Iowa Edict - Motorcycles, Bicycles & ATV's

Eyes Wide Open - its motorcycle and moped season once again.

Steve Lombardi — Tue, 17 Apr 2012 04:00:46 -0600

This March has been unseasonably warm making conditions perfect for taking out your neighbor’s motorcycle of their kid’s moped. That means the roads will see earlier cycle as well as bicycle activity adding to the already busy roads on Iowa’s streets, highways, avenues and lanes. Which means Iowa’s personal injury lawyers will get busy early and stay busy through the fall. Already we have in the news several accidents and a death.

Join me on the Lombardi Law Firm website where I discuss particular types of accidents and how to be safer with driving.

Eyes Wide Open - its motorcycle, bike and moped season once again

Steve Lombardi — Wed, 04 Apr 2012 04:06:58 -0600

This March has been unseasonably warm making early spring perfect for your neighbor’s to take out their motorcycle or their kid to be using his moped to run errands. That means the roads will see earlier cycle, bicycle traffic adding to the already busy roads on Iowa’s streets, highways, avenues and lanes. Which means Iowa’s personal injury lawyers will get busy early and stay busy through the fall. Already in the news are several accidents and deaths. With cell phones being the distracted driver's first weapon of choice it's going to be a busy season. Far busier than we care to admit.

So as they said in Hill Street Blues, "Let's be careful out there."

]]>In Coralville 28-year-old Johnathan Hintz died after being involved in a crash on Highway 6. (The Daily Iowa, DI Staff article.) Then in Waterloo a 76 year-old, Robert Leatherman died from injuries suffered when his scooter collided with a car when police apparently concluded he ran a red light striking another car in the intersection. He suffered head and chest injuries. (The updated stories can be read at Update: 2 dead in separate Waterloo crashes Sunday, by Jeff Reinitz.)

Remember one thing when riding that bike, motorcycle, moped or scooter, we are not bulletproof. Read ABATE’s comment on Barhopperchallenge.com.

Early warmth brings spate of cycle accidents
Eastern Iowa News Now
Only one of the area's four fatal motorcycle accidents – there have also been two fatal ... Two peopledied in motorcycle accidents in Iowa in March 2011.

Moped driver dies in afternoon accident
Waterloo Cedar Falls Courier
Waterloo police are investigating an accident involving a moped at the intersection of Fletcher and University avenues in Waterloo, Iowa, Sunday, March 25, ...

Coralville man killed in crash
UI The Daily Iowan
BY DI STAFF | MARCH 26, 2012 6:30 AM A 28-year-old Coralville man died on March 23 aftering being involved in a motorcycle crash on Highway 6. Johnathan Hintz, 28, of Coralville was pronounced dead after being transported to the University of Iowa ...

Police: Coralville Man Killed in Fatal Motorcycle Accident
Patch.com
Iowa City Police and Fire, Johnson County Ambulance and University Heights Police all responded to the scene of the accident at the 600 block of Highway 6 ...

Do I have any legal recourse after an auto accident if I was not seriously injured?

Steve Lombardi — Tue, 17 Jan 2012 04:00:53 -0600

Question: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

]]>Answer: Well no. In every personal injury action, which the law calls a "tort" you need four things before you are allowed to sue and to proceed.

1. A duty.

2. A breach of the duty.

3. Damages.

4. Your damages need to be proximately caused by the negligence of the "tortfeasor" the wrongdoer.

In your case you are simply missing 3 and 4. You have no damages and therefore no damages were proximately caused by the wrongdoer. Your personal injury is what the law refers to as de minimis. Lay people would use this definition and lawyers this one. Frankly it was what the McDonald's marketing machine was all about but they were completely wrong and fooled most people into believing the sky was falling.

De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles").[1][2]

In risk assessment it refers to a level of risk that is too small to be concerned with. Some refer to this as a "virtually safe" level.[3]

An abbreviated form of the Latin Maxim de minimis non curat lex, "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters.

In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny. Its application sometimes results in the dismissal of an action, particularly when the only redress sought is for a nominal sum, such as one dollar. Appellate courts also use the de minimis doctrine when appropriate.

But the personal injury aside you did also mention a wage loss being caused by your having a tough time keeping a job. It didn’t take me 30 years of practice to know it’s going to be extremely difficult to prove you’re not being able to find any truck driving job is somehow proximately caused by this one little accident. There must be more than you’re telling me; either that or you aren’t trying hard enough to find work.

Make sense? Now get back to work.

Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Steve Lombardi — Tue, 10 Jan 2012 06:50:23 -0600

Question: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

]]>Answer: Whether or not you have a claim against the manufacturer of the car can't be answered with the amount of information provided. Air bags in older cars that have been involved in accidents may not have been installed properly after an accident. Has your car ever been in an accident? If so your complaint isn't with the manufacturer but with the body shop that reinstalled the bag. Did you know some body shops make a quick grand by not reinstalling the airbags even though the insurance pays them to do so. It's called fraud. Has your car ever been broken into or vandalized? Perhaps the thieves stole the airbag components? Apparently there are valuable components that thieves target. My point is that a claim against the manufacturer for a failure of airbags to deploy isn't as easily proven as it may first appear.

Can an employer be sued if ...

Steve Lombardi — Fri, 23 Dec 2011 04:06:19 -0600

Question: Can an employer be sued if an employee causes an auto accident on the way to or from work? Can an employer be sued if an employee causes an auto accident on the way to or from work? She takes prescriptions that cause drowsiness and her doctors are unwilling to sign that she is okay to drive while taking these medications.

