The Lombardi Law Firm Blog

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.

What should I do if I strike a black cow in the roadway in rural America?

As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you.

Polk County Car Accidents

As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you.

Iowa Fatalities

As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you.

Iowa Car Accidents Causing Injury and Property Damage

As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you.

Are sink holes possible on I-35 and I-80 in Iowa?

For those driving through Kansas City, Missouri know that westbound I-70 to westbound I-435 there will be detours and delay, due to a sinkhole that developed. A full lane of travel has fallen off this five-lane section of road. See KMBC-TV for the full story and before leaving on a trip travelling through KC check the MoDOT site for updated road conditions.

Another I-35 Road Construction in Iowa is Coming

There are other projects more important to people from around the state of Iowa. The other road work is listed in the Des Moines Register and includes those listed below. WHO also carries coverage for Road Work. A printable state projects list and map can be obtained online with the Iowa Department of Transportation.

Big Brother on I-235, I-80 and I-35; Coincidence or a sense of humor?

Did George Orwell place the 84 cameras on the interstate in Des Moines? George Orwell wrote a book that was later turned into a movie. The title is Nineteen Eighty-Four. In the book, written in 1949 the thought police control society not so much for what they have done, but for what they are thinking. What we have is a police state trying to control the population by discovering and then reeducating (or eradicating) those who think in ways contrary to the wishes of the controlling and powerful few.

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.

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.

Driving on I-35 from Texas to Minnesota - Speed limits

Speed limits in the US are set by each state or territory. The speeds chosen depend on a designation selected according to the type of road or the area surrounding the highway. In Iowa for instance we have I-80 and I-35 joining together for a 15 or 20 miles stretch as these roads wrap around Des Moines in central Iowa. Along this conjoined interstate highway the speed drops from 70 to 55 mph. Trucks are allowed to drive at the same speeds as cars when on the freeway.

Loose Lug Nuts on the Interstate Can Mean Big Trouble

The report is about an accident in Dallas on I-35 where you have a semi-truck losing a wheel that strikes a minivan with a child passenger who is injured and taken to the hospital. Which leads me to wonder about how the wheel came off? The report is that a tire came loose and became a projectile but that’s nearly impossible. It’s important that we report things accurately in order for people to understand what went wrong and how to avoid a wheel coming off.

Interstate Highway Safety - Driving Distracted

Driving carefully may not be enough to save your life. After all you just might be a passenger and not responsible for driving any vehicle. On the other hand I like to remind my children that sometimes it's not what you do or don't do, but the other drivers who are the one's who are driving distracted. And they can be the ones who ultimate cause the collision and wreck your life. I guess being a personal injury attorney let's you see many types of collisions out there and there isn't a crash scenario that you can't conjure up in your mind at any point on the highways. I don't know maybe I've been doing this too long?

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.

Gear check for staying alive as a stranded highway motorist

Since the beginning of December we’ve had I-35 and I-80 closed on multiple occasions due to a storm. The first closing was for a really bad storm and the next day showed why it was closed. There were cars stranded all along the highway. I wasn’t exactly sure how those motorists safely walked their way off to safety but they must have because the cars were empty. Perhaps someone with a four-wheel drive vehicle gave them a ride. We’ll never know, but it got me wondering, how motorists stay alive when stranded.

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?

Control the distractions and speed and the tree will not be a problem

But here is what I wonder, what was the driver distraction or was it just a factor of speed. Young drivers need to understand driving on the highways of Iowa is about control, speed and driving without distractions. That is what will keep you alive. Control those three things and chances are you can control your risk of an accident.

Distracted Driver Runs Right Into Police Cruiser

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation.

This is one of those types of crashes we are seeing more and more of on the Interstate highways: I-80, I35, I235, I380 and all the other parts of Iowa's interstate highway system. As the accident causes accumulate distracted driving is the number one, two or three cause. It's got to be right behind drunken driving or speeding. Many that we see are by drivers distracted with cell phones, either because of talking or tweeting or texting. I wonder what this one was about. What was the distraction that caused this young man to run right into a police car?

