Watch for Winter Driving Conditions - Fatal Accidents on Iowa’s Highways for November 16, 2012

Fatal Accident Reports for Iowa’s Highways as of November 16, 2012

What you miss when texting while driving

A car traveling 55 mph will travel the length of a football field including end zones in 6 seconds. A texter will miss 4.8 seconds while distracted.

Motorcycles - Driver who was charged with texting and driving reportedly pleads

Motorcycles - I’ve covered this accident and many more of a similar nature; texting while driving is not a good idea. When lawyers read about these cases,

Texting and What Can Go Bad

Here is an interesting story with a very sad ending. This story is about a hit-n-run accident involving a truck, a motorcyclist that was seriously injured and a

Drunk Driver Car Accidents – Are the passengers and pedestrians at fault?

Can pedestrians and passengers be at fault when the driver is drunk or do I get compensation either way? The answer depends on the facts of your case. Why?

Drunk Driving Charge Leads Homicide By Vehicle Charge

Iowa Drunk Driver and Car Accident Legal Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com.

Stop calling accident participants "victims".

Drinking, driving and college life; you too can end up a casualty. Steve Lombardi, 515-222-1110 or sdlombardi. Read The Verdict.

Duty to stop driving – falling asleep at the wheel.

The duty every driver has to discontinue driving when you are falling asleep. If you’re falling asleep at the wheel then you are not driving with due care.

If a driver on a U.S. Highway falls asleep can he be liable for the death he causes?

I’ve had the experience of taking a class where the assignment was to write your own obituary. In other words write out what you want other people to say about you at your own funeral. I believe Mr. Payetta understood the meaning of touching other people’s lives. What a nice looking family. I’m not sure how anyone gets over something like this. The photograph shows a wife and another child left behind to grieve and search for answers. I appreciate that when father’s die at a young age no answer is good enough or satisfied the hollowness that never seems to go away. With some tragedy there is no good answer.

Bikes, motorcycles and pedestrian car accidents

Motorists need to get a reality check about the time of year it is and that they will be sharing the road with people driving less noticeable types of vehicles. Remember its spring and that means motorists are now sharing the road with pedestrians, motorcyclists and cyclists. This week we’ve had several accidents involving all three.

Texting While Driving - A Deadly Combination

The drivers who are texting might want to know what happens after the lawsuit is filed. The lawyers start asking a lot of questions about cell phone use and demanding records from the driver. The focus is for the cell phone records and if you don’t have them they subpoena the monthly billing statement from your cell phone carrier.

Driving Distractions Can Be Deadly

Today's blog is all about roadway safety and how negligence creeps into driving habits. We don't' have all the facts but my guess is human nature being what it is common sense will tell us more than most drivers' will admit to. Distractions in the driver's seat cause the driver not to pay attention to what is going on around them in traffic or on the roadway. Because you're getting away with it Monday, Tuesday and Wednesday doesn't mean Thursday won't be the day you cause a major accident. Allowing distractions to hamper your driving attention is like gambling and unless or until you have a near-miss most drivers won't wake up until it's too late. So do yourself a favor and put down the cell phone and pay attention to what you're doing.

Why would the Iowa House vote to ban texting while driving for only teens?

The Iowa Senate put the House in its place quickly, very quickly, said “NO” to the House version of the texting while driving ban, which was written only for teens. In essence the Senate said, “Are you serious? Get real and stop wasting our time.”

Drunk Driving and the Punitive Nature of the Law

Driving impaired is a crime and will normally result in the filing of criminal charges. When death results the penalties can be severe. It's the same in the world of civil litigation. When the actions that lead to the accident might lead to a criminal charge that doesn’t preclude a civil action for money damages; in fact it often enhances the monetary damages that can be awarded. In many instances it simply adds to the types of compensation available to those injured. In this case punitive damages may be available along with the $150,000 civil penalty applied in cases where death results from drunk driving.

In law what is the last clear chance doctrine?

