Des Moines Personal Injury Lawyer - collision

Coal Train Coming, 19-year-old driver sits on tracks

Steve Lombardi — Sat, 28 Nov 2009 12:01:00 GMT

Was the death of Brianna Culp, the 19 year old who was hit by a coal train, a suicide? That is the question police are asking as they look into the accident that happened Sunday, October 11^th 2009. Miss Culp was a sophomore at Wesleyan College in Mount Pleasant and the BNSF spokesman Steve Forsberg said that they crew on the 135-car train reported the woman was sitting on the tracks and didn’t try to get out of the way. Police are waiting on autopsy results to help determine what caused the tragic death of this young lady.

What's missing in America? What's robbing the soul of our youth? Why the feelings of emptiness and lack of purpose? Where have these lost souls wandered off too?

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

Tennessee Ernie Ford

Join me this afternoon for this painful case involving suicide by rail train. It will be an afternoon with James Joyce.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

Negligence, failing to yield, other driver and passenger deaths. Who's at fault?

Steve Lombardi — Fri, 27 Nov 2009 12:01:00 GMT

On October 8^th 2009 a Ford Tempo was heading westbound on 63^rd St. when the driver failed to yield at the stop sign at the intersection of 19^th Avenue and collided with a Chevrolet Suburban driven by Jennifer Engler. The name of the driver of the Ford Tempo is not being released at this time however the two passengers in the vehicle, Paul Steven Lauritson and Stephanie Ann Dripps, died as a result of injuries suffered in the crash. Jennifer Engler and two other unnamed passengers in the Suburban were injured and taken to area hospitals no other information is available at this time.

Answering “why?” most always goes back to speed, control, paying attention and distractions along with the number one cause OWI. We don’t have a lot of details about this crash/wreck but chances are it will fall under one of these causes. The driver of the Chevrolet Suburban and all the passengers will have a cause of action against the driver. The main question being was he “negligent”, or in Iowa we now say “at fault”, which is simply a lay person’s way of saying negligence. The Uniform Jury Instructions in Iowa have gotten very user friendly. To make people friendlier to it, the courts have tried to demystify the language it uses when coming into contact with the public. Is it working? Hardly, it’s adding another layer of confusion to what we lawyers have to do in this still noble profession. I for one am tired of trying to do what McDonald’s did for the fast food industry. Dumbing down the court system for a generation who grew up on participation trophies is not my idea of streamlining the legal system.

And for the driver of the Suburban and its passenger, call us if we can help you.

Steve Lombardi

515-222-1110

sdlombardi@aol.com

Lombardi Law Firm

Originally posted at InjuryBoard by Steve Lombardi

Police Chase on I-35 in Iowa

Steve Lombardi — Thu, 26 Nov 2009 12:01:00 GMT

This accidental death raises the question, are high speed chases really necessary?

On Wednesday October 14^th 2009 at about 2:30 in the morning an officer noticed a car driving erratically; when the officer attempted to pull the vehicle over the driver refused and a chase ensued. Troopers are reporting that the driver tried to elude officers and that the chase hit speeds of 100 miles per hour. When the driver was near Ames he cut across the median and went head-on into oncoming traffic. Shortly thereafter the suspect hit a semi head-on and was killed as a result of the injuries sustained in the crash. The trucker only suffered minor injuries and refused medical attention.

Could this death have been avoided? Should law abiding citizens be put at risk from high-speed police chases? Remember I'm not talking about the runner here; I'm talking about the soccer vans and sedans with no dog in this fight who unsuspectingly get pulled into the fray when the idiot comes across the median and starts traveling against the traffic. Those are the innocent people. The driver would have no reason to driver the wrong way on an Interstate if law enforcement weren't chasing him. Why not just follow him quietly, call ahead and set up a road block or put down nail strips?

