The Lombardi Law Firm Blog

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

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

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

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

I-29 Motorcycle Accident Kills 4

Iowa Car Accidents Causing Injury and Property Damage

Should Blogging Be A Part of Iowa's Teen Driving Experience

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

Iowa's Personal Injury Accident News

A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence.  Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames.  Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

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.

Road Rage Starts Before You Put the Car in Gear

This collision took place a little while ago, but I saved the news article for today's safety post. He was 42 and she 36. Their 7-year-old daughter was home while they were out riding their tandem bike along a Texas roadway. A car came up from behind and struck them while riding on the shoulder of Texas State Highway 16 in Bexar County. The accident happened at around 10:45 a.m.. The pickup truck drug the bike 200 feet from where they collided.

The police didn’t suspect alcohol played any part. They say the driver lost control of his F-150 pickup truck before veering off the roadway onto the shoulder and then striking this mother and father.

And why were they out riding? Because several years ago they were involved in another accident; a head-on collision where they almost died, were severely injured and needed to keep in excellent physical condition. The workouts helped them physically and mentally I’m sure.

The legal issues, as well as the social issues are speed, lookout, driving with due care and being a distracted driver. What’s with not slowing down as driver’s approach a slower moving vehicle or in this case a bicyclist? I’ve noted a certain level of anger displayed by car and truck drivers toward those sharing the road on a bike. It’s not just foolishly ridiculous, it can be criminal. For a second forget the people on the bike and think of the child waiting at home. Some Iowans recently started a petition asking the legislature to prohibit bicyclists from riding on county roads during the harvest. With America trying to “Go Green” to save fuel and with the economy in the tank it’s difficult to support such a measure. I think what should happen, would include people putting down the digital distractions and paying attention to their driving.

How about the driver recently charged with playing a video game while allegedly driving with his knees.

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

By the way, these two people were wearing bike helmets and it didn’t save their lives. It’s pretty sad for the daughter.

I’ve been struck by a truck while riding a bike when training for a triathlon. Here is a video example of a small motorbike-car crash. It’s pretty graphic so avoid it if you’re easily bothered by such things. The second video is a bike rider not looking where he’s going and swerving into a car’s front fender. He was lucky he didn’t get run over after the first collision. Folks give the road rage a rest. Your attitude is set the minute you get into the car. So before you put it into gear, sit for a second, relax and leave whatever is bothering you out of the driver's seat. An angry driver does rash and stupid things.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.  Today we examine Elizabeth, New Jersey’s pedestrian collision involving a firefighter.

Elizabeth, New Jersey - January 2009 – An early morning house fire placed firefighter Gary Stephens in the situation of directing fire trucks at the scene. As a veteran firefighter he found himself standing as a pedestrian behind a fire truck where he was run over. Whether the rear-warning alarm was working is unknown. As reported the fire was started by a homeless person attempting to stay warm.

http://wcbstv.com/video/?id=122076@wcbs.dayport.com

http://wcbstv.com/video/?id=122090@wcbs.dayport.com

http://wcbstv.com/video/?id=122067@wcbs.dayport.com

It’s a very sad story, one that was probably avoidable but without a full report there isn’t much to go on. They never did say if the backup rear warning device was working. Although that may have helped we can’t be sure due to sirens probably being used at the same time.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Salt Lake City, Utah, March 2009 – Back to Salt Lake where we have a 53-year-old man steps out from behind a parked truck, when an oncoming driver looks away, swerves and strikes the man causing his death.  Police point to speed of the car and inattention of the driver are partially to blame. In this case it seems we have a little fault all the way around. Notice the pedestrian and driver never made eye contact where there is that moment of recognition that each knows of the other’s presence. If the pedestrian doesn’t have the driver’s attention or acknowledgement that he knows the pedestrian is there, then the pedestrian shouldn’t assume the driver sees him.

Willis, Texas – Walking on the interstate highway is never a good idea. In this instance a pedestrian walking on an Interstate Highway 45 was struck and killed around 12:30 Sunday morning. This section of the interstate was described as a desolate stretch of the freeway.