Even thought the Iowa Supreme Court held the last clear chance doctrine was eliminated as a separate instruction with the adoption of comparative fault, a weighing of what each driver did and didn’t do must be considered in determining who was negligent. So if that lady driving and cell phoning isn’t looking at what is clearly and obviously in her view isn’t she comparatively negligent? I think so. In this instance if we’d crashed, and we didn’t, I would have asked her for her cell phone number and told her right there that had she not been distracted with her cell phone conversation there would not have been a collision. Common sense tells us you can't see what you're not looking for. You can't see when you're not looking. Another day I'm going to cover why that left arm to your head makes it reasonably likely some day you're going to crash.

Texting while driving, a broken hip and delayed start at ISU.

Imagine you’re 16-years old, driving east on Highway 20 in Iowa, the weather is not a factor and you’re in high school. There is a car coming towards you and the driver can’t see what you’re doing. He can see your face, looking down, eyes focused on something of great importance. Well at least important enough to direct your attention away from the road ahead; the same one he’s driving on. What is so important that would direct your attention from the road ahead?

Should drivers with macular degeneration stop driving?

Should Paul McKinney, the driver of the fatal hit and run accident last month, be allowed to keep his license? According to the Department of Transportation Mr. McKinney is innocent until proven guilty and will be able to do just that. Scott Falb a spokesman with the Iowa Department of Transportation elaborated saying that, “You don’t revoke a license unless you have something actionable”. Mr. Mckinney is charged with leaving the scene of a fatal accident and obstruction of prosecution by destruction of evidence. Both Mr. Falb and Mr. McKinney’s sister said that he had vision problems including not being able to see out of his left eye, with Iowa Department of Transportation records showing that his vision in the left eyes is less than the 20/100 and a sister saying he has a condition known as macular degeneration.

While I agree that we should be considered innocent until proven guilty don’t we also need to take into consideration the safety of other citizens along with Mr. McKinney himself? Shouldn’t Mr. McKinney at least be required to take some sort of test to see if he is able to drive without putting us at risk? Perhaps the McKinney's could make a statement limiting his driving. The public needs to know that common sense is a part of any decision being made.

Distracted Driving - Did a DUI by video really kill two people?

Did a McDonalds Happy Meal video game toy cause the accident that killed two people? Prosecutors are accusing Brandon S. Reddick with two counts of homicide by vehicle and two counts of serious injury by vehicle in connection with the February 15th crash near Dubuque. It’s being alleged that Mr. Reddick was steering with his knees while playing the McDonalds toy when the vehicle he was driving drifted over the center line and collided head on with another car, killing two passengers and seriously injuring the driver. A passenger in Reddick’s car was also seriously injured. The 20 year old was freed on a $15,000 bond.

What next?

Tort reformers would say, give him a break. Why make him responsible for his mistakes. Let's let bygones be bygones. Welcome to the world of billion dollar bonuses. No one is responsible for anything and everyone gets a trophy just for showing up. Is that the world you want?

To learn more about how the Participation Trophy Syndrome infects society visit the Des Moines InjuryBoard.

1. Only losers want a participation trophy, winners want to win one ...

Aug 22, 2009 ... Only losers want a participation trophy, winners want to win one. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../only-losers-want-a-participation-trophy-winners-want-to-win-one-.aspx?... - Cached - Similar

2. Arkansas Board of Medicine "Sanctions" Surgeon with a ...

Arkansas Board of Medicine "Sanctions" Surgeon with a "Participation Trophy". Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../arkansas-board-of-medicine-sanctions-surgeon-with-a-participation-trophy.aspx?... - Cached - Similar

3. FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street ...

Apr 21, 2009 ... FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street bonuses, The Participation Trophy Syndrome. Email Member · Steve Lombardi ...
desmoines.injuryboard.com/.../financial-misconduct-is-the-answer-to-frivolous-wall-street-bonuses-the-participation-trophy-syndr... - Cached - Similar

4. No Participation Trophy for Either the Hawkeyes or the Cyclones ...

No Participation Trophy for Either the Hawkeyes or the Cyclones. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../no-participation-trophy-for-either-the-hawkeyes-or-the-cyclones.aspx?... - Cached - Similar

