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Updated: Jack McCaffery Found Guilty In Fatal Pedestrian Crash

If you are familiar with where the accident took place and factor into the equation that McCaffrey was driving in the left lane and someone driving in the right lane stopped and waved the jogger into the crosswalk. From what has been described to me, McCaffrey never saw the jogger because of how the vehicle in the right lane was positioned and the jogger failed to see McCaffrey's vehicle approaching.

A convergence of truly unfortunate circumstances but, from a criminal charging perspective, I'm not sure that charging McCaffrey with anything other than a misdemeanor failure to yield would be warranted.
Correct. One should never ever go with two lanes of traffic with one car stopped and waving on. You wait for the traffic light or until its completely clear. My not yet wife did this driving, was waiting to turn across two lanes of traffic and one car stopped waved her through and she went, well a car in the second lane wasn't stopping and t-boned her and it was not that driver's fault. Never go. Always wait.
 
If traffic had the green light, traffic (Jack) would have the right of way. Not familiar with this intersection, but my assumption is that it is not a lighted (traffic signals) intersection.
Not a lighted intersection and no stop sign from what I can see on google, just a yield to pedestrians sign and a crosswalk. Pedestrians always have the right of way in a crosswalk but sounds like that intersection could use a stop sign. As someone who walks my dogs all over I wouldn't have tried to cross til the coast was clear, never trust the wave....I give the 'no, you go first' to drivers who are trying to be courteous all the time.

If I'm off on any of this please correct me, locals
 
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If you are familiar with where the accident took placeand you have to stop. Otherwise it's just useless. and factor into the equation that McCaffrey was driving in the left lane and someone driving in the right lane stopped and waved the jogger into the crosswalk. From what has been described to me, McCaffrey never saw the jogger because of how the vehicle in the right lane was positioned and the jogger failed to see McCaffrey's vehicle approaching.

A convergence of truly unfortunate circumstances but, from a criminal charging perspective, I'm not sure that charging McCaffrey with anything other than a misdemeanor failure to yield would be warranted.
What I heard is driver was turning left from the left lane, Jack was in the right lane with no reason to slow/stop. That intersection, and any like it sucks. Ped Xing sign, no flashing light, 4 divided lanes, 35 mph where everyone is 5 to 10 mph over.

Bottom line- If Iowa or county or ciry has a Ped Xing, you have to have flashing lights
 
Not a lighted intersection and no stop sign from what I can see on google, just a yield to pedestrians sign and a crosswalk. Pedestrians always have the right of way in a crosswalk but sounds like that intersection could use a stop sign. As someone who walks my dogs all over I wouldn't have tried to cross til the coast was clear, never trust the wave....I give the 'no, you go first' to drivers who are trying to be courteous all the time.

If I'm off on any of this please correct me, locals
See my post below (#46).
 
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See my post below
Huh, thats the first I've heard he was in right lane but just a tough situation all around. I wonder if they will make changes to the intersection. My nephew is his age, hopefully my sister and BIL can turn this into a teachable moment
 
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I too can only go by reports after the fact, as I was not present on the scene. BUT...my understanding is that this was in fact an accident and was not brought to bear by any recklessness, etc, on behalf of the driver.

I too would have been very vulnerable to hitting a pedestrian in that same scenario...as would virtually every other driver in the universe. Tragic outcome no doubt...but the outcome doesn't necessarily mean that the driver was overtly doing something wrong.
Not being careful enough is not a crime on jacks part but it did get a person killed
 
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What I heard is driver was turning left from the left lane, Jack was in the right lane with no reason to slow/stop. That intersection, and any like it sucks. Ped Xing sign, no flashing light, 4 divided lanes, 35 mph where everyone is 5 to 10 mph over.

Bottom line- If Iowa or county or ciry has a Ped Xing, you have to have flashing lights
That doesn't sound right. If it occurred after school they would have been west bound and the is no left hand turn at Kennedy Parkway, unless someone is thinking U turn...

I thought it occurred at the entrance to Walnut Ridge ( Kennedy Parkway ), if so there is no south street as they are offset by 100 yards or so...
 
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Not being careful enough is not a crime on jacks part but it did get a person killed
Yes, again it is a real tragedy. But it is also true that someone ran into the oncoming traffic and to be Captain Obvious...that can also get a person hurt/killed. Both things are true here.

Even though he was reportedly "waved" through by one of the drivers on the scene, the decision to run across the road there without looking is quite dangerous.
 
Activity Detail

Dispatch Number

23079925

Dispatch Time

5/22/2023 4:15:00 PM

Incident Number

2023004078

Activity

MVA/PERSONAL INJURY ACCIDENT

Disposition

INCIDENT REPORT TAKEN

Location

Location Address

Melrose Ave/Galway Dr

Sub Zone

GALAWAY HILLS

Details

COMP HIT A MALE WITH HIS CAR
 
That doesn't sound right. If it occurred after school they would have been west bound and the is no left hand turn at Kennedy Parkway, unless someone is thinking U turn...