Lakeland, Florida, March 7, 2009 – An unidentified man, not carrying his wallet, was struck and killed by a 2000 Mitsubishi car, while trying to cross the street in Lakeland, Florida. The accident occurred around 7:10 p.m. The car was driving south so the sun wouldn’t likely be a factor. A Mitsubishi is a low car, at least some models and it makes driving them difficult. Speed could be a factor as well as the pedestrian running quickly from a side angle.

Dangerous Ditches on Rural Iowa Farm to Market Roadways

On October 7^th 2009 the Plymouth County sheriff’s office said that its deputies found the body of 29 year old Michael Ahlers while investigating a report of a car in the river. It is being reported that the car was partially submerged in the Little Sioux River. The investigation remains open however authorities are stating that they do not believe foul play was involved.

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I've previously written about rural ditches and how dangerous they are when cars, trucks and motorcycles leave the county roads. Here are a few stories I've previously written.

• InjuryBoard Des Moines Archives | August 2007

Steve Lombardi | August 31, 2007 12:00 AM | 0 Comments Category: Motorcycle Accidents ... bound on P53 when he lost control of the bike around a curve and rolled into a ditch ...

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• InjuryBoard Des Moines Archives | September 2007

Steve Lombardi | September 28, 2007 12:00 AM | 0 Comments Category: Head & Brain Injuries ... The Gazette reported a motorcycle rolled over "several times" after going into the ditch ...

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• All Topics | InjuryBoard Des Moines

Steve Lombardi | September 23, 2009 2:17 PM | 0 Comments Des Moines, IA. This one is coming out ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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• InjuryBoard Des Moines | Iowa Personal Injury Attorney

Steve Lombardi | October 04, 2009 3:08 PM Category: Defective & Dangerous Products ... Sheldon, IA was driving a Honda ATV on September 18, 2009. Driving in the east ditch off ...

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• InjuryBoard Des Moines Archives | July 2007

Steve Lombardi | July 27, 2007 12:08 AM | 0 Comments Category: Head & Brain Injuries ... four or five times on Interstate 80 before it flew over the median and landed in a ditch

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• InjuryBoard Des Moines Archives | April 2009

Steve Lombardi | April 22, 2009 11:11 PM | 0 Comments Category: Automobile Accidents ... Appanoose County when he lost control of his vehicle striking a tree in the West ditch.

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• InjuryBoard Des Moines Archives | June 2007

Steve Lombardi | June 27, 2007 10:22 AM | 0 Comments Category: Wrongful Death ... says two bicyclists were struck by a pickup truck, sending one into the east ditch and ...

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• InjuryBoard Des Moines Archives | September 2009

Steve Lombardi | September 30, 2009 10:15 PM | 0 Comments Category: Motorcycle Accidents ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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• Automobile Accidents | InjuryBoard Des Moines

Steve Lombardi | September 29, 2009 9:28 AM | 1 Comment Des Moines, IA. It’s a new week and ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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• InjuryBoard Des Moines Archives | June 2009

Steve Lombardi | June 17, 2009 3:48 PM | 17 Comments Category: Automobile Accidents. This is one of those accidents I hate writing about but without this posting the relatives and ...

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Driving to distraction can kill you just as driving under the influence of alcohol does

The news always refers to them as “road fatalities” but really they are car crashes of various natures, some have to do with the road and others don’t. They do start off on the road but many have to do with driver distractions; distractions that cause a loss of control or making the wrong decisions while driving.

A couple of Wisconsin residents died when the van in which they were riding near Maquoketa lost control and rolled. The Des Moines Register reports no names have been released. (2 deaths)

Then near Burlington on Sunday another one-car collision and a loss of control as the man rolled and crashed on a gravel surface road near Fairfield. No seat belt apparently. (1 death)

The third collision involved the wrong decision probably from alcohol or a distraction that allowed the motorcycle driver to turn north on the southbound lanes of travel on Highway 380 a very new divided highway in Cedar Rapids. (1 died)

The fourth collision is with a tree. This again was a one-vehicle collision. (1 killed)

And lastly a driver turns left of center and collides head-on with a semi-truck. No explanation is given for moving across the center and none will be made as all the people in the car died. (2 died)

Distractions along with driving while under the influence of alcohol can kill you. Pay attention to what you’re doing. Put down the cell phone or get a Bluetooth or better yet make them wait, until you arrive to hear what you have to say.