Yesterday as I was driving by an elementary school where parents must have been attending a school activity the function ended and we all drove off together in a line. As we turned onto the main drag, University Avenue, I got in the left lane to pass them. I passed six cars in a row and every one of the drivers was a parent with a cell phone glued to their ear. With the cell phone being held to your left ear the driver's hand creates an added blind spot by the hand and arm. You can see how the driver is required to turn their entire body to see the left side if they want to see what's coming to the left. These are all distracted drivers who can cause an accident, and injure others or kill pedestrians.

And that's why personal injury lawyers aren't going anywhere. This is why people will continue to need more personal injury lawyers who care about their clients and understand the business of personal injury legal work. There will always be those who want us gone or who work through large advertising campaigns to convince people the problems are all the lawyers' fault.  And people can choose to believe that, at least until it's them that are struck by a distracted or drunk driver. And then they need Lombardi Law Firm and alll the other law firms that make up the InjuryBoard, because when you come right down to it, we aren't the problem we are a part of the solution. When you're in an accident, call us at the Lombardi Law Firm and we'll use our 30 plus years of experienced trial work to assist you with your fight against distracted drivers.  For more information about the types of distracted drivers read the other blogs at the Des Moines InjuryBoard site.

Welcome Mr. Scott you're now a member of the distracted drivers' club.

 

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

I-35, Interstate Iowa Accidents and Pride in Being a PI Lawyer

They will tell you I'm not supposed to be proud to be a "PI Lawyer". I am and I make no apology for being one or for that matter being proud to be one. And until people remember the meaning of do until others as you would have them do unto you, you won't understand why until you need a personal injury lawyer.

So what is a personal injury lawyer?

 

A personal injury lawyer is one who works for the injured person after they’ve been involved in an accident. In this instance these personal injury lawyers have gotten together to discuss the types of personal injury claims that occur on the interstate highways between Minnesota and Texas. That highway of course is I-35.

 

What personal injury lawyers do is a daily struggle of battling against the enormous financial power of the insurance industry. They help you navigate through the mixed signals and demands of different insurance companies. For instance after you’re in a highway wreck you end up having a tow bill, a storage bill, a car damage claim, probably medical expenses and certainly time off from work. Your claims originate in one state, not the one in which you live and you need to figure out how to get answers and in what order those questions need to be answered. Literally you find yourself sinking in demands of several insurance adjusters with no one assisting you. That is where the personal injury lawyer is helpful.

 

We live this day in and day out. We take over the hassles that you find overwhelming. Where you feel like you’re being pushed around by the other guy’s auto insurance company, your own insurance company and the health insurance company, we push back and direct traffic. Personal injury lawyers are here for you, your spouse and family and all those whose interests aren’t opposing to your own. The most important question you can ask is “Are you on my side?”

 

How many years have you been handling personal injury legal work?

Do you have other lawyers in the state where the collision occurred that you can work with to get my case handled?

Do you like doing this kind of work?

Do you have a blog where I can read what you’ve written?

How do you handle these cases?

 

You will hear the insurance industry malign personal injury lawyers and you will hear politicians run on platforms with tort reform planks, but when it comes to your personal injury claim none of them are helpful or there to assists you. The fact is you can’t even believe your own insurance company adjuster can be trusted. Why, because if the other guy hasn’t enough insurance coverage you’ll need to file an underinsured motorist claim. And if the other guy doesn’t have any insurance you’ll have to file an uninsured motorist claim. That means you’re insurance company is your opponent; and trust me on this one, they understand that perfectly. In 30 years of practicing law I can tell you what and how they will treat you. Your own insurance company may even hire a lawyer for the at-fault driver, that’s the guy that hit you and caused you injury, to beat your claim so that they don’t have to pay you anything under your own policy.

 

That’s the way this system works. So now you know why they really don’t want you hiring a “personal injury lawyer” and why they’ve spent so much money convincing you personal injury claims are a bad idea.

 

Here is our series so far:

 

Why Hire a Lawyer After an I-35 Collision? | InjuryBoard St. Cloud ... Why Hire a Lawyer After an I-35 Collision? ... St. Paul, and Twin Cities here in Minnesota, but cuts across the country as I-35.

