The Verdict by Lombardi Law Firm

Construction worker hurt suffered a head injury

Sun, 05 Feb 2012 08:00:00 EST

Tama-Toledo, Iowa - Report states a construction worker in Tama County, working on a ladder at Benda Ag Services north of Vining fell from the ladder, struck some rebar, then suffered a head injury and had to be flown to Iowa City for treatment. Head injuries that result in traumatic brain injury can make a worker permanently totally disabled, rending them unemployable. Spouses and dependent children are entitled to receive benefits in some instances. Workers with lifetime brain damage can receive medical benefits for life.
We've had several such cases where clients receive substantial benefits for life.

Do you need legal help with your brain injury case?

Sun, 05 Feb 2012 08:00:00 EST

Workers’ compensation injuries are complicated claims. Those on a construction site sometimes allow for claims against other subcontractors or the general contractor depending on safety issues. We encourage out potential clients to get in touch with us immediately so an investigation can be conducted before anyone destroys evidence or changes the accident scene.

The Times-Republican reports the injured worker is Trevor Abernathy working for an independent contractor, Wiebke Construction. They are erecting a building.

Resources:

The Iowa Edict on Workers’ Compensation in Iowa – Lawyer’s blog
The Verdict has a section on workers’ compensation claims on the Lombardi Law Firm site is for clients and potential clients. – Lawyer’s blog.
The Iowa Industrial Commission, State Government site
The Iowa Industrial Commission, Frequently Asked Questions
Traumatic Brain Injury defined – Brain Injury 101
Complications of Traumatic Brain Injury
Support for those suffering from Traumatic Brain Injury
Brain Injury Association of Iowa – Call 1-800-444-6443 or info@biaia.org
Iowa Plan for Brain Injury
Resources, Advocacy and Funding for People with Traumatic Brain Injury

Sledding accident leads to paraplegia and $2.75 million settlement with City

Fri, 27 Jan 2012 08:00:00 EST

See Sioux City Council OKs settlement in sledding accident, Sioux City Journal
Sioux City council OKs sledding accident payout, Des Moines Register

Severe brain injury is life altering

Fri, 27 Jan 2012 08:00:00 EST

Read, After accident, brain injury, Des Moines woman finds her way back home again, by reporter Janet Klockenga, Des Moines Register.

Is driving 127 mph gross negligence?

Fri, 27 Jan 2012 08:00:00 EST

One man in a pickup truck was driving just 27 mph while the one that slammed into him is reported to have been traveling 127 mph, before slowing to 85 and slamming into him. Three men died in the accident. Those in the pickup truck were Dwight Snowgren of Jamaica and Andrew Jackson of Orient. The driver of the speeding vehicle is reported to be David Muir. The accident occurred on County Road E57 a mile west of Rippey at about 2:00 pm. See Driver’s speed hit 127 mph just prior to fatal crash near Rippey, Tom Alex, Des Moines Register Reporter, January 24, 2012

I would have to say driving at that speed is per se gross negligence. Now my guess is because the one speeding had no license there may not be any insurance on the car. That will leave the Snowgren and Jackson’s estates dividing what coverage was on the pickup truck. The passenger may have other insurance from any vehicle he owned. If either were working then workers’ compensation insurance may provide a lifetime of benefits to the widows.

Lottery - Should I take a lump sum or the 20 years of payments?

Mon, 23 Jan 2012 08:00:00 EST

Making a choice between a lump sum and a stream of annuity payments is often times an exercise in trying to understand human nature. If someone has access to an entire sum of money they will find a way to spend it. An annuity being a stream of income payments can be better if you’re disciplined and don’t get too crazy with spending the money before it comes in. What I tell people is to hire professionals but to learn to recognize they too can be a problem. If you win be a part of a team that manages your wealth for the future, not just the present. You want it to last a long time into the future to change your life and not to just make you a flash in the pan. I recommend you do nothing initially, except to decide how to take the money. If you take a lump sum know that you will have to manage the money. If you’ve never managed a lot of money just know it’s not always fun, especially when it goes down in value and it will at certain periods of time. After all you do have invest the money you’ve taken and that will require decisions to be made on a daily basis about stocks, bonds, real estate and cash. It will require buying, selling and more mundane tasks that require your attention. Your job, yes you will still have one, is to manage your assets – and that takes plenty of time. You will need to learn about money management and investing, which in turn will lead to more learning. You can skip all of this if you don’t care about saving your winnings and turning it into something bigger.

