The Lombardi Law Firm Blog

Interstate 80, 35, 235, 380, 29 and other U.S. Highway Collisions in Iowa

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

Did texting while driving kill this Iowa teen?

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

Interstate Highway Mystery – Where did that body come from?

Does the OnStar System Eliminate Stolen Cars and High Speed Chases?

Loose Lug Nuts on the Interstate Can Mean Big Trouble

Gear check for staying alive as a stranded highway motorist

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

I-80 Oxford Road Crew Accident Revisited

I drove to Iowa City this weekend for Parent's Day at the Law School. On the return trip to Des Moines Barbara and I passed through this work construction zone at the Oxford exit on I-80. The road work zone seems small. I suspect, although I can't say for sure, that it's on the westbound lanes. Here is our original news story.

We don’t have much information this morning, but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa. The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

One of my clients is a road crew member injured on I-380. Since looking at that case and driving through other Interstate road construction on I-35, I-80, I-235 and I-380 it shocks me how distracted drivers are when negotiating through the construction zone. People driving right up to the orange cones, exceeding the speed limit, talking on their cell phones and allowing so many other distractions while driving that I find it difficult to catalogue them all. On the way home one lady driving a State of Iowa car and the car behind her being driven by a DNR officer are both on cell phones. And I’m not talking about for a few minutes I’m talking about mile after mile after mile. More than 25 miles, which is when I got tired of wondering if she’d put the phone down and drove off ahead. You’d think safety officers would know better. Apparently they don’t.

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

Another Iowa Wrong-way Collsion on I-280

What was distracting both driver and passenger?

The world of personal injury law never rests

Driver Safety: A critical margin of safety from distractions

On March 30, 2009 at 1:30 38 year old Jeffery Hamman of Sioux City hit a semi (drove his pickup truck right into the rear) that was pulled over on the shoulder for a mechanical problem. The semi was driven by 62 year-old Carlos Yon of Miramar Florida. Mr hammon was transported to Saint Luke’s Regional Medical Center for what authorities are saying are “possible minor injuries.

So what could have caused Hamman to drive directly into the rear of a semi-truck disabled on the road side? 

Here are a few possibilities:

Alcohol intoxication of the driver.
Inattention.
Distractions.
Obstruction.
Being in a hurry.
Talking on a cell phone.
Texting on a cell phone or Blackberry.
Picking something up off the floor. 
Adjusting the radio setting or selecting a new CD. 
Watching a small DVD player.
Kids in the back seat.
Food or drink preparation.
Writing a note on a tablet.
Reading a map, book or newspaper.
Combing his hair or putting on makeup. (Yes ladies you know you do this.)
Sliding out of control from some other cause.
Attempt to avoid a deer or other animal. 
Falling asleep at the wheel. 
Getting something out of the glove box.
Spilling coffee in your lap and paying more attention to your pants than to your driving. 
Arguing with a passenger.
Changing clothes.
Looking for or getting your sun glasses.

I've seen all of this in my career as a personal injury lawyer.

 

Rollover accident in Johnson County, Iowa kills one young woman and hospitalizes two others

On March 14^th 2009 Lisa Marie Adams (17), Joseph Daniel Widmer (18), and Brendt Michael Fetzer were headed Westbound on 340^th and lost control entering the South ditch and rolled. Lisa Marie Adams died from the resulting injuries, while Joseph was taken by Aircare to the hospital. An investigation is ongoing. No indication if Adams was wearing a seatbelt.

The time of the crash was 2:55 A.M. at 340TH ST W OF HALF MOON AVE in Johnson County.  Eighteen year old Joseph Widmer was taken by helicopter to the University of Iowa Hospitals and Clinics.

The investigation will likely focus on the toxicology analysis conducted on the decedent, Lisa Adams. First they will examine her blood alcohol content to determine if she had been drinking and was legally intoxicated. The officers have likely interviewed the other passengers to determine where they had been and were heading. Also the contents of the vehicle will be examined to determine if there are any clues that will help explain things. Are there liquor bottles or store receipts with times and contents purchased? Empty, open and full bottles can often time give clues. Drugs in the vehicle can correlate with blood analysis.  Measurements of the tread depth on each tire will be made and along with road surface and weather conditions will be correlated for friction factors. The crush depth of the car, skid mark lengths and impact will be examined to determine speed of the vehicle. The speedometer will be looked at and photographed to see if it stopped on any speed.

