Personal Injury Law

Is inattention ever a viable excuse under the law?

By Steve Lombardi

Two people were sent to the hospital after a collision on Old Lincoln Highway. The driver following says to the Iowa State Trooper that he didn't notice brake lights when the pick-up truck in front of him slowed to turn into a driveway.

So you ask yourself, is that excuse good enough to avoid liability? Well ask yourself first if you were the person whose pick-up truck was hit from behind, would the excuse offered by the guy behind you be good enough to make you think he should be excused. Well the law thinks the same way. No way. Remember the driver has a duty to drive using due care and while maintaining a proper lookout. You don't get an excuse for nodding off or ignoring the obvious. You are required to anticipate that which is normal and someone in front of you putting on the brakes is a normal occurrence.

So see what you should see and don't make excuses for not seeing what you should normally anticipate.

Full post as published by Des Moines Personal Injury Lawyer on January 22, 2008 (boomark / email).