What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Injury - Property Defect-Animals

Whistleblowers / Financially Ripped Off?

Client Trial-Deposition Preparation

Deforming Civil Rights through Tort Reform

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Criminal Law Commentary - Todd Miler

General - Rants - Raves and Housekeeping

Nerve, Brain and Spinal Cord Injuries

Boating & Water Injuries and Accidents

Trial Practice - Mostly for lawyers

Trial Practice - Mostly for non-lawyers

Client Toolbox

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

New Mexico Crash Classification And Analysis Code Sheet

Car and Tractor Trailer Accidents

Large Damage, Major-Serious Injury and Death Cases

Cheerleading Safety and the Law of Cheerleading

Groundskeeper and Maintenance Workers

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Injury - Property Defect-Animals

Whistleblowers / Financially Ripped Off?

Royal Links, USA Victim Impact Statement and Claim Form

Client Trial-Deposition Preparation

Do you wonder how you should prepare for answering questions in your deposition? In this segment Attorney Steve Lombardi will tell you how to think about answering questions in a deposition. These are Lombardi's 8 Simple Rules for Answering Deposition Questions.

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

The Lombardi Law Firm Blog

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Blog Category:

Car and Tractor Trailer Accidents

11/17/2008
Nick Lombardi
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Passing when there isn't enough time can have deadly consequences.

Driving a car or truck or motorcycle and passing another vehicle go hand in hand. But, passing is a somewhat risky maneuver that can be complicated by several factors. Improper judgment by the driver when executing a pass can have serious consequences. In this case, one person died and five went to the hospital.

Iowa law says you can’t pass until you can do so safely and should only come back into your lane of travel when it is safe to do so. Iowa law also says you can’t cross the center line to pass until you can do so safely, meaning there is a clear lane to do so. Iowa law also says you have to drive using due care and to really do drive the car when you have a proper lookout. So why do we see accidents where one car pulls out to pass another and runs head-on into an oncoming car? Normally it’s a failure of several aspects by the passing vehicle’s driver.

When you can’t really see if the oncoming traffic lane is clear you shouldn’t pull out – PERIOD! If you really feel the need to pass, then inch over towards the other lane, leaning left and looking for oncoming cars. If you can’t see any that doesn’t mean you get to just pull out anyway. What it means is that you need to pull over to the left a little more until you can see clearly that the lane is clear. If when leaning to the left you see a hill and can’t see beyond the hill’s crest then don’t pull out, but wait until you can see as far as is necessary to pass safely.

Passing semi-tractor trailers is difficult and it takes a lot of patience to pass one safely. But when it’s just two cars, like the one in Tama County on October 14, 2007 it’s difficult to know why more patience hasn’t been exhibited. One is a Nissan and the other a Mazda. The Nissan is the going to pass and the car being passed is a Camaro. A Camaro is a pretty low vehicle. As was the result in this case the driver that was hit head-on was wearing a seat belt and still died. We don’t really have enough facts to know if the passing was improper. The reasoning of the offending driver is not yet known and charges are pending further investigation. In many cases the improper passing is simply a matter of impatience and poor judgment. In this case seatbelts didn’t help anyone, because four went to the hospital in Marshalltown, one to Waterloo and the last to Phillips Funeral Home.

This appears to have all the makings of operator error in exercising poor judgment when attempting to pass another car. Protect yourself, your legal rights and those whose lives may be affected by your driver decisions. Slow it down and make better driving decisions.

Labels: accidents car truck passing time crash wreck head-on on head

11/17/2008
Nick Lombardi
Comments (0)

Gravel Road Dust Makes Crash with Vehicle to the Rear Foreseeable

There was a crash in Mitchell County near the town of Osage that occurred on November 2, 2007. This to-the-rear-end near-collision is one that illustrates how the driver in the front can be considered negligent. Iowa being a comparative fault state there is probably fault to be attributed to both drivers but let's examine how this can be so to the front vehicle. Normally we would blame fault on the driver to the rear and that may be the situation in this case, but experience tells me that in this case front positioned driver may share the lion’s share of fault.

Here is what the officer described in the investigative report. This is a two car collision with no contact between vehicles. Both cars are traveling in the same direction on what appears to be a gravel road. The driver to the rear is 16 year old Benjamin Mobley. His 14 year old brother is a passenger. They are traveling east bound on 410th Street, which appears to be a gravel road because they are driving in dust. The car to the front slows to look at a deer in the ditch. And that is where I believe the negligence of the front driver comes into play. Due at least in part to the cloud of dust young Mr. Mobley doesn't realize the front vehicle is slowing. The accident investigation report indicates he doesn't realize the front vehicle has slowed until it is too late and to avoid the collision takes evasive action by turning to the left. The left front wheels drop off the roadway on the north side causing the driver to lose control and the vehicle to roll over, ejecting the passenger.

Now the law of negligence is about “foreseeability” and anyone who has driven on a gravel road knows that they are kicking up a cloud of dust. The cloud of dust will and usually does obstruct the vision of the driver following behind. And that foreseeability should indicate to the front driver he should not slow down unexpectedly or slow down or stop in the middle of the road lest he cause an obstruction that the rear driver will not anticipate or have enough time to avoid striking. In other words it should be foreseeable to the front driver that the driver to the rear will not have a normal view of what the car in front is doing; like slowing or stopping. And that once the driver to the rear clears the dust he will have little time to avoid striking the slowed or stopped front vehicle that now obstructs his path on the road. And further that once he sees the front car his stopping time will be diminished due to surface considerations that affect braking distances.