Iowa interstate highway crash near Glenwood claims life of elderly Iowa woman

KETV reports that an Iowa woman was killed after driving into a construction area and running into a Caterpilla asphalt grinder along Interstate 29 near Glenwood, Iowa. The woman’s age was 66 and she was pronounced dead at the scene.

The work was being done just north of the Glenwood exit in Mills County, Iowa.

Anderson thrown from truck when it goes off the shoulder at I-235 and I-35 South in West Des Moines, Iowa

Two people on their way to Texas were involved in a car accident at the I-35 South and I-235 West interchange. Bradley Sea, 21 was driving a pickup truck west on I235 and turned right to go around the turn which connects with I-35 South. He went off the shoulder and down the embankment.

His passenger, Cortnee Anderson, 20 was ejected from the truck. She was admitted but is in fair condition at Iowa Methodist Medical Center. The two were heading to Texas.

Being very familiar with this turn, I take it several times a week on my way home, I can say it’s treacherous. The curve is dangerously sharp for the Interstate speed, there is no guardrail to stop a car or truck and the embankment is severely down towards the buildings that set just across the fence.

An aerial map is available through the Polk County Assessor’s website.

The driver is likely to be assessed fault for this collision: loss of control, failure to maintain a slower speed and failure to drive using due care.

What is negligence? As a juror how do I analyze facts when negligence is the issue?

Today’s post is about negligence, what it is and how to view evidence to appreciate what is negligent behavior. Here is a headline and the opening line of a news story out of Indiana.

Snow causes crash and brief

closing of I-65 near Lowell

 

LOWELL | An early Saturday snowstorm is being blamed for a traffic accident that briefly closed a south Lake County section of Interstate 65 and left a downstate man injured.

For years I’ve read headlines and opening sentences in news stories with the lines blaming weather conditions for causing accidents. The idea that snow or weather or even slippery conditions can cause an accident is absolutely preposterous. There is snow outside in my driveway this morning and as I walk to the mailbox to retrieve the morning’s newspaper I notice that the driveway is slippery. The slippers I’m wearing don’t quite fit snuggly on my feet. (Acorn slippers) There is a car sitting in the driveway with snow on it and all around it. So far the snow hasn’t caused an accident. Why not? If snow causes accidents why hasn’t my car in the driveway had an accident? It’s been snowing all night and still there is no accident. The driveway is even slippery and so far no accident. I walked all the way down to the end of the driveway and back and still there is no accident. Maybe I should come back in an hour to see if there’s been an accident. What do you think will there be one? Will I come out to find the fenders crunched and wrecked car?

What’s necessary to have an accident? That’s the place where negligence starts. We need a driver or drivers. No driver and I dare say the car, snow and slippery driveway can coexist all day without having an “accident”.

Now let us turn the discussion to duty. As a juror sitting in a civil car accident case or as the judge will say, a tort case, there are four elements to be proven and then analyzed. The four elements are duty, a breach of duty, proximate cause and damages. Today we are looking at the first two elements, duty and breach of duty. Back to the snow.

As a lawyer with 28 plus years of experience trying civil lawsuits I am confident in saying snow has no duty not to be slippery or to avoid falling on the public highways. I am equally confident in my assertion that no judge would instruct a jury that any law required snow, not to be slippery or on the highway. That I am certain. Drivers on the other hand do have certain duties. A duty is a standard or rule of the road (a law or regulation) that driver must follow in using the public highways. Those duties can include restrictions on speed, when to pass, when not to pass, which side of the road each car should be driving, when to brake and when to make adjustments to the manner in which they drive. Adjustments are the key to this analysis. If it snows and the roadway is slippery the driver must slow down and operate the car or truck in a manner that allows the vehicle to be safely operated. It is the driver who has a duty not the snow. The slick conditions are just that; a condition which the driver must evaluate and adjust his or her driving habits to avoid colliding with other cars, trucks, people, signs, buildings, bridges, culverts and other fixed or moving objects. Drivers are what is needed in my driveway before there can be an accident and it’s those drivers that have the duty and can breach the duty. So when you’re sitting on a jury and someone says that it was the snow or other weather that caused the accident, explain to them how wrong they are and then sit back, hopefully you've wore that power tie or skirt, and see how quickly you’ll become the foreperson.

