Winter in Iowa means accidents, and lots of them.

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

Today we look at a few of the accidents resulting in a fatality as investigated and reported on by the Iowa State Patrol. For the past couple of weeks we've had a pause in the numbers, but with the first bit of snow and ice the numbers are right back up there again.

The car and truck related deaths come to us from the following counties: Harrison, Cerro Gordo, Polk, Freemont, Pocahontas, Webster, two from Franklin, Marion, Marshall and another one from Harrison.

There are twelve preliminary reports on file and no full reports to date.

Let's take a look and see what shakes out with the causes. Keep in mind that the cause as reported by the Iowa State Trooper isn't necessarily the one I would agree with. A jury or judge might think otherwise or they may agree with the officer. And who knows what the insurance company will think so long as it results in a delay in payment.

Harrison: This is a one-vehicle crash where the driver for whatever reason lost control and left the paved surface resulting in his car rolling and his being ejected. He was a 22-year-old man from Logan, Iowa driving a 2004 Chevy Silverado. 11/25/2010 at 5:05 a.m. No seat belt.

VEHICLE 1 WAS TRAVELING SOUTHEAST ON HWY 127 VEHICLE 1 FAILED TO NEGOTIATE A LEFT HAND CURVE AND LEFT THE ROADWAY AND PARTIALLY ENTERED THE SE DITCH DRIVER STEERRED BACK TOWARD THE ROADWAY AND LOST CONTROL THE VEHICLE SLID ACROSS THE ROADWAY AND THROUGH THE INTERSECTION WITH MORGAN AVE VEHICLE THEN ENTERED THE NW DITCH AND SLID INTO A FARM FIELD ROLLING AND EJECTING THE DRIVER
VEHICLE CAME TO A STOP DOWN AN EMBANKMENT NEAR A CREEK

Cerro Gordo: This second one is another single vehicle accident that killed a 67 year-old woman from Traverse City, Michigan. I've represented someone from Traverse City, Michigan involving a U-Haul rollover after the trailer began to uncontrollably oscillate. This woman is one Lorna Clark who wasn't using her seat belt.

CLARK WAS TRAVELING SOUTHBOUND ON I35 WHEN SHE LOST CONTROL OF THE VEHICLE AND ENTERED THE MEDIAN WHERE THE VEHICLE ROLLED, CLARK WAS EJECTED AND PRONOUNCED DEAD AT THE SCENE, A BRIEF BAND OF FREEZING RAIN HAD PASSED THROUGH THE AREA CAUSING SLIPPERY ROAD CONDITIONS ASSISTED BY MASON CITY FIRE AND AMB, CERRO GORDO COUNTY SHERIFF'S OFFICE

Polk: This next one in Polk County involves an issue that is an interesting one, because the report appears to conclude that weather conditions are the cause of the accident, when in fact weather can be only a contributing factor to why control is lost by the driver. The driver has to be in control, not the weather and that means the one driver should be found to be at fault or negligent.

It's a two-vehicle accident on Highway 17 and the Des Moines River Bridge between a Peterbilt Semi and a 2004 Kia, a terribly unfair fight if I must say so. The lady in the Kia died in the collision. The Peterbilt driver was not. When it starts to rain, sleet, hail or snow the driver should be experienced enough to slow it down and maintain control. In this instance no charges were anticipated.

VEH 1 WAS NORTHBOUND ON HWY 17, VEH 2 WAS SOUTHBOUND ON HWY 17 LOST CONTROL DUE TO WEATHER CONDITIONS, ENTERED NORTHBOUND LANES COLLIDING HEAD ON WITH VEH 1 BOTH 1 AND 2 CAME TO REST 200-300 YARDS FROM POINT OF CONTACT ACCIDENT STILL INVESTIGATION NO CHARGES ANTICIPATED

Freemont: In the next collision we have a two-vehicle collision that results in one death and one injured person. Andrew Hill of Grantsville, Utah is the 24-year-old injured young man driving a semi-truck for Werner Transport. He was taken to the hospital in Shenandoah. This accident is one where the driver that died came across the center line and hit the semi-truck head-on. There isn't much the driver of the semi truck could have done other than attempt to stop. With his being injured he'll have both a third-party lawsuit and an Iowa workers' compensation claim. There are deadlines for both types of actions so he's best to keep his mind clear and obtain legal advice without delay. If he can take photographs of the vehicles and the scene he should. Of course being from Utah it isn't likely he'll have access so hiring an attorney is his best course of action.

VEH 1 WAS EB ON HWY 2, VEH 2 WAS WB ON HWY 2, VEH 1 CROSSED CENTER LINE AND STRUCK VEH 2 HEAD ON, VEH 1 CAME TO REST PARTIALLY ON SOUTH SHOULDER IN EB LANE, VEHICLE 2 CAME TO REST IN SOUTH DITCH WITH TRAILER PORTION ON SOUTH SHOULDER AND PARTIALLY IN EB LANES OF HWY 2, VEHICLE 1 BURST INTO FLAMES AFTER IMPACT, DRIVER OF VEH 1 WAS PRONOUNCED DEAD ON THE SCENE BY FREMONT COUNTY MEDICAL EXAMINER, DRIVER OF VEHICLE 2 WAS

Pocahontas: In this next collision we have the ice covered road along with coming across the center line and crashing head-on with another semi-truck. That driver, the one coming across the center line died and appears he was the at-fault driver. Just as in the Freemont collision the semi-truck driver, Douglas Eugene Steimel, 43 from Alta, Iowa was injured and taken to the hospital by the ambulance out of Laurens. He was using his seat belt. The driver that died was also using a seat belt.