Even taking the simple annuity payments won’t save you completely from this lifetime of learning. You’d be surprised how quickly you begin to accumulate excess cash. First you’ll buy everything you need, then you will buy just to reduce the burden of feeling bad that you have a lot of money compared to those around you, your old friends, and then you will spend to avoid the burdens that having money creates.

Anyway here is the calculator that takes a stream of income and tells you, using a rate of return, an interest rate, how much the stream of income is worth in one-lump-sum. It’s referred to as a capitalization rate. You will need to assume an interest rate or investment rate you can make if you invest the money. Anything over 6% is a dream. If you doubt it just try to earn more in the market. The formula is IRV or the annual income you expect divided by the interest rate or investment return will give you the lump sum you can expect to receive.

Why don't the Amish hire personal injury lawyers?

Tue, 17 Jan 2012 08:00:00 EST

I’ve been wondering why the Amish or Mennonites don’t hire personal injury lawyers. I’ve been in the business for over 30 years and never has anyone from the Amana Colony’s hired me although I know they do get in personal injury accidents when riding horse drawn buggy’s on Iowa’s highways. When you think about it we’ve had terrible accidents lately in New York, Kentucky, Iowa, Ohio and Indiana.

The Iowa accident near Monticello, Iowa on 151 in 2010.

New York accident killed 5 Amish folks.

Ohio Amish girl died in an accident or this one.

Delaware County Crash Analysis from Accident on January 1, 2012

Sun, 15 Jan 2012 08:00:00 EST

Delaware County Crash Analysis from Accident on January 1, 2012

I originally reported about this collision on the Lombardi Law Firm website using only the ISP report. Now we have several news reports published providing additional information and I’ve added links at the bottom of this article. This is an odd accident; because the cause seems extremely odd. Why was the semi truck over the center line? Was it distracted driving? There are many causes of distracted driving including cell phones, texting, computer terminals and even Blue Tooth’s don’t help, although everyone believes they do. The University of Utah has studied cell phone use while driving and concluded it’s as bad as driving while drunk. Follow this link to see the search results. Of course I have no way of knowing what the reason was in this case, because the ISP report is so vague on that point, but that will be the main focus of any lawsuit.

UNIT ONE WAS TRAVELING EAST BOUND ON HWY 20 WHEN IT ENCOUNTERED UNIT TWO THAT WAS TRAVELING WEST BOUND IN THE EAST BOUND LANE. THE VEHICLES COLLIDED IN THE INSIDE LANE OF EAST BOUND HWY 20... This is a case that if the blood work comes back clean from the second car, driven by Daniel Nurre of Dyersville, Iowa then his estate should have no problem claiming fair compensation. I’m assuming the trucking company; Flying J Transportation out of Logan, Utah has high limits of insurance. I’ll cover this accident in a separate blog. The driver of the truck needs to explain why he was travelling in the east bound lanes while driving westerly. There is little left to do aside from interview the witnesses, photograph the truck and the Dodge and then deposing the driver. I’ll cover all of this in the other blog. Just follow this link to see the report. I’ll link up the blog after I write it; this one gets published before that one so it’s an administrative thing.

Link, link, link to the original ISP report, can also see the ISP report by following this link. Link to the obituary. KDST report, Waterloo-Cedar Falls Courier article, KWWL update, KOEL AM 950 updated article and KCRG, Channel 9 News article.