5. Apology Shield - Diagnosing Truth With a Broken Lie Detector ...

To read more about American society and the Participation Trophy Syndrome, read Coach Lombardi's posts on the subject: Only losers want a participation ...
desmoines.injuryboard.com/.../why-its-important-to-expose-the-fake-apology.aspx?... - Cached - Similar

6. Participation Trophy Syndrome | injuryboard Des Moines

injuryboard Des Moines - Participation Trophy Syndrome - Most Popular RSS Feeds ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
desmoines.injuryboard.com/.../Participation+Trophy.../most-popular/ - Cached - Similar

7. The Participation Trophy Syndrome | injuryboard Des Moines

injuryboard Des Moines - The Participation Trophy Syndrome - Most Popular RSS Feeds ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
desmoines.injuryboard.com/...Participation+Trophy.../most-popular/ - Cached - Similar

8. Rubin Navarrette has it right - Don't rescue those looking for a ...

Rubin Navarrette has it right - Don't rescue those looking for a participation trophy. Let litigation teach them a lesson. Email Member · Steve Lombardi ...
desmoines.injuryboard.com/.../rubin-navarrette-has-it-right-dont-rescue-those-looking-for-a-participation-trophy-let-litigation-teach-them-... - Cached - Similar

9. The Participation Trophy Syndrome | InjuryBoard Des Moines

Jul 8, 2009 ... Des Moines Personal Injury Lawyer | The Participation Trophy Syndrome ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
desmoines.injuryboard.com/.../The+Participation+Trophy+Syndrome/ - Cached - Similar

10. Sarah Palin promised it would not be politics as usual, and ...

Jul 4, 2009 ... Posted by Steve LombardiJuly 04, 2009 8:40 AM ... She epitomizes the Participation Trophy Syndrome. Where is my trophy; after all I showed ...
desmoines.injuryboard.com/.../palins-exit-announcement-is-just-another-example-of-the-peter-principle.aspx?... - Cached - Similar

Recongnition of Driving to Distraction

In Washington a government meeting was held September 30, 2009 to discuss the growing issue from the last year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7. In the two day meeting that was called the “distracted driving summit”, Transportation Secretary Ray LaHood was a major expert in the discussions. “LaHood said the administration would “work with Congress” to develop ways of curbing distracted driving. The meeting would solicit ideas to address the problem “similar to what went on with seat belts and (blood-alcohol limits of) 0.08 where you really educate the public, where you tell people that they have to take personal responsibility for these things.””

Here are some key statistics behind the issue:

-Driver distraction connected to almost 6,000 killed and 500,000 injured last year

-Driver distraction was involved in 16 percent of all fatal crashes in 2008

-Age 20 and younger is the largest fraction of distracted drivers

-16% of under-20 drivers involved in fatal crashes were reported to be driving distracted

-Drivers of heavy trucks when texting increase their risk of collision 23 times, according to Virginia Tech Transportation Institute

-Car and Driver magazine reported texting and driving to be more dangerous than drunken driving

 

-Text messaging has increased per month as seen in a study by CTIA-The Wireless Association (a cellular phone trade group), which reported 10 billion text messages in December 2005 to 110 billion in December 2008

 

-18 states and the District of Columbia have made texting illegal while driving (from Insurance Institute for Highway Safety)

-7 states and the District of Columbia have made talking on a handheld cell phone illegal while driving as well (from Insurance Institute for Highway Safety). To see a chart on which states have banned which electronic device usage, see: http://www.iihs.org/laws/cellphonelaws.aspx

Another speaker at these meetings was Senator Charles Schumer, Democrat from N.Y., who along with other Democrats at the meeting, “introduced legislation in July that would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding.” It was said that the Obama administration has not indicated their position on this proposal.

These discussions focused on how to go about working with Congress, and set the right motions in place to change the behavior of drivers to eliminate the root of the problem: distraction. LaHood said “We need a combination of strong laws, tough enforcement and ongoing public education to make a difference” and stop this driver distraction which he calls a “menace to society”.

