Dump truck collides with pedestrian in Iowa

Iowa City, IA – Pedestrians are always at risk of being harmed when they are walking on or near major roads. If a person is hurt or killed by a driver, there can be various types of liability under Iowa law. 

Pedestrian gets in the path of a dump truck

On May 25, 2021, a pedestrian was killed in Central Iowa after stepping into the path of a dump truck on Highway 163 in Pleasant Hill [1]. The incident occurred in the afternoon, around 3:20 p.m., and shut down the westbound lanes of the highway for several hours as investigators worked to piece together what had happened.

According to authorities, the victim was a male in his 30s who had been walking along the side of the highway before stepping out into the path of the dump truck. The driver of the truck, who was not injured in the incident, reportedly tried to swerve to avoid hitting the pedestrian but was unable to do so.

Police are still investigating the incident, but initial reports suggest that the pedestrian may have been distracted or otherwise not paying attention when he stepped out into the road. The driver of the truck has not been charged with any wrongdoing at this time.

The incident serves as a tragic reminder of the dangers that pedestrians face when walking along busy highways and roadways. It also underscores the importance of remaining vigilant and aware of one’s surroundings, especially when walking in areas with heavy traffic.

According to the National Highway Traffic Safety Administration, there were 6,283 pedestrian fatalities in the United States in 2018, the most recent year for which data is available. This represents a 3.4% increase from the previous year and the highest number of pedestrian fatalities since 1990.

Experts say that there are several factors contributing to the rise in pedestrian fatalities, including distracted driving, increased speed limits, and a lack of infrastructure designed to protect pedestrians. Pedestrians themselves may also contribute to the problem by engaging in risky behaviors, such as walking while distracted or failing to use designated crosswalks.

To address the issue of pedestrian safety, experts recommend a multi-faceted approach that includes improving infrastructure, increasing education and awareness campaigns, and enforcing traffic laws more strictly. Some communities have also implemented innovative solutions, such as building pedestrian bridges and tunnels or creating dedicated pedestrian zones in urban areas.

Ultimately, the goal is to create a safer environment for all road users, including pedestrians, cyclists, and motorists. This requires a commitment from individuals, communities, and policymakers to work together to identify and address the root causes of pedestrian accidents and fatalities.

In the case of the pedestrian killed on Highway 163, it is unclear at this time what factors may have contributed to the tragic incident. However, the incident serves as a stark reminder of the importance of staying alert and aware while walking along busy roadways and of the need for continued efforts to improve pedestrian safety in our communities.

Iowa wrongful death laws and motor vehicle crashes

In Iowa, as in many states, the law recognizes that a person or entity may be held liable for a wrongful death caused by the operation of a commercial vehicle. This liability may arise under a number of different legal theories, including negligence, vicarious liability, and strict liability. In this article, we will explore some of the key concepts and legal principles involved in determining liability for a wrongful death caused by a commercial vehicle in Iowa.

First and foremost, it is important to understand what we mean by the term “commercial vehicle.” In general, a commercial vehicle is any motor vehicle that is used for business or commercial purposes. This can include everything from delivery trucks and buses to taxis and limousines. Commercial vehicles are subject to a higher degree of regulation and oversight than personal vehicles, and their drivers are held to a higher standard of care.

When a wrongful death occurs as a result of the operation of a commercial vehicle, the first question that must be answered is who is responsible for the accident. In many cases, this will be the driver of the vehicle. If the driver was negligent in some way – for example, by speeding, running a red light, or driving while under the influence of drugs or alcohol – then he or she may be held liable for the victim’s death.

However, the driver is not always the only party who may be held liable. In some cases, the owner of the commercial vehicle may also be responsible. This is known as vicarious liability, and it arises when the owner of a vehicle is held responsible for the actions of the driver. For example, if a delivery truck driver causes a fatal accident while making a delivery, the company that owns the truck may be held liable for the victim’s death.

In addition to negligence and vicarious liability, another legal theory that may come into play in a wrongful death case involving a commercial vehicle is strict liability. Strict liability is a legal principle that holds a person or entity responsible for harm caused by their actions, regardless of whether or not they were negligent. In the context of a commercial vehicle accident, strict liability might apply if the vehicle was defectively designed or manufactured, or if it was not properly maintained or repaired.

Determining liability in a wrongful death case involving a commercial vehicle can be a complex and challenging process. It may involve conducting an investigation into the cause of the accident, interviewing witnesses, and gathering evidence to support the victim’s claim. In addition, there may be multiple parties involved in the case, each with their own lawyers and insurance companies.

If you have lost a loved one in a commercial vehicle accident in Iowa, it is important to consult with an experienced personal injury lawyer who can help you understand your legal rights and options. Your lawyer can work with you to investigate the accident, identify potential sources of liability, and pursue compensation on your behalf. This may include compensation for medical expenses, funeral and burial costs, lost income, and pain and suffering.

In conclusion, liability for a wrongful death caused by a commercial vehicle in Iowa can be complex and multifaceted. It may involve multiple parties, legal theories, and sources of evidence. However, with the help of an experienced personal injury lawyer, you can navigate the legal system and pursue justice for your loved one’s untimely death. By holding those responsible accountable, you may be able to obtain the compensation you need to begin the process of healing and moving forward with your life.

Advice following an accident in Iowa

Eells and Tronvold Law Offices is a firm that handles injury and accident cases throughout the state of Iowa.

USAttorneys.com is available to provide legal referrals to anyone who calls 800-672-3103 for assistance. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com

Sources:

1. https://www.desmoinesregister.com/story/news/crime-and-courts/2021/05/25/central-iowa-pedestrian-killed-after-stepping-into-dump-truck-highway-163-pleasant-hill/7431605002/