I thought it occurred at the entrance to Walnut Ridge ( Kennedy Parkway ), if so there is no south street as they are offset by 100 yards or so...
You are correct sir.
 
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Activity Detail

Dispatch Number

23079925

Dispatch Time

5/22/2023 4:15:00 PM

Incident Number

2023004078

Activity

MVA/PERSONAL INJURY ACCIDENT

Disposition

INCIDENT REPORT TAKEN

Location

Location Address

Melrose Ave/Galway Dr

Sub Zone

GALAWAY HILLS

Details

COMP HIT A MALE WITH HIS CAR
Galway would be across the road on Melrose, from Kennedy and Walnut Ridge. The only way to intersect Galway would be going towards West High on Melrose, as in heading east into town. I thought this happened on Kennedy. Odd.
 
How do you not see another car barreling down the road when crossing a 4 way? Head should've been on a swivel. Maybe he had a bad day and mind was elsewhere.
 
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Not a lighted intersection and no stop sign from what I can see on google, just a yield to pedestrians sign and a crosswalk. Pedestrians always have the right of way in a crosswalk but sounds like that intersection could use a stop sign. As someone who walks my dogs all over I wouldn't have tried to cross til the coast was clear, never trust the wave....I give the 'no, you go first' to drivers who are trying to be courteous all the time.

If I'm off on any of this please correct me, locals

I’ll just say that traffic has the right of way at an intersection with traffic lights (green light) and/or presumably DO NOT WALK signals. But yeah, anything else the pedestrians have the right of way.

It always seemed weird to me, that would almost be like giving cars the right of way at train crossings.


Still a very sad and unfortunate event that will forever change many people’s lives in a split second.
 
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Galway would be across the road on Melrose, from Kennedy and Walnut Ridge. The only way to intersect Galway would be going towards West High on Melrose, as in heading east into town. I thought this happened on Kennedy. Odd.
It definitely happened heading west, just prior to the Kennedy turn. I assume Galway is only mentioned because that's the street sign they happened to look at when calling it in from the median.

Whoever mentioned they heard Jack was in the right lane and the other driver was turning left is mistaken. That's literally not possible.
 
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It definitely happened heading west, just prior to the Kennedy turn. I assume Galway is only mentioned because that's the street sign they happened to look at when calling it in from the median.

Whoever mentioned they heard Jack was in the right lane and the other driver was turning left is mistaken. That's literally not possible.
Thanks for the clarification.
 
It definitely happened heading west, just prior to the Kennedy turn. I assume Galway is only mentioned because that's the street sign they happened to look at when calling it in from the median.

Whoever mentioned they heard Jack was in the right lane and the other driver was turning left is mistaken. That's literally not possible.
Yes, it's entirely possible.
 
There is a cross walk and another driver has slowed...that is red flag to slow down if you are in left lane. The original story was Jack was trailing the slowing/stopping car that chose to yield to the pedestrian and chose to pass---if that is true, that is even greater degree of carelessness.

Why wouldn’t it be a reasonable conclusion that the driver in the right lane was slowing to turn right onto Kennedy?

If I had a dime for every time that I’ve seen someone turn right at an intersection without activating a turn signal …

There have been thousands of times when I’ve been in the right lane following a car. That car begins to slow as it approaches an intersection. My first thought is not “this car is probably going to stop to let a pedestrian pass,” my first thought is “this car is going to turn right.”

Also entirely possible that a reasonable driver could consider that the vehicle in the right lane stopped not to wave a pedestrian across Melrose but was waiting for a pedestrian to cross Kennedy so the driver could turn right into Kennedy.

Keep in mind, the pedestrian has the right of way only after entering the crosswalk. The car that stopped and waved him on didn’t have to yield. Sounds like the pedestrian/jogger was waiting for traffic to pass before entering the crosswalk but was encouraged to cross Melrose by the driver who stopped and waved him on. That driver stopped for no reason and put into motion a series of really unfortunate events.

Tough gig all the way around.
 
I was almost hit by a car walking my dogs. Car actually went up the curb.

Never again went on streets or sidewalks. I go to parks or around golf courses.
 
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That is why you don't cross the street with ANY traffic coming in either direction.
See it all the time when I run, I wave everyone on and go once they've passed.
I agree. I've seen too many close calls while walking, biking, and even driving. It's really a bad situation if neither parties saw each other. A good intention with a bad result.

Trying to be Iowa nice, but they need to not do it.
I don't think it's exclusive to just Iowa. I've seen it a bunch of places. It's also kind of a college town culture to stop and wave on pedestrians. People got hit a lot in Corvallis, but the culture is to just expect cars to stop for you, but they don't stop if they don't see you.
 
I'm sure the accident investigation involved estimating the speed of the vehicle. Considering he was only charged with failure to yield and not with speeding hopefully means excessive speed was not involved, or perhaps could not be determined.