]]>Answer: I would say the employer can be sued and found to be liable under the law if the employee causes an accident and the employee is required or uses their own car for work. There is this "thing" called the going and coming rule that we see in workers' compensation cases and it holds that if the employee needs their car for work then they are covered under wc while traveling to or from work. So flip this on its head and you get your answer. Now I can't say for sure that I would agree this is the outcome but I'd guess its pretty close.

To read more about Iowa’s Going-n-Coming Rule see these posts:

Trailer Comes Loose from Semi and Strike's Vehicle Head-on - Who is to blame?

Steve Lombardi — Sat, 10 Dec 2011 08:30:00 -0600

Hancock County, Iowa - I’ve been reading about these accidents and one guy has a blog dedicated to accidents where trailers become unhitched and crash into other cars, trucks or motorcycles. It’s been awhile since I’ve seen one in Iowa, right up until this week, that is. It happened on December 5, 2011 at around 5:58 a.m. on Highway 18 about 2 miles west of Garner. A 2000 Peterbuilt semitruck pulling a trailer (driver shown on police report as being from Garner, Iowa – 38 years old) was westbound on Highway 18 when as the officer describes it, “VEHICLE 1 (THE SEMI ) WAS WESTBOUND ON HWY 18 WHEN ITS TRAILER BECAME DETACHED FROM THE TRACTOR THE TRAILER THEN SLID ACROSS THE CENTER LINE AND STRUCK THE EASTBOUND VEHICLE 2 HEAD ON.”

The eastbound vehicle is a Ford Explorer being driven by a 56 year old man from Britt, Iowa. From the report it appears as though the opposing driver died in the crash.

So who is responsible? From a legal standpoint the driver of the semi (and the permissive owner of the semi) is legally responsible for securing the load, including the trailer.

Iowa State Patrol Crash Report of Christians – Priebe Personal Injury Accident
KGLO Midday Report on Priebe Fatality Car Accident
KGLA Obituaries - Link
Britt man killed in early morning accident, WCF Courier

]]>See also

Dangerous Trailers.org
Towing and Trailer Safety – an eight part series from The Chronicle of the Horse be several writers.
YouTube Report - Dangerous Trailers.org Presents Loose Trailer Kills US Postal Worker
How To Hook Up A U-Haul Trailer - Braked
Towing, Towing Safety, Types of Trailers, Towbar Wiring, Towing Capacity, Towing Laws in the U.S. on Wikipedia
Tow Hitches
Dangerous Trailers.org Loose U Haul Trailer Causes Loss of Life – Pedestrian Killed by Loose Trailer – U-Haul Trailer breaks free from pickup truck and kills tree worker on side of the road.
Dangerous Trailers.org Presents Virginia Tagged trailer I-95 No Safety Chains
One safety chain dragging on the ground – Improper use of safety chains.
Hitch failure, but driving with only one wheel on the trailer.
Overloading trailers is also dangerous and unacceptable.

15 Ways to Cause a Trailer to Unhitch While Towing

Improper Installation of the Trailer Hitch or the Towing Mechanisms
Using a trailer that is beyond the hitch’s rating
Not using the chains
Using the chains improperly
Using the wrong sized ball and socket
Overloading the trailer
Using a broken hitch
Not latching the ball
Not securing the security pin
Towing a poorly maintained trailer causing excessive pressure on the hitch itself
Improperly inflated tires
Loading the trailer beyond the axles weight rating and breaking the axle
Failing to double check hitch before driving off
Not having brakes on the trailer while pulling a heavy load
Driving while distracted and not keeping an eye on the load you’re towing

If you think these cases are easy to prove it’s because you’ve never tried to prove one in a court of law. And if you think that insurance adjuster who makes it seem like he’s there to pay you and just has a few questions to ask for his file, good luck with that one. Later this week (December 15, 2011) I’ll post an article titled, The Loss Prevention Department Assassin. You may find it of interest. I’ll update the link after it posts.

What are risks today, that will kill workers while on the job tomorrow?

Steve Lombardi — Sat, 10 Dec 2011 04:00:35 -0600

To answer that question let’s look at some of the recent accidental deaths while on the job.

In the first case out of Salt Lake City a worker identified as Kelton Lee (55) a construction worker who was lifting a heavy piece of pipe when his legs gave out and the pipe struck him in the head. Although he regained consciousness he later died of the head injuries. Read more here from the Vernal Express.
Next we go to South Dakota where an article discusses the number of deaths in that state. It’s interesting that all workers killed in South Dakota last year were men; men must be taking more jobs with higher risk of injury. Here is a quote from that article. “All but one of those killed in South Dakota last year were men. The Labor Statistics bureau groups farming with forestry, fishing and hunting, and that sector had the highest number of worker deaths, 14. The construction industry followed with seven.
Every year since 2003, driving associated with work has been as dangerous as or more dangerous than fatal accidents involving equipment or objects and falls. Among fatalities last year, 16 were caused by transportation accidents, including nine highway deaths and seven nonhighway accidents.
Ten deaths occurred in accidents involving objects and equipment and five were caused by falls.
South Dakota closely tracks a national trend regarding transportation fatalities. Nationwide, 21 percent of the 4,547 people killed on the job last year died in highway accidents. The nine highway deaths in South Dakota represents 25 percent of the total work-related deaths.
Nationwide last year, 11 percent of those killed at work were murdered. South Dakota had no such cases.”
You can read that article from the Argus Leader here.