So what lawyers do is use the Iowa State Patrol investigation to assist in analyzing negligence to right the wrong which in this case cost the young passenger his life. A good thorough investigation is always a part of a tough liability case and perhaps can make the difference in a successful lawsuit.

Know your rights, protect yourself and guard your rights against those who would take them away.

Labels: iowa crash wreck car accident iowa state patrol comparative fault osage november 2007 ben mobley gravel road dust rear

11/17/2008
Nick Lombardi
Comments (0)

Driving while the sun is in your eyes making it "impossible to see" can be driver negligence.

Driving while the sun is in your eyes making it impossible to see what is in front of you, most of the time is a civil wrong. Just because a driver isn't given a ticket (citation for violating the law) doesn't mean they aren't negligent. In other words a driver can still be sued in civil court even though the police officer didn't issue a ticket. On November 19, 2007 I'll post about falling asleep while driving.

So when for instance a young child is struck by a car, like the one that happened at 25th Street and Forest Avenue in Des Moines on Monday night, the driver of the van can still be sued for negligence. The standards for criminal laws being violated and civil rules being breached are different. Criminal violations are tougher to prove. So a child crossing the street and being run down by a car or van where the driver claims the sun was in his eyes, may still be wrong civilly. And that civil breach will probably lead to recoverable damages.

Everyone knows the sun is there and is in the west when it sets. It's not like this is some act of God that today the sun for the first time ever is setting in the West. We all have or should have a pair of sun glasses available when we drive to help out in these situations. And at 6:30 pm which is about the time this child was struck, we know in early October that it will be something drivers need to contend with.

So no ticket issued doesn’t mean not negligent.

Labels: iowa crash wreck sun accident truck car motorcycle blind eyes eye negligence fault

11/17/2008
Nick Lombardi
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Am I at fault if I crash into someone else while driving in dense fog?

QUESTION: Am I at fault if I crash into someone else while driving in dense fog? After all it isn't my fault, it was the fog!

ANSWER: If we ignore all other facts and entertain only the fog issue, then my opinion is that you are likely to be at fault. There is nothing unusual about the fog. Fog is fog. It's a weather condition that all drivers must contend with and everyone knows that fog is the sort of weather condition that reoccurs and is known to the driver. Fog isn't usually a surprise that suddenly and unexpectedly occurs. If you are driving along in the middle of a bright sunny day, without any weather conditions and some freak of nature fog bank suddenly and without warning moves in overtaking your vehicle, then maybe you have a sudden emergency but otherwise no. A heart attack is a sudden emergency. Fog is not.

To see what can happen when a driver continues driving in fog that interferes with their ability to maintain a proper look consider these two accidents and ask yourself; Were they preventable?

Here is the story as reported by the online Gazette.

Scott Nelson, 42, died when he drove his pickup into a semi-trailer truck that came to rest across Highway 20 after a collision with a stopped vehicle in dense fog about a mile west of Epworth, the Iowa State Patrol said.

Ron Fowler, 56, of Boone, was attempting to turn left from the northbound lanes of Highway 6 onto Skyline Road near Dubuque Regional Airport at about 1:30 p.m. when a southbound vehicle driven by Gene Horn, 57, of LeClaire, struck the rear of his semi-trailer truck, according to the Dubuque County Sheriff's Office.

And in this one a Waterloo police officer was struck due to fog.

Labels: fog dense traffic accident wreck police officer struck negligence fault weather

11/17/2008
Nick Lombardi
Comments (0)

Stopping over the crest of a hill can be negligence.

Once again today we visit the issue of negligence or fault under Iowa’s comparative fault statute, Iowa Code Chapter 668. Today’s act is stopping on a highway. A driver could be found to be negligent if they stop over the crest of a hill. That means simply coming up over a hill and then stopping on the downside out of sight of oncoming traffic. Stopping in such a location doesn’t allow oncoming traffic the opportunity to have sufficient time to stop. If the driver in this condition is faced with an emergency a first impression would be to excuse the situation. But that isn’t always the case. If the driver of the stopped vehicle has time to exit the car and then to warn other drivers it could still be considered negligence. If they do try to warn, but fail to do enough to warn other drivers of the stopped vehicle it too can be an act of negligence.

There is a story being reported where an elderly woman for no explained reason stopped just over the crest of a hill on U.S. Highway 34 east of New London in southeastern Iowa. She was sitting in her car when a National Guard bus crested the hill and struck her vehicle. The bus driver stated he could not stop in time to avoid striking the vehicle. The woman died in the ensuing crash. A further investigation is necessary to try and explain the reasons she stopped. If it were a heart event then she would certainly be excused under the doctrine of sudden emergency.

Most of us think of negligent acts in terms of who was the one striking who. But in this instance it’s the person being struck that is the negligent one, or so it appears. Although this is an unfortunate accident it does demonstrate a point about negligence and fault and for no other reason we discuss it.

Of course the other party can always argue about speed, time and distance issues involving the bus driver and whether his acts amounted to negligence, but that is for another day.

Labels: negligence fault auto collision accident

11/17/2008
Nick Lombardi
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Woman gets run over and dragged by van in Des Moines

The Des Moines Register reports that a 47-year old woman was struck as she rode her bicycle on Merle Hay Road in Des Moines. A van owned by the French Way Cleaners ran into the rear of a Grand Caravan causing the Caravan to go sideways and into the bicycle. According the report the bicyclist then lost control and ended up under the wheels or the French Way van and was drug several feet.