 

How you Find an lawyer after an I-35 accident. Brooks Schuelke

 

Injured in an I-35 Accident? Real Life Reasons You Need an Attorney, Posted by Jeremy Thurman October 22, 2009 2:26 PM

 

Finding a Personal Injury Lawyer for an I-35 Car Accident ... Finding a Personal Injury Lawyer for an I-35 Car Accident.

Distracted Drivers' Conference May Ban Cell Phones while Driving

In Washington a government meeting was held September 30, 2009 to discuss the growing issue from this past 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, follow the link. Iowa has not banded or restricted the use. If you're a younger adult or a teenager look at this chart because it will almost certainly be different when you look at it after next session or the next.

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. Common sense went out the window a long time ago and people need someone to tell them what to do behind the wheel. Drive down the street any day at any time and you're sure to see someone driving erratically with cell phone in hand.

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”.

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.

Speed Kills On Iowa's Interstates, I-80, I-35, I235, I-380

I have to admit to liking speed; driving fast, I mean really fast has a certain thrill to it. The fastest I’ve ever driven is 134 m.p.h. Where? I’m not saying, other than that it was an isolated area of Iowa. I was driving a Porsche Boxster S. Very sweet ride.  There is something about driving fast that is a thrill, but I realize that speed can kill. The faster you’re driving the longer it takes to stop. The faster your car is going the less time you have to react to unforeseen circumstances. And the faster you are driving the less control you have over the car. Most street cars aren’t designed for high speeds. The tires on most sedans aren’t Z-rated, meaning they are little skinny tires with not much tread on the road’s surface. That means once you’re out of control you’re really out of control with little hope of getting the car back in control and with the shiny side up.

I learned to drive when I was 15 and was taught that for every ten miles an hour you’ll need at least one car length to safely stop without rear ending the car in front of you. When I’m driving and in the rear view mirror can’t see the license plate of the guy behind me, I know he’s too close to stop without rear ending me. On the Interstate that’s just dump.

Follow the link and ake a look at a speed chart; it’s a quick way to determine skid lengths and stopping distances. I’ve listed links to skid mark calculators on the Lombardi Law Firm website.  Here is another speed chart for our European readers.

What if you want a quick and dirty estimate? You could use a speed chart such as the one offered by Technical Services - Forensic Engineering. TSFS offers course for attorneys for The Science of Accident Reconstruction. Look at this chart and study it; you’ll see that you need distance with speed and have less time to react to what isn’t going to be a pleasant ending.

Being in a hurry doesn’t help. Texting or talking on the cell phone just makes it worse by adding distractions and reducing the time you have to evaluate the situation and realize you’re about to get in trouble.

In the United States we’ve raised the interstate speed limit from 55 to 70 and in some parts 75 mph. During this period what has happened with the number of deaths? Is it 80 or “whatever” in Montana? Take a look at what one researcher wrote about the increased speeds and statistically the increasing dangers.

The University of Illinois School of Public Health studied accidents from 1995 to 2005 to determine the impact on the speed increase on accidents. The study examined deaths and injuries in fatal car crashes on rural interstate highways, urban interstates and non-interstate road, and found the speed increase resulted in 2,545 deaths and an additional 36,582 injuries.

All told, the study found that deaths and injuries increased by 3.2% over the ten-year period, while rural road deaths increased by an alarming 9.1%. Lead researcher Lee S. Friedman says the easy way to solve the increases in deaths and injuries would be to drop the speed limit back to 55 mph, adding "Researchers have demonstrated that lower travel speeds and death tolls usually follow lowering of speed limits, and higher travel speeds and death tolls follow increases in speed limits."

See, STUDY: Raising national speed limit has resulted in 12,500 deaths.

In 2006, 42,642 people were killed in the estimated 5,973,000 police-reported motor vehicle traffic crashes, 2,575,000 people were injured, and 4,189,000 crashes involved property damage only.

See Traffic Safety Facts, Updated with 2008 data.

From 1996 to 2006 on average between 42,000 and 43,000 people die each year in the United States from car collisions. During that same period between 3.5 and 2.5 million people were injured. The good news is that the number of injuries from crashes is decreasing.

