Des Moines Personal Injury Lawyer - Automobile Accidents

Des Moines Woman dies on County Road due to a Failure to Stop

Steve Lombardi — Mon, 23 Nov 2009 12:01:00 GMT

According to the Des Moines Register, Jennifer Sue Peacock from Des Moines was at the intersection of County Road S31 and Iowa Highway 5 near HartfordThe 24-year-old failed to come to a complete stop and was then broadsided. Her 1997 Chevrolet Lumina was broadsided by Jarred Camden Roy, age 33., on Sunday October 18^th around 7:30pm.Knoxville driving a truck. Peacock died when she was involved in this reported two-vehicle collision.

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on. Des Moines Register

If the facts are different then the outcome may also be different, but according to this report the fault is her’s for failing to yield the right of way. California stops don’t work. We wish her family well along with the other driver. . On this week coming up to Thanksgiving we should be thankful for the little we have and for the lives we live. Enjoy your holiday with family and friends.

Originally posted at InjuryBoard by Steve Lombardi

Go-Carting Safety and Riding on the Public Streets

Steve Lombardi — Fri, 13 Nov 2009 10:25:00 GMT

On September 04^th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300^th Street and Stanley Road near Fredericksburg at about 5 p.m. Mr. Beaulieau was driving the go cart and both boys were ejected on impact and both died as a result of the injuries sustained in the crash.

First of all the report isn't clear but appears to say they were driving the go-cart on the public’s right-of-way; the road or street. If so, our first thought is to ask what are they doing riding on the street? And why at 5:00 p.m. when commuter traffic is likely to be increased due to people coming home from work? No license, no registration, no tags and no reason to be there. Was there a moped type flag on the go-cart? Go-carts are too low to be seen by normal drivers, so it's an accident waiting to happen.

The next question that always comes up is about supervision. Where were the adults who should be supervising them and why did they think it permissible to be driving a motorized go-cart on the public streets? What were they taught about riding it on the streets? Was someone home watching Oprah when they should have watching the kids? These are the types of questions that would need to be answered.

I've got experience with this in my neighborhood. I see my neighbor's children and adult children running an unlicensed ATV on the streets while trying to pull wheelies. When I see them out there my first thoughts are when the accident is going happen; you know the one that is inevitable. You see I live on a corner and I know my neighbors driving habits; probably too well. Here is my one neighbor who is also a lawyer and he drives way too fast through that intersection and now we are adding kids and young adults on an unlicensed vehicle. And then there are the neighborhood teen drivers going through that intersection as if they owned it. I’m shaking my head as I ponder the sound of metal to metal as the crash unfolds in my head; that's what happens to aging personal injury lawyers; we dream of all the crashes we've had cases about. Maybe I should move to the end of the cul-de-sac; then I wouldn’t know so much about the intersection down by Lombardi’s house.

These situations lead to tough questions with very unsatisfying answers.

If you’ll recall we’ve discussed a similar type of accident involving an ATV running into a parked car.

But it also raises another question. What was the driver of the Ford truck doing? How fast was he going? Did he have any distractions that took away from his awareness as a driver on the public roads? His actions may not excuse his negligence. Was he aware from previous occasions that this kid would be out riding his go-cart in the street? If so, was he watching out for him? Did he know the kid was there and just ignored him? Determining negligence is such a multi-faceted task with many questions about the behavior of each actor that need to be answered about whether it lived up to the reasonable man standard. In this case it’s probably too easy to just want to blame the kids on the go-cart; but our first inclinations aren’t always the fairest either.

So let’s wait till we know all the facts before judging and coming to a conclusion.

We wish the families well and I rest my case.

Originally posted at InjuryBoard by Steve Lombardi

That center line is there for a reason.

Steve Lombardi — Wed, 11 Nov 2009 09:00:00 GMT

Samantha Martin (39) died when the Iowa State Patrol officer reports a car driven by Lisa Ann Smith (44 years-of-age) crossed the center line and caused a crash. Martin was driving a Dodge Neon, Smith was driving a Jeep Wrangler. Martin was from East Moline, Illinois and Smith lived in Le Claire.

What are the possible reasons for crossing the center line.

1. Distractions. Distracted driving.

2. Driving will under the influence of alcohol or drugs.

3. Falling asleep.

4. Diabetic reaction.

5. Intending on committing suicide.

6. A heart attack or medical condition that is sudden and unexpected.

7. Simple confusion.

8. Automobile malfunction.

9. Old age.

10. Youthful exuberance.

Perhaps in this case we will never know the reason or reasons.

