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Car and Tractor Trailer Accidents

1/22/2010
Steve Lombardi
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The world of personal injury law never rests

Today we’re going to cover a little bit of this and that. We’ll start out with a ditch accident in Iowa and end with what’s popular. Of course what may be going on in your world may not be all that popular but it’s still important to you.

On October 7th 2009 Austin Shontz was driving a Buick Rendezvous north on U.S. 218 when he lost control left the road and entered the east ditch at which point the vehicle vaulted and struck a tree head on. After the impact the vehicle came to rest on the passenger side in a creek knee deep in water. Henry County Deputies and Fire and Rescue workers overturned the vehicle in an attempt to rescue the passengers. Victoria Shontz died as a result of the injuries and the driver, Austin Shontz, was airlifted to the hospital and his condition is not known.

What the witnesses have to say will go a long way to explaining what caused this accident. Was it alcohol related, distraction in the passenger compartment, a problem with the roadway, weather related, the driver and passengers arguing or fooling around, a deer crossing the roadway, speed related, bad tires, a passenger distraction or a malfunction of the car itself?

Sometimes I wish we could access the investigative file online to see where the evidence is leading us towards a conclusion. Wherever it may lead the Henry County Prosecutor is surely to be looking at the facts and applying it to the law.

And on I-35 eight cars collided near the junction of I-435, a place I’ve driven and know to need some sort of redesign.  It must have been rush hour traffic because the time of this one was 7:35 a.m.

In another collision where the car ended up in the ditch the driver was charged with driving while intoxicated and providing alcohol to a minor. The 17-year-old, Amanda Nicole Early broke her neck. The car ended up in the ditch, some allege he did it on purpose and that’s when the younger passenger was injured. In ditches there are culverts which are heavy, embedded and immovable concrete objects is the only way to describe them. Drive into one and you’re not likely to get very far. Everything in the car will continue ahead at the driving speed. Don’t have on a seat belt and your head is likely to strike the windshield or frame. Like Early you may fracture your neck aka a vertebrae. The driver was from Cummings.

It’s interesting to see several truckers blogging. I wonder if they write and post while on the road or wait till they get home. Now that would be a serious distraction if done while driving. There’s “The Truckers Report” and TruckieD or TD as I refer to him. He’s on the IB and has his own blog, as I just discovered. Truckie-D’s Blog. I don’t think he’s really happy with us right now. He’s taken issue with the attorneys writing about I-35.

Once in a ditch your car or truck is more likely to roll because after skidding sideways it will encounter a lot of friction rather than continue to slide sideways. I found an interesting statistic on the InjuryBoard Auto Accidents Help Center. The stat is rollovers account for only 2% of all accidents but 33% of all deaths. The 10 deadliest cities for total traffic fatalities in a single year are NY, Los Angeles, Houston, Chicago, Phoenix, Dallas, Jacksonville, San Antonio, Detroit and San Diego.

Today’s popular posts are about a Ford suit that settled for $17.7 million, Netflix looking into your personal information, the Tylenol-Motrin recall for the strange odor and body scans at the airport. We’ve got strollers nipping finger tips off and the CPSC acting to force a recall with Simplicity strollers.  This follows a recall just short while ago for Maclaren strollers. Watch out for those little fingers.  Mittleman comes at us again about Internet privacy and this time takes on Facebook with its privacy issues. This time the story take’s on a bit or intrigue with the whistleblower aspect. Of course H1N1 is still in the news along with loan modification scams written by Paul Kiesel from Los Angeles. There is so much to read about, so many injuries occurring in so many different ways; just hope your number isn’t called today to be the injured one.  It’s a busy world out there, fast paced, industrialized and highly mechanized. Pinch points and fast whizzing cars and trucks. We’ve got ice covering every outside surface and enough ice melt and sand to thaw a glacier.

As the late Michael Conrad used to say on Hill Street Blues, “Let’s be careful out there.”

We wish all the families well.

See also, Truckers, ditches, Netflix and witches ... hodgepodge news review, on the InjuryBoard.


Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Des Moines market of the InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (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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