Personal Injury Law

Distracted or Drinking and Driving Crash Kills Again

By Steve Lombardi

A September 14, 2009 crash in Allamakee County, Iowa at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch and rolled. While on Suttle Creek Road, Northwest of Monona, the driver of the Toyota Tundra, 21 year old Chad Feller from Prairie Du Chien, Wisconsin, lost control of the car while on a curve. The car ran into a ditch and rolled over, killing one of the passengers, David Kirschbaum, age 27, also from Prairie Du Chien, according to the Iowa State Patrol. The driver and the other passengers, Ariel Fitzgibbon age 22, from Boscobel, WI, and Samantha Olson age 18, her residence is unknown, were all injured. State Patrol said all riders were not wearing seatbelts, though it's unknown whether Ms. Olson was wearing one. All were transported to their local hospitals.

UPDATE: 09.09.17

Further reports from the Iowa State Patrol that the driver, Chad Feller did receive blood tests and was allegedly driving under the influence. All occupants were not wearing seat belts except for Samantha Olson and Ariel Fitzgibbon. Both Olson and Fitzgibbon are incapacitated. Feller has four possible injuries. David Kirschbaum was thrown from the vehicle out of the side window and killed.

Under Iowa law, passengers even though from another State, these being from Wisconsin, have a claim for personal injury types of damages. The tough part of settling this type of case is usually there isn't enough insurance coverage for all the passenger injuries. In other words there are too many people injured for the amount of insurance coverage the driver carries. In that instance it's necessary to file claims with the passenger's own auto insurance carrier. That type of insurance is in Iowa underinsured motorist coverage.

What's important for each person filing a claim is to not discuss their case with anyone including the insurance adjusters who will attempt to establish a defense that precludes a claim, even by the passengers.

Full post as published by Des Moines Personal Injury Lawyer on September 20, 2009 (boomark / email).