Here is the full report from Indiana about the snow having caused an accident. While it’s permissible with news reporters to write this way, it’s not proper for lawyers or jurors to think this way. People cause accidents, not weather or cars without drivers.

Snow causes crash and brief

closing of I-65 near Lowell

 

LOWELL | An early Saturday snowstorm is being blamed for a traffic accident that briefly closed a south Lake County section of Interstate 65 and left a downstate man injured.

Indiana State Police said Kevin Tomeo, 30, of Avon, In., west of Indianapolis, suffered head and internal injures. He was transported to St. Anthony Medical Center in Crown Point.

The National Weather Service said Saturday an overnight snow system deposited a half inch of snow across much of Northwest Indiana.

Police said an unidentified passenger car was southbound on I-65 shortly after 3 a.m. Saturday when it lost control on a patch of black ice that formed from snow melt at the 238 mile marker, two miles south of the Indiana 2 exit.

Police said the passenger car pulled out of the skid and continued unharmed, but Tomeo's Jeep Cherokee, which was traveling behind it, lost control when he attempted to brake to avoid a collision.

Police said the Jeep began spinning, hit the guard rail and bounced back onto the highway where it was hit by a 2003 Mack truck pulling a double trailer.

Police said the tractor trailer jackknifed, hit the guard rail on the right side of the pavement and came to a halt, blocking all southbound lanes of travel for two and a half hours.

Police said the tractor trailer driver, Roosevelt Bell, 28, of Park Forest, Ill., was uninjured, but ticketed for driving too fast for road conditions.

The National Weather Service said temperatures will remain in the low 30s, but no more snow is forecast until Tuesday.

 

Highway Safety: Bridges – What is the condition of the bridges in your state, city or town?

Our goal at the InjuryBoard is to prevent injury. To prevent injury let’s examine the available data and government policies that predispose this country’s infrastructure to increased risk of injury. In this post we examine bridges in our states, cities and towns asking the question: Is your hometown beyond the sudden failure and collapse of the I-35W Interstate System Bridge in Minneapolis?

Many parents have to wonder if the bridge your family drove over during rush hour traffic or with an oncoming farm equipment is one of those bridges classified as structurally deficient. You have a right to know.

There are sources available on the Internet where you can examine the condition of bridges in your hometown. There are a couple of different ways to determine which bridges in your community are safer than others. But of course there is no way of knowing if any one bridge is likely to fail because the weight on every bridge changes by the minute. What this information does reveal to us is whether or not failure is more or less likely based on age, existing condition and design that is combined to give each bridge a rating. The ratings go from zero to one hundred with the highest rating being good. A rating below

1. Which bridges in my hometown are not considered sufficient for today’s traffic? (For an explanation of what is and is not structurally deficient or functionally obsolete see the definition below or the previous post Highway Safety - Finding information about bridge safety in your hometown.

Short Answer: Without knowing your hometown there is no way to tell, but you can check those bridges and each sufficiency rating along with the traffic numbers.

2. How do bridges in my hometown compare to the Minnesota Bridge that failed?

Short Answer: Without knowing your hometown there is no way to tell for sure, but you can check those bridges and each sufficiency rating along with the traffic numbers. After you know the sufficiency rating and daily traffic count compare it to the following information. The I-35W Minnesota Bridge is Bridge No. 9340. The bridge catastrophically failed during the evening rush hour on August 1, 2007, collapsing to the river and riverbanks beneath.  

What was the sufficiency rating of Bridge 9340?

The June 10, 2005 bridge inspection report noted Bridge No. 9340 to have critical fractures and cracking.  The June 15, 2006 bridge inspection report noted fatigue cracks in the approach decking and fatigue cracking was noted. On 8/02/2007 the sufficiency rating was a 50 per Minnesota DOT Bridge Inventory Inspection Report for Bridge 9340. Inspection reports were issued in 2005 rating the bridge as structurally deficient and suggesting replacement. See the U.S. Department of Transportation's National Bridge Inventory database. Problems were noted in two subsequent inspection reports. [42][43]

Makes me wonder whether we can trust the engineers calculations.

