The Lombardi Law Firm Blog

Did the Sioux City Sewer Pipe Workers Receive Confined Space Training?

Yesterday we covered a confined space accident that took the life of a young man helping with getting a boat into the water. Today we provide links and information about confined spaces available on YouTube.

Forgiveness Has Little to Do with What’s Wrong with Bad Behavior by Police Officers

The Des Moines Register reports that an officer in the Pleasant Hill PD was involved in a two-vehicle accident while inside the marked patrol vehicle were drugs. Perhaps the drugs were from a bust or an arrestee. I guess we’ll have to see what the facts ultimately prove. In the meantime I’m guessing those Firestone workers who have been fired will be seething over whether this officer will lose his $52,000 a year job. I’m guessing the first thing the City of Pleasant Hill will require is a drug screen to see if the officer’s blood and urine are clean. It’s easy to jump to conclusions but first let’s get the facts. The Iowa State Patrol is conducting their own investigation – let’s see what they conclude before jumping to too many conclusions.

Train vs Semi-Truck, Leads to Workers' Compensation Claim

The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.

August 30, 2010 - Iowa State Patrol Fatality Reports

Crash:

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Minimal Reports

1. A crash occurred in Worth County on August 29, 2010
   
   THE VEHICLE WAS WB ON 420TH ST EAST OF RAVEN AVE, DRIVER LOST
   CONTROL AND VEHICLE ROLLED COMING TO REST ON ITS TOP IN THE
   DITCH, VICTIM WAS TRAPPPED UND ...
   
2. A crash occurred in Crawford County on August 25, 2010
   
   VEHICLE 1 WAS SOUTHBOUND ON 350TH ST AND VEHICLE 2 WAS
   NORTHBOUND ON 350TH ST, NEAR THE INTERSECTION OF THE RESIDENCE
   AT 2997 350TH ST, THEY MET AT A HI ...
   
3. A crash occurred in Jasper County on August 23, 2010
   
   VEH 1 WAS WB ON I80, LOST CONTROL, ENTERED THE MEDIAN, CROSSING
   OVER INTO THE EB LANES OF TRAFFIC, VEH 1 WAS STRUCK BY VEHS 2
   AND 3, VEH 1 BURST INTO FL ...
   
4. A crash occurred in Audubon County on August 17, 2010
   
   VEH 1 WAS EB ON 300TH ST AND VEH 2 WAS WB ON A HILL CREST, VEHS
   MET AND COLLIDED, VEH 1 CAUGHT FIRE AND DRIVER OF VEH 2 EXITED
   AND PULLED DRIVER OF VEH ...
   

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Full Reports

1. A crash occurred in Scott County on August 22, 2010
   
   UNIT 1 WAS NORTHBOUND ON HIGHWAY 67 TURNING LEFT INTO A DRIVEWAY AT 21742 HIGHWAY 67, WHICH IS A RESIDENCE ON THE WEST SIDE OF THE HIGHWAY. UNIT 2 WAS SOUTHBOU ...
   
2. A crash occurred in Monroe County on August 19, 2010
   
   UNIT 1 WAS EASTBOUND ON 189TH OR OLD HIGHWAY 34 WHEN THE VEHICLE ENTERED NORTH DITCH, STRIKING CULVERT. BOTH DRIVER AND PASSENGER WERE THROWN FROM THE 4 WHEELE ...
   
3. A crash occurred in Warren County on August 17, 2010
   
   VEH #1, DRIVEN BY FREEMAN, WAS SOUTHBOUND ON HWY 28 APPROXIMATELY 1/2 MI S OF THE HIGHWAY 5 BYPASS. VEH #2, DRIVEN BY WORDEN, WAS NORTHBOUND ON HWY 28. VEH #1 ...
   
4. A crash occurred in Webster County on August 16, 2010
   
   UNIT #1 WAS A ATV 4 WHEELER TRAVELING NORTH ON A DIRT TRAIL ON PRIVATE PROPERTY. UNIT #1 WENT THROUGH A DIP IN THE TRAIL, FLIPPED OVER FRONTWARD'S, AND LANDED O ...
   
5. A crash occurred in Dallas County on August 16, 2010
   
   VEHICLE 1 WAS TRAVELING SOUTHBOUND ON COUNTY ROAD R-16 AND WENT OFF THE ROADWAY TO THE RIGHT GOING ONTO COUNTY ROAD 260TH STREET. VEHICLE 2 WAS APPROACHING THE ...
   