Why are there so many lawsuits?

It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem.

On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380 when she lost control of the van she was driving went onto the median and flipped. Rachel Stewart and one of the other passengers, Rachel Peterson, were both hospitalized while a third passenger 16 year old Alyssa Benedict from Tiffin died as a result of the injuries suffered in the crash. Benedict and Peterson were not wearing their seatbelt, but the real question is why a 15 year old is driving without a parent present and on the Interstate Highways in Iowa. Answer that question and you’ll have the answer to the right question.

Wrong Question: Why are there so many lawsuits?

Right Question: Why are there so many injuries?

Tort reformers have no intention of every solving the problem of why there are so many injuries or lawsuits.  If they did it would eliminate their cash cow and way of increasing the bottom line in corporate America without giving us a job. No sir-ee, instead they want it to continue so they have a continuous flow of cash contributions and a job. After all they can’t do anything else that produces a product or protects a life. So why not pick on those that can.  No, they ask why there are so many lawsuits because they don’t want to reduce the number of injuries and deaths. Because if they did want to solve the problem, they would ask the right correction.

Why is this 15-year-old taxiing on I-380 in Iowa?

Can we start with an assumption: That interstate highways are a dangerous place due to cars and semi trucks driving at higher speeds; due also to wrong-way drivers, drunks and inexperienced drivers. Now let's talk this morning about youthful inexperience, distracted driving and cheating the law that is intended to save youthful lives. After we look at this morning’s news item from the Des Moines Register I'm going to end with a warning to the parents who cheat by asking the wrong question and focusing their children's attention on the lawyers rather than youthful inexperience.

NEWS ITEM: 

A 15-year-old driver rolled a white minivan as she neared the Iowa River on Interstate-380 in Johnson County. In the van were two 16-year-old passengers. One was reported to have died and the other taken to University Hospitals in Iowa City.

LET'S ANALYZE THE LAW AND THE FACTS:

All were apparently high school students who’d just finished a volleyball game and were heading out to get a bite to eat. The 15-year-old driver was Rachel Stewart of North Liberty. Her two passengers were Alyssa Benedict and Rachel Petersen. Young Ms. Benedict is listed as the fatality.

“Clear Creek Amana Principal Tom McDonald said Benedict and two friends were apparently going to get something to eat after attending a volleyball game at the school in Tiffin.”

• What was the reason the van lost control and rolled over?
• What was the reason the van ended up off the road and onto the median?
• Were there distractions inside the van that caused this inexperienced driver to lose control?
• Does the law even allow a special license permittee to be taxiing passengers on a food run?
• Was this errand going to allow them to get home before the permit curfew?

In Iowa a 15-year-old can drive with a learner’s permit and a school permit. Those permits allow them to drive directly to and from school-related functions, like volleyball. The permissible hours are 6 a.m. to 10 p.m. This accident is reported to have happened at 8:45 p.m. Passengers are allowed to ride along but I’m not sure the law allows the driver to veer from the most direct route between home and school or the extracurricular activity. Reports indicate that Benedict and Petersen were not wearing seat belts. Another report has the van entering the median area before rolling over. But let’s get back to the time sequence to decide if this trip was a good idea for teens, so that teens can learn from the mistakes made in this case and to stay out of future trouble.

Reports show they were at a school event at Clear Creek Amana in Tiffin. The driver lived in North Liberty, the two passengers in Tiffin, Iowa. At the time of the collision they were driving south on I-380, a four lane divided highway. The collision occurred at the 8 mile marker. It should be clear that if you’re at a school in Tiffin and the two passengers live in Tiffin then there’s no reason to be on I-380 taxiing passengers; no matter how hungry they may be. Tiffin is west of I-380 and North Liberty is northwest of Tiffin. Using MapQuest shows there are 8.31 miles between the two towns that takes a mere 13 minutes to drive and doesn’t include any travel being necessary on I-380. In other words I-380 isn’t a direct route. So why were they even on I-380?