"The accident happened when a French Way Cleaners van driven by Kevin McCurn of Des Moines ran into the back of a Grand Caravan driven by Carlyle Melin of Olathe, Kan., Aswegan said. The impact pushed the Grand Caravan sideways and into the bicycle. The cyclist lost control and was thrown under the wheels of the French Way van and was drug several feet."

The bicyclist is reported to be in Iowa City Hospitals and Clinics being treated for multiple fractures including a fractured pelvis, ribs and multiple abrasions.

Labels: accidents bicycle traffic failure yield rear end collision

11/17/2008
Nick Lombardi
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Heading in the wrong direction on Interstate 80 in Iowa

The Gazette reports a Texas man driving the wrong way on Interstate 80 sideswiped to semi-trucks and then struck a third head-on. A few years ago one of our clients was killed when she was involved in a similar accident with an elderly driver who did the same. The divided highway system does create some issues with site distances and signs creating some confusion. There is no indication of alcohol being drunk by the driver.

Labels: accident car collision crash direction head-on I-80 Interstate wreck wrong

11/17/2008
Nick Lombardi
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Railroad Crossing Accidents: What duties apply when determining negligence?

A train-tractor collision resulted in the death of a female passenger and injury of the driver and an infant passenger. Although still under investigation it’s interesting from the standpoint of analyzing negligence of both the tractor driver and the railroad train operating engineer. Each has certain responsibilities for speed, lookout and control of the motorized vehicles they are driving on the public roads.

“ALTA, Iowa -- A 20-year-old woman is dead and an infant and 21-year-old man were injured when a tractor collided with a train on Saturday afternoon in Alta, according to police.”

The train’s engineer is in most communities is supposed to sound the horn before traversing public or city streets. That’s to warn cars and truck drivers of the trains presence. The requirement involves the number of horn blasts and how far from the intersection that is to occur. Most communities have an ordinance involving train track crossings.

Of course the car, truck, farm equipment or tractor operators have certain duties as well. You have to keep a lookout for what is obviously there and when crossing train tracks look both ways. Maintaining a proper lookout is the duty the driver when driving. That sounds axiomatic but when analyzed in a court of law it’s more difficult than it might first appear.

For instance, what if there are hedges along the road or street? We must know if that vegetation obstructs the driver’s view. Who owns the land along the side of the road where the plants, bushes or trees are growing? Because it may, according to local and state law, be their responsibility to trim the branches and keep the sight distances and angles open to view; so as to avoid blocking a driver’s vision.

That Sioux City Journal comes up with some interesting accidents. This one will surely prove to be an interesting claim to iron out.

Labels: crossing, duty negligence, Railroad, safety,

11/17/2008
Nick Lombardi
Comments (0)

If I'm involved in a collision with a stolen vehicle, what insurance policy will cover my damages?

A car collision in Villisca, Iowa demonstrates a point about your car insurance coverage and whether or not you have adequate coverage. Here is the story as reported in the news.

A two car collision occurs when one of the cars fails to stop at a stop sign. The police later determine the vehicle that failed to stop at the stop sign was stolen. Now let’s assume for the sake of this discussion that the vehicle that the at-fault vehicle is in fact stolen. What happens to the claims of the not-at-fault injured participants?

The participants who are not at fault will want to pursue their claims against the owner of the stolen vehicle; but that will go no where. For insurance coverage to apply to the at-fault acts of a non-owner, the driver must have permission to be driving the vehicle. Permission requires driving with the knowledge and consent of the owner. In this case the vehicle if stolen is not being driven with the consent of the owner. Isn’t that pretty much the definition of a stolen vehicle? It is so trust me on that definition. The owner’s insurance company will deny coverage because insurance coverage doesn’t apply to those who steal an insured’s car.

Now don’t go whining about how it’s not your fault and why should your insurance company have to pay. Trust me when it comes to whether you have coverage, fault has nothing to do with it. It’s a matter of contract language. The policy will govern coverage. After you have coverage then it’s a matter of fault and who which insurance company or individual gets to pay. And if that’s not enough to make you appreciate what I’m talking about then put the shoe on the other foot. By that I mean think of your car being stolen and whether your insurance company should cover a non-fault driver colliding with a stolen car that later is determined to be your own. Right, now you understand.

Okay, so you’re scratching your head and asking me where you go from here. Well, our first target for insurance coverage will be the at-fault driver’s insurance coverage; but you can bet either of two things applies to him. First, it’s unlikely he has auto insurance. Second, if he does it’s not going to cover him while stealing cars.

You’re still scratching your head aren’t you? Well you should have collision coverage on your auto policy that will cover damage to your car. You should have medical pay coverage that covers your medical bills, to the extent you purchased it. If you purchased rental car insurance coverage that will be covered under your policy; it should be shown on the declarations page of your auto policy. And, your personal injury type damages along with lost wages and loss of earning capacity along with pain and suffering will be covered under the uninsured motorist provisions of your policy.

So how do you know if you are covered? Pull out your policy and read the Declarations Page of the policy. It will list the insurance coverage along with the dollar limits per type of claim made. So go do it and then ask yourself, if you have enough coverage for your own claims. If not call your agent and increase what you have.