Even as bad as Iowa and Illinois weather gets, it's still the driver whose fault causes the accident

An accident occurred outside Blairsburg this past Sunday night and the story was picked up by the news service. They reported two people died and one was injured. Here is how it was described:

A Chevy was southbound on Highway 69 when “it lost control and swerved into the path of a 2002 Mercury Mountaineer heading north. The Mountaineer struck the passenger side of the van. According to the Iowa State Patrol report, weather conditions caused the accident but it is still under investigation.”

I’ve written about this type of collision before; one in which weather is a component of the accident sequence. Granted weather can be a factor but it can seldom be the cause of a collision. What is the likely cause is the car’s operator driving too fast for the conditions, including the weather and road surface. Of course balding tires, mismatched tires or tires without enough tread can also contribute, but weather alone can not cause an accident.

The Iowa State Patrol report hasn’t yet been published so we can’t check to see exactly what the State Trooper reported but here is another example that demonstrates my point on placing blame on the weather.

On February 26, 2009 there was a single vehicle accident in Plymouth County in which Ramiro Barbo was the driver and died in the collision. What the Trooper wrote for the narrative was the following:

VEHICLE 1 WAS EAST BOUND ON C-38. THE DRIVER LOST CONTROL ON THE ICE COVERED HIGHWAY AND THE VEHICLE ENTERED THE SOUTH DITCH. IT OVERTURNED AND CAME TO A REST ON ITS WHEELS. THE DRIVER WAS NOT WEARING HIS SAFETY HARNESS AND WAS EJECTED.

In the report the weather conditions are noted to include sleet, hail and freezing rain. The narrative points out the officer’s observation of an ice covered highway. Also the driver wasn’t wearing his seat belt and was ejected from the car's interior. The car was noted to have struck a fence, gone into the ditch and rolled over.  We have no indication of the tire tread conditions or if all the tires matched or were inflated properly. Also there is no indication of the cars speed, condition of the windshield and brakes. For all we know a deer could have run out in front of the driver and startled him. All of these are factors that might be considered in concluding a cause of the collision and resulting damages. The seat belt has nothing to do with causing the collision of the car but can have something to do with the collision of the man’s body as it was being ejected from the car and after the ejection.  The weather is only one factor and can not cause a collision. Only a driver not driving slow enough or with due care can cause the car to go out of control.

When the weather is bad, it’s as simple as slowing down. Take your foot off the gas pedal, and when you don’t slow down and crash, then stop blaming the weather.

To read more about this subject see the following articles posted on either the InjuryBoard.com Des Moines site or The Verdict, Lombardi Law Firm.

Slippery snow conditions blamed for crash and sued for road closing!

February 28, 2009 - 08:50 AM

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

Sun-Times News Group also carried my analysis of negligence and how to analyze the facts.

How to insure your child's car while away at school without assuming liability for the driver's negligence

Often times I get questions asked online that should be added as blog posts. This is one of them.

Question:

Our son is a full-time college student in Washington, and he is about to purchase car insurance. He is still a resident of Iowa, where my wife and I live. Would it be wise for our son and me to buy the car together and tag and title it in Iowa so we can put him on our umbrella policy? Or should he just get his own and stay off his parents' policy? The question is this: we claim him as a dependent on our income tax returns and are co-signers on his student loans, so would we be liable in the event of a car accident? If so, would we be ahead to put him on our policy where we have a $1.4 million umbrella rather than have our son take out a minimum liability policy of his own in Washington?

