The Lombardi Law Firm Blog

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

Recongnition of Driving to Distraction

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

Here are some key statistics behind the issue:

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

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

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

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

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

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

 

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

 

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

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

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

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

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

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

What next?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How can they be avoided?

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

Texting While Driving - A Deadly Combination

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