Compounding a Tragedy - Iowa Hit-And-Run Accident Fataly Injures Road Construction Worker

A recent hit-and-run accident involving a tractor-trailer and a construction worker ended in tragedy for the family of the deceased worker and criminal charges for the trucker. Authorities say that the accident occurred in Warren County in the northbound lanes of U.S. Highway 65.

According to a spokesperson with the Iowa State Patrol, the fatal accident occurred when Rubin Ward, a 46-year-old trucker from Illinois, failed to stop for Christopher Wheeler, the flagger stationed at the beginning of the construction zone. Witnesses say Ward swerved to avoid crashing into stopped vehicles and part of his trailer struck Wheeler. Police say Wheeler had no opportunity to avoid the collision and died at the scene.

Rather than stay and face the consequences of his actions, Ward instead chose to flee. Authorities say after the accident, Ward steered into a ditch and drove away from the stopped traffic. Police ended up stopping Ward several miles down Highway 65 after eyewitnesses followed his tractor-trailer in their own vehicles.

Ward is currently being held in a Warren County jail, charged with felony hit-and-run. Police say that the trucker has so far denied seeing Wheeler, something that investigators appear not to believe. According to a State Patrol spokesperson, the accident scene revealed that Ward abruptly slammed on his brakes, creating 340 feet of skid marks, something which clearly indicates that he saw Wheeler, but may have been traveling too fast to come to a complete stop.

Ward’s decision to flee the scene of the deadly Iowa construction zone accident was not only heartless, but illegal. Iowa Code Section 321.261 says that anyone involved in a car wreck has a legal obligation to remain at the scene of the accident. A refusal to stop can result in serious criminal charges. In deadly accidents, like this one, a person who leaves the scene can face Class D felony charges, resulting in license revocation, fines of up to $7,500 and five years behind bars. Beyond criminal sanctions, these drivers often face substantial civil wrongful death claims brought by loved ones of the deceased.

Experts say that deadly accidents like this one are not as rare as many people might hope. According to data collected by the Iowa Department of Transportation, there are an average five deaths and 143 serious injuries every year in accidents that take place along roadway work zones. Though those figures are already too high, nationwide an astounding 578 people died in work zone accidents last year while tens of thousands more were injured.

Roadway safety advocates say that work zone collisions are typically caused by inattentiveness or speeding. When approaching a work zone, drivers need to direct all their attention on the road in front of them. Distractions like cellphones, the radio or even other passengers can prove deadly and can place yourself, other drivers and innocent workers in the area like Christopher Wheeler in grave danger. Flaggers, construction workers and others are simply trying to do their jobs safely, it’s up to motorists to pay attention and ensure their lives are not lost.

If you or someone you know has been injured in an Iowa car, truck or motorcycle accident and you would like to discuss your case with an attorney, please contact the Iowa car accident lawyers at the Gourley, Rehkemper & Lindholm PLC today at (888) 278-1027 to schedule a free consultation.

Source: “Semi driver arrested for leaving scene of fatal Warren County crash,” by Katherine Klingseis, published at DesMoinesRegister.com.

See Our Related Blog Posts:

What does Iowa law require a person to do after an accident?

The Rear of a Rear-Ender is NOT Always at Fault

The Rear of a Rear-Ender is NOT Always at Fault

A recent tragedy on Highway 34 just east of Mount Pleasant involving a semi-truck and passenger vehicle, reported on KCCI.com, highlights the dangers of illegally operated semi-trucks as well as a common misconception among the drivers on Iowa Highways.  There is a common belief that the person at the back of a rear-end collision is always at fault.  This is not always the case.

While all motorists must maintain a proper lookout for other traffic and follow vehicles at a distance sufficient to ensure that they can bring their vehicle to a stop in a timely manner when necessary, there are circumstances where a rear vehicle may not be at fault for rear-ending another vehicle.  All motorists have the right to assume that the other drivers on the road will comply with traffic regulations.  Consequently, when a driver in forward traffic does something that is either illegal or unexpected, approaching drivers are not always able to react in enough time to avoid a collision even if they are doing absolutely nothing wrong and are being completely attentive.

Take for example the case where GRLLaw was able to obtain a substantial verdict for victims of an accident with a slow moving semi-truck.  In that case, it was proved that the semi-truck involved in that accident was actually at fault even though the plaintiff’s vehicle struck it from the rear.  This was because witnesses established that the semi-truck was initially parked illegally on the side of Highway 218 before it attempted to re-enter traffic without first ensuring that the movement could be made be made safely.  Add to that the fact that the semi-truck’s rear clearance lights were not working properly and the driver failed to signal or warn approaching traffic that she was pulling out and traveling well below the posted speed limit and one can understand how the jury found the semi-driver to be 90% at fault for the accident.

There are a number of specific legal basis for the lead vehicle in a rear-end collision to be legally liable in a rear-end collision.  They can include the following violations of Iowa’s rules of the road, among other things.

1.    Stopping on a road or highway;

2.    Unsafe starting of a stopped vehicle;

3.    Failing to maintain a proper lookout to the rear;

4.    Failure to yield to oncoming traffic;

5.    Illegally stopping on the side of a highway;

6.    Driving too slowly;

7.    Improper lighting;

8.    Unsafe stopping or sudden slowing of a vehicle;

9.    Failure to signal intent to stop or slow;

10. Failure to signal an intent to turn;

11. Failure to use emergency signals (“Flashers”) when necessary.

Many of these problems are made even worse when lead vehicles commit these traffic violations at night or in areas with poor forward visibility. Obviously, motorists cannot avoid what they cannot see in a timely manner.  Consequently, the rear vehicle is not always at fault for a rear-end collision.  Always keep in mind that there are circumstances where accidents are caused due to the negligence of the lead vehicle.  A thorough investigation must always be conducted before an accurate conclusion can be made.  Don’t make the mistake of thinking that just because a vehicle hit another vehicle from the rear that the rear vehicle must be at fault.  The law and science may prove otherwise.

Have a SAFE and Happy Independence Day!