Labels: accident auto car coverage insurance stolen vehicle

Large Damage, Major-Serious Injury and Death Cases

8/30/2010
Steve Lombardi
Comments (0)

August 30, 2010 - Iowa Accident Reports for Injuries

Crash:

Minimal Reports

A crash occurred in Johnson County on August 27, 2010

VEH 1 S BND HWY 1 VEH 2 3 AND 4 WERE STOPPED OR COMING TO A STOP
FOR ROAD CONSTRUCTION VEH 1 FAILED TO STOP AND RAN INTO VEH 3
PUSHING VEH 3 INTO VEH 2 ...
A crash occurred in Mahaska County on August 25, 2010

VEH #1 WAS NB HWY 63 IN THE LEFT LANE WHEN VEH #2 STARTED
MERGING INTO VEH #1'S LANE VEH #1 HIT THE BRAKES AND SWERVED TO
THE LEFT LOSING CONTROL OF TH ...
A crash occurred in Butler County on August 22, 2010

VEH 1 WAS WB ON HWY 3, VEH 2 WAS EB ON HWY 3, AS THEY MET THEY
COLLIDED NEARLY HEAD ON IN THE HEAVY FOG, CHARGES PENDING
ACCIDENT STILL UNDER INVESTIGAT ...
A crash occurred in Louisa County on August 16, 2010

#1 WAS WB ON HWY 78 ENTERED THE INTERSECTION OF HWY 78 & 61 AND
WAS STRUCK BY SB #2, #1 THEN STRUCK #3 THAT WAS STATIONARY AT
STOP SIGN EB ON HWY 78 AL ...
A crash occurred in Jasper County on August 15, 2010

VEHICLE 1, PICKUP PULLING CAMPER WAS EASTBOUND ON INTERSTATE 80
WHEN HE LOST CONTROL OF VEHICLE, CROSSED THE MEDIAN, THE TRUCK
ROLLED ON ITS SIDE AND ST ...

Full Reports

A crash occurred in Clayton County on August 28, 2010

UNIT ONE WAS TRAVELING NORTH ON DOMINO ROAD. UNIT ONE FAILED TO STOP AT A POSTED STOP SIGN, CROSSED HIGHWAY 56, AND ENTERED THE NORTH DITCH. UNIT ONE CAME TO ...
A crash occurred in Jasper County on August 27, 2010

UNIT 1 WAS TRAVELING WEST ON INTERSTATE 80. THE DRIVER OF UNIT 1 SAID HE CLOSED HIS EYES FOR A BRIEF SECOND AND THEN HIS VEHICLE LOST CONTROL. UNIT 1 THEN ENT ...
A crash occurred in Polk County on August 26, 2010

UNIT ONE WAS SOUTHBOUND ON I-35 AROUND THE 101 MM WHEN STEEL FURNACE PARTS FEEL OFF THE TRAILER THEY WERE PULLING AND LANDED ON THE TRAVEL PORTION OF THE INTERS ...
A crash occurred in Appanoose County on August 26, 2010

A NO CONTACT VEHICLE HAD STOPPED YIELDING TO TRAFFIC PRIOR TO MAKING A LEFT TURN. A SECOND NO CONTACT VEHICLE, UNIT #3, AND UNIT #2 ALL CAME TO A SAFE STOP. ...
A crash occurred in Crawford County on August 25, 2010

VEHICLE #1 WAS SOUTH BOUND ON HWY 59. DRIVER STATED A DEER RAN ONTO THE ROAD AND SHE SWERVED TO MISS IT. VEHICLE # 1 DROVE ONTO SHOULDER AND DRIVER OVER CORRE ...
A crash occurred in Johnson County on August 25, 2010

VEHICLE 1 WAS TRAVELING NORTH IN THE LEFT LANE OF I380. VEHICLE 2 MERGED ONTO I380 FROM I80 WEST. VEHICLE 2 SWITCHED FROM THE RIGHT LANE INTO THE LEFT LANE TH ...
A crash occurred in Polk County on August 25, 2010

UNIT 1 PULLED INTO A PARKING SPACE AT THE WESTBOUND MITCHELLVILLE REST AREA. THE DRIVER OF UNIT 1 HIT THE ACCELERATOR UPON ENTERING THE PARKING SPACE. UNIT 1 ...
A crash occurred in Dubuque County on August 25, 2010

Vehicle 1 was traveling south on Highway 136 and stopped at flashing red light at the intersection of 16th Ave. Vehicle 2 had proceeded through the intersectio ...
A crash occurred in Clinton County on August 24, 2010

UNIT 1 WAS WESTBOUND ON HWY 30 WHEN UNIT 1 ATTEMPTED TO MAKE A RIGHT TURN ONTO 220TH AVE. UNIT 1 WAS TRAVELING TO FAST TO MAKE THE TURN, SLID ON SOME LOOSE ...
A crash occurred in Lee County on August 24, 2010

VEHICLE NUMBER ONE WAS NORTH BOUND ON HIGHWAY 61. VEHICLE NUMBER ONE IS A FORD PICKUP PULLING A TWO WHEEL TRAILER THAT IS USED TO HAUL A WELDER. THE RIGHT HAN ...
A crash occurred in Jones County on August 24, 2010

VEHICLE #1 WAS TRAVELING NORTHWEST ON BUFFALO ROAD. THE DRIVER OF VEHICLE #1 LOST CONTROL, ENTERED THE DITCH AND OVERTURNED.
A crash occurred in Buchanan County on August 23, 2010

UNIT TWO WAS OVERTAKING SEVERAL VEHICLES AND FAILED TO SEE UNIT ONE AS IT RE-ENTERED THE OUTSIDE LANE OF I-380
A crash occurred in Scott County on August 22, 2010