Today's Iowa Highway Truck Accidents – January 9, 2012

Mon, 09 Jan 2012 08:00:00 EST

A Mason City accident showed us why even when you have a green light you still have to yield to oncoming traffic that is going straight through the intersection. This accident is one more school bus accident although it appears from the news reports the bus was just sitting there not moving.
You can ruin your claim by saying too much and talking about things you know nothing about. That’s usually the situation when someone says they are in the right but says too much too fast and without thinking; while ending up on the losing end. So if you have a claim see a lawyer that knows this business.
Three Semis Collide, Close Interstate in Iowa
KEYC TV
More>> Snowy, slick roads are being blamed for a big crash on an Iowa highway ... The second semi driver tried to move over but got hit by another truck. ...
Seeking more crash insight
Fleet Owner
Two of these new joint projects focus on crash modeling research, including the creation of a detailed computer model of the National Highway Traffic Safety ...
Vineland Police
Vineland Daily Journal
A Vineland resident reported Thursday a black pickup truck fled after it ran a ... following a crash Tuesday on West Wheat Road near North Delsea Drive. ...
Two injured in Mason City crash
Mason City Globe Gazette
Autumn Servantez, 16, Mason City was eastbound on Highway 122 preparing to turn north onto South Illinois Avenue when she failed to yield and collided with ...

Carroll County, Iowa car accident a failure to yield case

Sun, 08 Jan 2012 08:00:00 EST

Intersection collision on December 19, 2011 at 9:12 a.m. at 160^th Street and Granite Avenue. We have an 81-year-old driver of vehicle one, the 2008 Chevy CLD PK and Dennis Vonnahme, 65 from Breda, Iowa. It looks like driver two is operating a semi-truck and has the right of way. This is a simple failure to yield case. If you want to read more about who has the right of way at uncontrolled intersections follow this link.

Narrative by Wissler: VEHICLE #1 WAS WESTBOUND ON 160TH ST. VEHICLE #2 WAS SOUTHBOUND ON GRANITE AVE. VEHICLE #1 FAILED TO YIELD THE RIGHT OF WAY AT THE UNCONTROLLED INTERSECTION AND WAS STRUCK BROADSIDE BY VEHICLE #2. VEHICLE #1 WAS PUSHED SOUTH AND IT OVERTURNED CAUSING THE DRIVER TO BE EJECTED. VEHICLE #1 CAME TO REST IN THE EAST DITCH FACING WEST. VEHICLE #2 CONTINUED SOUTHBOUND AND ENTERED THE WEST DITCH AND OVERTURNED SPILLING THE TRAILER FULL OF CORN ON THE ROAD AND IN THE WEST DITCH. THE DRIVER OF VEHICLE #1WAS PRONOUNCED DEAD AT THE SCENE. THE DRIVER OF VEHICLE #2 WAS TRANSPORTED TO ST. ANTHONY'S HOSPITAL IN CARROLL WITH NON LIFE THREATENING INJURIES.

December 24, 2011 at 5:29 a.m. in Pocahontas, Iowa.

Sun, 08 Jan 2012 08:00:00 EST

Single car accidents in which the sole occupant, the driver dies, can't every provide sufficient information to really know why the crash occurred. But we can come to a pretty good idea of why.
Narrative: UNIT #1 WAS NORTH BOUND ON HIGHWAY 15 AT 430TH STREET NORTH OF ROLFE. HIGHWAY 15 CURVES EAST AT THAT LOCATION. UNIT #1 FAILED TO NEGOTIATE THE CURVE, CROSSED THE CENTER LINE, TRAVELED OFF THE ROADWAY TO THE LEFT, ROLLED OVER, AND CAME TO REST ON ITS TOP FACING EAST ON THE WEST SIDE OF HIGHWAY 15. THE DRIVER WAS EJECTED THROUGH THE DRIVER SIDE WINDOW WHILE THE UNIT WAS ROLLING. THE DRIVER CAME TO REST 117 FEET NORTH OF THE UNITS FINAL RESTING POINT.