]]>

Heading east to Vermont we pick up an article out of Guilford, Vermont and Reformer Staff Writer, Chris Garofolo. He writes about a man killed when the tractor he was driving overturned, crushing him to death. People describe that accident as a freak accident but that I find hard to believe. First did the tractor have rollover protection? Second did the tractor have a seat belt and was the driver wearing it? Last thing to consider is speed and how unlevel the terrain he was riding on and what he was doing on it. While this is a tragic accident it’s more than likely one that can be prevented. You can read that article here.

Heading to New York we have an article titled “Architects of Brighton Beach condo in deadly collapse had history of flouting regulations.” I’m not sure of the facts so I won’t comment because this accuses people of flaunting safety rules and without knowing the details it’s not for me to comment on. But what we can surmise from what is said is that a building collapsed during construction and some workers were injured and one was killed. You can read the NY Daily News article here.

No country is immune to tragic work related deaths; even Nigeria has a problem. Read here.

Back across the Big Pond we head to the Midwest where Kansas is turning its attention to safety issues for workers who drive and die in car-truck-motorcycle-semi accidents. Read about their efforts here.

Other worker related death accidents include:

West York construction site lift fell on top of the operator. Another link.

In Spring Hill near Tampa, Florida a road construction worker was struck by a motorist driving though a highway construction zone. We’ve represented road crew workers in several injury related accidents.

In a similar type of accident a highway construction worker along I077 in Brecksville, Ohio was struck and killed when a semi-truck slammed into him. The worker, John Costlow of Akron was installing signs off the roadway when a semi went off the road, struck and killed him. Link is here.

Just one more and we are done for today. We go to Queensland and Melbourne, Australia. A worker was trapped under a “heavy load” and it killed him. So moving materials is a huge risk to workers and creates many safety hazards that can kill or injure them. Here is the link.

Many workers, many accidents, all different locations but several things in common to all – risk, not paying enough attention to safety, material handling, moving machinery, trucks-cars all moving with drivers paying little attention to their surroundings and highway construction crews who are sitting ducks with cell phoned drivers paying more attention to the call than the road.

Whose insurance is responsible in a rollover accident?

Steve Lombardi — Tue, 29 Nov 2011 04:00:42 -0600

For today’s article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff’s Office spokesperson described the accident for the WCF Courier as a single vehicle accident where she lost control of her driving on L Avenue north of 110^th Street, then entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She’s just 16 and probably inexperienced so we’ll leave it at that.

A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident.

]]>The third rollover accident takes place in Wyoming; it involves an oil field worker out of Gillette, Wyoming. The man was involved in a rollover accident where he broke his neck, was taken to the hospital complaining of neck pain and the hospital staff failed to discovery he had a broken neck. He suffered permanent nerve damage because of the delay of two days in diagnosing a broken neck. A malpractice case was filed and the jury returned a $9 million verdict. The man is reported to be Louis Prager of Montana.

As you can see each of these rollover case is different; seldom are two the same. In the first you have one young driver who could be considered the at-fault driver and with no passengers she would have the only claim. She would file with her own insurance company under the medical pay section of her policy. Beyond getting paid medical bills there is nothing to be paid for personal injury unless she can show there is something wrong with the road, the car she's driving or there is another vehicle with a bad driver.

In the second accident, the passenger’s estate (he is reported to have died), would file a claim with the driver’s auto insurance company and if he has low limits of coverage he may also file with the passenger underinsured motorist coverage policy. Of course if the driver is uninsured and the passenger had automobile insurance then his estate’s administrator will file under the uninsured motorist coverage.

In the third accident the oil service field worker was in the course of his employment at the time of his rollover accident so he would have several avenues to consider for personal injury coverage. First is the workers’ compensation insurance and that’s an easy one. The second depends on whether he was forced off the road by another car or not. If so then there is a third-party case against the at-fault driver and owner of the at-fault car. The next claim as you can see had to do with his claim of receiving shoddy treatment that fell below the standard of care in Wyoming.

So there you have it three different rollover accidents with three different results and places to file insurance claims. And you wonder why they call this “the practice of law”? Note, the operative word is practice.

Question: How is negligence determined in personal injury cases?

Steve Lombardi — Fri, 25 Nov 2011 05:00:41 -0600

Question: How is negligence determined in personal injury cases?

Does negligence have to be established in order to collect damages in any personal injury case?

]]>Answer: Negligence is a legal concept that establishes whether or not a party can be at fault and thus have to pay for someone else's damages. Yes, you have to prove someone was negligent in order to have any possibility of collecting damages. So what is negligent behavior? Negligent behavior is a breach of a recognized standard created by law, agreement of the parties or recognized behavioral standards.

Statutes and Black Letter Law: The statutory law states that everyone must stop at a stop sign. If you run the stop sign you are negligent.

Common Law: If you behave in such a way as to increase the risk of injury to another knowing injury is likely then you can be found to have been negligent.

Contract: General contractors agree by way of a written agreement (the contract) to supervise the construction site and to make sure every subcontractor is abiding by OSHA's rules and regulations. If the GC knows a sub is not following OSHA rules/regs or fails to monitor whether the subs are adhering to OSHA rules they can be found to be negligent.

