News

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

Worth County Motorcycle Accident has interesting malfunction issue

Posted on Jul 08, 2010

Worth County, Iowa - An interstate 35 crash involving a motorcycle killed the driver allegedly due to an engine malfunction. There was a 27-year-old passenger, Desiree Miller from Northwood who was seriously injured. She was taken to Mercy Hospital in Mason City. Trooper Keith Duenow describes the sequence as follows:

"VEHICLE 1 WAS NORTHBOUND ON I-35 AND LOST CONTROL DUE TO AN ENGINE MALFUNCTION VEHICLE CAME TO REST ON THE SHOULDER OF THE ROADWAY WITH THE DRIVER PINNED UNDERNEATH IT."

The 33-year-old driver was David Leegaard. There was no indication if helmets were used or would have made any difference. The report is unclear what the engine malfunction was or how that fact was determined by investigating officers. The trooper was assisted by officials from Worth and Cerro Gordo County. The accident location is the 207 mile marker in the northbound lanes of I-35. Time of the accident was 11:45 on June 9, 2010. Worth County is just south of the Minnesota-Iowa border.

Of course the first thing any trial lawyer wants to know is more about the engine malfunction. What was the malfunction and why did it happen when it did? When had the bike last been worked on and was this malfunction caused by a mechanic's shoddy work or the result of a lack of maintenance by the owner or just something no one could have anticipated or is responsible for creating. The bike is described as a 1985 Yamaha. That's not exactly a new bike, but if maintained properly it should be safe. I'm not sure how an engine malfunctioning can cause a driver to lose control of the steering, unless something comes loose and interferes with the steering mechanism. This may turn into an interesting fact case for the passenger. In Iowa the passenger does have a claim against a driver when the driver is at fault. Through the driver's negligence a passenger can have a claim against the owner. That's referred to as vicarious liability. The negligence of the driver is imputed to the owner by operation of law. The intention is to make owners more responsible for who drives their car or in this case motorcycle. This also pressures owners to carry liability insurance which in the State of Iowa is mandatory. We won't get into limits; that's a whole other can of worms too long for today's discussion.

See also Northwood man dies in motorcycle wreck, Ed Shannon, Albert Lea Tribune

RadioIowa, Motorcyclist dies in 1-35 accident in Worth County, Bob Fisher, KRIB

Engine trouble leads to Iowa motorcycle fatality, New Biker Store

Have you been involved in a motorcycle accident or wreck? Do you need a lawyer to assist you? Welcome to the Lombardi Law Firm website. Lombardi Law Firm has litigated in the area of motorcycle accidents since 1981.

We try to make our website an interesting source of information for all people who may have suffered an injury or been killed. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe or if injured or killed to assist with your legal claim for civil damages. Call us if you have legal questions or if you have safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety questions that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law. Join us in keeping the construction site safe.

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 28 years in civil litigation including death and injury cases for workers and their spouses from construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the the Iowa Edict and on occasion on the Des Moines Register web site.

Know your rights, act proactively and protect yourself.

Steve Lombardi, Attorney