The MapQuest directions include E 3rd Street toward Main Street, then right onto Main Street, turn right onto E. Marengo Road/U.S. 6 East, then left onto Coral Ridge Ave., turn right on E. Penn Street, then right on N. Dubuque Street to North Liberty.

Google Maps shows the direct route.

http://maps.google.com/maps?f=d&source=s_d&saddr=Tiffin,+Iowa&daddr=NOrth+liberty,+Iowa&hl=en&geocode=&mra=ls&sll=41.707679,-91.675351&sspn=0.002423,0.005659&ie=UTF8&t=h&z=14

View Larger Map

The question remains to be answered whether the law allowed this special minor driver to even be on I-380 and then whether it was possible to get something to eat and get everyone home by the permitted curfew of 10 p.m.

Of course there is also the question of whether these teens could legally make this food run.

“The reason Stewart lost control of the van has not been made public by the Iowa State Patrol. McDonald said he received an unconfirmed report that a rear tire had blown.”

State law allows young drivers with learner’s permits and a school permit to drive to and from school for school-related activities. The Code section is 321.194 Special minors’ licenses. Here is what is written. The drive must take the most direct or accessible route and can only drive between 6 a.m. and 10 p.m. over the most direct and accessible route between the licensee’s residence and schools of enrollment or the closets school bus stop or public transportation service and between schools or enrollment, for the purpose of attending classes or extracurricular activities within the school district. That’s a mouthful and these code sections aren’t easily understood. Generally they are allowed to have passengers but they can’t have more passengers than there are seat belts, a requirement that implies seat belts must be worn.

So let’s recap the mistakes that were made:

1. Not wearing seatbelts.

2. Driving on an Interstate.

3. Driving a route that is not a direct or permissible route.

4. Taxiing passengers for a food run.

5. Trying to squeeze in too many stops in two short a period of time.

6. Disobeying the law that requires teens not to drive except to and from school events. Last I checked McDonald’s isn’t a school event and they don’t have classes.

7. Were there distractions in the van that caused the driver to lose control? We may never know.

Does the law allow the driver to taxi passengers for the convenience of parents? I’m not sure I would agree that it does. Was all of this avoidable? Absolutely. One of the lessons to learn is for parents to stop distracting teens with asking the wrong questions; stupid questions  such as why are there so many lawsuits? Hate the lawyers all you want but start asking the right question; the one that will reduce the number of accidents and in turn the number of lawsuits.

What were the distractions in the van?

Why were these kids thinking they could cheat the law intended to keep them safe?

Why was the youthful driver being a taxi driver?

Why were they even on I-380?

If adults knew they were going on a food run, why didn't someone step up and say, "No." you're not allowed to do that. Do it and I'm calling your parents.

Why wasn't everyone wearing their seatbelts?

If there were cell phones in the van, why? What purpose did they serve?

If there was texting going on why? Why is it necessary to pay attention not to texting but to driving?

And the most important question is...

Why are there so many accidents and injuries?

See Radio Iowa, Teenage girl killed, two others injured in eastern Iowa wreck

UPDATE: Teen Killed, Two Injured in I-380 Accident

NEWS UPDATE - 1 killed in rollover accident

I send my condolences to the families and rest my case.

We've been covering Interstate travel safety for the past two-weeks on the Injuryboard and a few of my fellow members have jawed about it nonstop. I know that Wayne Parsons, my friend Devon Glass from Michigan, Mike Bryant from Minnesota, Pierce Egerton from North Carolina and Rick Shapiro from Virginia will all join in with my sentiments about being frustrated. Parents frustrate us when they talk all about tort reform and then turn a blind eye to what their children do. Tort reform isn't about the other guy, it's about us and the decisions we make. Tort reform is actually a distraction from the root cause of injuries and accidents. Taking away the rights of people to receive compensation isn't going to stop the accidents that cause injury and death. All tort reform will do is make those injured or the families of those killed miserable. So stop distracting everyone with taking away the right to receive compensation and ignoring the root causes of injury and death on the highways of America. If you have questions about what we’ve written call or write to each of us. We don’t ask that you agree, but we do ask that you think and discuss the issues.