Criminal Law: Criminal law says if I walk up and punch you in the nose I'm guilty of assault and battery. If I walk up to one guy but hit another due to my being too drunk to make a straight punch, then I'm probably negligent. That's a standard that can be applied to civil law to find you acted negligently.

Professional Standards: Professionals are held to a standard created and recognized by other professionals and the associations that govern their conduct.

These are not all the ways standards are found in the civil law, but it will give you some idea of how standards are determined to exist and therefore formulate the basis for determining negligent conduct.

The Cow Jumped Over The Moon

Steve Lombardi — Mon, 07 Nov 2011 04:00:05 -0600

My office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa. The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help.

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

]]>Does branding help? Not much. Many cows are identified by ear tags that all farmers use. The numbering system is antiquated, non-descript, confusing, non-sequential and intended to leave room for denying ownership – should that become convenient.

Yet everyone knows how many cows they own, where they are and I'm sure someone took a tax-write-off for a dead cow. Still no one is missing a cow.

What about tax write-offs for death and depreciation schedules? You'd be surprised how many floods rural Iowa has and how many farmers keep their tax returns in locations in the house that flood. File one of these suits and you'll soon see the flooding in Iowa’s farm basements is Biblical. Noah must be living in the basements of Iowa's farms.

Anytime you read of such a case and either know the family involved or the family comes to you for advice DO NOT SIT ON THE CASE. If you don't know what to do get someone involved that does and do it quickly. If you really don't understand the case law or proof problems refer the case and move on with your practice. Like I said the proof problems are extremely difficult and the paper trails are for the most part in the hands of farmers who don't give them up very easily.

I’ll bet if I was rustling cattle everyone would know whose cow it is that I stole. Moooooo...

The local Sheriff, a farmer and their tax preparer. Iowa's best and brightest. Do as I say not as I do.

ATV Accidents, Brain Damage, Broken Legs and Death

Steve Lombardi — Wed, 02 Nov 2011 04:02:30 -0600

We’ve previously covered ATV accidents, ATV accidental death and ATV accidental injuries in Iowa. Follow this link to read articles on the Lombardi Law Firm website. You may also go to our site and do a search in the search box. Just enter the search term ‘ATV’ and it will list the articles.

Parents can do what they want (Like motorcycle riders saying they have a Constitutional right to ride without a helmet.) and allow their children to ride ATV’s without any supervision. As the parent that’s your choice but when your child is seriously injured or killed don’t come back to my office complaining because society isn’t picking up the tab or the ATV manufacture’s should have known and sold a safer adult toy. If you have a legitimate case I'm all ears, but when you're the owner of the ATV and it's your kid who isn't being supervised, I've got issues with your case. These are dangerous vehicles and everyone is on notice of just how dangerous they are in the hands of a kid. Don’t get me wrong, we represent injured kids and their parents when passengers are injured by inexperienced youthful drivers. We do and we do well in that regard, but I have little time for whining when it comes to the owners allowing their children to ride with passengers who are killed or seriously injured from horsing around on an ATV. If your child is riding you should be there watching and supervising. We all know what it’s like to be a child; after all we were all children.

Passenger or guest driver cases are a better case to handle.

]]>For additional articles on ATV safety and personal injury read these articles and visit KCRG, the Des Moines Register, KCCI, Radio Iowa and also our friends in Texas at Perlmutter & Schuelke .

1. ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

2. Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ISP. Hoefs Fatality. Blocking Roadway I-80 · November 28, 2010 Montgomery County Crash - Passing at Hill's Crest · ATV Safety is not a matter of luck ... You've visited this page 6 times. Last visit: 10/24/10

3. We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

4. What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

5. Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

6. Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

7. Which State Parks in Iowa allow ATV's?

www.lombardilaw.com/faqs/which-state-parks-in-iowa-allow-atvs.cfm

If you intend to ride an ATV, dirt bike, or an ORV on public land the ATV must be registered. Nonresidents must display an Iowa nonresident user permit.

8. ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another ATV Related Death in Sioux Center, Iowa ... On the ATV was a five year old passenger. ... Sioux Center boy dies in ATV accident, October 5, 2011. ... You visited this page on 10/6/11.

9. Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

10. ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another ATV Related Death in Sioux Center, Iowa

Steve Lombardi — Sat, 08 Oct 2011 05:50:25 -0600

This time it was a 12 year old boy from Sioux Center. The news report has the youngster losing control and striking a utility pole. On the ATV was a five year old passenger. This story brought to us by Radio-Iowa. Sioux Center boy dies in ATV accident, October 5, 2011.

For additional information about parent supervision, safe riding habits, safety training courses and wearing helmets read these articles.

]]>

Helpful Internet Safety and Personal Injury Resources | Lombardi ...

www.lombardilaw.com/resources.cfm

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

What rules will apply to using an ATV on public lands in Iowa?

www.lombardilaw.com/.../what-rules-will-apply-to-using-an-atv-on-...

For an ATV or motorcycle, the passenger must be seated behind the operator and ... A valid driver's license is required to operate an ATV or motorcycle when ...

Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ...

www.lombardilaw.com/

ATV, Bike & Motorcycle Accidents · Wearing a helmet can save your life and your brain. Motorcycle Crash in Black Hawk County · Motorcycles and Trucks are an ...

ATV SAFETY: PROTECTING THE DRIVER AND PASSENGER

www.lombardilaw.com/.../atv-safety-protecting-the-driver-and-passe...

ATV rollover accidents cause serious personal injury and can kill the driver and passenger. In this article we discuss one Iowa accident that killed the driver and ...