Driver Error - Fault - Webster County, Iowa - Four-way stops and the stop sign

Sun, 08 Jan 2012 08:00:00 EST

In this crash on December 25, 2011 at 11:39 a.m. in Webster County at PO29/Baxter Avenue it’s a simple case of one driver not stopping for the stop sign and getting t-boned; sort of a no brainer really. One driver was thrown from the vehicle he was driving and died.

Narrative Description by Officer Burns: UNIT ONE WAS SOUTHBOUND ON BAXTER AVE WHEN IT APPROACHED THE INTERSECTION OF HWY 175. UNIT ONE DID NOT STOP AT THE STOP SIGN. UNIT ONE WAS STRUCK BY WESTBOUND VEHICLE, UNIT TWO. UNIT ONE CONTINUED INTO THE SOUTHWEST INTERSECTION OF HWY 175 AND BAXTER AVE COMING TO REST FACING NORTHWEST UPSIDE DOWN IN THE DITCH. UNIT TWO WENT INTO THE SOUTH DITCH OF HWY 175 WEST OF BAXTER AVE FACING SOUTHEAST UPSIDE DOWN AND CAUGHT ON FIRE. DRIVER OF UNIT ONE WAS EJECTED FROM THE VEHICLE AND WAS PRONOUNCED DEAD AT THE SCENE.

Who was involved? There is Michael Schmit from Jefferson, 17-years-old, driving a 2001 Chrysler Concorde LX and Khristian Powell from Panora, 20, driving a Mazda Protégé PR5. In the Powell car was a 25-year-old female, Alexis Owen who was injured and needed to be taken by ambulance to the hospital in Ft. Dodge, Iowa. What a shame to lose one’s life from something as simple as stopping at a stop sign.

Winnebago County, Iowa – Backing accidents – a lookout towards the rear

Sun, 08 Jan 2012 08:00:00 EST

There is this legal concept//duty called a lookout towards the rear and when backing up we all have that duty. In this case it's a 49 year old woman going to look for her mother, backs out of driveway and runs over her. I can’t imagine anything worse. Let's not go here today, because this is way too sad to discuss legal concepts.
UNIT 1 BACKING OUT OF HER DRIVEWAY IN AN ATTEMPT TO GO LOOK FOR HER MOTHER, UNKNOWINGLY RAN OVER HER MOTHER, DROVE AROUND IN AN ATTEMPT TO FIND MOTHER, UPON HER RETURN FOUND MOTHER LYING IN THE ROADWAY, ASSISTED BY LAKE MILLS, POLICE LAKE MILLS AMBULANCE

Loss of Control Doesn't Excuse Deceased Driver's Insurance Company – Passenger can recover

Sun, 08 Jan 2012 08:00:00 EST

Hardin County, Iowa - Two people in a 2003 GMC Envoy at S55 200 meters north of Huron Street on December 30, 2011 at 11:30 pm in

Driver listed as Michelle Chaplin, age 45 from New Providence driving a 2003 GMC.

Injured is Wendi Holman, age 39 from New Providence listed as not wearing a seatbelt. Holman was shown to have died (fatality).

Whatever a driver may have done or be doing that makes them lose control of the car they need to stop before actually losing control in a single-vehicle crash. Accidents, car accidents aren’t just ‘accidents’ without a cause. They all have a cause that pretty much goes back to the driver’s decisions. Driver error can be deadly and not just to the driver; passengers don’t lose their claim because the driver dies; the insurance company still owes. It’s that simple.