Speeding is reported in the Fatality Analysis Reporting System (FARS) as a driver-level attribute that combines “driving too fast for conditions" or "in excess of posted speed limit.” There is a growing need to parse out these two factors, especially for those designing countermeasures. The report, using data from the State Data System quantifies the extent of these two aspects related to speeding using data from six States whose police accident reports actually parse these out. The result of this analysis shows that this really depends on the severity of the crash. In fatal crashes, about 55 percent of all speed-ing-related crashes were due to “exceeding posted speed limits” as compared to the 45 percent that were due to “driving too fast for conditions.” The comparable percentages for speeding-related injury crashes were 26 percent versus 74 percent and those for PDO (property-damage-only) crashes were 18 percent versus 82 percent.

The second aspect examined in this study is how these crashes, which related to the factors “driving too fast for conditions” or “ex-ceeding posted speed limit,” were affected by roadway environments. It shows that the speeding-related crashes that were due to “driving too fast for conditions” were more likely to have occurred on roads with higher speed limits (50+ mph) as compared to other crashes. Roadway environments analyzed also include: roadway surface conditions, roadway alignment, and intersection/intersection-related roadway segment.

An Analysis of Speeding-Related Crashes: Definitions and the Effects of Road Environments

Certainly this isn’t the goal we have in the United States. I too want to get there faster and God knows I hate driving 55; it seems to take so much longer to get to where I’m going. But the math indicates otherwise.

Read what this writer had to say about driving too fast and how often that is the precipitating cause of fatalities in car and truck accidents.

Speeding is one of the most common contributing factors of traffic crashes. Data extracted from the Fatality Analysis Reporting System (FARS) show that the driver-level attribute “driving too fast for conditions or in excess of posted speed limit” is the critical contributing factor in more than 99 percent of all speeding-related fatal crashes, as defined by the National Highway Traffic Safety Administration. A marginal number of drivers were determined to be speeding through citations of speeding violations reported to FARS.

In this study, two aspects related to speeding-related crashes are examined. One is how each of the two individual factors, “driving too fast for conditions” (DTFFC) and “exceeding posted speed limit” (EPSL), contributed to speeding-related crashes. The other aspect is how these speeding-related crashes, which related to the factor DTFFC or EPSL were affected by road environments. Road environments examined include: posted speed limit, road surface conditions, road alignment, and road intersection/intersection-related. Data from NHTSA’s State Data System (SDS) was used in the analyses. ••••••

In fatal crashes, about 55 percent of all speeding-related crashes were due to EPSL as compared to the 45 percent that were due to DTFFC. A marginal number (about 0.4 percent) of all fatal crashes were determined to be speeding-related through citations of speeding violations issued to the driver. In speeding-related crashes that resulted in one or more injuries, about 26 percent of the crashes were due to EPSL as compared to the 74 percent that were due to DTFFC.

…. The variance of the population density, road speed limit, weather conditions, economic status, education level, etc. among the States might have played a role in this difference. Speeding-related crashes that were due to DTFFC were more likely to have occurred on roads with higher speed limits (50+ mph) as compared to other crashes. Speeding-related crashes that were due to EPSL occur on either lower speed limit (less than 50 mph) roads or higher speed limit (50+ mph) roads as compared to other crashes.

In speeding-related crashes that were due to DTFFC, the relative proportions of crashes that occurred under adverse road surface conditions (“Snowy/Slushy/Icy/Slippery” and “Wet”) were much higher during cooler months (December to March), as compared to other crashes. This seasonality was relatively weak as a contributing factor in speeding-related crashes that were due to the factor EPSL.

The relative proportion of crashes that occurred on the curved sections of the road was much higher in speeding-related (DTFFC or EPSL) crashes. There was no important variation of this relative proportion across the month of the year. Speeding-related (DTFFC or EPSL) crashes were more likely to have occurred on non-intersection/non-intersection-related stretches of roads. There was no important variation of this relative proportion across the month of the year.

And the author opined, exactly what we discussed above:

Speeding is one of the most prevalent factors contributing to traffic crashes. It reduces a driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while a driver reacts to a dangerous situation. Higher crash speeds also reduce the ability of vehicle, restraint system, and roadway hardware such as guardrails, barriers, and impact attenuators to protect vehicle occupants.