We are thinking of buying an ATV, what Iowa laws must we follow?

www.lombardilaw.com/.../we-are-thinking-of-buying-an-atv-what-io...

No one under 12 can operate an ATV unless on private land. No one under 18 can operate an ATV on public lands unless they possess a safety training ...

Another ATV Accident in Grundy County, Iowa

www.lombardilaw.com/.../another-atv-accident-in-grundy-county-io...

Sep 26, 2011 – Iowa ATV Accident Legal Lawyer Analysis and Commentary contact Steve Lombardi at 515-222-1110 or sdlombardi@aol.com. Lawyer with 30 ...

Some bad ATV crashes | Lombardi Law Firm

www.lombardilaw.com/video/some-bad-atv-crashes.cfm

Mar 22, 2009 – If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us.

ATV, Bike & Motorcycle Accidents Blog

www.lombardilaw.com/blog/atv-bike-motorcycle-accidents/

Another Iowa ATV death from the Cedar Rapids area. Iowa personal injury ... 515-222-1110. Labels: accidents ATV injury iowa lawyer personal. 6/23/2011 ...

ATV Accidents | Lombardi Law Firm

www.lombardilaw.com/video/atv-accidents.cfm

Mar 22, 2009 – There is an ATV Safety (having to do with death and injury from ATV's) page by the government where you can learn about the ATV safety ...

Another Iowa ATV death from the Cedar Rapids area

www.lombardilaw.com/.../another-iowa-atv-death-from-the-cedar-ra...

Jul 4, 2011 – Iowa personal injury accidents call the Lombardi Law Firm. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110. - 515-222-1110 ...

Facebook News Feed and Distracted Driving - Posting from the morgue.

Steve Lombardi — Wed, 21 Sep 2011 08:36:10 -0600

Something is very wrong out there when there are so many wrong-way interstate driving events along with digitally distracted drivers. Is it distracted driving, or drunken drivers, or a combination of the two? I’m writing today because of what one younger client told me this week.

We were discussing texting while driving and I’ve now been informed that texting is dead, finished, gone by the wayside, done, fini, finished, passé’. Yes sir they no longer are texting. Now they Facebook while driving. Using Facebook’s news feed the drivers are looking at pictures, reading text and posting to their FB pages while they attempt to drive.

Texting is so yesterday.

Distracted driving and dumb drivers are a lethal combination. Here are today’s articles on wrong-way drivers.

Please follow these directions to know how to post that you're on the way to the morgue:

http://youtu.be/dES9_n7ou8w

]]>CHP officers use cruiser to corral wrong-way driver in Menlo Park
San Jose Mercury News
By Jason Green California Highway Patrol officers used a squad car to pin a fleeing, wrong-way driver to the Highway 101 median in Menlo Park early Tuesday morning, a spokesman for the agency said. The pursuit began at about 2 am when a CHP unit ...

Wrong-way driver near Bemidji causes numerous crashes
Bemidji Pioneer
The Beltrami County Sheriff's Office received at least 15 911 calls reporting the wrong-way driver about four miles north of Bemidji and then progressing from Highway 89 to US Highway 2, going east in the westbound lanes. The driver ran numerous ...

Wrongway Driver Expected to Be Charged In Crash Injuring Chesterfield Pair
Patch.com
Patch Staff The 53-year-old driver of a Chevy Tahoe was expected to be charged in the Wildhorse Creek Road crash Friday that critically injured Chesterfield residents Janet Esrock, a Whitfield School teacher, and 16-year-old son Jonathan Esrock, ...

Wrong-way driver hits four vehicles; Ada woman critically injured
Crookston Daily Times
By Staff reports A four-vehicle accident involving a Solway man driving the wrong way near Bemidji left an Ada woman in critical condition Wednesday night, according to the Minnesota State Patrol. Andrea Konoske Waagen, 27, and her passenger Delsie E. ...

Wrong way driver charged in fatal Billings crash
KPAX-TV
BILLINGS- A Laurel woman has been charged for driving the wrong way on Interstate-90, causing a collision that killed a Billings man. Kristy Ann Fox, 34, has been charged with two felonies, vehicular homicide while under the influence and criminal ...

Wrong way driver causes crash on I-275 in St. Petersburg
WTSP 10 News
St. Petersburg, Florida - Traffic was backed up along I-275 in south St. Petersburg after a driver drove the wrong way, driving north in the southbound lanes and causing several cars to collide. It happened on the Interstate at 54th Avenue South, ...

Speeding Wrong-Way Driver Crash Sends 4 To Hospital
WTAE Pittsburgh
PENN HILLS, Pa. -- Four people were hurt when two vehicles collided at the intersection of Coal Hollow and Frankstown Roads late Tuesday evening, according to Penn Hills Police. According to police, one vehicle was speeding, as well as driving in the ...

Wrong-way vehicle crash kills Azle woman, 21
Fort Worth Star Telegram
Police have not determined where the pickup driver started going north in the southbound lanes before the crash occurred near the Texas Motor Speedway near Texas 114. "We've determined that Fort Worth police got a call about a wrong-way driver," ...

Driver allegedly involved in drug deal smashes into County Jail
Los Angeles Times
Undercover narcotics officers saw the transaction about 4:30 pm and began following the man, who started to drive the wrong way through downtown, the Los Angeles Police Department said. The officers stopped their pursuit, police said, but the driver ...