This collision took place at mile marker 93 on Highway 32, east of Laurens. The driver fatally injured was driving a 1995 Chevy S10 which without salt or sand in the truck bed has a very light and unstable rear end when traveling on a slippery surface. This reminds me that I need to add sand to the bed of my pickup truck.

ROADWAYS AT THE TIME OF COLLISION WERE ICE COVERED FREEZING DRIZZLE WAS FALLING VEH 1 WAS WESTBOUND ON HWY 10 VEH 2 WAS EASTBOUND VEH 1 LOST CONTROL CROSSED CENTER LINE AND COLLIDED HEAD ON WITH VEH 2 ACCIDENT REMAINS UNDER INVESTIGATION ASSISTED BY POCAHONTAS SHERRIF DEPT LAURENS FIRE DEPT LAURENS AMBULANCE LAURENS POLICE DEPT

Webster: In this accident a Ford Explorer and a Chevy Silverado collide and a 33-year-old woman dies while the Silverado driver is also injured. The southbound unit is Steven McAllister, 24 which means he's coming to this uncontrolled intersection from the right and has the right-of-way. The woman driving the Ford Explorer is heading west and would therefore, assuming the police report is correct, would have a duty to yield.

UNIT 1 WAS WESTBOUND ON 320TH UNIT 2 SOUTHBOUND ON JOHNSON AVE, THE VEHICLES COLLIDED WITHIN THE INTERSECTION OF 320TH AND JOHNSON AVE THE INTERSECTION IS UNCONTROLLED FOLLOWING THE COLLISION, UNIT 2 ENTERED INTO THE SOUTHEAST DITCH AND FIELD AND CAME TO REST FACING NORTHWEST UNIT 1 TRAVELED SOUTH AND CAME TO REST IN THE WEST DITCH TO THE SOUTH OF THE INTERSECTION FACING WEST THE ACCIDENT REMAINS UNDER INVESTIGATION.

While we are on this point of uncontrolled intersections let us review the rules-of-the-road regarding uncontrolled intersections.

600.35 Approaching Or Entering Intersection.  When two vehicles enter an intersection at approximately the same time so that if both proceed without regard to the other a collision is reasonably to be expected, the vehicle on the left shall yield the right-of-way to the vehicle on the right.

A violation of this law is negligence.

You can also review my post Uncontrolled Intersections in Rural Iowa can be a Serious Challenge, Lombardi, June 9, 2010.

Franklin: In this single-vehicle collision two people died. They have the same last name so one has wonder if they are related. The driver is 40-years of age and the passenger 14. The report provides few details but the fact it's still under investigation indicates blood work may be forthcoming. Time of the accident is 8:42 a.m. on November 20, 2010 at 100th Street and Balsam. The car is a 1992 Mazda.

VEHICLE WAS EB ON BALSAM LOST CONTROL AND ROLLED VEHICLE INTO CREEK REMAINS UNDER INVESTIGATION

Franklin: This is actually the same collision as reported above.

Marion: Another single-vehicle accident involving a loss of control, leaving the roadway and rolling the car; the occupant is ejected and is pronounced dead at the scene. A 52-year-old woman was the driver of a 2002 Chevy Silverado. We have seen several accidents involving the Silverado today. No seat belt was used.

VEH 1 WAS TRAVELLING NORTHEAST ON T15 WHEN DRIVER LOST CONTROL ON THE CURVE LEAVING THE RDWY AND CAUSING THE VEH TO ROLL, DRIVER WAS EJECTED, DRIVER WAS PRONOUNCED DEAD AT THE SCENE, ASSISTED BY MARION CO SHERIFF'S OFFICE, KNOXVILLE FIRE & RESCUE, AND KNOXVILLE AMBULANCE

Marshall: On to Marshall County we have a 2-vehicle collision between residents of Cedar Rapids and Marshalltown. In this collision it's a failure on the part of the driver pulling out onto Highway 30 to yield to oncoming traffic. The oncoming vehicle, a 2006 Dodge Ram t-boned the Honda Civic and the Civic's driver died as a result. She was from Cedar Rapids so I have to wonder if she was very familiar with the intersection or in a hurry to get home. I'm guessing but that's what we do initially when putting the case together and trying to figure out which driver was negligent. The time is 6:01 p.m. on November 19, 2010 at the Highway 30 and mile marker 191 intersection.