3. How big is the bridge problem in the United States?

Short Answer: I’m not sure anyone can really say. We have sufficiency ratings based on data but with weight on the bridges changing by the minute how can anyone really be sure of the rated condition? For the most part bridges that are unsafe are either replaced or have the use restricted.

I’ve commented in the past about how after going to law school no lawyer can ever look at the world in the same way. We know too much and little things mean a lot to us. What I’ve learned from reading about bridge safety ratings is that when you see a sign limiting the weight of trucks that are allowed to use a bridge, that’s a pretty good indication the bridge, is structurally deficient. Knowing that of the 600,000 public road bridges listed in the National Bridge Inventory, roughly 12%, or 74,000, are classified as structurally deficient, you shouldn’t be scared but you should be concerned.

So where can you check on the function and structure of the bridges you drive on? You can find the rating of any bridge in your state at the AASHTO site where the information is listed by state and hyperlinked.

Highway Safety: Which States have the absolutely worst bridges?

Today we will look at how your state ranks against other states for number of bridges needing replacement. See how your state stacks up against the rest.

How does your state ranks against other states for number of structurally deficient and functionally obsolete bridges?

To see how your state ranks against other states for number of structurally deficient and functionally obsolete bridges visit the U.S. Census Bureau’s listing of the inventory.

My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.

TRIAL PRACTICE

What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

How can I make my civil trial practice more effeciient during the initial interview process?

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

DEFAMATION - LIBEL AND SLANDER

My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

BEING A CLIENT

Ex-wife's lawyer subpoenaed my mother's bank account without notifying her or me three days before hearing. The bank honored the subpoena witch was just a fax cover letter with attorneys name. I had no lawyer, the court then appointed me a lawyer. Then rescheduled hearing for 2 and a half weeks latter. The next hearing her attorney dose not use my mothers subpoenaed account but instead shows up with my current wife's bank records again without notice to her or me or my lawyer. MY lawyer move to have it throne out judge allowed it but said both lawyers write a brief on the case show casing their point. My lawyer asked for relief based on violation of civil procedure. My lawyer said that she would be unable to pursue this case any further because being court appointed her job was done and even though the cases were related that it was a different case. My question is did my bank violate the right to financial privacy act by honoring a invalid subpoena? Can I sue her lawyer for civil procedure violation?

What is the procedure for serving a small claims court notice? Can a sheriff's deputy forcibly enter my house? Can they entrap me in my home by parking in my driveway so that I can not leave? Can they throw the notice at me and yell, "You've been served?"

Are secretly taped conversations admissable in a court of law?

General

Should I call the injured worker's lawyer?

Where can I contact Miller Fall Protection?