You can follow our discussion by reading these articles.

UPDATE FOR CONSIDERATION: A recent Des Moines Register article takes a look at the police investigation in another case involving Alyssa Jo Vdnerhoff, a 15-year-old who lost her life when the truck she was driving went out of control and rolled. They wondered if she was text messaging, either reading or sending at the time when she lost control. Vanderhoff was from Marathon and was Iowa's only female bull rider.

I think this series on interstate highway safety is concluding with this post. Here is the series we ran. Our next series will start in a few days. Being busy lawyers it's not always easy to jump right into a new subject and have copy ready for print.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend, Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why, Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton , September 02, 2009 12:00 PM

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance , Wayne Parsons, September 02, 2009 4:09PM

The National Uninsured: Why You Need Uninsured Motorist Coverage In Minnesota, Mike Bryant, September 04, 2009 3:24 PM

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?
Rick Shapiro | September 07, 2009 1:15 PM

Highway Cowards - Running From Decency & Responsibility
Pierce Egerton | September 08, 2009 8:08 PM

Deteriorated Interstate Highways And Roadways In Every State Add To Fatalities, Wayne Parsons, September 10, 2009

 

 

If Teen Driving and Texting is Fun Why Is She Crying?

If you think your next text message can't wait so you text while driving then watch this video. It needs no commentary from me.

Here is the teen logic: People make such a big deal about teen’s texting while driving. But really what's the big dah? Think about how stupid you sound complaining. Really! Texting (some dumb and foolish message) to your BFF (who is sitting in front a TV) gets the word out that I’m open for dating or that so-and-so just broke up! It saves time and keeps me connected!

Or does it?

What can you do to avoid driving distracted and possibly causing an accident?

If you teach your teenage driver anything teach them not to driver distracted. Yesterday I’m sitting at a stop light and beside me in the turn lane are a young driver and two passengers. The front seated passenger is watching the light for the driver while he sits there sending a text message. I wondered why cell companies or car makers don’t come up with a way to block texting when in a car. Really is there any reason why anyone needs to send a text message while driving or riding in a car? If the parents of this driver could only see him they’d be consequences to pay.

Driving while distracted is at epidemic proportions. Here are a few examples from Iowa. Mind you, every one results in at least one fatality. That’s where the title comes from.

Warren County – August 8, 2009 – Megan Marie Davis (16) from Norwalk driving northbound on 180^th Avenue lost control “for an unknown reason” went off the roadway, into a ditch, struck the embankment and vaulted into the creek landing on the roof top of her 1988 Chevrolet S10. Davis was ready to start her junior year this fall at Norwalk High School.

Hardin County – August 9, 2009 -  Armando Castello (28) driving a 1988 Honda Civic westbound on D15 crossed over the center line, striking a 1991 Ford F-250 pickup truck driven by Abbye Fryslie (18) from Iowa Falls.  Ms. Fryslie was taken by air ambulance to the hospital in Ellsworth. Mr. Castello according to the report died and was pronounced dead at the scene. (I can’t be sure if this is the same Abbye Fryslie that plays volleyball for the Cougars High School Girls Volleyball team.

Adaire County – August 6, 2009 – Mark Miller (47) driving a 2003 Harley-Davidson motorcycle on the off-ramp of westbound I-80 at mile marker 93 lost control and slid into the ditch. He was not wearing a helmet and died from the injuries he sustained in the crash. His passenger, Connie Jae Emgarten, (40) was transported by ground ambulance and her condition was not reported.

Hancock County – July 29, 2009 – This one involves a Freighliner Semi-truck and a 2003 Toyota Celica, so you know it’s not going to end well; results in the driver of the Toyota dying. The Freightliner is driven by Allen James Enabnit (46) who is reported to have run a stop sign at R26 and B55. His semi-truck then collides with Hefty’s Toyota ending in the death of Amy Lynn Hefty (27).