UNIT 1 WAS NORTHBOUND ON YATES AVENUE STOPPED AT STOP SIGN AND PROCEDED TO TURN EASTBOUND ON HIGHWAY 30 WHILE UNIT 1 WAS TURNING IT WAS STRUCK BROADSIDE BY UNIT 2 ACCIDENT UNDER INVESTIGATION

Harrison: In this collision the driver of the F-350 Ford pickup truck dies when a collision happens with a 2003 Freightliner Semi. I drive an F-350; it's a big truck but still no match for a Freightliner. The Freightliner's driver, Kevin Bostwick, 37 from Missouri Valley, Iowa was injured the other driver killed in the collision. This is about the third collision today where someone crosses over the center line after going off the hard surface and overcorrecting trying to regain control, only to end up hitting an ongoing semi-truck head-on. It's tragic really and we will probably never know why the F-350 driver lost control. It's my opinion a jury would find for the semi-truck driver and find the F-350 driver clearly at fault. Like the Freemont accident above the semi-truck driver should act to preserve evidence of the crash with photographs and have someone, a lawyer, review his workers' compensation claim, if any. This accident was reported on in the Des Moines Register, Missouri Valley man dies of injuries suffered in crash, November 27, 2010.

VEH 1 (F250) WAS EB ON HWY 30 WHEN IT DROVE OFF THE RIGHT SHOULDER, DRIVER OVERCORRECTED AND STEERED BACK ONTO THE ROADWAY, CROSSING THE CENTER LINE VEH 2 (FREIGHTLINER) WAS WB ON HWY 30 AND ATTEMPTED TO AVOID VEH 1 BY STEERING ONTO THE RIGHT SHOULDER AND THE 2 VEHICLES COLLIDED IN THE WB LANE VEH 1 CAME TO REST IN THE EB LANE FACING WB AND VEH 2 CAME TO REST IN THE S DITCH WITH THE TRAILER STILL ON THE ROADWAY VEH 2 TRAILER

Minimal Reports

A crash occurred in Harrison County on November 25, 2010

VEHICLE 1 WAS TRAVELING SOUTHEAST ON HWY 127 VEHICLE 1 FAILED TO NEGOTIATE A LEFT HAND CURVE AND LEFT THE ROADWAY AND PARTIALLY ENTERED THE SE DITCH DRI ...

A crash occurred in Cerro Gordo County on November 24, 2010

CLARK WAS TRAVELING SOUTHBOUND ON I35 WHEN SHE LOST CONTROL OF THE VEHICLE AND ENTERED THE MEDIAN WHERE THE VEHICLE ROLLED, CLARK WAS EJECTED AND PRONOU ...

A crash occurred in Polk County on November 24, 2010

VEH 1 WAS NORTHBOUND ON HWY 17, VEH 2 WAS SOUTHBOUND ON HWY 17 LOST CONTROL DUE TO WEATHER CONDITIONS, ENTERED NORTHBOUND LANES COLLIDING HEAD ON WITH V ...

A crash occurred in Fremont County on November 23, 2010

VEH 1 WAS EB ON HWY 2, VEH 2 WAS WB ON HWY 2, VEH 1 CROSSED CENTER LINE AND STRUCK VEH 2 HEAD ON, VEH 1 CAME TO REST PARTIALLY ON SOUTH SHOULDER IN EB L ...

A crash occurred in Pocahontas County on November 22, 2010

ROADWAYS AT THE TIME OF COLLISION WERE ICE COVERED FREEZING DRIZZLE WAS FALLING VEH 1 WAS WESTBOUND ON HWY 10 VEH 2 WAS EASTBOUND VEH 1 LOST CONTROL ...

A crash occurred in Webster County on November 21, 2010

UNIT 1 WAS WESTBOUND ON 320TH UNIT 2 SOUTHBOUND ON JOHNSON AVE, THE VEHICLES COLLIDED WITHIN THE INTERSECTION OF 320TH AND JOHNSON AVE THE INTERSECTIO ...

A crash occurred in Franklin County on November 20, 2010

VEHICLE WAS EB ON BALSAM LOST CONTROL AND ROLLED VEHICLE INTO CREEK REMAINS UNDER INVESTIGATION

A crash occurred in Franklin County on November 20, 2010

VEHICLE WAS EB ON BALSAM LOST CONTROL AND ROLLED VEHICLE INTO CREEK REMAINS UNDER INVESTIGATION

A crash occurred in Marion County on November 19, 2010

VEH 1 WAS TRAVELLING NORTHEAST ON T15 WHEN DRIVER LOST CONTROL ON THE CURVE LEAVING THE RDWY AND CAUSING THE VEH TO ROLL, DRIVER WAS EJECTED, DRIVER WAS ...

A crash occurred in Marshall County on November 19, 2010

UNIT 1 WAS NORTHBOUND ON YATES AVENUE STOPPED AT STOP SIGN AND PROCEDED TO TURN EASTBOUND ON HIGHWAY 30 WHILE UNIT 1 WAS TURNING IT WAS STRUCK BROADSIDE ...

A crash occurred in Harrison County on November 11, 2010

VEH 1 (F250) WAS EB ON HWY 30 WHEN IT DROVE OFF THE RIGHT SHOULDER, DRIVER OVERCORRECTED AND STEERED BACK ONTO THE ROADWAY, CROSSING THE CENTER LINE VEH ...

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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