Answer:

I think this is one of the wisest questions a parent can ask. I too asked it when my children were just learning to drive. Here is what I did. I purchased a car for them with the understanding they had to pay me back and to insure and maintain it. Rather than put my name on the title, because I didn’t want the liability exposure, I titled the car in their name and placed a lien on the title in my name. They signed a loan repayment agreement that included language giving me the right to repossess without notice if they failed to maintain insurance or place the collateral at risk. Placing the collateral at risk could include driving while under the influence of alcohol. I kept the extra set of keys.

Your situation may be a little different than mine. I own sizeable assets and didn’t want to place them at risk. You may not have that challenge and simply want to have a large insurance policy in place to protect the child. Remember placing a car in your name, makes you the owner and under Iowa law the owner is legally responsible for the permissive driver’s negligence, which may include drivers your son gives permission to operate the car or truck. I didn’t want that kind of exposure or hassle with trying to control who drives the car. With their being at school and away from home it’s tough for us to really know what is going on.

The umbrella insurance policy you have at $1.4 million may or may not be enough coverage. Here is what I mean by that. The umbrella policy may or may not include a provision to extend the underlying car insurance coverage for underinsured and uninsured motorist coverage. Read the policy and see if it does. I also write blogs on the Des Moines market for Injuryboard.com and on the Lombardi Law Firm website blog, The Verdict, and have covered this subject just recently on WJRN Talk Radio, Racine, Wisconsin. If you write to me I can provide the links. See if this works for you to listen.

File name: 02~25~08nmlomb.mp3:
Download link: http://www.mediafire.com/file/dytnxgt3gi9

And here is the InjuryBoard link:

Driver Safety: Starts before you turn the ignition key

Posted by Steve Lombardi | February 11, 2009 10:25 AM

The biggest road hazard you may face this and next year are uninsured motorists. If you didn’t have enough to worry about with double bottomed semi-truck trailers, pieces of retread tires and...

And the link to The Verdict article with the same title.

I hope this answers your questions, if not write to me again. Here is Iowa Code section 321.493 where I’ve underlined the important language.

321.493  Liability for damages.

1. a.  Subject to paragraph "b", in all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. For purposes of this subsection, "owner" means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. However, if the vehicle is leased, "owner" means the person to whom the vehicle is leased, not the person to whom the certificate of title for the vehicle has been issued or assigned or to whom the manufacturer's or importer's certificate of origin for the vehicle has been delivered or assigned. For purposes of this subsection, "leased" means the transfer of the possession or right to possession of a vehicle to a lessee for a valuable consideration for a continuous period of twelve months or more, pursuant to a written agreement.

Iowa Pedestrian Accidents - Like drivers they are being killed by cell phone and iPod distractions

A couple of pedestrian accidents caught my eye because they were killed due to being distracted by cell phones, mp3 players or iPods. A search in the Internet turned up a lot more than I expected. Here is a sampling of what is out there in cyberspace.

NPR recently aired a very good story about digital distractions while driving.

NPR Story, Caution: Walking And Cell Phones Don't Mix, Carol Guensburg.

Megan Roth and I have written before about distractions caused by cell phone use along with iPods.  Some other articles of interest are listed.

Driver Safety: Starts before you turn the ignition key

Driving Safety: No Text Messaging While Driving | InjuryBoard Austin

Cell Phone Use While Driving Increases Risk of Collision ...

Cell Phones: INTOXICATION V. IN-TEXT-ICATION - Which is worse ...

Driving Safety: No Text Messaging While Driving | InjuryBoard Austin

Cell phone use causes car accident, case settles for $5.2 million ...

Cell Phones, Like Alcohol, Cause Wrongful Death | InjuryBoard Salt ...

So what is going on with pedestrians? Like car and truck drivers pedestrians are allowing their cell phones to distract them to the point of getting killed. Here are a few examples.

Joshua Phillips White, 16, was killed while wearing MP3 player earphones and walking on a train track. February 22, 2009.

Lisa Carolyn Moran, 20, a University of North Carolina exchange student from Scotland, was listening to an iPod while jogging when she stepped into the path of a bus in Chapel Hill last May. Lisa Moran’s personal website.

