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

By Steve Lombardi

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.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on November 20, 2008 (boomark / email).