August 21, 2010 - Iowa State Crash Reports - Fatal Car Accidents

Lawyers who handle car accidents in Iowa along the Interstate Highway System, like I-80, I-35, I-235 and I-380 need experience. Steve Lombardi has been a personal injury lawyer for over 30 years and has represented over one thousand clients while recovering millions of dollars. Let him help you with your serious injury or death claim. He works with out-of-state clients from other states and other countries.

August 20, 2010 - Iowa Car-Truck-Accidents Resulting In Injury

Lawyers who handle car accidents in Iowa along the Interstate Highway System, like I-80, I-35, I-235 and I-380 need experience. Steve Lombardi has been a personal injury lawyer for over 30 years and has represented over one thousand clients while recovering millions of dollars. Let him help you with your serious injury or death claim. He works with out-of-state clients from other states and other countries.

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.

As of August 14, 2010 - This week's Iowa State Patrol Injury Reports for Injury Accidents

Weekly we cover the ISP accidental injury reports from car, truck and motorcycle accidents.

I-29 Motorcycle Accident Kills 4

The Iowa State Patrol has identified the four motorcyclists killed in a Monday night crash on Interstate Highway 29. Officers also named Andrew Schlichtemeier, 21, as the pick-up driver who reportedly swerved into the oncoming lane in a construction zone and struck the bikers just south of Little Sioux. Schlichtemeier was treated at Burgess Hospital in Onawa and released, the State Patrol said in an online report. The motorcyclists are: – Dennis Chaney, 62, of Glenwood. – Steven L. Benscoter, 62, of Pacific Junction. – Jay C. Bock, 48, of Omaha, Neb. – Dale E. Aspedon, 49, of Glenwood.

Weird case because impact is made to appear slight, but death ensued

A car accident in Mike Bryant’s neck-of-woods (Minnesota) involves and Iowa family from Riverside. This 8-year-old is a passenger in his family’s car and is killed when a second car sideswipes the car he’s in causing his death. From the report it appears the sideswiping between the two cars occurred when they were traveling in opposite directions. There are few details about the mechanics of the crash.

Eleven Amish Killed in Head-on Semi-Collision on Kentucky Highway

The Amish Community is again suffering. You will recall the horrific slaughter of Amish school children in 2006 by a milk-truck driver carrying three guns in Nickel Mines, Pennsylvania. This weekend eleven members of the Mennonite Community were killed in a Kentucky car accident when a semi-truck crossed over the center line striking their van head-on. They were driving to Kalona, Iowa to attend a wedding. Iowa has a large Mennonite population in and around Kalona.

Interstate Travel Safety - What not to do after an Interstate Crash

I’ve written before about it being dangerous to walk away from an accident. Scott County, Iowa - It happened again; this time in Iowa on I-80 near Le Claire. In this case we have two people who attempted to walk to safety after the car they were in got stuck in the median; probably du to snow covering or standing water and mud.

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.”

More No Snooze News, Nebraska, Cyberspace and Michigan

It’s such an interesting day of news for today. This poor guy from Nebraska gets killed after surviving the crash and walking away. The second idea is a survival guide for being the hospital. Yes, sad but true. The third idea is that Iowa is learning something from the Chinese. Like the Chinese exporting babies milk laced with melamine we Iowans (Iowaegans? Iowanites?) are exporting fixer uppers to those who use to manufacture cars. Welcome to the new America; the best country that money can buy.

Would hedges on the I-80 and I-35 Median Strip Help or Hurt?

Would hedges planted on the Interstate highways in Iowa reduce head-on collisions during the winter months? On January 25, 2010 at 2:10 pm we had a crash on I-80 in Iowa County. A van being driven by J. Jones was heading west and began sliding out of control. It slide right across the median strip and collided with a semi-truck being driven by Blair Hall of Brooklyn, Iowa. Poor Mr. Jones died in the ensuing collision. It got me wondering about how to stop cars from sliding clear across the median; and the first thing that comes to mind is planting a hedge. They are inexpensive, easy to maintain and would probably allow a car or van to slow or stop after striking it. A hedge would be better than a concrete barrier. The hedge wouldn’t cause an alternative major crash.

Distracted Driver's boyfriend lets the beans out of the bag

This accident demonstrates the importance of a good investigation and the difficulty of proving the at-fault driver was distracted by a cell phone call that led to a collision. Here is what happened. The date is January 13, 2010 and the location is 1301 Siebenthaler Avenue in Dayton, Ohio. Sorry all you Buckeyes but I’m picking on you again. Seems lately it’s pretty easy to do. Let’s get back to the facts of this accident. An adult female is driving her car, for some reason crosses the center line and causes a head-on collision with an oncoming car. A passenger in the struck vehicle is taken to the hospital, but the driver is reported to be uninjured.