Teen convicted in wrong-way crash that killed 2
Richmond Times Dispatch
With a learner's permit but no driver's license, 17-year-old Jose F. Martinez hopped into his father's GMC Yukon after drinking five to seven shots of tequila and took to the road at about 2:30 am to meet his girlfriend. Intoxicated, disoriented and ...

Wrong-Way Driver Causes Serious Accident Near Bemidji « CBS ...
By Alison Lorge
A wrong-way driver caused a crash on Highway 2 that sent several people to the hospital Thursday night.

Wrong-way driver Leonel Hernandez-Ocampo arrested after two ...
A husband and wife killed in a head-on crash Saturday night were on their way home after a day of attending two birthday parties, including that of the man's ...

Wrong way driver charged in fatal I-90 accident | KXLH.com | Helena ...
Kristy Ann Fox of Laurel has been charged for driving the wrong way on Interstate -90, causing a collision that killed a Billings man on August 21st.

Wrong-way Driver Causes Crash West of Bemidji; Ada, MN, Woman ...
NEAR BEMIDJI, MN (WDAZ-TV) - A wrong-way driver caused a crash on Highway 2 near bemidji Wednesday evening, critically injuring an Ada, MN, woman.

CHP officers use cruiser to corral wrong-way driver in Menlo Park ...
California Highway Patrol officers used a squad car to pin a fleeing, wrong-way driver to the Highway 101 median in Menlo Park early Tuesday morning, ...

VIDEO: Two Injured In South Fargo Crash
KFGO
READ MORE About 1300 Crystal workers have been locked-out of their jobs since ... READ MORE Iowa-based "Venuworks" has been associated with the building ...

Helmet Law Protesting Motorcyclist Hits Head, Dies from Head Injury

Steve Lombardi — Tue, 05 Jul 2011 05:02:28 -0600

A motorcyclists in New York was protesting helmet laws by defying the law and not wearing a motorcycle helmet. The rider lost control, hit the brakes, flipped over the handlebars and struck his head on the pavement. He died. Police say had he been wearing a helmet he would have lived. The irony of this situation belies any comment.

Honesty and fairness have nothing to do with insurance defense - HONEST!

Steve Lombardi — Tue, 19 Apr 2011 05:00:36 -0600

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

Updated: This is too funny. I had a link to an insurance company's YouTube ad and they actually took it down so I could not tag them with how deceptive it is. Can you believe it? Yeah that's what they do. They advertise when they need more money, lie to you the premium payer and then when we lawyers point it out they take down what they said to erase the lie. That's reality folks, that's the insurance industry.

]]>For defense lawyers to represent the interests of insurance companies the DL (that's industry jargon for defense lawyer) must take advantage of every mistake you make, to exploit every bit of ignorance you have and to use every misconception you think about this being about fairness.

In other words the defense lawyer's job is to treat you in a way to take advantage of your ignorance of the law as well as your mistakes. Frankly because this isn't about fairness their job is to treat you unfairly. Ethically they can, do and must treat you unfairly as most people think about the idea of fairness.

Fairness dictates honestly and with openness and candor. But ethics require the lawyer to maintain confidences provided by the client. I as your lawyer have to be candid and open with my client and if you're my client I act ethically. But the insurance company's lawyer isn't your lawyer and you the injured person aren't his client. So candor isn't going to be happening between the two of you. That's not the hand of a friend reaching out to shake your hand; the handshake being a sign of friendship, but this one is not one from a friend. Never confuse friendliness with friendship. The two are not one and the same.

The defense attorney or the insurance company representatives are like the slithering snake that delivers the poison being slipped into the wine goblet from which the injured drink. Now you understand the legal concept of "fairness".

Why don't you ride in the back of a pickup truck?

Steve Lombardi — Fri, 14 Jan 2011 06:02:37 -0600

Here is why you don't ride in the back of a pickup truck.

]]>And if you're the driver, it's you that is ultimately responsible under the law.

Car's, cycles and trucks versus Iowa's deer population

Steve Lombardi — Wed, 12 Jan 2011 05:00:56 -0600

In the January 11, 2011 Des Moines Register there’s an article discussing the risk of colliding with deer in Iowa and where we rank in terms of the risk of such a collision in other states. We rank pretty high; 2nd by what’s said in the article. I’ve been reading accident reports now pretty steady for several years, 30 to be exact, and over the past 5 years I’ve noticed a higher percentage of deer-car-truck-motorcycle collisions. The timing of the article is interesting, because just last night I called my wife to the window in our home office where I write this blog to see the herd of deer in our backyard. I like seeing the deer because it’s a signal that we haven’t completely screwed up the environment. Todd Miler, the lawyer I share office space with hit a deer several weeks ago. His Dodge truck first hit the deer and then he ran it over. He described the truck being raised off the ground as if he were going over a large mound of dirt. Because his truck is raised up the collision did little damage to the front.

These are photographs I took on January 10, 2010 showing several of the deer I can see from the window of my home. This herd had 8 to 10 in it; mostly young around 2 to 4 years old. Here in my yard they are a wonder to watch, but out on the highway they are a growing problem.

See Iowa rates second on deer-car colliision risk list, Des Moines Register, January 11, 2011. There are some really nice maps from State Farm Insurance and the Iowa Department of Natural Resources.