VEHICLE 1 WAS NORTHBOUND ON S55 WHEN FOR AN UNKNOWN REASON LOST CONTROL AND ENTERED THE WEST DITCH STRIKING A CULVERT CAUSING IT TO ROLL OVER ONTO IT'S SIDE THE ACCIDENT REMAINS UNDER INVESTIGATION ASSISTED BY HARDIN COUNTY SHERIFF'S OFFICE, ELDORA FIRE AND AMBULANCE AND NEW PROVIDENCE FIRE

Another Hit-n-Run in Iowa - This one on I-80, another on I-35

Sun, 08 Jan 2012 08:00:00 EST

Recently a man contacted me about an accident on I-80 where a truck carrying a ladder left the scene after the ladder fell off onto I-80 and caused a multi-car pileup. The guy with the ladder stops to retrieve his ladder, but after seeing the mayhem he caused takes off. This is still a hit-n-run accident although in the law we refer to it as leaving the scene of a personal injury accident. Hey, if you know anything about this driver’s identity call me and there may be a reward in it for you. Steve Lombardi 515-222-1110 or sdlombardi@aol.com. Today's accident is on I-35 and involves similar issues. The judge isn't going to be very happy with this guy.

December 30, 2011 at 17:52 at the 193 milemarker on I-35.

Cerro Gordo County, Iowa

Neri Galan from Waco, TX age 51, driving a 1997 DINA Charter Bus

And Frederick Langrock, 74 from Toeterville, Iowa driving a 2004 Chevy Astro Van. Langrock died in the crash.

VEHICLES 1 AND 2 WERE BOTH TRAVELING SOUTHBOUND ON I35, VEHICLE 2 REAR-ENDED VEHICLE 1, VEHICLE 2 CAME TO REST ON THE INSIDE SHOULDER OF I35 AND VEHICLE 1 LEFT THE SCENE BUT WAS LATER LOCATED ALONG WITH THE DRIVER, THE ACCIDENT REMAINS UNDER INVESTIGATION ASSISTED BY CLEAR LAKE POLICE DEPARTMANT, CLEAR LAKE FIRE AND RESCUE, CLEAR LAKE AMBULANCE, CERRO GORDO COUNTY SHERIFF'S OFFICE

Young driver crosses the median hits elderly driver head-on

Sun, 08 Jan 2012 08:00:00 EST

Young driver crosses the median hits elderly driver head-on - This is a failure to maintain control case.
Dubuque highway reopens after collision The Republic AP DUBUQUE, Iowa — Authorities have reopened US Highway 151/61 after an accident forced its closure for several hours in Dubuque. Police say a 19-year-old ...
Dubuque highway reopens after collision KGAN The Public File is available to the public at 600 Old Marion Road NE, Cedar Rapids, Iowa 52402 weekdays from 8am to 5 pm.

Mills County Wreck is an example of improper passing

Sun, 08 Jan 2012 08:00:00 EST

In front of the one car is a slow moving vehicle and the driver probably gets somewhat impatient; he’s just 21-years old and tries to pass before the traffic lane is clear which results in a head-on collision. Drivers are both injured. The issues involve look-out, improper passing and failing to drive using due car.
2 injured in SW Iowa wreck Omaha World-Herald COUNCIL BLUFFS — Two people were injured Thursday in a collision in Mills County south ... The wreck occurred about 3 pm on US Highway 34 near 350th Street, ...

Drivers who flee scene of accident may have something to hide or may just be scared

Sun, 08 Jan 2012 08:00:00 EST

Here is an article that reports a man fleeing the scene of a car and truck accident in which one person died. Years ago I represented the estate of a woman that died from drowning after the car she was in overturned in a ditch filled with water. The driver ran from the scene and was later found at his home, where he denied being the driver. He reported that he’d been home drinking and showed up at the door with a beer can. His blood alcohol level was more than likely over the legal limit. Months later he admitted to being the driver, but the prosecution was unable to prove he was intoxicated at the time of the accident so he escaped a DUI and vehicular homicide. In any case in which the driver flees and this is the second one in the past several months, the question is always raised as to what motivated them to run from the scene where assistance is needed by those that are injured. Of course I’ve always wondered how they deal with that issue later in life. Does it bother them that a person who died may have needed their help and had they stayed it may have saved the person’s life. I wouldn’t want to live with that guilt. Who knows maybe they don’t’ care because of a defect in their moral upbringing or character development.