Sac County – July 31, 2009 – In this crash or wreck or accident, however you’d like to describe it, a 1995 Mercury Sable is westbound on highway 175 and for an unexplained reason runs smack into the back of a 1982 John Deere 4440 AG Tractor. Both vehicles were then forced off of the road; the speed must have been fast, killing the driver of the Mercury. The tractor had its slow moving vehicle symbol and amber lights working, so why didn’t the driver of the car see the tractor? The reasons are unexplained but it cost the driver, Brian Campbell (27) his life, and his passenger, Sarah Anne Ahart (17) was injured and she was taken by ambulance to the Lohring Hospital. Its not known how the tractor driver, Dakota Michael Miller (17) is doing.

Polk County – July 31, 2009 – This single vehicle crash occurs on I-80 in Polk County when the motorcycle driven by Robert Clayvon leaves the roadway, drives into the median, rolls and kills him. The Iowa State Trooper noted “THE VEHICLE WAS A NEWLY PURCHASED USED MOTORCYCLE WITH A PAPER PLATE ON THE VEHICLE. THE MOTORCYCLE HAD BEEN RODE ONLY 7 MILES AFTER PURCHASE TO THE CRASH SITE. THE DRIVER WAS NOT WEARING A HELMET AND HAD SOME MEDICAL ISSUES.” I’m not sure what all that means, but this driver may not have been distracted but then again driving a new bike he may have been distracted checking something out. Speed isn’t determined so we don’t know what if any it may have contributed to the loss of control.

Crawford County – August 2, 2009 – In this crash you have the at-fault vehicle attempting a left turn and failing to see and to yield to on-coming traffic. The driver who appears to be at-fault is a 75-year-old man Gerald Fredrickson of Turin. He’s driving on U.S. Highway 59 when he attempts a left turn at Iowa Highway 141, just 6 miles south of Denison. The report indicates he’s driving a Chevrolet Impala. The other car is driven by Noah Mayer and has several passengers, a Ricky Beck and one Schuyler Kiesel, both of who appeared to have been injured. It was the passenger in the at-fault car that was reported to have been killed. (Judith Fredrickson (71)) Ricky Beck, although reported to not have suffered incapacitating injuries was nevertheless life flighted to UNMC in Omaha, Nebraska.  Was it age, eyesight or a distraction that caused a failure to yield the right of way?

Greene County – August 4, 2009 – The lesson to learn from this crash would be that trains are big, heavy and unforgiving. James Parris is just 43-years-old and driving a 1999 Buick LeSabre across the railroad tracks at B Avenue when he is struck by a Northwestern Railroad engine heading east at B Avenue. The report indicates the car driver failed to obey the cross buck sign and crossed the tracks, but it’s not clear if there were drop down bars and warning lights in place and working. Nevertheless the rules of the road for crossing railroad tracks is stop, look and listen. Did the train’s engineer sound his horn before attempting to cross? No indication of that either. The car flipped over, burst into flames and the driver perished. A report from the Daily Times Herald of Carroll, Iowa states: “Greene County Sheriff Tom Heater said Parris stopped at the crossing as the train approached then drove onto the tracks.” What made him drive ahead after coming to a complete stop?

Webster County – August 8, 2009 – In this crash, similar to Warren, Adaire and Polk County crashes, the driver of a motorcycle leaves the roadway, a curve in this instance, crashes and dies as a result. Casey Friesth (20) rounding the curve on D14 near National Avenue continues east off of the roadway enters the south ditch and overturns, where he and the bike are vaulted over the embankment of the connection with National Avenue and he’s killed.

Allamakee County – August 6, 2009 – A Missouri driver, John Ramer (43) driving west on X52, the Great River Road north of Harpers Ferry simply failed to negotiate a curve, crossed the center line, went through a fence, down a steep embankment, his vehicle rolled several times, it struck a junked car and came to rest on it’s top. The report is that even though he used his seatbelt, he died.

