Call us if you have legal questions. Steve Lombardi is a personal injury lawyer in Iowa.  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. Don't delay, call today. 
Steve Lombardi, Attorney

A crash occurred in Clarke County on February 22, 2011 - VEHICLE 1 WAS SOUTHBOUND ON I-35, THE DRIVER WAS TALKING ON HER CELL PHONE AND WAS NOT PAYING ATTENTION. THE VEHICLE STARTED TO LEAVE THE ROADWAY TOWARDS THE MEDIAN AND THE SUBJECT OVER CORRECTED AND ROLLED THE VEHICLE THREE TIMES, BEFORE IT CAME TO REST IN THE WEST DITCH.

What you see above is the narrative from Iowa State Trooper Tucker's ISP Crash Report for a single-vehicle accident on February 22, 2011. The accident occurred at 5:34 P.M. in Clarke County on Interstate 35 in Iowa. The events took place in the southbound lane. I-35 in Iowa is a north-south Interstate Highway that connects Minneapolis and Kansas City. The driver of the car was cited for failure to maintain control under Iowa Code section 321.288. Now here is why I find this report so interesting.

I've not seen many reports where the officer discovers a cell phone being the distraction that is the leading or even a contributing cause of the driver losing control and causing an accident. I say this with confidence because I read lots of accident reports and just before this past Christmas I was involved in an accident with a driver who came across the center line and hit me. I wanted to know whether the driver had a cell phone and if he was on it. The officer seemed reluctant to even ask the other driver and didn't demand to see his phone so he and I could investigate.

In my case I told the officer we had three possible reasons why the driver came across the center line as he did.

  • He's drunk and passed out.
  • Second, he was using his cell phone, texting and paying no attention to his driving.
  • Three, he is suicidal and thought driving  his little sedan into the front end of a Ford F-350 with an 8 foot plow and the truck bed fully loaded with sand and salt would get the job done.

Why are officers reluctant to investigate cell phone usage by the drivers when an accident has happened?

In this instance I say give Trooper Tucker a commendation!

If you wish to read the entire crash report, follow this link to the Iowa State Patrol site or if it's not working I'll carry on the Lombardi Law Firm site under the I-35/I-80/I-235 accident section.

Crash Information


 

 

L
O
C
A
T
I
O
N

Date of Accident
2/22/2011

Time of Accident
05:34 PM

County
Clarke - 20

Accident occurred within corporate limits of (city)

Law Enforcement Case Number:
2011013045

Literal Description
SB INTERSTATE 35 (MILEPOST 40)

Legal Intervention?
No

Private Property?
No

X-Coordinate:
434382.5

Y-Coordinate
4552604.

 

U
N
I
T

1

Driver's Name - Last
BANGURA

First
HAWA

Middle

Suffix

City
DES MOINES

State
IA - Iowa, US

Zip
503200000

Driver's Age
24

Citation Charge Code 1
321.288

Citation Charge 1
FAIL TO MAINTAIN CONTROL

Gender
Female

State
IA - Iowa, US

Class
C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat

Endorsements
None

Restrictions

S - SR Required

Citation Charge Code 2

Citation Charge 2

Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3

Citation Charge 3

Citation Charge Code 4

Citation Charge 4

Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
4 - Possible

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
3 - Deployed both front/side

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path

Trapped
3 - Extricated by mechanical means

Transported to:
CLARKE COUNTY HOSPITOL

Transported by:
CLARKE COUNTY RESCUE

Insurance Co. Name

Year
2004

Make
Ford - FORD

Model
XPL

Style
SW

Approximate Cost to Repair or Replace
5000

Initial Travel Direction
3 - South

Vehicle Action
01 - Movement essentially straight

Speed Limit
70

Point of Initial Impact
07 - Left Side

Most Damaged Area
07 - Left Side

Extent of Damage
5 - Severe, vehicle totaled

Underride/Override
1 - None

Total Occupants
2

Traffic Controls
01 - No controls present

Vehicle Config.
04 - Sport utility vehicle

Cargo Body Type
01 - Not applicable

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
03 - Ran off road, left

Second Event
11 - Overturn/rollover

Third Event

Fourth Event
11 - Overturn/rollover

Most Harmful Event (by vehicle)
11 - Overturn/rollover

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name

City

State

Zip

Number of Axles

Gross Vehicle Weight Rating

Placard #

Hazardous Materials Released?

 

ACCIDENT ENVIRONMENT

ROADWAY CHARACTERISTICS
Major Contributing Circumstances:

WORKZONE RELATED?

SEQUENCE OF EVENTS

Location of First Harmful Event
1 - On Roadway

Weather Conditions (up to two)
02 - Partly cloudy

Environment
1 - None apparent

Location

First Harmful Event of Crash (use codes 11-42 only)
11 - Overturn/rollover

Manner of Crash/Collision
1 - Non-collision

Roadway
01 - None apparent

Type

Light Conditions
1 - Daylight

Surface Conditions
1

Type of Roadway Junction/Feature
01 - No special feature

Workers Present?

 

P
E
R
S
O
N

I
N
J
U
R
E
D

Name- Last
BANGURA

First
DAVID

Middle

Suffix

City

State

Zip Code

Age
18

Sex
Male

Unit No.
1

Seating Position
04 - Center: Left Side / Motorcycle Passenger

Injury Status
4 - Possible

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
3 - Deployed both front/side

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path
1 - Not ejected/not applicable

Trapped
2 - Freed by non-mechanical means

Transported to:
CLARKE COUNTY HOSPITOL

Transported by:
CLARKE COUNTY RESCUE

NON-MOTORIST

Type

Location

Action

Condition

Safety Equipment

Contributing Circumstances

Unit No. of Vehicle Striking

                         

 

D
I
A
G
R
A
M

0

 

 

NARRATIVE


VEHICLE 1 WAS SOUTHBOUND ON I-35, THE DRIVER WAS TALKING ON HER CELL PHONE AND WAS NOT PAYING ATTENTION. THE VEHICLE STARTED TO LEAVE THE ROADWAY TOWARDS THE MEDIAN AND THE SUBJECT OVER CORRECTED AND ROLLED THE VEHICLE THREE TIMES, BEFORE IT CAME TO REST IN THE WEST DITCH.

 

 

Officer
TUCKER

Badge No.
487

Time Officer Notified of Accident
17:36

Time Officer Arrived At Scene
17:38

Name of Agency
P02

Date of Report
2/22/2011

Investigation made at scene?
Yes

T.I. #

 


Any questions about this report may be directed to the following address:
Iowa State Patrol District 02 Office
1619 Truro Pavement
Osceola,IA 50213-8383
Phone: (641) 342-2108
Fax: (641) 342-4653

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
1 Comments
it is very good share,thanks,and i like this blog
by cell phone watch March 4, 2011 at 09:18 PM
Post a Comment