Alan Eaton-Chandler, 17, was killed under the same circumstances just last Tuesday when he was hit by an Amtrak train in Comstock Township, Mich. February 2009.

Vicky Baker, 39, was talking on her cell phone when she was struck and killed by a train in Albertville, Ala., in December 2008.

Apple, the most prominent manufacturer, declined to comment for this story. Christine Monaghan, spokeswoman for its iPod line, said Apple's Web site offers guidance for safe use.

COMSTOCK TOWNSHIP -- A funeral will be held Saturday for a Galesburg-Augusta High School junior who was hit by an Amtrak train Tuesday afternoon.

Alan Michael Eaton Chandler, 17, was hit as he crossed the tracks near his house in the 8800 block of East Michigan Avenue.

According to preliminary reports, Baker was using a cell phone while walking and apparently did not hear the train’s warning and walked into the path of the train, Smith said. The train struck Baker as she was attempting to move from the tracks, he said. December 2008

Tara McAvoy, 18, was killed while she was text-messaging her family. Tara, who was named Miss Deaf Texas in June, 2005, was struck by a train as she walked along the railroad ties.

Zachariah Smith, 18, of Ohio, was texting on his phone while walking across railroad tracks. Witnesses report that Smith let one train pass, walked around a gate and was struck by a second train. Although he was thrown 50 feet, Smith survived. August 21, 2007.

Scott Slaughter, 31, of Berkeley, California was talking on his cell phone when he was struck and killed by an Amtrack train. Similar to the Ohio case listed above, witnesses said that Slaughter let one train pass and walked into the path of a second train. November 19, 2007.

Florida Woman Struck and Killed While Using Her Phone

Dawn Ann Thoma, 32, of Florida was killed when she drove into the path of a freight train. Dawn was talking to her brother on the phone at the time of the crash.

There is a website mycellphoneiskillingme.com that lists many of these accidents caused by electronic distractions.  As they point out many of these accidents are underreported because people don’t want to admit to having used their cell phones. Here is the list they compiled.

• New York — Five girls who had recently graduated high school were killed when their SUV crashed. Phone records show that the phone registered to the driver (Bailey Goodman) was in use at the time of the crash. Evidence also suggests that she was speeding.

• New York — Five people were killed when Shawn E. Roush lost control of his car. Roush was legally drunk, driving 90 and arguing with his wife on his cell phone at the time of the crash.

• Wisconsin — Witnesses report that 48-year-old Janet Indermuehle was talking on her phone when she lost control and crashed. Indermuehle, her 15-year-old son Daniel Hall, and 14-year-old Tiffany Kastner were all killed.

• Indiana — Eight people were killed when a semi-trailer slammed into a line of cars. The trucker, Leonardo Cooksey, 32, was trying to charge his cell phone and didn't notice that traffic had stopped.

• Minnesota — 21-year-old Leanne Toepper was killed while chatting on her phone. The person she was talking to heard her screams before the phone went dead.

• Montana — 13-year-old Frances Margay Schee was killed when her school bus was hit by a semi-trailer. The trucker, Reinaldo Gonzalez, admitted that he was talking on his cell phone at the time of the crash.

• Arizona — Police report that 18-year-old Ashley Miller was sending a text message when she crossed the center line and slammed into a vehicle driven by Stacey Stubbs. Both Miller and Stubbs were killed.

• Wisconsin — 22-year-old Adam Teumerd was killed after his vehicle left the road and crashed into water. Adam was talking on his cell phone when the person he was speaking with heard the accident.

• Ohio — Karyn Cordell, 22, and her unborn child were killed when 16-year-old Alexander Manocchio reached over to answer his phone and slammed head-on into Cordell's car.

• Illinois — Katlin McGuire, age 20, was killed when she was distracted by her cell phone. Her passenger received serious injuries.

• Ohio — Seventeen-year-old twins, Kathy and Kimberly Seager, were killed while stopped at a railroad crossing. The twin's car was crushed from behind by a 23-year-old driver who was talking on his cell phone. The driver didn't even try to stop.

