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Large commercial vehicles like dump trucks can be difficult to control in inclement weather. However, it is still the responsibility of the driver to be careful and avoid causing any accidents, otherwise they risk being hit with a lawsuit.
Local police responded to an accident where a 50 year old man from Cedar Rapids was killed by a dump truck as he was walking through downtown Des Moines.
Driver hits pedestrian on snowy roads
They believe that the 71 year old male who was driving the truck was on Grand Ave when the accident happened. He was in the process of turning onto 8th Street when he hit the victim in the crosswalk. The victim was immediately transported to a local hospital with serious injuries, but the local news reported that he had died shortly afterward. Pictures from the scene show the area covered with snow, and more was continuing to fall in the area, but it is unknown whether the weather was a factor in the crash.
Police said that they do plan on charging the driver with failure to yield, and that the charges will be enhanced because the victim died from the collision. They were still in the process of doing a full investigation when the news report was released.
Wrongful death lawsuits and fatal accidents
Because the pedestrian died from his injuries, his family can file a wrongful death lawsuit on his behalf after the truck accident. Iowa has a wrongful death statute that outlines the rules for these kinds of lawsuits, as they are slightly different from other injury cases.
This law says that any money recovered can be distributed to certain surviving family members as personal property through the deceased person’s estate. The civil wrongful death action can be brought if there are separate criminal charges, or in situations where the person responsible was not charged at all. The people who can file this claim are limited to the person handling the estate of the dead person, their spouse, or their minor children.
There is a two year statute of limitations on wrongful death claims in Iowa, which makes it very important to bring the case shortly after the incident.
Calculating damages
In all personal injury and wrongful death cases, damages are available to compensate the victim for their losses. These are related to costs of medical treatment, lost wages, and possibly even non-economic damages tied to emotional pain and trauma. It is important to speak with a lawyer to get an estimate of exactly how much your case may be worth.
Get assistance from a local personal injury attorney
There are lawyers who assist clients in Cedar Rapids and nearby parts of Iowa. Eells and Tronvold Law Offices are available to provide a free case evaluation.
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