Lawyer weighs in on protester struck by truck during protest

Published: Jun. 25, 2022 at 9:10 PM CDT
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CEDAR RAPIDS, Iowa (KCRG) - Police said a group of protesters was crossing Second Street SE along Eighth Avenue SE legally; then the light changed, which gave the right-of-way to the truck driver.

That’s when police said an altercation happened between the driver and one of the protesters. Darin Luneckas, a personal injury attorney at Luneckas Law, said a portion of the so-called “Back the Blue” law passed last year could play a role. Part of the law gives immunity to drivers if they are safely trying to maneuver through protestors.

“The video I’ve seen indicates that he was operating in a manner that was fairly slow and cautious,” Luneckas said. “If that’s all the potential jury has to see in a civil liability claim, then I believe that particular statute would give the judge ground not to let the case even go forward. Or the jury would be allowed to get a jury instruction, and if the jury finds that he’s operating with care, he’ll be completely absolved with any civil liability.”

Luneckas said one point of liability was if the driver could be charged for leaving the scene of an accident. At this time, no charges have been filed.

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