Interstate Travel and Dealing with Fatigue

Interstate travel presents many risks that are different than you’d expect to encounter with in-town driving. And fatigue is one of them. I regularly see people on Interstates 80 and 35 that drive along beside a semi-truck. They aren’t considerate and don’t think twice about the semi driver perhaps not even realizing they are beside his rig. Some are on cell phones increasing the risk of an accident. It’s frustrating for me to see so many people with so many distractions while driving and it seems they could care less about the risks posed.

Wrong-way Drivers on Iowa's I-80, I-235 and I-35, What can you do?

Do you know how to avoid becoming a victim of a wrong-way driver? If you don’t you should. The story is that the driver was allegedly drunk and driving on I-80 in the wrong direction. Hard to believe isn't it? Well it's happening more and more. Last week I received a call from a reporter in California who was digging up facts about two, yes two, wrong-way accidents in their county. It's a problem that many people who use the Interstate highway system are unaware but make no mistake about it, it's a real problem. So for the good people of Iowa and California today is a good day to run the main themes of wrong-way collision causes, avoidance and life-saving measures.

I-35 is a Wintry Accident Land

Jeremy Thurman writes “Tis the Season to Drink and Drive” reminding us of the serious consequences of drinking and driving to holiday parties. The New Year is behind us but the real New Year is upon us requiring more than just lip service to the need to watch how much you drink before getting behind the wheel. What I found interesting about Jeremy’s post was his description of how I-35 is used as a connection to Oklahoma City, Norman, Moore and Edmond. Like the situation in Oklahoma here in central Iowa we have a similar situation with Des Moines, Ankeny, West Des Moines, Urbandale, Clive, Waukee, Newton, Ames, Marshalltown, Mason City and all the other cities and towns that people use I-35 and I-80 as a way to commute.

Why did this ambulance crash into a Tennessee State Highway truck?

So what happened? What caused the ambulance driver to not be aware that a large Tennessee State Highway Truck was parked or obstructing the break-down lane? What was the driver looking at or what distracted him from looking at what was clearly in front of him? Was the truck clearly in front of him or did it move into the lane ahead of him without sufficient time to stop? Like pilots missing the runway in Minneapolis, the driver has a lot of explaining to do.

Like Good Parenting, Good Trial Lawyers Go In With A Hunch

Parents with teenagers often times have to ask a lot of questions to get to the bottom of "what went on"? Most parents learn the ropes by experience and common sense. The same goes for trial lawyers, judges and juries. So how do lawyers know when the witness who was a driver in a crash was following too close? In this case someone was, or did someone else cut the rear driver off?

Iowa Car Accident Caused When Driver Doesn't Stop for Stop Sign

If you've had a car accident and need legal assistance the Lombardi Law Firm is here to help you. We've been doing this for over 30 years and don't intend to quit any time soon.

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

David Cato, 19 who plays defensive back for the Iowa Hawkeyes and Ter’ran Denton, (sic) 19 a defensive back from the Iowa State Cyclones were driving on I-35 south of Purcell at 10:00 a.m. on a Sunday when the car they were in rolled after coming in contact with a semi-truck. According to the news report the trooper has the 18-wheeler being nudged before rolling and striking the embankment on the west side of the Interstate Highway.

Police Chase on I-35 in Iowa

Could this death have been avoided? Should law abiding citizens be put at risk from high-speed police chases? Remember I'm not talking about the runner here; I'm talking about the soccer vans and sedans with no dog in this fight who unsuspectingly get pulled into the fray when the idiot comes across the median and starts traveling against the traffic. Those are the innocent people. The driver would have no reason to driver the wrong way on an Interstate if law enforcement weren't chasing him. Why not just follow him quietly, call ahead and set up a road block or put down nail strips?

10 Reasons Why People Get Injured on I-35 in Iowa

I’m going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I’ll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better. Iowa’s intestate is mostly flat, but some rolling hills. From the north to the south I-35 is pretty straight and all four lanes. In central Iowa it jogs around Des Moines and becomes a part of I-80. Once you get to the south end of that loop you’re almost out of West Des Moines and I-80 separates off and heads west to Omaha, Nebraska. From there it’s a straight shot through to Missouri.

I’ve been studying the cause of accidents along I-35 for the better part of thirty years and although I’m not capable of naming all the reasons there are several that stick with me as a personal injury lawyer.