UNIT 1 WAS NORTHBOUND ON HIGHWAY 67 TURNING LEFT INTO A DRIVEWAY AT 21742 HIGHWAY 67, WHICH IS A RESIDENCE ON THE WEST SIDE OF THE HIGHWAY. UNIT 2 WAS SOUTHBOU ...
A crash occurred in Scott County on August 22, 2010

UNIT 1 AND UNIT 2 WERE TRAVELING EASTBOUND ON INTERSTATE 80 AT MILE MARKER 281. UNIT 1 WAS IN THE LEFT EASTBOUND LANE, AND UNIT 2 WAS IN THE RIGHT EASTBOUND LA ...
A crash occurred in Jasper County on August 22, 2010

UNIT 1 WAS TRAVELING WESTBOUND IN THE EASTBOUND LANES OF I-80. UNIT 2 WAS TRAVELING EASTBOUND IN THE EASTBOUND LANES BEGINNING A PASS OF THE NON-CONTACT VEHI ...
A crash occurred in Polk County on August 22, 2010

VEHICLE #1 IS EASTBOUND AT THE 131MM DRIVING IN THE INSIDE OF THREE LANES OF TRAVEL. VEHICLE #2 IS AT THE SAME LOCATION ON THE WESTBOUND SIDE OF TRAVEL WHEN T ...
A crash occurred in Cass County on August 21, 2010

VEHICLE # 2 WAS EAST BOUND ON I-80, PULLING A LARGE ENCLOSED TRAILER. THE DRIVER LOST CONTROL AND THE TRAILER ROLLED ONTO IT'S TOP. VEHICLE # 2 AND TRAILER STO ...
A crash occurred in Appanoose County on August 21, 2010

UNIT #1 AND UNIT #2 WERE TRAVELING WESTBOUND/NORTHBOUND ON HIGHWAY J3T WHEN UNIT #1 STRUCK UNIT #2 IN THE LEFT REAR. THE DRIVER OF UNIT #1 FELL OFF THE MOTORCY ...
A crash occurred in Monona County on August 21, 2010

VEHICLE #1 WAS TRAVELING NORTHBOUND ON INTERSTATE 29. VEHICLE #1 WAS IN THE LEFT HAND LANE AND THERE WAS A NO CONTACT VEHICLE IN THE RIGHT HAND LANE. THE NO CON ...
A crash occurred in Polk County on August 21, 2010

VEHICLE #1 EXITED INTERSTATE 35 SOUTHBOUND AND WAS AT THE INTERSECTION AT THE TOP OF THE INTERCHANGE WITH COUNTY ROAD F22. VEHICLE #2 WAS WESTBOUND ON COUNTY R ...
A crash occurred in Decatur County on August 21, 2010

UNIT ONE WAS GOING SOUTH ON ELK CHAPEL ROAD. UNIT ONE'S DRIVER DISTRACTED FROM A MP 3 PLAYER AND FAILED TO SEE AN AMISH MOWER HEADING SOUTH. UNIT ONE STRU ...
A crash occurred in Polk County on August 21, 2010

UNIT 1 WAS TRAVELING EAST ON GRAND AVE WHEN HE RAN THROUGH THE IOWA STATE FAIR GATE #11 STRIKING SEVERAL PLANTERS, NOVELTY TOY SALES, AND CAME TO REST STRIKING ...
A crash occurred in Cedar County on August 20, 2010

UNIT 1 WAS WEST BOUND ON I-80 IN ROAD CONSTRUCTION FOR THE CEDAR RIVER BRIDGE. DRIVER SLOWED TO 55 MPH FOR ROAD CONSTRUCTION AND WAS IN THE LEFT LANE WITH CRUIS ...
A crash occurred in Pottawattamie County on August 20, 2010

UNIT 1 AND UNIT 2 WERE SB ON WABASH. UNIT 1 WAS SLOWING, SIGNALING, AND PREPARING TO TURN INTO 13111 WABASH, A PRIVATE DRIVE. UNIT 2 DID NOT REALIZE UNIT 1 WA ...
A crash occurred in Polk County on August 20, 2010

VEHICLE #1 IS WESTBOUND I80 AT THE 137MM AND ATTEMPTS TO TAKE THE SOUTHBOUND I235 RAMP. THE DRIVER OF VEHICLE #1 LOOSES CONTROL OF THE VEHICLE ON WET ROADWAYS ...
A crash occurred in Decatur County on August 20, 2010

UNIT 1 WAS NORTHBOUND ON INTERSTATE 35 AT THE 2 MILE MARKER DURING A HEAVY DOWNPOUR. UNIT 1 HYDROPLANED ON THE WET ROAD, LOSING CONTROL AND THEN ENTERING THE EA ...
A crash occurred in Warren County on August 20, 2010

UNIT ONE WAS NORTHBOUND IN THE LEFT LANE OF INTERSTATE 35 ACTIVELY PASSING UNIT TWO WHO WAS IN THE RIGHT LANE. THERE WAS A THUNDERSTORM PASSING THROUGH THE ARE ...
A crash occurred in Jasper County on August 20, 2010

UNIT 1 WAS EXITING THE HIGHWAY ON THE OFFRAMP WHEN HE LOST CONROL DUE TO SPEED TOO FAST FOR CONDITIONS.
A crash occurred in Sioux County on August 20, 2010

DRIVER OF UNIT 1 WAS NB ON US HWY 75. DRIVER SAID THAT SHE SUFFERED FROM UNKNOWN MEDICAL CONDITION CAUSING HER TO BECOME UNCONSCIOUS. UNIT 1 LEFT ROADWAY AND ...
A crash occurred in Cedar County on August 20, 2010