more

						Deficient and obsolete
	Post						Structurally		Functionally
State	Office	5-DIGIT	2-DIGIT	Number			deficient		obsolete
	Abbrev-	FIPS	bridges condition highway iowa ratings safety States sufficiency United Construction Site Accidents 7/16/2010 Steve Lombardi Comments (0) Another flagman at an I-80 accident narrowly escapes being hit If you're a road construction worker you have one of the most dangerous jobs on the planet. We discuss another accident that killed a 20-year-old driver who nearly struck a flagman beforre slamming into an emergency vehicle. Labels: accident Commentary construction flagman highway I-235 I-35 I-380 I-80 law lawyer Lombardi road workers 9/18/2009 Steve Lombardi Comments (0) Illinois Highway Construction Worker Backed Over A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up. The dump truck driver is 75 years old. This is a situation I’ve blogged on several times on The Verdict. Just today we posted on older drivers and how old is too old to be driving. Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges In other posts I’ve talked about road construction worker safety and traffic risks. The Verdict, Construction Site Accidents Highway Workers are at risk of being killed while repairing the nations roads - be careful And in other posts I’ve discussed backing-up accidents that kill workers and pedestrians. Truck Accident Prevention: Garbage truck backing over woman may be an accident but it is preventable. Construction Accidents - Backing up and rear warning devices. Safety should never go on break. Labels: attorney back-up construction death highway injury iowa killed lawyer Lombardi workers Injury - Property Defect-Animals 11/20/2009 Steve Lombardi Comments (0) Is anyone at fault when their property ends up on the highway? Who’s to blame when a stray cow comes in the path of a moving vehicle? I’m sure that’s just what the family of the driver of a semi trailer is asking today. At about 2:15 a.m. on Tuesday October 20th 2009 a still unidentified man hit a cow in the middle of Iowa Highway 14 between Chariton and Millerton. After the truck hit the cow it went into a ditch and then into a creek. Apparently the truck driver died. In rural Iowa this isn’t such a rare occurrence. Labels: animals attorney collision death highway injury iowa lawyer Lombardi roaming Wrongful Death Cases 4/21/2009 Nick Lombardi Comments (0) Pierce is entitled to receive both work comp and negligence damages Even though a fiancé’ is not entitled to death benefits under Iowa law a dependent (unborn) child is entitled as is Pierce's (the driver’s) estate.  This is another example of an accident that results in the death of a driver while working and there are two sets of claims to pursue.  The one set of claims involve the Iowa workers compensation act benefits for dependents and the other set of claims are for negligence related damages from the other driver (in this instance the likely defendants would be the driver that crossed the center line, reported as William Crookshank, 47, of Randolph, Minnesota and his employer) that crossed the center line after rear-ending the semi truck in front of him.  Robert Pierce is the driver that died, likely instantaneously. While practicing in Waterloo in the early 1980’s I settled a case for a woman who was on her way back home from the hairdressers to put on her wedding dress. She was to be married that day within hours of her face being smashed through the windshield of the car she was driving. The law in Iowa does not allow non-married couples to seek consortium damages, even when all that is left to do is have the ceremony. The dependent unborn child is a different situation and an interesting one.  There is no full report from the Iowa State Patrol, at the time of this writing. Labels: attorney collision death Grand Junction head-on highway Highway 30 injury Interstate iowa lawyer personal unborn child unmarried fiance Quick Contact Name: Phone: Email: Tell us more: Lombardi Law Firm 1300 37th Street, Suite 6 West Des Moines, IA 50266 Phone: 515-222-1110 Toll Free: 800-383-0331 Get Directions Search www.lombardilaw.com Web News Iowa State Patrol Fatality Reports for Saturday, September 4, 2010... 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Posted on 8/8/2010 view all Resources Workers' Compensation OSHA on Sodium Hydroxide Iowa work place injuries Workers' Comp Insider I-35 I-80 I-235 I-380 Collisions/Accidents TruckieD or TD, Our OTR Truck Driving Blogger Car and Tractor Trailer Accidents 18 Wheeler Accident Blog, Texas Lawyer 18 Wheeler Accident Blog, Texas Lawyer Rural Roads Safety - The Slow Moving Vehicle Symbol Large Damage, Major-Serious Injury and Death Cases Marler Blog - Food Safety and Food Poisoning TBI Resource Guide Spinal Cord Society Cheerleading Safety and the Law of Cheerleading Title IX Blog CHEER RULES – AYC REGIONALS & NATIONALS The Spirit Consultants What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error? Is this tool the cure for wrong-site surgery and other OR errors? 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Construction Site Accidents: Construction site equipment demonstrating the use of heavy equipment New York City Iron Workers Ironworkers - What does it takes to be an ironworker? Tort News: FDA News - Recall of Sprint Fidelis Cardiac Leads Heart device recall by Guidant and Medtronic Medtronic Recalls Certain Defibrillators (April 2005) Practice Tips: Law Marketing Firm | 6 Power Tips for Creating a Law Firm Marketing Plan: Part 1 Law Firm Marketing | 4 Myths that Keep Attorneys from Building a Referral Based Practice The Virtual Law Firm General: Car Accidents - Crash test for a 2007 Mazda CX-7 more FAQs Workers' Compensation I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair.   