Personal Injury Law

Passing on the shoulder in rural Iowa requires reducing one's speed

By Steve Lombardi

On July 8th 2009 Daniel Kult was heading South of Timber Ave. when he attempted to pass another Southbound vehicle on the left shoulder, when he tried to bring his vehicle back onto the road he lost control and slid across both lanes of traffic and rolled several times before coming to rest in a residential yard. The passenger in his vehicle, 16 year old Casey Stork of Coon Rapids, died as a result of the injuries suffered from the crash caused by Mr. Kult. Mr. Kult was driving with an intermediate license and both had to be extricated by mechanical means.

Passing on the right is never a good idea if not done with extreme caution. It should be done at a very slow speed. Passing on the left, where you need to use the shoulder is also a lousy idea, especially when attempting it at a high rate of speed. Shoulders aren't like hard road surfaces and coming back onto the roadway is another problem, due in part to the lip of the hard road bed.

Attempting it with a passenger can expose the driver and owner to liability for any damages or injuries the passenger suffers. In this case the driver for whatever reason felt compelled to pass just before the intersection. He attempted it on the left but had to go off the shoulder to do so; why is not answered. Perhaps there was a reason but the ISP report doesn't make it clear, if there was such a reason. If you have to drive off the roadway, on the right or the left, you need to slow way down and that's not something you should be doing when attempting to pass another vehicle. The Kult controlled vehicle rolled several times indicating his speed was a pretty good clip.

Just slow it down.

Full post as published by Des Moines Personal Injury Lawyer on July 27, 2009 (boomark / email).