Iowa State Patrol Preliminary Crash Reports for October 22, 2011

Blog Category:

10/23/2011
Steve Lombardi
Comments (0)

Iowa State Patrol Preliminary Crash Reports for October 22, 2011

Really these reports fall into two general categories. In one group the driver can be found to be civilly liable for causing injuries to others and in the second group the driver will never be sued and therefore no lawyer is required for civil matters. That's not to say the driver can't or won't be charged with a crime, such as when a drunk driver alone in the car crashes and injures himself.

This type of accidents, if you will and I use that term very loosely because 99% of the time someone is at fault; a car, truck, farm implement, motorcycle or bike accident kills one or more of the people involved.

In the first crash in Hamilton County the driver lived and the passenger died. This is a single car accident, a 2003 Ford Mustang that is described in the report as driving through an intersection without stopping, then lost control, headed into the ditch and rolled the car. The passenger, AJ Hanson, 27 of Webster City was killed. The driver was noted to be Gabriel Lee Hanson, 27 also of Webster City, Iowa. This is a category 1 collision because if the driver is negligent he can be liable to the estate of the passenger. In the second accident I'm going to guess the person on the bicycle died after being rear-ended by the 2009 Chevy Silverado. At this time no names have been publicly disclosed. This Lee County car-bike accident is still under investigation.

In the third fatal accident out of Floyd County two people died. Erin Lorraine Heffron, 35 from Rudd and Malcolm Davis, 71 from Wautoma, Wisconsin are listed on the report as fatalities. Heffron was driving a 1993 Toyota Camry and Davis was driving a 2000 Kenworth Tractor. Erin is in vehicle 1 and Malcolm in vehicle 2. This accident happened on Highway 27, a state highway so it's difficult to understand why the Camry is driving southbound in the northbound lane. The report doesn't indicate the car simply crossed the center line, it says he was driving south in the northbound lanes. This is a clear violation of the rules of the road, and liability should be pretty clear. I do note that the older driver is from Wisconsin and driving a tractor trailer, a fact which may indicate he was working. If that's true there may be both a personal injury suit against the offending driver and a workers' compensation case. Iowa workers' compensation benefits are really pretty good so his estate or dependents should have that aspect evaluated by an attorney licensed in Iowa. If we can assist call us at 515-222-1110 or write sdlombardi@aol.com. Steve Lombardi Link to report. Des Moines Register link to, Two dead in fiery Floyd County crash early today, Tom Alex, Reporter for Des Moines Register. http://www.desmoinesregister.com/article/20111020/NEWS/111020006/1001/

The next case is out of Audubon County on October 19, 2011 and frankly this case will more likely than not end up in litigation. The facts as stated in the Iowa State patrol report indicate either driver may be found to have been at fault or both drivers may be equally at fault. Here is the key factual conclusion that raises this issue: "AT THE SAME LOCATION THE TWO VEHICLES COLLIDED NEAR THE CENTERLINE OF THE HIGHWAY..." In this collision we have four people either injured or killed. In vehicle 1 is a 22 year old driver Jason Rattenborg from Audubon and in vehicle 2 is Kendall Ware a 55 year old from Lineville, Iowa. A 17-year-old passenger, in vehicle 1, Kristopher George Crawley, 17 is noted as a "fatality". Rattenborg, Ware and Mark Anthony Piearson (vehicle 2) were all noted to be injured and it appears seriously so. So let's discuss the what-if both drivers were at fault, then what? That simply means the passengers have a better claim than do the drivers. The passengers have a viable claim against both drivers and their auto insurers. Several clients come in and say they don't want to sue the driver because he's a friend of the family. And that may be true, but you still have to sue them to get to their insurance. That's just the way it is in Iowa so get over it. Here is the link to the preliminary report and to the full report. To read the Des Moines Register's story, One dead in head-on Audubon County crash, Tom Alex of the Register follow the linked text.

The Glenwood Accident out of Mills County appears to be one of youth driving way too fast, losing control, rolling the Jeep and tossing all the passengers out of the car. ISP's Scott Miller has a real direct summary description. The driver is 19 and the passengers 19, 21 and 23. (Felicia Hansen is 23, Jacob Wahle 19 and Tim Mahan 21. The driver is Phil Glenwood, 21 from Council Bluffs. If there was drinking involved there can be an issue of what the law refers to as complicity; but there is no indication in the preliminary report of any alcohol being involved so I don't want to imply there is. The accident time is shown as 11:55 on October 19, 2011. Here is he link to the accident report. Des Moines Register Article: Link. Description: VEH 1 WAS TRAVELING WB ON ELLINGTON AVE WHICH IS A GRAVEL ROAD VEH 1 TOPPED THE HILL AT AN EXCESSIVE SPEED LOST CONTROL ENTERED THE SOUTH DITCH ROLLED SEVERAL TIMES EJECTING THE PASSENGERS RESULTING IN ONE FATALITY.