Originally posted at InjuryBoard by Steve Lombardi

Head-on Crash and the Center line in Clayton County, Iowa

Steve Lombardi — Tue, 10 Nov 2009 10:58:00 GMT

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.

Originally posted at InjuryBoard by Steve Lombardi

$2 Million Dollar Cell Phone Call, Tort Reform Would Say "Sorry Wrong Number"

Steve Lombardi — Thu, 29 Oct 2009 14:18:00 GMT

Chicago Woman Pedestrian Struck by Distracted Driver

Here is the report: The following is alleged - 24-7 Press Release article released October 7, 2009, the settlement for a personal injury case of $2 million. Marla Gray-Moores, who worked at Starbucks in the Loop of Chicago, was walking in the cross-walk at the time of the pedestrian crossing light when struck by the car driven by Kevin Hwang. Hwang was on westbound Randolph turning left onto southbound Clark while talking on his cell phone, and hit Gray-Moores. He said he did not see her until she had already hit the front of his car. Hwang’s ex-girlfriend was in the car and warned him of the woman but testified that he did not listen to her warning.

Gray-Moores was brought to Northwestern Memorial Hospital, and then had “a fusion at L5-S1 performed by Dr. Christopher Bergin at Oak Park Hospital.” She has since moved to Wisconsin.

In court Gray-Moores was “granted leave to seek punitive damages at the time of trial and Mr. Hwang provided pertinent personal financial information for use at trial. Settlement discussions accelerated at that point and Mr. Hwang's $2,000,000 umbrella policy was tendered.”

Are juries ready to get serious with sending a message to distracted driving?

Originally posted at InjuryBoard by Steve Lombardi

I-80 Oxford, Iowa Interstate Crash

Steve Lombardi — Mon, 26 Oct 2009 14:43:00 GMT

I drove to Iowa City this weekend for Parent's Day at the Law School. On the return trip to Des Moines Barbara and I passed through the Oxford work construction zone at the Oxford exit on I-80. The road work zone seems small. I suspect, although I can't say for sure, that it's on the westbound lanes. Here is our original news story.

We don’t have much information this morning, but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa. The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

One of my Hispanic clients is a road crew member injured on I-380 by a lady right up to the orange cones. Since looking at that case and driving through other Interstate road construction on I-35, I-80, I-235 and I-380 it shocks me how distracted drivers are when negotiating through the construction zone. People driving right up to the orange cones, exceeding the speed limit, talking on their cell phones and so many other distractions while driving that I find it difficult to catalogue them all. On the trip home one lady driving a State of Iowa car and the car behind her being driven by a DNR officer were both on cell phones. And I’m not talking about for a few minutes I’m talking about mile after mile after mile. More than 25 miles we drove with her yacking on the phone until I got tired of wondering if she’d put the cell phone down and then I drove off ahead. You’d think safety officers would know better. Apparently they don’t.

Originally posted at InjuryBoard by Steve Lombardi

Taking Charge of Digitally Distracted Drivers

Steve Lombardi — Mon, 26 Oct 2009 10:11:00 GMT

In Washington a government meeting was held September 30, 2009 to discuss the growing issue from this past year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7. In the two day meeting that was called the “distracted driving summit”, Transportation Secretary Ray LaHood was a major expert in the discussions. “LaHood said the administration would “work with Congress” to develop ways of curbing distracted driving. The meeting would solicit ideas to address the problem “similar to what went on with seat belts and (blood-alcohol limits of) 0.08 where you really educate the public, where you tell people that they have to take personal responsibility for these things.””

Here are some key statistics behind the issue:

-Driver distraction connected to almost 6,000 killed and 500,000 injured last year

-Driver distraction was involved in 16 percent of all fatal crashes in 2008

-Age 20 and younger is the largest fraction of distracted drivers

-16% of under-20 drivers involved in fatal crashes were reported to be driving distracted

-Drivers of heavy trucks when texting increase their risk of collision 23 times, according to Virginia Tech Transportation Institute

-Car and Driver magazine reported texting and driving to be more dangerous than drunken driving

-Text messaging has increased per month as seen in a study by CTIA-The Wireless Association (a cellular phone trade group), which reported 10 billion text messages in December 2005 to 110 billion in December 2008

-18 states and the District of Columbia have made texting illegal while driving (from Insurance Institute for Highway Safety)

-7 states and the District of Columbia have made talking on a handheld cell phone illegal while driving as well (from Insurance Institute for Highway Safety).

