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Lombardi Law Firm

Construction Accident on Highway 59 in Ida County, Iowa - What was the semi-driver doing in the cab?

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

Blog Category:
8/6/2012
Steve Lombardi
Comments (0)

We have the exact same fact pattern except our client’s case occurred in May 2009 on I-80 when the Iowa-Illinois Bridge was under construction. This one is a mess as is predictable when a semi-traveling at full tilt drives into the rear of the first car, wakes up to the fact he’s in a collision and then veers off to one side, usually the left to avoid the other cars. The defense lawyers and their insurance adjusters have all kinds of tricks to blame everyone but the semi-driver. These death cases can settle anywhere from $250,000 to well over $1,000,000. There are so many distractions in the cockpit of a semi-tractor that you won’t believe what can take the driver’s attention away from the road conditions.

What were you doing in the cab of that semi-truck?

News Articles:

Crash Information


 

L
O
C
A
T
I
O
N

Date of Accident
7/25/2012

Time of Accident 
04:23 PM

County
Ida - 47

Accident occurred within corporate limits of (city)

Law Enforcement Case Number:
2012041464

Literal Description 
HWY 59 1/2 MILE SOUTH OF 110TH

Legal Intervention?
No

Private Property?
No

X-Coordinate:
290997.9

Y-Coordinate
4712922.

U
N
I
T

1

Driver's Name - Last
DRASKOVIC

First
GORAN

Middle

Suffix

City
WINDSOR

State
ON - Ontario, CA

Zip
N8T3N1

Driver's Age
46

Citation Charge Code 1
321.285

Citation Charge 1
FAIL TO STOP IN THE ASSURED CLEAR DISTANCE

Gender
Male

State
ON - Ontario, CA

Class
A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more

Endorsements
None

Restrictions

Citation Charge Code 2
321.288

Citation Charge 2
FAIL TO MAINTAIN CONTROL

Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3
396.3A1BOS

Citation Charge 3
BRAKES OUT OF SERVICE: AXLE 1 LT AND 5 RT BRAKES O

Citation Charge Code 4
392.3

Citation Charge 4

Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
5 - Uninjured

Occupant Protection
9 - Unknown

Airbag Deployment
5 - Not deployed

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path

Trapped
1 - Not trapped

Transported to:
CHEROKEE REGIONAL MEDICAL CTR

Transported by:
HOLSTEIN AMBULANCE

Insurance Co. Name
MOVIN' FREIGHT LTD

Year
2005

Make

Model
CONVENTIONAL

Style
SEMI

Approximate Cost to Repair or Replace
3000

Initial Travel Direction
3 - South

Vehicle Action
01 - Movement essentially straight

Speed Limit
55

Point of Initial Impact
01 - Front

Most Damaged Area
01 - Front

Extent of Damage
4 - Disabling damage

Underride/Override
6 - Override, parked/stationary vehicle

Total Occupants
1

Traffic Controls
10 - Traffic director

Vehicle Config.
09 - Tractor/semi-trailer

Cargo Body Type
05 - Flatbed

Vehicle Defect
02 - Brakes

Driver Condition
4 - Illness

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
21 - Vehicle in traffic

Second Event
21 - Vehicle in traffic

Third Event

Fourth Event

Most Harmful Event (by vehicle)
21 - Vehicle in traffic

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name
MOVIN' FREIGHT LTD

City
WINDSOR

State
ON - Ontario, CA

Zip
N9A6J3

Number of Axles
5

Gross Vehicle Weight Rating
80000

Placard #

Hazardous Materials Released?
2 - No

U
N
I
T

2

Driver's Name - Last
WATTS

First
LARRY

Middle
ALLAN

Suffix

City
CHEROKEE

State
IA - Iowa, US

Zip
51012

Driver's Age
75

Citation Charge Code 1

Citation Charge 1

Gender
Male

State
IA - Iowa, US

Class
C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat

Endorsements
None

Restrictions

B - Cor Lenses

Citation Charge Code 2

Citation Charge 2

Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3

Citation Charge 3

Citation Charge Code 4

Citation Charge 4

Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
1 - Fatal

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
1 - Deployed front of person