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

Table 1: Speeding-Related Fatal Crashes

by NHTSA Definition During

2001-2007

Driving Too Fast for Conditions or

Racing*

Speed-Related ** Offenses

Year

In Excess of Posted Speed Limit*

(Since 1998)

(Since 1997)

Total

Number

%

Number

%

Number

%

Number

%

2001

11,179

99.21

38

accidents or collisions attorney I-235 I-35 I-380 I-80 Interstate iowa lawyer Lombardi 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... Posted on 9/5/2010 Iowa State Patrol Injury Reports for Saturday, September 4, 2010... Posted on 9/5/2010 I-380 Pedestrian Struck and Killed... Posted on 8/30/2010 Is your motorcycle or bike insurance enough to cover your life?... Posted on 8/26/2010 Iowa State Patrol adding more troopers to Deadly Stretch of I-80?... Posted on 8/25/2010 Royal Links USA Claim Form and Victim Impact Statement... Posted on 8/23/2010 Truck Rear-ends Semi Killing Driver... Posted on 8/20/2010 Titan Workers Electrocuted, Was Lock-out-tag-out being used?... Posted on 8/17/2010 I-35 Flooding on Iowa DOT Temporary Flood Cams... Posted on 8/17/2010 Pedestrian on I-380 is struck and killed... Posted on 8/16/2010 Jasper County, Iowa (Newton) crash kills six... Posted on 8/15/2010 US: Firms must spell out workers' benefit rights... Posted on 8/15/2010 Dan Schorr... Posted on 8/10/2010 WikiLeaks... Posted on 8/10/2010 Head-on Car Accident in West Des Moines on 42nd Street... Posted on 8/8/2010 Fairbank Fatality - Investigators will ask was drinking involved?... Posted on 8/8/2010 Single-Truck Accident can be a Workers' Compensation Case... Posted on 8/8/2010 Lyon County Cow Causes Fatality of Cycle Rider... Posted on 8/8/2010 Out-of-State Auto Accident Pose Difficulties for the Injured... Posted on 8/8/2010 Who was driving the car?... 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? American Academy of Orthopaedic Surgeons (AAOS) Wrong-site Surgery Advisory Washington Post - Medical Errors, Wrong-site Surgeries Motorcycle & Bike Accidents Harley-Davidson Forums Harley-Davidson's Zylstra in Iowa Harley-Davidson USA Construction Site Accidents Daily Commercial News Protective clothing and footwear Construction Safety Equipment Injury - Property Defect-Animals See Lyle E. Schneider, et. Al. vs State of Iowa, No. 07-0887, September 3, 2010, Iowa Supreme Court National Dam Safety Program "Does my state have a dog leash law?" Civil damage lawsuits and criminal law deaths, OWI and drunk driving Los Angeles Criminal Defense Attorney Ridin' Dirty - The Radio Talk Show Criminal Law Commentary - Todd Miler Iowa Cold Cases Blawgs and Blogs Des Moines InjuryBoard Blawg InjuryBoard.com Civil Procedure Prof Blog Toolbox for Clients LawGuru Consumer Product Safety Commission Injuryboard.com Toolbox for Law Students Gilbert Law Summaries - The book law profs will tell you don't need to read. Government Sources The White House - The Red Phone! Activity in Congress USA.Gov Toolbox for Trial Lawyers Above the Law Litigation & Trial Iowa Association of Realtors - Online Forms (PW required) Law Firms In and Outside of Iowa TENNESSEE - LAW OFFICES OF MORGAN ADAMS Michigan DWI Laws KANSAS - Warner Law Offices News Sources US Newspapers The Des Moines Register Newspaper Other Yahoo Maps Vehicle Speed and Stopping Distance Calculator The Library of Congress Other Resources Transocean rig explosion view all Videos Workers' Compensation: Tort reformers think safety on the job site is a funny issue. Rescue Crew Worker Safety: Highway collision Workers Safety: Trench Collapses on builder worker Motorcycle & Bike Accidents: Motorcycle Crash - Police Roadblock of Escaping Bankrobber What happens when a motorcyclist traveling over 100 mph runs into the back of a semi-truck? Two motorcycle riders collide. 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?