Is this about law enforcement or law enforcement ego? What if the vehicle the suspect had hit was one carrying a mother and child and the accident caused their death; would we all be congratulating the officer or outraged about the senseless deaths? At what point do we draw the line and say that the danger caused by a high speed chase outweighs the benefit gained from catching them immediately? One of the reasons that we have license plates is so that our cars can be identified in cases like these. Why not just follow until he runs out of gas? Is an interstate highway high-speed chase an unacceptable level of risk to other citizens?

The debate goes on.

Originally posted at InjuryBoard by Steve Lombardi

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

Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.

Steve Lombardi — Wed, 11 Nov 2009 10:48:00 GMT

Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Benton County, Iowa - KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

Jefferson County, Iowa - In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street

occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

If we are in a recession I'm not seeing it. If you need help or have questions with your insurance claim call us at the Lombardi Law Firm, we've done this for 30 years.

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

Crashing Into A Sheriff Deputy is a Bad Night

Steve Lombardi — Tue, 03 Nov 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation.

This is one of those types of crashes we are seeing more and more of on the Interstate highways: I-80, I35, I235, I380 and all the other parts of Iowa's interstate highway system. As the accident causes accumulate distracted driving is the number one, two or three cause. It's got to be right behind drunken driving or speeding. Many that we see are by drivers distracted with cell phones, either because of talking or tweeting or texting. I wonder what this one was about. What was the distraction that caused this young man to run right into a police car?

Yesterday as I was driving by an elementary school where parents must have been attending a school activity the function ended and we all drove off together in a line. As we turned onto the main drag, University Avenue, I got in the left lane to pass them. I passed six cars in a row and every one of the drivers was a parent with a cell phone glued to their ear. With the cell phone being held to your left ear the driver's hand creates an added blind spot by the hand and arm. You can see how the driver is required to turn their entire body to see the left side if they want to see what's coming to the left. These are all distracted drivers who can cause an accident, and injure others or kill pedestrians.

And that's why personal injury lawyers aren't going anywhere. This is why people will continue to need more personal injury lawyers who care about their clients and understand the business of personal injury legal work. There will always be those who want us gone or who work through large advertising campaigns to convince people the problems are all the lawyers' fault. And people can choose to believe that, at least until it's them that are struck by a distracted or drunk driver. And then they need Lombardi Law Firm and alll the other law firms that make up the InjuryBoard, because when you come right down to it, we aren't the problem we are a part of the solution. When you're in an accident, call us at the Lombardi Law Firm and we'll use our 30 plus years of experienced trial work to assist you with your fight against distracted drivers. For more information about the types of distracted drivers read the other blogs at the Des Moines InjuryBoard site.

Welcome Mr. Scott you're now a member of the distracted drivers' club.

Originally posted at InjuryBoard by Steve Lombardi

10 Reasons Why People Get Injured on I-35 in Iowa

Steve Lombardi — Sat, 31 Oct 2009 08:05:00 GMT

I’m going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I’ll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better. Iowa’s intestate is mostly flat, but some rolling hills. From the north to the south I-35 is pretty straight and all four lanes. In central Iowa it jogs around Des Moines and becomes a part of I-80. Once you get to the south end of that loop you’re almost out of West Des Moines and I-80 separates off and heads west to Omaha, Nebraska. From there it’s a straight shot through to Missouri.

I’ve been studying the cause of accidents along I-35 for the better part of thirty years and although I’m not capable of naming all the reasons there are several that stick with me as a personal injury lawyer.

1. Alcohol related – driving while under the influence of alcohol or drugs.

2. Speed – driving too fast for the conditions, those conditions include weather and construction zones.

3. Distracted driving – driving while using a cell phone, an iPod, controlling the kids, eating, pets, arguing or any of the myriad of distractions that form a part of the epidemic of driver distractions.

4. Look out – driving without looking where you’re going and I mean paying close enough attention and focusing your attention to changing conditions.

5. Anger management issues – this one I’ve seen more and more of on the Interstate 35 and 80. Road rage is a popular term that doesn’t quite describe what this one is about. I say that because it makes pissed off drivers sound like they have an uncontrollable disease; when in fact it’s all controllable. Even women suffer from it although I suspect men allow anger management issues to creep into the driver’s seat more often.