• California — Los Angeles commuter train engineer Robert Sanchez missed a signal that caused 25 people to lose their lives. Records indicate that Sanchez had been texting on his phone.

• California — Gladis Andrade-Zepeda, 33,

dropped her cell phone and was looking for it when she crashed. Andrade-Zepeda was killed when her car was struck by a second vehicle.

• Washington — Witnesses told the FBI that Sela Anne Kalama, 19, was texting on her phone when she drove off the road and into a river. 17-year-old Vanna K. Francis and 15-year-old Ronnie Scroggins were killed in the crash.

• Wyoming — Brittany Rentas, 16, was killed after the car she was driving collided with another vehicle. Rentas had been texting on her phone.

• Montana — Christie Johnson, 34, was killed while trying to plug in her cell phone. Four passengers were injured.

• North Carolina — Macy Winslow, 16, was killed when her vehicle crossed the center line and struck another vehicle. State Police report that there is strong evidence to suggest that Macy had been using her phone when she was killed. Two other people suffered injuries.

• Montana — An unnamed 43-year-old man was using his cell phone at the time he slammed into the back of a logging truck on U.S. 93, near Missoula. The man died in the crash.

• Oklahoma — 19-year-old Brittanie Montgomery was killed while driving and using her phone. Brittanie was a dancer for the Hornets NBA basketball team. Her mother is now an advocate for banning the use of cell phones while driving.

• Massachusetts — John McCarthy, 58, was hit and killed by a driver who admitted to sending a text message at the time of the crash.

• Ohio — Five-year-old Dameatrius McCreary was killed after exiting a school bus. Angelique Dipman told police that she hit Dameatrius because of reaching down to answer her phone.

• Florida — Stephanie Phillips, 37, and Heather Hurd, 26, were killed when a tractor-trailer ran a stop light. The trucker was distracted by text-messaging on his phone. Numerous other people suffered injuries. (Accident Pics)

• Florida — Dawn Ann Thoma, 32, was killed when she drove into the path of a freight train. Dawn was talking to her brother on the phone at the time of the crash.

• California — According to the Highway Patrol, Ronald Rudisill, 63, was killed by a driver who was allegedly driving under the influence of drugs and sending a text message. The driver didn't see that traffic had stopped.

• California — 16-year-old Kayla Preuss was killed when the vehicle she was driving went out of control and crashed. She had been drinking, speeding, and sending text messages at the time of the crash. Her open cell phone was found at her feet

• California — 5-year-old Kyle Coble and his two sisters Emma, 4, and Katie, 2, were all killed when the vehicle they were in was slammed into by trucker Jorge Miguel Romero, who was trying to check his cell phone voice mail.

• Missouri — Two-year-old Jackson Moore was killed when his dad—who was riding an ATV with his son—looked down to check an incoming text message.

• Missouri — Three people were killed and 15 injured when trucker Jeffrey R. Knight was distracted by his cell phone.

• Virginia — Joan D. Skupien, 40, was using her phone when her car left the road and crashed into a tree. Skupien died in the crash.

• Virginia — Michael Ozyjowski, 75, was killed when he was run off the road by a woman driving and talking on a cell phone.

• Indiana — Sarah L. Woodruff, 20, was killed when her car left the road and flipped 6 times. State Police report that Sarah had been texting on her phone.

• Indiana — Rodney O. Thompson, 18, was killed when his vehicle slammed into a tree. A passenger said that Thompson had been text-messaging at the time of the crash.

• Connecticut — 82-year-old James Morrissey died a month after being run down by a driver chatting on a cell phone.

• Illinois — Matt Wilhelm, age 25, was killed by a driver who was busy downloading ringtones onto her phone.

• New Jersey — 7-year-old Sierra Kerber was killed when a driver on a cell phone ran a red light and crashed into an SUV driven by Sierra's father.

• Oklahoma — Jessalyn Sanders, 6, was killed while walking across a street. The driver, Justin Pearsall, told police that he didn't see Jessalyn because he had reached down to answer his phone.

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