Why does the defense attorney want my tax returns? Will working overtime or holidays change my weekly workers' compensation check? I-35 I-80 I-235 I-380 Collisions/Accidents Is the driver of a motor vehicle responsible for his/her passengers actions? Recently, while behind a moving vehicle that had to stop quickly, my 16 year old daughter lightly hit the rear end of the vehicle. There appeared to be no damage to either vehicle but my daughter gave the other driver her name, phone number and insurance info. Later that day the driver called and said that after she washed her vehicle (a 2004 black Malibu) she found several scratches that she says has to be from my daughter barely hitting her. She now wants us to pay for the damage. She says she has an estimate of $350.00. What do you advise us to do? After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I do? Wrong-way Interstate and Highway Collisions in Iowa  What are the causes of wrong-way drivers, aka “ghost riders”? What else needs to happen to reduce wrong-way collisions? How can drivers avoid wrong-way driving? Pedestrian Collisions Causing Injury and Death Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off! I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working. I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem! Thanks so much, Sarah My mom was crossing street in crosswalk. She was one step from stepping UP on the curb when a car came around the corner and struck her. She seriously injured and taken to hospital. She suffered severe brain trauma and was in ICU for 5 days before we had to let her go. The police said they did not drug or alcohol test the driver. Isn't that a law in Iowa to make sure they do that? How can a pedestrian avoid being hit by oncoming traffic? Car and Tractor Trailer Accidents I filed a claim with my insurance comp. on my truck now they are sending me a payment for the repair of the damage the person did and taking the other person to court for the money for the damage. Do I have to repair the damage on the vehicle or can I keep the money for something else?     My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts. In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing. Large Damage, Major-Serious Injury and Death Cases If my son breaks his hand and is admitted to the hospital for a "few" days, what are my options for time off work? What are the legal consequences in altering a prescription prescribed by a doctor? Police Brutality: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it? Cheerleading Safety and the Law of Cheerleading My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad. Are there any safety standards for high school and college cheerleading coaches? Is cheerleading a contact sport? Work-Comp For Doctors! I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair. How can the doctor make the Iowa workers' compensation case easier? As a physician what can I do to make everyone's job easier? What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error? Is it legal to perform a tubal ligation without written consent? Motorcycle & Bike Accidents What is uninsured or underinsured motorist coverage on my auto insurance policy? What are some of the things I’ll need to prove a car accident claim? If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages? Construction Site Accidents If a construction worker falls to his death, what if anything can be done legally? There is a stress tag on the lanyard I use on the construction site. What is it for? Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998? Injury - Property Defect-Animals If I hit a Farmers Cow going down the road am I responsible? I have a neighbor who has several dogs (over the legal limit for our state) and does not always keep them on a leash. I have made several complaints to "Animal Control" through our police department, but nothing ever gets done about this. I have to walk to the house next door to them to drop my baby off at the sitter. If one of their dogs attacks me do I have grounds to sue, and if so, who would I sue? I fell in a manhole and the city of des moines and waterworks are fighting who will take the blame do i have a good case? Client Trial-Deposition Preparation Do I have to attend the deposition? What is a deposition? What is an Interrogatory? Tenant-Landlord Relations On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated. Must we return a rental deposit if the property burned to the ground? My wife wants a seperation, i told her thats fine but im not leaving the house who has to leave? Civil damage lawsuits and criminal law deaths, OWI and drunk driving Why in the first 10 days after an OWI arrest is it important to see an attorney?  Why are the first 10 days so important? What will I lose if I wait till day 11? What happens during the first ten days after I've been arrested for drunk driving? How do I find an Iowa OWi or drunk driving lawyer to defend me? Criminal Law Commentary - Todd Miler What information will a lawyer need at an initial interview for a criminal defense? How much does it cost for a criminal defense? MOTORCYCLES, TRUCKS AND AUTO WRECKS After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that? WORKPLACE INJURIES If I'm hurt at work what benefits am I entitled to receive? Why is it important to tell my supervisor about being injured? I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply. WHAT IS FAULT AND NEGLIGENCE? School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction? How can you prove fault or negligence against a railroad? The train was stopped for a long long time and I ran into it. Are they at fault for blocking the roadway? Can an 8 year old be found to be negligent? PROPERTY CASES I need my name off of a mortgage on a house I no longer live in. I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?