Evidence at the crash site shows texting killed this Iowa teen. A 17-year-old from Iowa has died from a single-vehicle accident caused by her being distracted with texting at the wheel. She was running an errand when the accident occurred.  She was from Mechanicsville, Iowa.  Texting while driving is not much different than driving while under the influence of alcohol. The driver was a very pretty young lady. You can see her photograph at Teen was likely sending text message before fatal crash. The accident happened on Yankee Avenue. The car was heading southbound when she lost control, entered the west ditch, overcorrected and rolled. I’ve written extensively about this subject and wonder who the other person was who was being texted?


For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
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I-35 I-80 I-235 I-380 Collisions/Accidents

7/15/2010
Steve Lombardi
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Did texting while driving kill this Iowa teen?

Evidence at the crash site shows texting killed this Iowa teen

A 17-year-old from Iowa has died from a single-vehicle accident caused by her being distracted with texting at the wheel. She was running an errand when the accident occurred.  She was from Mechanicsville, Iowa.  Texting while driving is not much different than driving while under the influence of alcohol. The driver was a very pretty young lady. You can see her photograph at Teen was likely sending text message before fatal crash. The accident happened on Yankee Avenue. The car was heading southbound when she lost control, entered the west ditch, overcorrected and rolled. I've written extensively about this subject and wonder who the other person was who was being texted?

"After eliminating other possible causes for the crash, such as weather or vehicle problems, investigators determined Jennifer Flockhart was distracted, Iowa State Patrol Sgt. Jose Varela said.

Officials found a cell phone near Flockhart with an unfinished text message. The time on the message coincided with the time of the accident, Varela said."

The Iowa State Patrol report has this narrative: UNIT 1 TRAVELING SOUTHBOUND ON YANKEE AVE WHEN VEHICLE LOST CONTROL. UNIT 1 ENTERED THE WEST ROAD DITCH AND WAS OVERCORRECTED. UNIT 1 CAME BACK ONTO YANKEE AVE ROLLING TO FINAL REST ON ITS TOP FACING EAST.

The accident occurred on July 5, 2010 at 8:16 p.m. in Cedar County at 1806 Yankee Ave. The sole driver wasn't using a seat belt but her airbags did deploy. She was totally ejected from the inside passenger compartment.

In other news there is flooding in Shelby County, enough so that Governor Culver declared it to be eligible for disaster relief. If you're driving in or through Shelby County in Iowa you'd better know more about whether you will face detours. It seems the hard winter with its heavy snows and this spring and summer's heavy rains has made the county a disaster when it comes to bridges.  With deck's buckling and other water damage from flooding the Shelby County Engineer has had to close six bridges in the county.  The Register article points specifically to the creek between Panama and Portsmouth. See Weather damages six bridges in Shelby County by the AP and published by the Des Moines Register. For questions call Dan Ahart the County Engineer.  Shelby County is in western Iowa with major highways of US Highway 59, Iowa Highway 37, Iowa Highway 44, Iowa Highway 173 and Iowa Highway 191. The County is 591 square miles in area with only one square mile of water. There are many rivers, streams and waterways in Shelby County. Towns in Shelby County include Defiance, Earling, Elk Horn, Harlan, Irwin, Kirkman, Panama, Portsmouth, Shelby, Tennant and Westphalia.  It's a smaller county with only 13,173 people and 5,173 households and 3,703 families. (2000 Census) The county seat is Harlan. According to the Wikipedia Shelby County was named after Isaac Shelby the first Governor of Kentucky. Interstate 80 is to the south of it and directly south of Shelby. More information can be obtained from City-Data.com.

In other news a semi-truck fire in the westbound lanes of Interstate Highways 80 and 35 near Second Avenue (that's on the north side of Des Moines) shut down access. The Register article didn't say what caused the fire or if anyone was injured.

In news out of Fort Dodge, Iowa a 13-year-old boy was fishing when his leg got caught under a concrete slab and pinning him in 3 feet of water. He stepped on the slab when it shifted pinning his leg. See Iowa boy freed after being trapped under slab in river. It was the Des Moines River that runs through Fort Dodge; the youngster was Joseph Hill from rural Webster County.

From West Liberty, Iowa we have a construction worker being killed by a dump truck this past Monday. The worker, Gamaliel Rodriguez, 31 was working on I-80 east of Dodge Street and Iowa Highway 1 interchange when a subcontractor's employee driving a dump truck. The employer for Rodgirquez is Streb Construction; there is no mention of the subcontractor's name.  See Construction worker from West Liberty killed by dump truck. In cases such as this one the dependents of worker killed are entitled to workers' compensation benefits and the accident will more than likely lead to a lawsuit against the subcontractor, it's employee driver and the General Contractor (GC) for failing to provide proper site management. It's not clear whether the truck was backing up at the time of the accident. IOSH and OSHA will have investigated.  It's not a surprise that the Iowa State Patrol hasn't yet published an investigative report. This one will take some time to prepare.