Definitely a tragic situation for those involved.
 
Huh, thats the first I've heard he was in right lane but just a tough situation all around. I wonder if they will make changes to the intersection. My nephew is his age, hopefully my sister and BIL can turn this into a teachable moment

another thing that happens too often: being on the interstate, traveling at 70+ mph in the far right lane, where it's not well lit and you suddenly approach/pass a stranded car sitting too close to the road with no flashing lights on. If a driver is distracted, sleepy, etc, and strays just slightly to the right, it would be easy to hit that car....don't want to think how that crash ends up....
 
That is why you don't cross the street with ANY traffic coming in either direction.
See it all the time when I run, I wave everyone on and go once they've passed.
not many people mentioning this, but as a runner i'm always worried/careful about crossing busy streets. even IF someone slows to wave me through, i'm overly cautious of the other lanes that maybe that driver doesn't notice. a significant portion of blame would have to fall on the runner himself sadly.
 
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The majority of drivers rarely consider the potential for pedestrians to be in or entering a crosswalk. I walk/run miles most days so I encounter these situations many times every day. Some folks slow down and allow you to cross. Most just keep driving. I've had some try to kill me while laying on the horn at the person who slowed to allow the crossing.

As with most things in life, the behavior is generally dictated by one's own experiences. People like me are fully cognizant of the need to be aware of your surroundings while driving because I'm always on the other end of that situation. People who rarely walk/run in urban areas, along with younger less experienced drivers, have much less awareness, and tend to be the ones involved in these kinds of incidents. Jack was wrong, and unfortunately his mistake cost a life and forever altered his own. With that said, I doubt he ever passes a stopped vehicle while approaching a crosswalk without extreme caution going forward.
 
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People waving on pedestrians and traffic on a 4 lane street is dangerous AF and wish people would stop doing it. Be predictable before being polite.


Being Iowa Nice can kill. If the pedestrian is standing and waiting on the sidewalk proceed as normal, and quit directing people into moving traffic and putting them into deadly situations. I blame the other driver in this situation more than Jack for that man’s death.
 
Being Iowa Nice can kill. If the pedestrian is standing and waiting on the sidewalk proceed as normal, and quit directing people into moving traffic and putting them into deadly situations. I blame the other driver in this situation more than Jack for that man’s death.
Yeah its tough, because even if its clear at the time he's waving, what does the driver do once he sees someone approaching from the rear? Once you've told the pedestrian to go, its even more difficult to get them to stop.
 
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Another risky situation is making a left turn from a left turn lane when a vehicle is in the left turn lane from the opposite direction, lights both ways are green but vehicles in the left turn lanes can prevent seeing a vehicle traveling in the lane to the right of the left turn lane.
 
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Yes, it's entirely possible.
What are you talking about? It is not possible that someone was turning left and Jack was in the right lane, as the poster was saying.

There is literally no street to turn left onto. And it's not possible this occurred at the Galway turn because there's no pedestrian crossing there.
 
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I don’t necessarily want Jack to be punished more harshly as people make mistakes, BUT, failing to yield that resulted in a death seems…well…A Lot more serious!
Today with more prevalence of bike trails, there a more cross walks with yield signs that activate when pushed, telling motorists they have to yield. Crosswalks are solely to designate where pedestrians can cross, not that the pedestrian rules the road just because they are there, unless so noted that the motorist must yield. That being said, too many "nice" drivers will stop, which is not necessarily the proper thing to do. They should simply proceed which allows the pedestrian to cross when it is clear. This incident clearly put another motorist at a disadvantage, not seeing that there was a pedestrian about to enter his path.
 
Today with more prevalence of bike trails, there a more cross walks with yield signs that activate when pushed, telling motorists they have to yield. Crosswalks are solely to designate where pedestrians can cross, not that the pedestrian rules the road just because they are there, unless so noted that the motorist must yield. That being said, too many "nice" drivers will stop, which is not necessarily the proper thing to do. They should simply proceed which allows the pedestrian to cross when it is clear. This incident clearly put another motorist at a disadvantage, not seeing that there was a pedestrian about to enter his path.
Very well said. Again I say to those who are focusing on the fact that he did not yield...while he technically did not yield...he did not yield because he wasn't able to SEE the jogger.

A nice person that stops on a multi-lane road to wave someone across multiple lanes of traffic is actually setting a trap for the pedestrian AND the other nearby drivers who cannot see what the "waver" can see.
 
I assume you can't charge the other driver with anything, since they were not responsible for what another driver did. They have to live with it too, maybe moreso. Fortunately for him or her, their name has never come out. Just incredibly sad.
Not 100% sure, but I've always been told that in Missouri, if you wave someone to proceed, and there is an accident, the waiver has some liability. Maybe someone has better knowledge. Not sure in Iowa. In any case, I don't think it's smart to waive someone into traffic.
 
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