Mahaska County – August 11, 2009 – A is driving westbound on Highway 92 crosses the center line striking an oncoming vehicle that losses control, strikes a third vehicle and finally comes to rest. The first is driven by a 72-year-old man James Bowen, the second is a Semi-truck being driven by Tom Rangel (43) and the third, Virginia Weber (81). The report is that Bowen dies in the collision.

I’ve been practicing personal injury litigation for almost 30 years and unlike the tort reformers I’m not asking why there are so many lawsuits because to do so ignores prevention. We need to prevent accidental injury and then the number of lawsuits will take care of itself. In many of these instances the at-fault driver will be sued, either by their passengers or the other car’s drivers and passengers for the damages they’ve caused. And they should, because none of those other people asked for this or did anything to cause the collisions. In many, not all but many of the collisions we see distracted driving habits or we can safely assume the drivers were distracted and it created situations where a crash was inevitable.

How can they be avoided?

Well how about if we teach our children and adopt a habit of not talking on the cell phone or texting or doing anything else that takes our attention away from driving. That’s certainly a good place to start.

OWI: Iowa Corn Indy 250 Fans

The Iowa Speedway has been an economic boom for the City of Newton, Iowa.  And here comes the Iowa Corn Indy 250 which will be the boom for the local law enforcement to fill their annual budget.  This means arrests for anyone seen in public who resembles a drinker of alcohol.  Fines will be levied and assessments made for "room and board" for jail sentences.  I expect the arrests will largely be for OWI, which is also known as DUI or drunk driving, interference with official acts, assault on a peace officer, and public intoxication.  Even if you haven't been drinking, officers' reports will indicate a strong smell of alcohol, bloodshot watery eyes and slurred speech- only the names will be changed.  In my experience with these types of events, local law enforcement will have virtually all hands on duty.  Most officers will not have the time or the temperament to properly handle each case, which means that some steps in proper protocol will be overlooked.  To a lawyer, this means that constitutional rights will be violated.
 
The City of Newton sits on an interstate, I-80.  There are other highways; such has State Highway 14 that leads to Newton.  There will be city police officers, county sheriff's deputies, and state troopers all over.  They won't be concerned about Helio Castroneves, Danica Patrick or Dan Wheldon.  They will have their own competition of sorts on arrests.
 
Any guest visiting our state should know that if arrested you do have a right to call a lawyer or family member in order to secure a lawyer once you arrive at the jail in order to protect your rights.  Otherwise, be responsible and enjoy yourself.  Maybe you'll even get to have a Budweiser in the parking lot.

What distraction caused a semi-truck to drive into the rear of a line of vehicles on I-80 in eastern Iowa?

Names of those killed are not being disclosed until relatives are notified. What we know is the driver of a semi-truck on I-80 in Scott County, Iowa drove into a construction zone and rear ended a series of cars stopped in the construction zone.

The 2009 Kenworth Semi-truck was driven by 34 year-old Anthony Johnson of Arlington, Texas. It appears as though the driver of a Chevrolet Corvette and a van driver were both killed and perhaps a third person was injured.

Trooper’s Accident/collision Description

VEH 4, 2006 REITNOUER SEMI, DRIVER TODD IAGULLI 39 YRS WESTAMPTON NJ VEHS 2,3,4 WERE STOPPED 80 EB AS ENTERING CONST ZONE VEH 1 STRUCK THE REAR OF VEH 2 PUSHING IT INTO S DITCH, VEH 1 THEN STRUCK REAR OF VEH 3 PUSHING IT INTO REAR OF VEH 4, VEH 1 CONTINUED NE TOWARDS THE MEDIAN INVEST PENDING

Crash occurred at 18:16 or 6:16 PM on May 11, 2009 in Scott County in the eastbound lane at mile marker 305.

The Des Moines Register reports the same basic information; making it obvious names are not being reported until relatives have been notified.

Take a look at this bus driver texting as he drives his bus down an interstate highway. He keeps texting right up till he runs into the back of stopped traffic. Then he gets mad.