Des Moines Personal Injury Lawyer - negligence

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

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

Car Accident Creates More Questions Than Answers

Steve Lombardi — Fri, 16 Oct 2009 10:35:00 GMT

On October 4^th 2009 James Loren Vest III was heading north of Larch Avenue when he lost control of his vehicle and rolled over in the west ditch striking a power pole. Just before he crashed he was being pursued by a Washington County Sheriff’s deputy. Mr. Vest had allegedly crossed the center line and then refused to pull over. The family has many questions and Mr. Vest’s grandmother has said that she can’t wait until the blood work comes back and shows that he had nothing in his system. At this point there seems to be more questions than answer.

Originally posted at InjuryBoard by Steve Lombardi

Are there too many lawyers; or just too many injuries and deaths?

Steve Lombardi — Wed, 14 Oct 2009 10:14:00 GMT

On October 4^th 2009 James Godwin of Jefferson, Iowa failed to stop, running the stop sign and straight into the car driven by Bart Baugh of Churdan. Mr. Godwin was pronounced dead at the scene and all four people in the Baugh car; Bart Baugh, Trevor Baugh, Taryn Baugh, and Torey Baugh, were injured and taken by ambulance to the hospital. This accident occurred in Greene County, Iowa at the intersection of Highway 4 and Highway E26.

There are hundreds of mva's just like this one that occur every week in Iowa. I see no days when there aren't any accidents that cause injuries and deaths. What was the distraction? Why didn’t the car stop and yield the right of way? You can’t complain about the number of lawsuits being filed when distracted drivers cause so many injuries and deaths. And don't blame the lawyers. If you do it’s the same as blaming doctors for cancer. Blaming the legal profession is a foolish and naive point-of-view. And it's one that allows the responsible party to avoid being responsible.

When you drive pay attention to your driving. Put the cell phones away. Stop looking at whatever digital device is the latest craze. Simply put, drive.

Originally posted at InjuryBoard by Steve Lombardi

Under-age driver causes accident on country road

Steve Lombardi — Wed, 07 Oct 2009 10:47:00 GMT

Creston News Advertiser brings forward information from the Iowa State Patrol in the accident which occurred Wednesday morning, September 30^th, involving Allison Powell, Mae Powell and Robin McMullen. From Clearfield, Allison Powell, age 14, was “driving a 1996 Buick north on Highway N64 at mile marker 20” according the Iowa State Patrol. Allison’s sister, Mae Powell, age 8, was also in the car. It was reported that Allison crossed the center line colliding with McMullen in a 1999 Ford Explorer driving south. McMullen, from Gravity, ended up in a ditch and brought to Greater Regional Medical Center in Creston. Mae was also brought to the Greater Regional Medical Center and Allison was transported by air to Iowa Methodist Medical Center in Des Moines.

No further information is known at this time.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Motorcyclists loses control and crashes in Mills County

Steve Lombardi — Tue, 06 Oct 2009 20:13:00 GMT

On September 27^th 2009 Charles Wagner was traveling southbound on 310^th St. in Mills County when he apparently lost control of the motorcycle he was driving and left the road overturning. While its unknown if he was wearing a helmet he was pronounced dead at the scene. Not many details are being given about what led to the loss of control and perhaps we will never know. We wish his family well during this trying time.

Originally posted at InjuryBoard by Steve Lombardi

Motorcyclist loses control and loses life, wear your helmet

Steve Lombardi — Fri, 02 Oct 2009 23:04:00 GMT

Originally posted at InjuryBoard by Steve Lombardi

Another Baby Boomer Motorcyclist Dies in Iowa

Steve Lombardi — Wed, 30 Sep 2009 22:15:00 GMT

Charles Wagner, 57 years old, was driving his Victory motorcycle in Mills County on Sunday afternoon when he lost control, swerved off the road, causing the vehicle to overturn, and killing him shortly after the crash, according to Iowa State Patrol records. Wagner was driving south on 310^th St. SB JSO Paddock Ave around 4:00pm. He was not wearing any protective gear. Receiving serious injuries he was pronounced dead at 4:24pm.

Follow the motorcycle posts by Steve Lombardi on the Injuryboard.

Motorcycle Accidents | InjuryBoard Des Moines A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, ...
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Originally posted at InjuryBoard by Steve Lombardi

Is the driver always liable?

Steve Lombardi — Tue, 22 Sep 2009 13:43:00 GMT

A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, it’s unclear who was driving it, went into a Madison County ditch after losing control. The news report states the bike flipped over. The two riders were 27 year old Joshua Williams and 24-year-old Dezerae Songer. A bike flipping can’t be much fun; everyone is going flying in whatever direction physics takes them.

There is nothing reported that gives any indication whether or not they were wearing helmets or other protective clothing or equipment. Of course we don’t know who the driver was, but many will ask if the driver is always liable for the passenger’s injuries and the answer is no. Liability depends on doing something that isn’t considered reasonable or a violation of the rules-of-the-road. The reasonable man standard can be any number of things including not paying enough attention, fooling around, not watching out ahead, driving recklessly or drinking and driving. Of course all roads have speed limits and lanes to be obeyed. And that’s where the rules-of-the-road comes into play. Not obeying the rules, Iowa‘s driving rules, is a basis for negligence.

With that said it's as important to follow the laws of physics as it is to follow the rules-of-the-road.

Originally posted at InjuryBoard by Steve Lombardi

Single vehicle rollover accidents demonstrates the dangers of OWI

Steve Lombardi — Wed, 26 Aug 2009 11:05:00 GMT

Here is what is reported: On August 23, 2009 a vehicle was traveling at a high rate of speed when he came to the intersection of Wink Ave. and 160^th St. where Wink turns from hard surface to gravel. According to police reports, when making the transition from a hard surface to gravel the car began to fishtail (probably on loose gravel) and lost control entering the East ditch before rolling over several times ejecting both occupants and coming to a rest on its top in a soybean field. The two passengers are Adam Anderson and Thomas Dugan, Mr. Anderson died as a result of the injuries suffered and Mr. Dugan was airlifted by Mercy One helicopter. It is uncertain who was driving and an investigation is ongoing. However investigators are saying that alcohol was probably a factor as the two had been attending a 10 year reunion and alcohol was found at the scene.

It goes without saying that driving and alcohol don’t mix. Being drunk while driving is in itself a distraction. The passenger may be found to have been culpable for what the law calls complicity, meaning he too is at fault.

Originally posted at InjuryBoard by Steve Lombardi