1.      Alcohol related – driving while under the influence of alcohol or drugs.

2.      Speed – driving too fast for the conditions, those conditions include weather and construction zones.

3.      Distracted driving – driving while using a cell phone, an iPod, controlling the kids, eating, pets, arguing or any of the myriad of distractions that form a part of the epidemic of driver distractions.

4.      Look out – driving without looking where you’re going and I mean paying close enough attention and focusing your attention to changing conditions.

5.      Anger management issues – this one I’ve seen more and more of on the Interstate 35 and 80. Road rage is a popular term that doesn’t quite describe what this one is about. I say that because it makes pissed off drivers sound like they have an uncontrollable disease; when in fact it’s all controllable. Even women suffer from it although I suspect men allow anger management issues to creep into the driver’s seat more often.

6.      Deer – OMG! It’s a deer. Yup this is Iowa and when the crop starts coming out of the field so goes their habitat and they must keep moving. Deer are more active at dawn and dusk so watch closer during those times. Especially you who are on motorcycles.

7.      Being in a hurry – especially around the cities of Des Moines, West Des Moines, Urbandale, Clive, Waukee, Ankeny, Cedar Rapids, Iowa City, Davenport, Council Bluffs, Waterloo and Cedar Falls we have people using the interstate system for inner city travel. There’s nothing wrong with it but it does add cars, trucks, motorcycles, delivery vehicles, lawn car trucks and all those other errand types of traffic that seem to add clutter with people in a hurry. Being in a hurry is no excuse for not being courteous, thoughtful, mindful and realizing that you’re now on the Interstate highway system. So slow down and use other roads if you can.

8.      Inexperienced or youthful drivers – You know everyone sees these kids and younger adults driving. We rent parking spaces to high school students and their cars are always so easily spotted. There are a million dangly things hooked onto the rear view mirror, that block the view out the windshield. The driver’s head is down many times because they are texting. Many times there are a bunch of them in the car and that youthful exuberance seems to get everyone talking at once and heads bobbing to the conversation. Since many know they aren’t following their parent’s rules they are always looking around furtively hoping you’re not their PARENT! Anyway you know it’s true and you’ve seen them violating most of these rules of the road.

9.      Not thinking – drivers forget when they get to a construction zone that they need to adjust their attitudes for the changing conditions. The drop in speed limit isn’t just a suggestion. Those road crew workers aren’t crash test dummies; they are real people that actually die if you strike them. Road workers can’t always be watching you so get as far over and away from their area as you can. When you see a road crew, the sign should give that away, adjust your attitude to slow down, pay more attention, look for the crew members and get out of the hurry-up mode.

10.   Fatigued semi-truck drivers – truck drivers are being used by transport companies to fill-out phony logs and we all know it. They will deny it and say I don’t know what I’m talking about. When the truckers are in an accident, and this doesn’t apply to them all, many have phony log books that cover for the company they work for. If you want to keep your job as a truck driver you have to make the delivery on time or else it’s see-ya-time.

Here in Iowa we don’t have a tourism industry like they do in Florida but people still travel through Iowa on I-35 to visit Prairie Meadows to gamble, the Iowa Barnstormers, and the Iowa Cubs, on their way to Ames to see ISU play or on their way to Iowa City to see the Hawkeye football teams. They travel to attend schools at the major colleges like the University of Iowa, Iowa State University, Northern Iowa, Drake University, Des Moines University Medical School, Palmer College of Chiropractic in Davenport or Kirkwood in Cedar Rapids. People travel to all the major hospital systems like Iowa Health, Mercy Medical Center, McFarland Clinic or the University Hospitals and Clinics.  And of course 1 million people travel into central Iowa every year to visit the Iowa State Fair. To visit family, friends or to just attend the Des Moines Metro Opera there are as many reasons to travel as there are people.

Be careful when you travel and pay attention. The life you save may be your own. And if you’re in an accident while in Iowa, even if you’ve traveled from one of our sister states call the Lombardi Law Firm for assistance. We are happy to work with your attorney from your home state.

And for fun today, here’s the Husband Calling Contest, which I’ve never seen or heard!

 Series on I-35 (I-80) Travel from Texas to Minnesota

Steve Lombardi, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266

Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Noble McIntyre, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Jeremy Thurman, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Schuelke, C Brooks, 1717 W 6th St # 375, Austin, TX  (512) 476-4944

Mike Bryant, 1505 Division Street | Waite Park, Minnesota 56387 | T: 320.259.5414 | F: 320.259.5438