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path

Trapped
3 - Extricated by mechanical means

Transported to:
HOLSTEIN FUNERAL HOME

Transported by:
HOLSTEIN FUNERAL HOME

Insurance Co. Name

Year
2003

Make
Ford - FORD

Model
FOCUS

Style
4D HATCH

Approximate Cost to Repair or Replace
5000

Initial Travel Direction
3 - South

Vehicle Action
88 - Other (explain in narrative)

Speed Limit
55

Point of Initial Impact
05 - Rear

Most Damaged Area
05 - Rear

Extent of Damage
5 - Severe, vehicle totaled

Underride/Override
3 - Underride, no compartment intrusion

Total Occupants
1

Traffic Controls
10 - Traffic director

Vehicle Config.
01 - Passenger car

Cargo Body Type
01 - Not applicable

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
21 - Vehicle in traffic

Second Event
21 - Vehicle in traffic

Third Event

Fourth Event

Most Harmful Event (by vehicle)
21 - Vehicle in traffic

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name

City

State

Zip

Number of Axles

Gross Vehicle Weight Rating

Placard #

Hazardous Materials Released?

U
N
I
T

3

Driver's Name - Last
SHONTZ

First
SHARI

Middle
ANN

Suffix

City
HOLSTEIN

State
IA - Iowa, US

Zip
51025

Driver's Age
52

Citation Charge Code 1

Citation Charge 1

Gender
Female

State
IA - Iowa, US

Class
C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat

Endorsements
None

Restrictions

None

Citation Charge Code 2

Citation Charge 2

Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3

Citation Charge 3

Citation Charge Code 4

Citation Charge 4

Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
3 - Non-incapacitating

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
3 - Deployed both front/side

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path

Trapped
3 - Extricated by mechanical means

Transported to:
CHEROKEE REGIONAL MEDICAL CTR

Transported by:
HOLSTEIN AMBULANCE

Insurance Co. Name

Year
2010

Make
Ford - FORD

Model
EDGE

Style
OTH

Approximate Cost to Repair or Replace
14000

Initial Travel Direction
3 - South

Vehicle Action
88 - Other (explain in narrative)

Speed Limit
55

Point of Initial Impact
05 - Rear

Most Damaged Area
06 - Left Rear

Extent of Damage
5 - Severe, vehicle totaled

Underride/Override
1 - None

Total Occupants
1

Traffic Controls
10 - Traffic director

Vehicle Config.
01 - Passenger car

Cargo Body Type
01 - Not applicable

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
21 - Vehicle in traffic

Second Event
21 - Vehicle in traffic

Third Event

Fourth Event

Most Harmful Event (by vehicle)
21 - Vehicle in traffic

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name

City

State

Zip

Number of Axles

Gross Vehicle Weight Rating

Placard #

Hazardous Materials Released?

U
N
I
T

4

Driver's Name - Last
SCHLEEF

First
MARK

Middle
ALAN

Suffix
JR

City
CHEROKEE

State
IA - Iowa, US

Zip
51012

Driver's Age
25

Citation Charge Code 1

Citation Charge 1

Gender
Male

State
IA - Iowa, US

Class
A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more

Endorsements
N - Tank

Restrictions

None

Citation Charge Code 2

Citation Charge 2

Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3

Citation Charge 3

Citation Charge Code 4

Citation Charge 4

Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
3 - Non-incapacitating

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
5 - Not deployed

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path

Trapped
1 - Not trapped

Transported to:
CHEROKEE REGIONAL MEDICAL CTR

Transported by:
HOLSTEIN AMBULANCE

Insurance Co. Name

Year
2004

Make
Chevrolet - CHEV

Model
2500 HD

Style
PK

Approximate Cost to Repair or Replace
12000

Initial Travel Direction
3 - South

Vehicle Action
88 - Other (explain in narrative)

Speed Limit
55

Point of Initial Impact
06 - Left Rear

Most Damaged Area
06 - Left Rear

Extent of Damage
5 - Severe, vehicle totaled

Underride/Override
1 - None

Total Occupants
1

Traffic Controls
10 - Traffic director

Vehicle Config.
02 - Four-tire light truck (pick-up, panel)

Cargo Body Type
01 - Not applicable

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
21 - Vehicle in traffic

Second Event
21 - Vehicle in traffic

Third Event

Fourth Event

Most Harmful Event (by vehicle)
21 - Vehicle in traffic

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name

City<



Category: Truck And Tractor Trailer Accidents


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