]]>

Snowmobile Accidents and Old Man Winter

Steve Lombardi — Wed, 22 Dec 2010 06:00:50 -0600

You can tell its winter in Iowa. The first snow mobile accident has come to my attention. The report has a snowmobiler being airlifted to Mercy Medical Center North Iowa where he’s reported to be in fair condition. The report from the Iowa State Patrol has the guy driving with a group on the median of Highway 218 around Charles City, Iowa. He strikes a culvert, surprise-surprise, goes airborne and crashes. Iowa isn’t a ditch friendly state for snowmobilers. Now in northern Minnesota the local governments created a ditch friendly highway for snowmobilers, but not in Iowa. The ditches are full of concrete culverts. So let’s be careful out there. If you do a Google search for “snowmobile accidents” you’re likely to find news stories concerning snowmobile accidents leading to death or serious personal injury too numerous to mention. Utica, New York must have large snowmobile population because they have plenty of serious accidents. See the article. And of course Michigonians seem to have their fair share of accidents leading to pi or even death. Here is a video from Oakland County about a couple of snowmobilers colliding. The quote I find of interest.

]]>

"It's not the snowmobiles that kill; it's the people driving them," said Cheryl Ziola.

Which brings us back to Old Man Winter being the ‘cause’ of accidents on Iowa’s slippery roads; granted slippery roads are treacherous but it’s the driver 99% of the time that did something wrong. They drive too fast, texting, on the cell phone, just not paying attention or being drunk. Pick your poison and you’ll find a cause. Now back to OMW. If OMW could be a cause of an accident then it would always be a cause when there is a snowmobile accident. But no one in their right mind believes that about snowmobile accidents. Because everyone knows snow is slippery and they go fast. Meaning, the drivers are on notice of the conditions likely to contribute to a loss of control. Well the same applies to cars and trucks and semis. So let’s leave OMW out of the causation discussion and get back to snowmobilers.

“Ziola said she believes anyone who buys a snowmobile should get more safety training.”

The International Snowmobile Manufacturers Association [ISMA] has a worldwide safety campaign. The ISMA created a list of do’s and don’ts. Here is the list. Keep in mind the best piece of advice is to travel with someone else so that when the SHTF you’ve got someone to save you or to call for help.

The most important snowmobile safety practices are:

* Maintain the snowmobile in top condition

* Wear appropriate gear including helmet and face shield or goggles; layers of clothing (water repellent); warm mitts or gloves; warm boots; windproof outer layer;

* Stay in control by knowing and staying within your own abilities and the abilities of the vehicle;

* Plan your route and tell someone else, including estimated time of arrival;

* Travel at a safe speed and be especially cautious at night -Avoid alcohol and drugs before and when driving;

* Ride with someone else do not travel alone;

* Stay alert. Be aware of fatigue caused by the vibration and motion of the snowmobile and the sun and wind, all of which affect reaction time;

* Stay on marked trails;

* Make sure to cross streets and roads carefully, remembering to first stop before continuing at a right angle to the road - also always avoid crossing any bodies of water;

* Carry a safety kit containing a first aid kit, flashlight, matches, tool kit, and compass;

* If traveling in the mountains, be aware of avalanche dangers;

One Hurt in Snowmobile Accident
KIMT
The Iowa State Patrol says 31-year-old Cory Mutch of Charles City, IA was riding in a group of snowmobilers in the median of highway 218. ...
See all stories on this topic »

Systematic Destruction of Evidence

Steve Lombardi — Wed, 24 Nov 2010 07:30:13 -0600

In this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

]]>For lawyers to help hospitals get paid for the ER work they just did, for doctors to get paid for X-rays and consults and for the pharmacy to get paid for drugs dispensed lawyers become a necessary part of the equation. We are for all practical purposes a necessary link in the chain of our national and local economy. Like it or not we are a necessary profession that society can’t avoid. A bad lawyer is a weak link so those of us that have practice for decades become the stronger links in this necessary personal injury chain. Right now we aren't making a lot of money; we make enough to pay the bills, but many of us aren't even doing that.

So how would we approach a case such as this one where the ‘cause’ appears to be a blown tire? Our first thought is to consider whether something was wrong with the car. In this case the tire blew, causing the driver to lose control, leave the paved surface, head into the ditch and roll. Yeah that’s a big ouch for the people in the car. Many times the passengers are catastrophically injured.

The lawyer's job is to first figure out liability, who is at fault. To do this we need that tire. Which many times has now been scrapped; everyone knew the tire blew, but no one saved it.

There may be other causes, like the owner. It could be the owner for failing to provide tires with safe tread or it could be a tire shop, that did some work at the tire shop and either didn’t tighten up the lug nuts or failed to advise the car’s driver and/or owner what they needed to come back in a day or two to have the lugs retightened. So we would focus on the car's owner, any recent maintenance, a lack of maintenance or the driver themselves. But most times they are just out of luck on this one and the case never moves beyond this initial discussion.

What I tell the potential clients is that while the driver may not be at fault for it blowing that day; they are responsible for maintenance of the car. And auto repair shops, tire shops, etc. are responsible for reasonable maintenance practices that protect the car‘s integrity. And that’s where “the rub” comes into play. Without a car and tires there is no case against the tire's manufacturer. And the insurance industry knows that and systematically destroys the evidence that these cases hinge on. No car, no tires equals no case.

What insurance company’s do is to systematically destroy the car and tires. They don’t ask the owner if anyone is considering a claim that may involve the tires or car; no, instead they know most of the time that may lead to a claim against the insured, so they systematically destroy the car and the tires, and the do it as quickly as they can. That allows the insurance company something else to blame, aside from the driver who is their insured.