UNIT 1 AND UNIT 2 WERE ATTEMPTING TO MERGE ONTO INTERSTATE 80 EASTBOUND COMING OUT OF THE CEDAR COUNTY EASTBOUND REST AREA. UNIT 2 WAS UNABLE TO MERGE AND SL ...
A crash occurred in Page County on August 20, 2010

VEHICLE #1 WAS STOPPED AT STOP SIGN FACING SOUTH ON M-63 WAITING FOR TRAFFIC. VEHICLE #2 WAS STOPPED BEHIND VEHICLE #1 ALSO WAITING TO GO. VEHICLE #3 WAS SOUT ...
A crash occurred in Monroe County on August 19, 2010

UNIT 1 WAS EASTBOUND ON 189TH OR OLD HIGHWAY 34 WHEN THE VEHICLE ENTERED NORTH DITCH, STRIKING CULVERT. BOTH DRIVER AND PASSENGER WERE THROWN FROM THE 4 WHEELE ...
A crash occurred in Jasper County on August 19, 2010

VEHICLE #1 IS EASTBOUND I80 AT THE 160MM DRIVING IN THE INSIDE LANE OF TRAVEL WHEN A DEER COMES INTO THE PATH OF VEHICLE #1 FROM AN UNKNOWN DIRECTION OF TRAVEL. ...
A crash occurred in Webster County on August 19, 2010

VEHICLE 2 NORTHBOUND SLOWED, AND STOPPED BEHIND STOPPED CAR FOR ROAD CONSTRUCTION LANE CLOSURE. UNIT 1 NORTHBOUND FAILS TO SLOW AND STOP AND COLLIDED INTO REAR ...
A crash occurred in Woodbury County on August 19, 2010

VEHICLE #1 WAS TRAVELING SOUTHBOUND ON INTERSTATE 29 IN THE RIGHT HAND LANE. VEHICLE #2 WAS TRAVELING SOUTHBOUND ON INTERSTATE 29 IN THE LEFT HAND PASSING LANE. ...
A crash occurred in Iowa County on August 18, 2010

VEHICLE 1 WAS TRAVELING WEST ON I80 IN THE RIGHT LANE. THERE WAS A SEMI IN THE LEFT LANE ALSO TRAVELING WEST. THE SEMI BEGAN TO MERGE FROM THE LEFT LANE TO T ...
A crash occurred in Jones County on August 18, 2010

Vehicle 1 (slow moving tractor pulling hay baler) was traveling south on Highway 151 in the right lane. Vehicle 2 was traveling south on Highway 151 in the rig ...
A crash occurred in Plymouth County on August 18, 2010

VEHICLE 1 WAS SOUTHBOUND ON THE ON RAMP TO SOUTH BOUND HIGHWAY 75 WHEN THE DRIVER MERGED ONTO SOUTH BOUND HIGHWAY 75 STRIKING VEHICLE 2 WHO WAS SOUTHBOUND ON H ...
A crash occurred in Polk County on August 18, 2010

UNIT 1 WAS ON THE EB I-80 OFFRAMP TO SB I-235 WHEN HIS INTERNAL PACEMAKER SHOCKED HIM WHEN IT ACTIVATED. DRIVER THEN LOST CONTROL OF THE VEHICLE AND DROVE OFF ...
A crash occurred in Scott County on August 18, 2010

VEHICLE #1 WAS BACKING UP IN GAS STATION LOT AND STRUCK VEHICLE#2 AS IT WAS LEGALLY PARKED. THE DRIVER OF VEHICLE #2 ADVISED DRIVER #1 SHE STRUCK THE VEHICLE. ...
A crash occurred in Wapello County on August 17, 2010

VEHICLE 1 WAS TRAVELING SOUTH ON HWY 63 WHEN THE DRIVER SWERVED TO AVOID SEVERAL DEER IN THE ROAD. THE DRIVER THEN LOST CONTROL ENTERED THE MEDIAN AND ONTO THE ...
A crash occurred in Warren County on August 17, 2010

VEH #1, DRIVEN BY FREEMAN, WAS SOUTHBOUND ON HWY 28 APPROXIMATELY 1/2 MI S OF THE HIGHWAY 5 BYPASS. VEH #2, DRIVEN BY WORDEN, WAS NORTHBOUND ON HWY 28. VEH #1 ...
A crash occurred in Polk County on August 17, 2010

UNIT 1 WAS TRAVELING SOUTH ON INTERSTATE 35 ON THE RAMP TO INTERSTATE 80 EASTBOUND. THE DRIVER OF UNIT 1 LOST CONTROL OF THE VEHICLE AROUND THE CURVE AND LEFT ...
A crash occurred in Hamilton County on August 17, 2010

VEHICLE ON IN A LEFT TURN LANE ONLY PROCEEDED STRAIGHT SIDE SWIPING VEHICLE TWO . VEHICLE ONE CONTINUED ON AND FAILED TO STOP TO REPORT
A crash occurred in Polk County on August 17, 2010

VEHICLE ONE WAS ATTEMPTING TO NEGOTIATE A STEEP DOWNHILL GRADE WITHIN THE CAMPGROUND AT THE IOWA STATE FAIR. THE ROADWAY WAS GRASS AND MUD COVERED. VEHICLE ONE ...
A crash occurred in Polk County on August 17, 2010

