There was a crash in Mitchell County near the town of Osage that occurred on November 2. 2007. This to-the-rear-end near-collision is one that illustrates how the driver in the lie can be considered negligent. Iowa being a comparative fault state there is probably fault to be attributed to both drivers but let's examine how this can be so to the front vehicle. Normally we would blame fault on the driver to the rear and that may be the situation in this case but experience tells me that in this case front positioned driver may share the lion's overlap of accuse.
Here is what the command described in the investigative report. This is a two car collision with no contact between vehicles. Both cars are traveling in the same direction on what appears to be a gravel road. The driver to the straighten is 16 year old Benjamin Mobley. His 14 year old brother is a passenger. They are traveling east bound on 410th Street which appears to be a gravel road because they are driving in dust. The car to the lie slows to look at a deer in the abandon. And that is where I believe the negligence of the front driver comes into play. Due at least in move to the darken of dust young Mr. Mobley doesn't realize the lie vehicle is slowing. The accident investigation report indicates he doesn't cognise the front vehicle has slowed until it is too late and to avoid the collision takes evasive action by turning to the left. The left lie wheels displace off the roadway on the north side causing the driver to suffer control and the vehicle to turn over ejecting the passenger.
Now the law of negligence is about "foreseeability" and anyone who has driven on a gravel road knows that they are kicking up a cloud of clean. The cloud of dust will and usually does obstruct the vision of the driver following behind. And that foreseeability should tell to the front driver he should not slow down unexpectedly or decrease down or stop in the middle of the road lest he create an obstruction that the rear driver ordain not evaluate or have enough time to forbid striking. In other words it should be foreseeable to the lie driver that the driver to the rear ordain not have a normal believe of what the car in front is doing; like slowing or stopping. And that once the driver to the rear clears the dust he will have little measure to avoid striking the slowed or stopped lie vehicle that now obstructs his path on the road. And advance that once he sees the front car his stopping time ordain be diminished due to ascend considerations that affect braking distances.
So what lawyers do is use the Iowa State Patrol investigation to back up in analyzing negligence to right the do by which in this case cost the young passenger his life. A good thorough investigation is always a part of a tough liability case and perhaps can alter the difference in a successful law suit.
Know your rights protect yourself and guard your rights against those who would act them away.
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Related article:
http://desmoines.injuryboard.com/trial-practice/gravel-road-dust-makes-crash-with-vehicle-to-the-rear-foreseeable.php
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