? If the 19 year-old had been through this intersection many times previously then he must have known of the approaching stop sign; unless of course he’s distracted. Fog can be a problem but probably only under unfamiliar circumstances.

This is such a tragedy; the laws of negligence have no conscience.

2 Comments

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Bill
Posted by Bill
November 20, 2008 3:57 PM

It sounds like to me that the accident would not have occurred if Zimmerman had stopped at or before the stop sign. The fog was only an atmospheric condition. Judges have always told me ingnorance of the law is not a defense. If logic prevails ignorance of the stop sign is not a reason to not stop. Missouri has many uncontrolled gravel road intersections. The first vehicle in the intersection generally has the right of way. This rule does not negate the duty to operate a vechile in a careful and prudent manner. Neither does the fog. Zimmerman should have slowed down and should be facing Involuntary Manslaughter charges since a reasonable person would have slowed for the fog and stopped at the sign!

Steve Lombardi
Posted by Steve Lombardi
November 20, 2008 5:13 PM

I tend to agree with you, but have no way of knowing how thick the fog or how quickly it moved into the area or how familiar Zimmerman was with the location of the intersection. If the police officer asked him why he went through the intersection and he had no good reason, or that it appeared he was simply running the stop sign then I would agree with you about manslaughter charges. Without some evidence of a complete disregard of the rules-of-the-road I don't think the manslaughter charges would be successful.

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