Morrill County, NE — November 12, 2024, Kim Wills was killed in a truck accident at about 2:30 p.m. on southbound U.S. Route 385.

Authorities said a Ford F-150 was stopped for cattle crossing the road when it was hit by a 2020 Chevrolet Express delivery van.

Ford driver Kim Wills, 65, of Alliance died after being transported to a local hospital after the crash, according to authorities.

Authorities said the delivery van driver was charged with motor vehicle homicide and careless driving.

Commentary by Attorney Michael Grossman

Anytime I see a report where a vehicle is stopped on the road — especially for something as obvious and expected as a cattle crossing — and still gets hit from behind, the legal questions practically jump off the page. In this case, the authorities have already filed charges against the delivery van driver, which tells me they believe there’s clear evidence of negligence. But from a legal perspective, I think it’s worth breaking down what likely led to those charges and what investigators would have needed to prove.

First, there’s the matter of driver awareness. The rules of the road are clear: drivers must maintain a safe following distance and be ready to stop for any hazards ahead, including stopped traffic. That means watching the road, scanning for brake lights and driving at a speed that allows enough time to react. When someone fails to stop for a vehicle waiting at a known crossing point — especially in daylight hours — it usually means they weren’t paying attention. That could be due to distraction, fatigue or just plain carelessness.

It’s no surprise that authorities chose to charge the van driver here. But I’d be curious to know whether they obtained cell phone records, in-cab video footage or other forms of data that could tell us what was happening in the moments before the crash. In my experience, rear-end collisions that seem "unexplainable" at first often become very clear once that information is brought to light.

There’s also the issue of the vehicle itself. Was the van in good working order? Were the brakes functioning properly? Did the driver have a clear line of sight to the vehicle ahead? These are all basic — but essential — questions that need to be answered to fully understand how this crash could have happened. In some cases I’ve worked on, a faulty braking system or a poorly secured load inside the vehicle contributed to a rear-end crash, even when the driver technically applied the brakes in time.

In the end, while criminal charges might signal a sense of accountability, they don’t automatically mean that every question has been answered. A full investigation should still look at all the contributing factors — from driver behavior to vehicle condition — to ensure that no part of the truth is left uncovered. That’s how we make sure the right lessons are learned from a crash like this, and the right people are held accountable.