Today lawyers have a growing book of cases where cell phones and alcohol play a part in causing the accidents. A bad economy is one reason, but others include irresponsibility and the lack of character development. Young people panic and run for fear of ruining their lives, but frankly the deed has already been done and there is no going back or getting a do-over.

Officials say Wisconsin resident died in northeast Iowa collision; 1 driver flees scene

SAGEVILLE, Iowa — Authorities say they have arrested the driver of a pickup truck that fled after a deadly crash near Sageville in northeast Iowa.

The Dubuque County sheriff's office says 41-year-old Earl Hiland III, of Dubuque, was arrested Wednesday. He is being held on $11,000 bond.

Hiland is charged with leaving the scene of a fatality accident, failure to provide information and aid-leaving the scene of a personal injury accident and driving while license denied or revoked. No attorney information was available late Wednesday.

Investigators say Hiland's pickup crossed the center line on U.S. Highway 52 and hit an oncoming car driven by 28-year-old Casey Craugh, of Hazel Green, Wis. Craugh's car was then struck by van.

Craugh died at the scene. The van's driver, 42-year-old Jennifer Pape, of Sherrill, was hospitalized.

http://www.therepublic.com/view/story/22e2b2b077c04275adc8c5db648336fe/IA--Fatal-Collision-Search/

Man Killed in Dubuque County Crash

http://www.kcrg.com/news/local/Man-Killed-in-Dubuque-County-Crash-136298543.html

DUBUQUE COUNTY, Iowa - A man died after a multi-vehicle crash near Sageville, investigators said. The Dubuque County Sheriff's office said a Dodge Dakota pick-up crossed the center line and sideswiped a car, driven by Casey Craugh, 28, of Wisconsin. The crash happened around 5:00 p.m. Tuesday on Highway 52, near Highway 386. The impact of the crash caused Craugh's car to slide. A van, driven by Jennifer Pape, 42, then crashed into Craugh's car. Craugh died at the scene. The collision rolled Pape's vehicle on its side, pinning her in the van. Responders extricated her and took her to the hospital. Her condition was not made immediately available. Investigators said the driver of the Dodge Dakota left the scene on foot. If you have any information about the driver, contact the Dubuque County Sheriff's Office.

Hit-n-Run Accidents - Fleeing Drivers Take to Foot Following Five Recent Car Accidents

Sun, 08 Jan 2012 08:00:00 EST

This case is one from Council Bluffs. (Link + Link) The second from Dubuque County (Link) and then there was the other from the Waterloo area. (Link) (“Update: Charges in truck-motorcycle crash allege hit-and-run driver was texting before accident”)
Here is another report of the driver leaving the scene of an accident.
Clear Lake area on I-35. (Link) “Driver charged with leaving scene of fatal accident on I-35”
And a fifth in Northwood, Iowa. “The man charged with the fatal hit-and-run of a young girl boarding a school bus in May has likely reached a …one count of leaving the scene of a personal injury accident resulting in death.” (Link) “Driver Identified: Girl Dies in hit-and-run accident in Worth County”
According to the Republic in the Dubuque County case the hit-n-run driver was later arrested, charged with leaving the scene of the accident, failing to provide information and driving with license suspended or revoked and was being held on $11,000 bond.
If you need help with your hit-n-run case let us help with the investigation and litigation. But if not good luck and hire a lawyer early on in the investigation, as close to the accident date as you can, so the lawyer can get involved.
For Additional Reading (Be careful with reading this because it may not be up to date. If you’ve run and want to turn yourself in call Todd Miler, a lawyer who does criminal defense work in Iowa and in the Des Moines and West Des Moines area.)
Hit and Run Laws in Iowa
Hit and Run Laws by State

Why do drivers flee the scene of an accident?

