Is losing control on an icy highway excused because ice is slippery?
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Is losing control on an icy highway excused because ice is slippery?
lombardilaw2022-03-13T13:17:15-07:00
Attorney Lombardi
Carroll County Highway 141 Fatal Collision
No, ice on an Iowa highway during winter months is to be expected and a driver’s loss of control can be expected and therefore has to be anticipated. As drivers in Iowa, it is reasonable to expect everyone to know ice may very well be on the roadway.
And, how do you anticipate icy roads? As the driver you maintain a proper lookout, you slow down and you maintain sufficient distance between cars ahead to be able to stop in an assured distance.
There are other things to consider about this accident that may prove negligence. These things we can not assume from this report. ISP reports are cursory and require a more thorough investigation. I will list a few ideas for further investigation.
Interview accident witnesses
Interview the passengers
Obtain any sobriety tests
Obtain the autopsy report
Obtain the driver’s cell phone records
Evaluate skid marks
Evaluate the tires on the at-fault-vehicle
There are many other ideas I can think of to investigate, but too many to discuss on a short blog.
Minimal Crash Report:
Case Number:
2022004954
Type:
Fatality
County:
14
Crash Date:
02222022
Time:
0850
Location:
HWY 141 W OLYMPIC AVE
Vehicle 1 Year:
2010
Make:
FORD
Type:
F150
Towed By:
PERFORMANCE TIRE
Driver Name:
RAE JEAN LEPIRD
Age:
58
City & State of Residence:
CARROLL, IA
Vehicle 2 Year:
2018
Make:
DODGE
Type:
CARAVAN
Towed By:
PERFORMANCE TIRE
Driver Name:
ASHLEY DAWN KESSELRING
Age:
32
City & State of Residence:
COON RAPIDS, IA
Injury 1 Type:
Injured
Name:
RAE JEAN LEPIRD
Age:
58
City & State of Residence:
CARROLL, IA
Seatbelt Use:
Yes
Life saved by Seatbelt:
Yes
Transported To:
ST ANTHONY REGIONAL
Transported By:
CARROLL CO AMBULANCE
Injury 2 Type:
Fatality
Name:
ASHLEY DAWN KESSELRING
Age:
32
City & State of Residence:
COON RAPIDS, IA
Seatbelt Use:
Yes
Life saved by Seatbelt:
No
Transported To:
STATE M E, ANKENY
Transported By:
WOODHOUSE FUNERAL
Summary:
UNIT 1 WAS EB ON HWY 141 WEST OF OLYMPIC AVE WHEN IT LOST CONTROL ON THE ICY ROADWAY – UNIT 1 LOST TRACTION AND CROSSED THE CENTER LINE – UNIT 2 WAS WB AND WAS STRUCK ON THE DRIVERS SIDE OF VEH BY UNIT 1 – DRIVER OF UNIT 2 SUSTAINED FATAL INJURIES FROM THE ACCIDENT AND DRIVER OF UNIT 1 SUSTAINED NON-LIFE-THREATENING INJURIES – ACCIDENT REMAINS UNDER
INVESTIGATION ASSISTED BY CARROLL CO SO – CARROLL CO EMS – DEDHAM FIRE –
UNIT 1 WAS EB ON HWY 141 WEST OF OLYMPIC AVE WHEN IT LOST CONTROL ON THE
ICY ROADWAY – UNIT 1 LOST TRACTION AND CROSSED THE CENTER LINE – UNIT 2
WAS WB …