UNIT 1 WAS TRAVELING EAST ON INTERSTATE 80. UNIT 2 WAS TRAVELING ON THE I-35 SOUTHBOUND TO I-80 EASTBOUND RAMP. UNIT 2 MERGED ONTO INTERSTATE 80 EASTBOUND AND ...
A crash occurred in Henry County on August 17, 2010

UNIT 1 WAS WESTBOUND ON 130TH ST, LOST CONTROL AND ENTERED THE SOUTH DITCH. UNIT 1 STRUCK A FIELD DRIVE AND VAULTED, COMING TO REST ON IT'S WHEELS IN THE SOUTH ...
A crash occurred in Dallas County on August 17, 2010

UNIT 1 WAS EASTBOUND WHEN HE LOST CONTROL, CROSSED THE MEDIAN AND ENTERED THE NORTH DITCH WHERE HE STRUCK A TREE. POSSIBLE MEDICAL/PRESCRIPTION MEDS INVOLVEMEN ...
A crash occurred in Webster County on August 16, 2010

UNIT #1 WAS A ATV 4 WHEELER TRAVELING NORTH ON A DIRT TRAIL ON PRIVATE PROPERTY. UNIT #1 WENT THROUGH A DIP IN THE TRAIL, FLIPPED OVER FRONTWARD'S, AND LANDED O ...
A crash occurred in Keokuk County on August 16, 2010

VEHICLE #2 WAS STOPPED AT THE STOP SIGN ON 255TH AND HIGHWAY 78. VEHICLE #1 WAS BEHIND VEHICLE #2. VEHICLE #2 ROLLED BACK AND HIT VEHICLE #1. DRIVER OF VEHICL ...
A crash occurred in Polk County on August 16, 2010

VEHICLE TWO WAS LEGALLY PARKED IN THE FAIRGROUND PARKING LOT WHEN VEHICLE ONE ATTEMPTED TO MAKE A RIGHT TURN AND GO AROUND IT. VEHICLE ONE STRUCK THE LEFT FRON ...
A crash occurred in Cedar County on August 16, 2010

UNIT 1 AND UNIT 2 WERE BOTH ATTEMPTING TO ENTER INTERSTATE 80 WESTBOUND USING THE ON RAMP LOCATED AT THE 271 INTERCHANGE. UNIT 2 SLOWED BEFORE ENTERING THE INT ...
A crash occurred in Dallas County on August 16, 2010

VEHICLE 1 WAS TRAVELING SOUTHBOUND ON COUNTY ROAD R-16 AND WENT OFF THE ROADWAY TO THE RIGHT GOING ONTO COUNTY ROAD 260TH STREET. VEHICLE 2 WAS APPROACHING THE ...
A crash occurred in Cass County on August 16, 2010

Unit 1 Eastbound Interstate 80. Unit 1 abruptly stopped while traveling 40 mph near the 55 mile marker Interstate 80. Unit 1 struck by Unit 2 due to rapid dec ...
A crash occurred in Keokuk County on August 16, 2010

VEHICLE #1 WAS WESTBOUND ON HWY 149 WHEN IT BLEW A STEER TIRE. VEHICLE #1 LOST CONTROL, CROSSED THE CENTER LINE AND SWERVED INTO THE EASTBOUND DITCH. VEHICLE ...
A crash occurred in Adair County on August 16, 2010

UNIT 1 WAS WESTBOUND IN RIGHT LANE ON I-80 AT THE 75 MILE MARKER. UNIT 1 STRUCK DEBRIS IN THE ROADWAY DAMAGING THE FRONT OF UNIT 1.
A crash occurred in Warren County on August 16, 2010

ON THE ABOVE DATE UNIT ONE WAS SOUTHBOUND ON INTERSTATE 35 @ THE 58.5 MILE MARKER. UNIT ONE WAS PULLING A TRAILER CARRYING A JOHN DEERE BACK HOE. THE LOAD WAS ...

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8/21/2010
Steve Lombardi
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Compendium of News Stories in Iowa about the Egg Recall for Salmonella Big News in Iowa

Contact us if you have any questions. The lawyer who is a specialist in food poisoning or food safety issues is Bill Marler who handles cases all over the country. For more information visit the Marler Blog. He’s covering this story as well. See Salmonella Enteritidis-tainted Eggs top 550,000,000. The Lombardi Law Firm acts in the capacity as local counsel through arrangement with qualified attorneys. See also Marler Blog.

Labels: egg food iowa lawyer Lombardi poisoning salmonella

8/21/2010
Steve Lombardi
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Iowa Flood News Compendium

If you want to see a list of stories about flood damage in Iowa here is the list of news stories.

Labels: damage dams death flood injury iowa lawyer levees property

8/13/2010
Steve Lombardi
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A little bit of this and a little bit of that. Iowa PI News

Today we cover news from around the state, some old and some new. The Pella swimming pool drownings continue to be newsworthy, a UNI worker fell off the dome roof; Clarke County Democrats are working to replace Ron Wheeler, the list of State settlements for PI cases is out and there is more; so join us today to read about Iowa PI News.

Labels: Commentary iowa lawyer legal news personal injury

7/21/2010
Steve Lombardi
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State legislatures' are beginning to take up the issue of unsafe trailers

SB 646 is titled Tow Trucks: certain requirements for connection between vehicles passed. What this law will do is make owners and drivers who tow trailers responsible to know more about the compatibility of their trucks and trailers along with the connections between the two. Those requirements, if followed, will provide for safer trailers. Every since I've become aware of the number of accidents with people getting killed on the highways in Iowa I watch closely when a truck or SUV towing a trailer is coming from the opposite direction. I've always been cautious when towing my own trailer, but seem to focus more on double checking the hitch and chains before starting off.