To see a chart on which states have banned which electronic device usage, follow the link. Iowa has not banded or restricted the use. If you're a younger adult or a teenager look at this chart because it will almost certainly be different when you look at it after next session or the next.

http://www.iihs.org/laws/cellphonelaws.aspx

Another speaker at these meetings was Senator Charles Schumer, Democrat from N.Y., who along with other Democrats at the meeting, “introduced legislation in July that would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding.” It was said that the Obama administration has not indicated their position on this proposal. Common sense went out the window a long time ago and people need someone to tell them what to do behind the wheel. Drive down the street any day at any time and you're sure to see someone driving erratically with cell phone in hand.

These discussions focused on how to go about working with Congress, and set the right motions in place to change the behavior of drivers to eliminate the root of the problem: distraction. LaHood said “We need a combination of strong laws, tough enforcement and ongoing public education to make a difference” and stop this driver distraction which he calls a “menace to society”.

Originally posted at InjuryBoard by Steve Lombardi

How do I know what my case is worth?

Steve Lombardi — Sat, 24 Oct 2009 10:06:00 GMT

To know how much your case is worth you first need to understand the elements of the type of legal case. Let’s say you were in a car accident and wrecked your car. The elements would include car damage to repair to replace the car. If you rented a car you’d get compensated for rental expense. If towed and stored you’d be compensated for that as well. In Iowa if the cost to repair is less than the fair market value just previous to the collision then you get it repaired. If cost to repair exceeds the FMV, then you get the FMV + license and registration fees.

What about bodily injury or personal injury?

You add in up all related medical expenses, prescription costs, physical therapy, chiropractic, surgery, hospitalization, X-Rays, MRI’s and all other medical expenses.

You ask the doctors about future medical expenses and you get that as well.

Did the injury hurt? If it hurt you get compensated for pain and suffering as well.

Will it hurt in the future? If so you get to add an amount for future pain and suffering.

What about wage loss? Well, whatever you lost in wages or whatever your paid time off or vacation pay you use up you get compensated for.

Will the injury force you to miss word days in the future? If the answer is yes, then you’ll get paid reasonable compensation for future earnings reduction.

These are all elements of a personal injury claim and when you add them all up that’s what your case is worth. You prove those losses by documenting everything you can. You get the supervisor at work to sign off on a form showing the days you missed, how much you would have earned on those days and then the total.

The lawyers obtain copies of medical records and bills and then get reports from doctors to prove up future losses and medical care that is needed. This all sounds simple but it’s not. If it were everyone would be doing it and doing it well; but they aren’t and they don’t.

This is a continuation of our series on commonly asked questions that clients ask when involved in a personal injury claim. I’ve asked several of our more prolific writers to blog about it so you can refer to this series to see how six different lawyers answer similar questions. Join Devon Glass, Wayne Parsons, Mike Bryant, Pierce Egerton, Rick Shapiro and myself Steve Lombardi for a continued discussion of these client questions common to most lawsuits. We have about two more topics to cover before we close out this series. I’m not sure where we will go from here. If we don’t hear from you we may take several weeks off; on the other hand if we do hear from you we may answer your questions. The titles so far are:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

Disclaimer: (If needed) These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Steve Lombardi

Stop, look and listen - Good advice even in rural Iowa

Steve Lombardi — Tue, 20 Oct 2009 12:25:00 GMT

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

http://www.youtube.com/watch?v=hc_kvTegTGw

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

Another train-car fatility in Iowa's Crawford County | InjuryBoard ... Another train-car fatility in Iowa's Crawford County. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
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Train crossing collision in St. Louis kills pregnant mother ... Train crossing collision in St. Louis kills pregnant mother. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
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Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
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Van Crashes into Train in Adams County, Iowa | InjuryBoard Des Moines Van Crashes into Train in Adams County, Iowa. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve ...
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Car versus Train; Which will win in a crash? | injuryboard Des Moines Train cases can be very interesting. There are so many issues and some very different ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... InjuryBoard Des Moines - Mass Transit (Airline, Cruise Ship, Train, Bus) ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
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Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
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Originally posted at InjuryBoard by Steve Lombardi

Stop, Look and Listen – Hear that train a coming!

Steve Lombardi — Tue, 20 Oct 2009 07:00:09 GMT

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed. She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop. No more detals were reported.

Distracted driving kills more people than you can imagine.

http://www.youtube.com/watch?v=hc_kvTegTGw

Originally posted at InjuryBoard by Steve Lombardi