As a passenger what you need to do is preserve the evidence by hiring an attorney, taking photographs of the tire tread and keeping the tires. If you keep the tires mark with a white chalk on the sides of each tire to show the outside and which wheel the tires come off of. There is nothing more exasperating than to have clients call and no one has preserved the evidence.

The insurance industry has been very clever about making people concerned about quickly hiring an attorney. So while you hesitate they are out systematically destroying the evidence. So do yourself a favor and hire an attorney early on; or at least have a sit-down with a lawyer to find out your options.

DAMED IF YOU DO AND DAMED IF YOU DON’T

Now some may think, oh why would you sue the driver, but in this insurance driven world money doesn’t grow on trees because we are all spending far too much on insurance. Let’s not forget our friends at hospital administration with their nice blue suits who need money to run those smaller community hospitals. Yes, they too write to us and send dunning letters to the patients that can’t afford to pay or have too little insurance to pay the huge hospital bill. And then there's Medicare and Medicaid with their subrogation arms also sending dunning letters.

So don’t blame me or ask for an apology for my being a personal injury trial lawyer. You’ll get no apology from me. Follow the link to read the police report on this one and have a good day.

A crash occurred in Johnson County on November 9, 2010

VEH 1 N BND ON 380 LEFT REAR TIRE BLEW OUT DRIVER LOST CONTROL AND ENTERED EAST DITCH AND CAME TO REST AFTER STRIKING A TREE.

Iowa personal injury from around the State of Iowa

Steve Lombardi — Fri, 03 Sep 2010 06:25:45 -0600

Today is one of those very busy days in the practice of law and nothing is really catching my attention to write about. It looks like a good day for a compilation of personal injury news. Let us see the various ways people are becoming injured or killed from accidents and other mishaps around the State of Iowa. Every so often on The Iowa Edict we will provide a mini compendium of current Iowa personal injury and property damage news of recent events. The idea is to provide a shorter version of available stories to personal injury lawyers, adjusters, those engaged in a law suit involving personal injury or workers’ compensation or those folks just plain interested in PI News. Or in some instances stuff we find curiously interesting. This is one of those days.

A two-car collision in Iowa City at the corner of Melrose Avenue and Mormon Trek Boulevard caused one of the vehicles to strike a pedestrian Iowa City flag worker doing maintenance work. This is one of those examples of a work related accident also creating a third-party lawsuit which the workers’ compensation carrier will encourage. Under Iowa law the work comp carrier seeks to recover what it pays in workers’ compensation benefits from the driver’s insurance company that ran the red light. This case could be categorized as a workers’ compensation case, a car accident or a pedestrian case.

]]>Police in Webster City shot a man after he exited his car allegedly with a gun. The stop was a simple traffic stop for suspicion of an OWI driver, which from the report it’s not a conclusion this driver was the right person. Officer according to standard operating procedures is on paid leave of absence. Is that sort of like a paid holiday? Why isn’t he in the office working? Update: Officer involved in Webster City shooting is identified, Des Moines Register

Salmonella remains a front-page story here in Iowa. Two Iowa farms are being linked to it by tests conducted by the FDA. Salmonella was found in chicken feed. The allegation is that the feed found at Wright County Egg contained an ingredient from Central Bi-Products. Center for Disease Control and Prevention believes there have been 1,470 illnesses.

The Des Moines Diocese alleges that more than $600,000 was stolen electronically from its Bankers Trust account. This is something that requires some attention. Here is a quote from the Des Moines Register story:

“The thieves are believed to be "a highly sophisticated operation most likely based overseas" who transferred the money "to numerous recipients across the United States on Aug. 13 and 16," the diocese said in a statement announcing the theft.

Bankers Trust alerted the diocese to the fraud on Aug. 17. The bank immediately shut down relevant bank accounts and began a process to recover the funds. "To date, approximately $180,000 has been recovered," the diocese said.”

Flood damage in Iowa is expected to reach $150,000,000. That includes roads, bridges and other public facilities. The federal government didn't just turn down Lake Dehlhi for federal relief to assist with the broken dam; they told the State of Iowa it had to repay other monies paid. The pain just seems to get worse.

A woman from Clear Lake, Iowa probably had a good thought; thinking it wouldn’t be good to drive after drinking is allegedly now in trouble for having her 11-year-old daughter drive the car. Reportedly the driver was sitting on 3 phone books, had no seat belt on and her feet barely touched the pedals. The mother was put on probation for a year. I have to give the woman credit for not driving; she did avoid the OWI charge. KCCI has its own report. Follow the link. The story is kind of interesting and also kind of sad too.

Five female workers filed suit against Manley Toy Direct claiming sexual harassment or a work environment that allowed such behavior to exist. See also the KCCI report titled, 5 Women Claim Sex Harassment At Toy Company

In Iowa we can feel the fall coming quickly. Last night was cool and leaves were starting to get blown around. I saw Canadian geese flying overhead as they practiced for the long flight south. This morning on the way to the mailbox to get the newspaper it was still cold and blustery. The neighborhood is taking on the look and feel of fall. Fall is coming fast. That means the garage needs to be cleaned and organized, the plow equipment readied for snow removal, the lawn equipment winterized and put away, salt buckets filled and shovels readied. Being prepared for an Iowa winter is a necessity. That's enough for today. I've got work to do!We'll see you on Monday.