Sun, 08 Jan 2012 08:00:00 EST

Officials say Wisconsin resident died in northeast Iowa collision; 1 driver flees scene

SAGEVILLE, Iowa — Authorities say they have arrested the driver of a pickup truck that fled after a deadly crash near Sageville in northeast Iowa.

The Dubuque County sheriff's office says 41-year-old Earl Hiland III, of Dubuque, was arrested Wednesday. He is being held on $11,000 bond.

Investigators say Hiland's pickup crossed the center line on U.S. Highway 52 and hit an oncoming car driven by 28-year-old Casey Craugh, of Hazel Green, Wis. Craugh's car was then struck by van.

Craugh died at the scene. The van's driver, 42-year-old Jennifer Pape, of Sherrill, was hospitalized.

http://www.therepublic.com/view/story/22e2b2b077c04275adc8c5db648336fe/IA--Fatal-Collision-Search/

Man Killed in Dubuque County Crash

http://www.kcrg.com/news/local/Man-Killed-in-Dubuque-County-Crash-136298543.html

One-vehicle, one-driver, one death = one workers' compensation death claim

Sun, 08 Jan 2012 08:00:00 EST

Fault has nothing to do with the award of workers’ compensation benefits.

Narrative by ISP Trooper Steinkamp: VEHICLE #1 WAS EASTBOUND ON HWY 20 WHEN THE DRIVER ENTERED THE MEDIAN AND DROVE INTO THE DRAINAGE DITCH. THE VEHICLE STRUCK THE EAST DITCH EMBANKMENT.

Accident took place on December 29, 2011 at 3:30 pm in Webster County at mile marker 130 in the eastbound lane at bridge number 94304. The report has a Gary Sulsberger from Rodney, Iowa driving a truck from KVLZ Trucking of Climbing Hill, Iowa in the collision and dying from the forces involved with striking a ditch embankment. The truck is rated at 80,000 pounds GVW.

Every Iowa driver has a duty to watch where they are going

Sun, 08 Jan 2012 08:00:00 EST

This Appanoose County, Iowa fatal collision is nothing more than a Failure to Maintain a Proper Lookout. It’s no excuse that you didn’t see the car or that you are elderly. Just like it’s no excuse that you are young and inexperienced. We don’t and can’t make exceptions for age related causes. At some point you simply have to stop driving.

This collision to the life of a 75-year-old woman from Mystic, Iowa; injured were Thomas Twohill and Janan Twohill, both from Fairfield, Iowa. (Each person injured is 45-years-old.)

Summary by ISP Spencer: VEH 1 WAS WB SWERVED INTO EB LANE OF HWY 2 TO AVOID STRIKING VEHICLE TURNING INTO BUSINESS DRIVE - VEH 2 WAS EB ON HWY 2 AND WAS STRUCK HEAD ON BY VEH 1 STILL UNDER INVESTIGATION ASSISTED BY: APPANOOSE COUNTY SHERIFF, AREA FIRE,RESCUE & EMS, CENTERVILLE POLICE.

The accident happened at 1:58 pm on December 16, 2011 on Highway 2 west of Centerville by ½ mile.

Johnson County Accident – Cresting a hill with head-on crash

Sun, 08 Jan 2012 08:00:00 EST

I’ve seen this type of accident quite a few times in my 30 years of managing car accident litigation. We have two cars approaching the crest of a hill from different directions and either one or both are either over or too close to the center line. They crest the hill and we have a head-on collision with catastrophic injuries. In this case a person died. Every driver is under a legal duty or obligation to stay on their own side of the road; and when you don’t and an accident occurs you’re liable. It’s that simple. Photo of the location.

Cameron Lynn Davis, age 38, from Wellman, Iowa, driving a 2005 Dodge Ram.

Jennifer Lynn Hussman, age 34 from Wellman, Iowa, driving a 2005 Chrysler.

Davis was injured and Hussman died.