6. Deer – OMG! It’s a deer. Yup this is Iowa and when the crop starts coming out of the field so goes their habitat and they must keep moving. Deer are more active at dawn and dusk so watch closer during those times. Especially you who are on motorcycles.

7. Being in a hurry – especially around the cities of Des Moines, West Des Moines, Urbandale, Clive, Waukee, Ankeny, Cedar Rapids, Iowa City, Davenport, Council Bluffs, Waterloo and Cedar Falls we have people using the interstate system for inner city travel. There’s nothing wrong with it but it does add cars, trucks, motorcycles, delivery vehicles, lawn car trucks and all those other errand types of traffic that seem to add clutter with people in a hurry. Being in a hurry is no excuse for not being courteous, thoughtful, mindful and realizing that you’re now on the Interstate highway system. So slow down and use other roads if you can.

8. Inexperienced or youthful drivers – You know everyone sees these kids and younger adults driving. We rent parking spaces to high school students and their cars are always so easily spotted. There are a million dangly things hooked onto the rear view mirror, that block the view out the windshield. The driver’s head is down many times because they are texting. Many times there are a bunch of them in the car and that youthful exuberance seems to get everyone talking at once and heads bobbing to the conversation. Since many know they aren’t following their parent’s rules they are always looking around furtively hoping you’re not their PARENT! Anyway you know it’s true and you’ve seen them violating most of these rules of the road.

9. Not thinking – drivers forget when they get to a construction zone that they need to adjust their attitudes for the changing conditions. The drop in speed limit isn’t just a suggestion. Those road crew workers aren’t crash test dummies; they are real people that actually die if you strike them. Road workers can’t always be watching you so get as far over and away from their area as you can. When you see a road crew, the sign should give that away, adjust your attitude to slow down, pay more attention, look for the crew members and get out of the hurry-up mode.

10. Fatigued semi-truck drivers – truck drivers are being used by transport companies to fill-out phony logs and we all know it. They will deny it and say I don’t know what I’m talking about. When the truckers are in an accident, and this doesn’t apply to them all, many have phony log books that cover for the company they work for. If you want to keep your job as a truck driver you have to make the delivery on time or else it’s see-ya-time.

Here in Iowa we don’t have a tourism industry like they do in Florida but people still travel through Iowa on I-35 to visit Prairie Meadows to gamble, the Iowa Barnstormers, and the Iowa Cubs, on their way to Ames to see ISU play or on their way to Iowa City to see the Hawkeye football teams. They travel to attend schools at the major colleges like the University of Iowa, Iowa State University, Northern Iowa, Drake University, Des Moines University Medical School, Palmer College of Chiropractic in Davenport or Kirkwood in Cedar Rapids. People travel to all the major hospital systems like Iowa Health, Mercy Medical Center, McFarland Clinic or the University Hospitals and Clinics. And of course 1 million people travel into central Iowa every year to visit the Iowa State Fair. To visit family, friends or to just attend the Des Moines Metro Opera there are as many reasons to travel as there are people.

Be careful when you travel and pay attention. The life you save may be your own. And if you’re in an accident while in Iowa, even if you’ve traveled from one of our sister states call the Lombardi Law Firm for assistance. We are happy to work with your attorney from your home state.

And for fun today, here’s the Husband Calling Contest, which I’ve never seen or heard!

http://www.youtube.com/watch?v=VOV7R_PT1Wg

Series on I-35 (I-80) Travel from Texas to Minnesota

Steve Lombardi, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266

Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Noble McIntyre, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Jeremy Thurman, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Schuelke, C Brooks, 1717 W 6th St # 375, Austin, TX (512) 476-4944

Mike Bryant, 1505 Division Street | Waite Park, Minnesota 56387 | T: 320.259.5414 | F: 320.259.5438

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