Labels: Commentary death highway collisions injury iowa law Lombardi runaway trailers unsafe trailers

7/19/2010
Steve Lombardi
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Iowan killed by run-a-way trailer in Dubuque County

Today's story is about a detached trailer in Dubuque, Iowa that killed a man. I have a guy who writes to me quite often from what I thought was www.safetrailers.com. At the law firm we’ve handled a case against U-Haul over one of their trailers oscillating and overturning the SUV that was pulling it. That driver ended up with brain damage. After handling that case I’m extremely cautious about pulling single rear axle trailers at highway speeds. After a crash everyone injured needs to think about proof.

Labels: Commentary death Dubuque County injury iowa lawyer loose runaway trailer trailer safety

7/13/2010
Steve Lombardi
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TBI and Depression Link Confirmed – U of I Dept of Neuro again proven wrong.

It seems the U of I, Dept. of Neurology is being proven wrong. They seem to always take the insurance industry side that unless a person is knocked out for a long period of time (loss of consciousness) that there can’t be any long term effects from brain damage (TBI). A new article associating depression with traumatic brain injury is published by Neurology Today.

Labels: depression Neurology Today TBI traumatic brain injury

7/9/2010
Steve Lombardi
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More on the Bellevue, Iowa 4th of July Parade Stampede

There are new facts being discussed in the media today about the Bellevue, Iowa 4th of July parade incident involving spectators being injured by stampeding horses. These facts if true could change the entire makeup of any claim.

Labels: 4th July Bellevue death horse injury iowa parade participants stampede

7/6/2010
Steve Lombardi
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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history. Already I can hear the tort reform (communist) drums beating about our poor parades; if the 23 injured and one dead spectator can sue the sky will fall in on every parade in the WORLD! Damn the torpedoes we need parades to be real Americans! Anyone suggesting a lawsuit is crazy.

Labels: Bellvue Commentary death horse injury iowa lawyer parade spectators stampede

6/30/2010
Steve Lombardi
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DOT Worker Struck While Crossing the Street in Ankeny

In today's post we discuss personal injury news from around the state. Included is the story about the Iowa DOT worker hit while crossing the street during his work hours, a motorcycle accident caused by a mattress flying out of the back of a truck, a news reporter missing in Montana after a plane crash and first-degree murder charges being made against a 14-year-old boy after another teen was shot and killed.

Labels: Commentary iowa law lawyer news personal injury

6/29/2010
Steve Lombardi
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What's the OnStar 3-D Stonewalling Policy?

We’ve two accidents today. The first appears to be a failure to yield the right of way or to stop at a stop sign; can’t really tell from the preliminary report. The other is a malfunction with the OnStar GPS and accident reporting system.

Labels: accident Commentary crash failure to yield iowa law lawyer legal Lombardi OnStar stop sign

6/23/2010
Steve Lombardi
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Yielding the right of way - Yield to the right - First in is first through

This uncontrolled intersection collision in Adams County, Iowa once again demonstrates the problems with failing to yield and driving distracted.

Labels: Commentary fault iowa law Lombardi negligence right-of-way uncontrolled intersection violation yield

6/22/2010
Steve Lombardi
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Is it legal to drive distracted - Yes if you obey the laws.

Question: Who has the right of way at an uncontrolled intersection? Answer: The car on the right has the right-of-way. The car that controls the intersection is the one already into the intersection. If they arrive at the same time then the one to the right gets to have the right-of-way. Control means the car is already into the intersection. First in - first out.

Labels: duty fault iowa law negligence rules-of-the-road uncontrolled intersections yield

6/21/2010
Steve Lombardi
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Was it a distraction that caused him to lose his life?

It’s unfortunate the price this young man paid for failing to do something as simple as stopping and making sure the roadway is clear before attempting to cross it. Was he distracted with something like a cell phone? We don’t know much about what may have caused his failure to stop because the Trooper’s report and newsman’s stories don’t get into those details. His cell phone records would probably answer that question. That subject I’ve written about previously. No matter because even though he died in the ensuing collision Mrs. Appleton doesn’t appear to be at fault and she still has a claim against this man’s auto insurance, his estate as well as her own insurance policy.

Labels: Commentary death driving distracted failing to yield injury iowa law US Highway 20

5/28/2010
Steve Lombardi
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ATV Safety is again in the news with two separate Iowa ATV Accidents.

ATV accidental injuries are on the move again. Is it not aware, don't care or just too smart to fully appreciate the risks? Whatever it is ATV's seem to go hand-in-hand with reckless driving.

Labels: ATV death injury iowa safety

5/21/2010
Steve Lombardi
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There's a Big Difference between Mostly Dead and All Dead

In Burlington things are getting weird with cryonic suspension. A gentleman died but not before he paid Alco Life Extension Foundation $53,500.00 to have his head placed in cryonic suspension after his death. Why just his head I don’t understand. Why not his entire body? At the time of his death his siblings said no way and asked Alco to return the money. They refused and instead filed suit asking the Court to allow them to exhume the body to remove the head and freeze it for eternity or so long as there’s no power outage. My guess is that had the siblings not asked for return of the money, all would have been good, but once they asked for the monies return the legal battle was set up.

Labels: after-life Commentary cryonics death law lawyer Lombardi suit Uniform Anatomical Gift Act

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