Rural Iowa - Loss of Control of Vehicle Is the Driver's Age a DefenseQuestion: If one driver loses control of their vehicle, over corrects, then crosses the center line hitting the other vehicle and causing serious injury or death, are they excused from liability due to age or infirmity?Answer: The most likely answer is no. Old age and infirmity do not create a defense to driving with your...
One has to ask if age was a factor in causing the driver to not yeild at the intersection of Echo Avenue and U.S. Highway 18 near Nora Springs. So it was reported by the Iowa State Patrol. Mary E. Ott, 81, died in the accident that sent two others to the hospital. She was a passenger in a Cadillac driven by Richard E. Ott, 83, also of Greene. The vehicle was northbound on County Road T24 (Echo...
There is a report of a car-pedestrian collision in the Leland area. A 79 year old gentleman is crossing Highway 69 in Winnebago County. The report indicates on the way he is struck by a car traveling northbound on Highway 69. It may seem simple to many but not so to a trial lawyer. There are many unknown facts that you need to know before deciding on which is at fault of more at fault for the...
Why does the federal law exempt any vehicle whose rear height is high enough to decapitate a driver or passenger? When will the manufacturing of buses add this very simple safety design feature that will save countless lives like that of Mr. Buseman? I read about the Buseman boy crashing into the rear of the school bus on October 24, 2007 in Wright County. The first thought that occurred to me...
A Polk County jury awards nothing to the parents for love and companionship when their daughter is killed. Some people justify it by saying money won't bring her back. Heck, if I shot a deer out of season the Iowa DNR would get $20,000.00. The State of Iowa would get more for a frog killed out of season than my clients were awarded for the investment of their time, energy, love and money in the...
Did you know that in Iowa if a person gets drunk at a bar, then drives and causes another person's injuries or death that the bar's insurance has to pay? Yes they do. We handle many of these cases. Don't ever think that if the bar's insurance company approaches you directly that you don't need an attorney to represent you. You do. So protect yourself and hire experienced legal representation.
The Sioux City Journal reported that when a Sioux City man drove his boat while intoxicated the Court found him guilty of violating the law and causing a death. The accident happened on July 22, 2006 when the boat struck a wing dike flipping the boat and a passenger apparently drowned. Drunken driving laws apply equally to boat operation. The average cost of an OWI offense increases with the...
It had been previously reported that Diane Terwey, 56 years of age was killed at about 5 P.M. on Wednesday after the pickup truck in which she was a passenger collided with a semi-truck in the northbound lane of I-35. The impact was severe enough to dismember the passenger side door of the pickup truck and embed it into the cab of the semi.Hon initially said, after interviewing one witness, that...
Tractors being used on the highway or in the field can cause serious injury or death when the load shifts. Operators are always responsible for making sure the loads are secure before they begin moving. That aside there is other considerations of which every operator should be aware.In Appanoose County, Iowa such an incident resulted in the death of an operator. It is important to note that...
On October 29, 2007 in the middle of the afternoon a Dodge Ram 3500 pickup truck failed to yield from a stop sign causing a collision with a Ford Escort. The Ford appears to have been t-boned causing the death of the driver, a woman from Kirksville, Missouri. Both drivers were wearing their seat belts and shoulder harnesses. In this instance it did not save the life of Mrs. Jenkins who was...
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