DAVIS WAS WEST BOUND ON 500TH STREET SOUTHWEST AND HUSMANN WAS EAST BOUND ON 500TH STREET SOUTHWEST DAVIS CAME OVER A HILLCREST AND STRUCK HUSMANN HEAD-ON IN THE EAST BOUND LANES HUSMANN WAS PRONOUNCED DEAD AT THE SCENE

Accident happened on December 27, 2011 at 7:35 a.m. one half mile east of Johnson Iowa Road on 500 Street SW.

The Broadside Auto Accident Primer: Was the driver's view blocked, is it inattention or speed?

Mon, 02 Jan 2012 08:00:00 EST

Today’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

What are the right questions to ask from the physical evidence and the eyewitnesses?

Ten things we want to know from the accident investigation:

We would want to know if there was an obstruction to the view of Mr. Pink.
We would want to know the speed of the Beatty truck?
We want to know how long any skid marks are along with where they start and stop.
We want to know the initial point of impact.
We want to know the crush depth into the Toyota.
We want to know if Mr. Pink was distracted while driving.
We want to know if any driver was under the influence of alcohol or drugs.
We want to know the chemical tests from the autopsy report and any administered to the other driver.
We want to view the scene and photograph it.
We want to interview any passengers.

Things to do right now:

Get the ISP Technical Investigation Report with Photographs.
Visit the accident scene.
Talk with as many witnesses as you are able.
Photograph the vehicles involved.
Photograph the scene.

Look in the vehicles for evidence showing the whereabouts of the passengers prior to the collision.

There are a lot more questions to be answered but this is a start. What we are evaluating is negligence of all drivers and the landowners who have a duty to mow their weeds. Remember right now you want to prove the facts not your case. Your case will be proven, or not, when you gather and preserve the facts.

The Iowa State Patrol describes the accident this way:

NAMES HAVE BEEN RELEASED, VEHICLE 1 WAS WB ON C57, AS VEH 1 ATTEMPTED TO CROSS THE SB LANES OF HWY 63 HE WAS STRUCK BROADSIDE BY SB VEH 2, VEH 2 WAS A PICKUP PULLING A TRAILER, VEH 1 ENTERED WEST DITCH SOUTH OF THE INTERSECTION, VEH 1 CAME TO REST IN DITCH FACING NORTH, VEH 2 ALSO ENTERED WEST DITCH AND FLIPPED COMING TO REST ON ITS TOP FACING NORTHWEST, THE TRAILER SEPARATED FROM VEH 2 COMING TO REST PARTIALLY ON TOP OF VEH 2.

Follow this link to read the Iowa State Patrol’s preliminary report.

Page Headline: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Description: Securing the Evidence: November 21, 2011 Iowa State Patrol Accident Report - Monona County, Joseph Daggett, Robert Palmer and LENLEY RAY SCHOFIELD JR.

Keywords:

Page Category: Large Damage, Major-Serious Injury and Death Cases

Page URL:http://www.lombardilaw.com/library/2011.11.21._Daggett_and_Palmer_and_Schofield_Monona_County_Iowa_State_Patrol_Crash_Reports.pdf

Appanoose County, Iowa Crossing the Center Line Crash

Mon, 26 Dec 2011 08:00:00 EST

News from Appanoose County, Iowa on Highway 2 – An accident reported by KTVO has a woman crossing the center line after swerving to avoid striking a truck turning into a driveway. This is a case based on fault and driven by a failure to maintain a proper lookout, driving with due care and driving at a proper speed. Unfortunately the driver died.

“According to the Appanoose County Sheriff's Office, around 2 p.m. Friday afternoon, Myra Vandermark, of Mystic, was driving a Ford Contour westbound on Highway 2, when her vehicle hit a Hyundai Sonata in the eastbound lane, occupied by Thomas Twohill and Janan Twohill, of Fairfield.

An eyewitness told law enforcement that Vandermark swerved into the eastbound lane to avoid crashing into the back of a truck that was turning right into a driveway.”