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Driver Safety: Failing to yield the ROW, kills one driver and injures anothers on I-35 southbound, Ames, Iowa

By Steve Lombardi

Garrett Chitty, 17, tried entering I-35 southbound where little room existed, stuck another truck being driven by Lewis Thomas of Cleveland, Ohio. Thomas' truck moved over to the left striking another truck driven by Gary Parsons, 51 or Deposit, N.Y. Unfortunately for Parsons his truck turned on its side onto the guardrail and he was killed.

A photograph of the truck is at the news site, Ames Tribune, Ames, Iowa.

Parson's and Thomas are entitled under Iowa law to workers' compensation benefits. If Thomas has dependents, a wife or children, they too will be entitled to receive benefits. The wife can receive lifetime workers' compensation benefits or the children benefits so long as they are receiving an undergraduate education. Lombardi Law Firm handles these types of cases. The wife can get these benefits commuted to a lump sum.

In addition each are entitled to pursue a claim against the other driver, Chitty for improperly attempting to enter the highway.

UNIT 1 ENTERING SB 35 FROM WB 30 UNIT 2 WAS SB ON 35 OUTSIDE LANE UNIT 3 SB 35 INSIDE LANE UNIT 1 ENTERED SB 35 AND LEFT SIDE OF UNIT 1 STRUCK UNIT 2 THEN LEFT SIDE OF TRAILER STRUCK UNIT 3 UNIT 3 LEFT THE ROAD THROUGH THE GUARDRAIL AND ROLLED OVER COMING TO REST ON THE GUIDEWIRE ON WB HWY 30.

For additional information check out the Iowa Drivers' License Manual concerning entering the interstate from a ramp. I'm not sure it's as clear as I would like to see it. But common sense tells us that thinking an 18-wheeler can somehow suddenly move over and out of the way of a small car makes no sense. Truckers have a tough time with wind and the size of the rig along with crazy drivers doing the unexpected. Give the trucker a break and slow down, allow them to pass and then merge into traffic on the interstate. The message in this case seems to be that 17-year-olds and 18-wheelers don't mix well.

Interstate Driving

Multi-lane highways or freeways with limited access are a way of life. They help you get across the state or across the country. In the larger cities, they even help you get across town. Freeways have fewer accidents per mile than other roads, but the accidents they do have are generally more serious. These accidents are usually caused by drivers failing to yield, or drivers who did not keep a safe distance at the higher speeds.

Entering Traffic

When you merge with traffic, be sure to signal well in advance and try to enter at the same speed that traffic is moving. Do not try to merge into a gap that is too small. A small gap can quickly become even smaller. Enter a gap that gives you a big enough space cushion to be safe. High-speed roadways generally have ramps to give you time to build up your speed. Use the ramp to reach the speed of other vehicles before you pull onto the road. Do not drive to the end of the ramp and stop. This will not leave you enough room to get up to the speed of traffic. Watch for vehicles coming up behind you; they may not realize you are going slower. Also, drivers behind you will not expect you to stop. If you are watching the traffic on the main road, you may be hit from the rear. If you have to wait for space to enter a roadway, slow down on the ramp so you have some room to speed up before you have to merge. Be prepared for vehicles in front of you on the ramp to slow down.

Iowa workers' compensation act provides for death benefits to dependents. Dependents can be a widow, widower or minor child. Upon graduation from high school children remain eligible for four more years while they attend an accredited junior college, college, university or training school. So training at WyoTech or Universal Technical Institute or a community college like DMACC will qualify a student to continue to receive benefits. The important point is to get training and an education to better yourself.

Death Benefits (85.28, 85.31, 85.42, 85.43, 85.44)

Death benefits are payable to the dependents of the employee. Benefits are first payable to the surviving spouse for life or until remarriage. Dependent children are entitled to the benefits until they reach age 18, or age 25 if they are actually dependent. Others may qualify, if there is a showing of actual dependency. Upon remarriage, if there are no dependent children, the surviving spouse is entitled to a two-year lump sum settlement. Burial expenses not to exceed twelve times the statewide average weekly wage in effect at the time of death are paid in addition to the weekly death benefits.

Division of Vocational Rehabilitation Services
510 E. 12th St.
Des Moines, IA 50319
1-800-532-1486
In Des Moines area call 281-4211

Get answers to your questions, seek competent legal advice. Call us with questions.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on April 14, 2009 (boomark / email).