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6/14/2009
Nick Lombardi
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Iowa, Butler County ditch drowning demonstrates a lesson about driving on rural Iowa roads and lowering your speed

In this case a single vehicle collision caused by what the Iowa State Patrol says was a loss of control killed the two adults but sparing the 1 year old child. Later reports indicate the child did die. The car is said to have rolled into a ditch that was partially filled with water. The report makes no mention as the cause of death but one can assume the standing water in the ditch had some effect. The accident happened near Parkersburg, Iowa.

KWWL provided the additional information. They also have photographs on the KWWL website.

I represented the estate of a woman who drowned from this same type of single-vehicle collision. The driver had been drinking, crashed the car, it overturned in the ditch filled with water, and then he simply left the accident scene and the passenger to die. The police found him later that day at home.

When there is water in the ditch you need to take it slower. The water in the ditch is an indication that less speed is better in the event of an accident to avoid drowning. The water in the ditch probably tells you something about how soggy the road gravel is. Rural roads in Iowa are covered by crushed limestone. That helps travel but doesn’t make it completely safe for higher speeds that would ordinarily be safe. It would be interesting to know what speeds the data recorders show just prior to the driver’s losing control.

These are a few accidental drowning caused by a car accident and a loss of control that takes the car into some water.  On the first video you'll get the idea from the first few seconds. It's long but is one of the only video's that shows a good picture of a deep ditch with enough water to drown.

A similar incident in Texas took the lives of five children when the car in which they were passengers drove into a rain-swollen ditch in Houston. None of the children were wearing seat belts and the driver was charged with OWI, even though the driver’s two breath tests were 0.079 and 0.082 %. The legal limit was 0.08 percent. The male driver was charged with intoxicated manslaughter.

A single-vehicle crash in North Carolina caused a married couple to drown after their car veered off of I-95 and into a water-filled ditch. They both drowned.

A 9-1-1 call captured the last pleas of a drowning woman on May 19, 2009. The Associated Press covered the story. Follow the link to read the AP story.

“The 49-year-old Oklahoma woman told operators she had her nose against the car’s roof. “Please hurry, because I'm running out of air and if I climb out of this car I'm going to go down,” she said.

“I need to get out now. I'm drowning,” she said soon after that during the May 2 call. “

In another incident the Milwaukee-Wisconsin Journal Sentinel reports on a man drowning after his car strikes a deer. The man was 19-years-of-age. This man’s death was determined to be from being ejected out of the car, then landing in the ditch filled with water and drowning.


Welcome to the Lombardi Law Firm website. We try to make our 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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My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts.

In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing.

I was involved in a car accident that was the fault of the other driver, I was driving under suspension at the time will this hurt my settlement with the othe drivers insurance company?

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