The last preliminary report is of a Polk County, Iowa fatality on Interstate 80 between a pedestrian and 2002 Chevy Cavalier. The pedestrian is 36 and the driver of the Caviler 55. The description can be read below. It's unclear why a pedestrian would be walking on I-80. So out of respect for the pedestrian's family I'm not going to comment on this case.

Crash:

Minimal Reports 1.    A crash occurred in Hamilton County on October 21, 2011

VEHICLE 1 WAS NORTHBOUND ON R-27, THE DRIVER WENT THROUGH THE
INTERSECTION OF F-27 AND D-56 WITHOUT STOPPING AND CONTINUED
NORTH ONTO FENTON AVE, WHICH IS A GRAVEL ROAD, THE DRIVER LOST
CONTROL AND WENT INTO THE WEST DITCH, THE VEHICLE ROLLED AND
STRUCK A TREE AND CAME TO REST UPSIDE DOWN, THE DRIVER WAS
TRANSPORTED TO VANDIEST MEDICAL CENTER, AND THE PASSENGER WAS
PRONOUNCED DEAD AT THE SCENE, ACCIDENT UNDER INVESTIGATION

2.    A crash occurred in Lee County on October 21, 2011

VEH 1 AND VEH 2 WERE BOTH SB ON HWY 61
VEH 1 REARENDED VEH 2 WHICH WAS A BICYCLE
VEH 1 ENDED UP ON THE SHOULDER AND VEH 2 ENDED UP ON THE SB
LANE OF HWY 61
ACCIDENT IS STILL CURRENTLY UNDER INVESTIGATION
ASSISTED BY MONTROSE FIRE, LEE CO SO, LEE CO AMBULANCE

3.    A crash occurred in Floyd County on October 20, 2011

VEH 1 WAS SOUTHBOUND IN THE NORTHBOUND LANES, VEH 2 WAS
NORTHBOUND VEHICLES COLLIDED HEAD ON CAUSING VEH 2 TO ROLL AND
BURST INTO FLAMES, INVESTIGATION CONTINUES, ASSISTED FLOYD
COUNTY SHERIFF'S OFFICE, CHARLES CITY AND FLOYD FIRE DEPS AND
CHARLES CITY AMR AMBULANCE AND FLOYD COUNTY EMA

4.    A crash occurred in Audubon County on October 19, 2011

ON 10-19-11 AT APPROXIMATELY 2326 HOURS VEHICLE #1 WAS NORTH
BOUND ON HIGHWAY 71 JUST NORTH OF BRAYTON, VEHICLE #2 WAS
TRAVELING SOUTH ON HIGHWAY 71 AT THE SAME LOCATION THE TWO
VEHICLES COLLIDED NEAR THE CENTERLINE OF THE HIGHWAY BOTH
VEHICLES CAME TO REST IN THE WEST DITCH ACCIDENT REMAINS UNDER
INVESTIGATION BY THE IOWA STATE PATROL

5.    A crash occurred in Mills County on October 19, 2011

VEH 1 WAS TRAVELING WB ON ELLINGTON AVE WHICH IS A GRAVEL ROAD
VEH 1 TOPPED THE HILL AT AN EXCESSIVE SPEED LOST CONTROL ENTERED
THE SOUTH DITCH ROLLED SEVERAL TIMES EJECTING THE PASSENGERS
RESULTING IN ONE FATALITY 6.    A crash occurred in Polk County on October 7, 2011

PEDESTRIAN WAS WALKING IN THE MIDDLE OF THE LEFT EASTBOUND LANE
OF INTERSTATE 80, WHEN VEHICLE #1 THAT WAS TRAVELING EASTBOUND
IN THE SAME LANE STRUCK HER, VEHICLE AND PEDESTRIAN BOTH ENDED
UP IN THE INSIDE SHOULDER OF THE INTERSTATE, UNDER INVESTIGATION.

Category: Car and Tractor Trailer Accidents

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.
Steve Lombardi, Attorney