On I-380 again in Johnson County but on the 3rd of July a single vehicle rollover accident took the life of Candy Martin a 40-year-old driver. She was heading northbound on I-380 at milepost 2 when for unexplained reasons her car left the road entering the east ditch and collided with a concrete support at the "Forever Green" overpass. Her car then burst into flames, came back onto I-380 and burned up. The time was 8:30 p.m. on clear day with a clean road. I wonder if this has anything to do with cell phone usage. Certainly someone at that funeral knows.

Iowa Trooper Meggers describes it in his narrative as follows: VEHICLE #1 WAS TRAVELING NORTHBOUND ON INTERSTATE 380 AT THE TWO MILE MARKER. VEHICLE #1 LEFT THE ROADWAY FOR UNKNOWN REASONS AND ENTERED THE EAST DITCH. VEHICLE #1 COLLIDED WITH A CONCRETE BRIDGE SUPPORT AT THE FOREVER GREEN OVERPASS AND BURST INTO FLAMES. VEHICLE #1 CAME TO REST AND BURNED IN THE RIGHT NORTHBOUND LANE OF I-380.

There have been quite a few house fires lately. I passed one just off the I-35/I-80 in Urbandale (A surprising place!) at Plumwood caused by a propane tank for a grill. The exact location is Plumwood Terrace Condominiums, 4821 NW 86th Street, Urbandale, Iowa. Another in Des Moines at the Temple for Performing Arts was caused by lint accumulation in a clothes dryer. There was no mention of the age, make or model of the dryer but they did tell us the dryer was being used for heavy towel drying.  Another fire in Des Moines started when no one was home and has yet to be explained.  That one is on 34th Street and started around 5:42 a.m. See Propane blast is suspected in fire at Urbandale condos

That's enough for today. It's time for coffee and getting ready for a busy work day at the firm. But before I sign off here is a graphic video from Great Britain television about texting while driving. I'll warn you ahead of time it's pretty graphic but it does get the point across so if it saves your teen's life it's worth upsetting their stomach. So make them watch it.





Welcome to the Lombardi Law Firm website. If you or an interested person are in a collision and you would like the crash analyzed you'll need to contact Attorney Lombardi. This may or may not result in an attorney-client relationship and simply asking for a review does not in and of itself create such a relationship. If you ask and Mr. Lombardi thinks you have a case he will say so and provide an agreement for representation that then creates an attorney-client relationship. The bottom line is that Mr. Lombardi has to agree to take you on as a client; the first step of course is asking him. You've got two ways: telephone 515-222-1110 or email sent to sdlombardi@aol.com.
We try to make Steve Lombardiour website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

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I-35 I-80 I-235 I-380 Collisions/Accidents

What should I do if an attorney is trying to overcharge me for an auto accident case? On July 2010 I was rear ended while on duty. That day I was transported to the hospital and scheduled a follow-up with the workers comp doctors. Upon several visits the doctor advised that neck and hip pain were pre-existing, so I decided to get a Lawyer. I went to Lawyer A, who has represented me up until Nov 2011. On November 19, I received an email from Lawyer A, who advised me the insurance company wants to settle my case for $12,500 with me receiving $5,000. I advised Lawyer A that price would not work, because I have been seeking treatments (message therapy, and acupuncture) using my personal insurance. I did not know when I was using my personal insurance, depending on how the treating doctor codes it, the insurance company can seek for me to pay them back in the future (information told to me by Lawyer A’s staff) . In addition, Lawyer A’s staff advised me to not go back to my worker’s comp doctor because my bill was too high, and for me to see a personal injury and car accident doctor. When I advised Lawyer A that did not want to settle my case with the insurance company for $12,500 with me receiving $5,000, Lawyer A offered me $6,000. I advised Lawyer A that price would not work as well and I would contact their office at a later date. I then found Lawyer B, explained the entire situation to them and signed an agreement with them and terminated Lawyer A due to me not being satisfied with the services they provided me throughout the entire time. Almost a month later Lawyer B contacted me advising me that I was untruthful and they are deciding to not take my case because per the insurance company Lawyer A settled my case for $12,500 on November 19th, and a check was already overnight to Lawyer A’s office. Now that was unbeknownst to me. I then contacted Lawyer A and their staff advised me the insurance company was in a rush and just mailed them a settlement check in attempts to clear their books before the end of the year.

Can I sue the policy holder for injuries or just the driver? I was in an accident and the other driver was at fault. He is a high school senior. The insurance policy is in a different name but same address. If the limits are low, can I sue the policy holder or just the driver? I was injured and have had two surgeries. The doctor says I will likely need more.

Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

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