Iowa Edict - OWI & Highway Safety

Son as a "non permissive" driver may be heading to criminal court

Steve Lombardi — Thu, 03 May 2012 04:00:51 -0600

I get a lot of questions and this week was no exception. Here a mother wrote to me because her son was involved in an intersection collision with another high schooler. The other kid ran a stop sign and t-boned her car. Progressive insured the other driver and apparently is claiming the son was a non permmissive driver and they will not provide insurance coverage. Really? You know where Progessive likely heard that story from.

If that young driver's parents are claiming he didn't have permission to drive, they are likely saying this to avoid paying, thinking this will do an end run on the insurance claim. Well, they are likely making a big mistake. Here's why.

If he was driving without permission then didn't he steal the car? As a lawyer my first question will be whether they turned junior in to the police as the driver of a stolen vehicle. If he didn't have permission to be driving then he stole the vehicle and should be charged criminally.

So as a coddling and entitlement mentality parent consider the consequences before doing the wrong thing. The next time a parent wants to teach a kid how to avoid responsibility think it through and exactly what you're teaching your son.

You can't have it both ways, you can't avoid financial responsibility for negligence by claiming the driver wasn't given permission to use the car and avoid criminal sanctions for theft. That Participation Trophy won't be handed out in real life; only on the soccer field.

So you say "Check." and I say, "Check-Mate!"

What you don't know about SUV's can kill you.

Steve Lombardi — Fri, 06 Apr 2012 04:20:47 -0600

Do you ever wonder why SUV’s have rollover accidents more often than sedans do? Or how about high profile pickup trucks? You should know why this is and it’s never too late to learn about the why's. Even after you own a high profile SUV understanding a single concept about the center of gravity (CG) can make you a safer driver. SUV’s can be dangerous if the driver doesn’t understand why having a high center of gravity can make them roll over and over after spinning out of control at higher rates of speed. Don’t wait until your family is devastated like this first one to understand the mechanics of a rollover, the types of cars (SUV’s) that are likely to tip and how not to fall into the blissful state of ignorance that can kill you are important for you and yours.

Let’s first take a look at several recent accidents so you know what it is I’m talking about. Then we’ll discuss the why and finally there will be a young man demonstrating with a simple experiment the CG. (Rodrigo Garcia-Salas - Nice job of explaining Rod! Dude you should be in law school!)

Before buying a car know what CG is all about. Don't just live on a prayer.

]]>Okay, the fact you're still here means you're half way there and tired of living on a prayer.

The first rollover accident involves a family from Tennessee driving through Iowa on I-29. Their SUV rolled over at least three times. Two members of this family died and five others were hurt. The SUV is a Chevrolet Suburban, a large, heavy, high-profile SUV that hit higher speeds with a full load of passengers. I’ve covered this story previously. The family is the Ledezma family. Here is a quote from the KETV-Omaha article.

According to the Iowa State Patrol, Maria Ledezma, 24, and Alex Ledezma, 15, died at the scene of the crash. Sidney paramedics drove Carlos Ledezma, 10, to the Nebraska Medical Center. Rescuers used medical helicopters to take Victor Ledezma, 14, Jacklyn Ledezma, 8, Ricardo Osorio-Torres, 26, and Nancy Osorio-Torres, 7 months, to the Nebraska Medical Center. All of the victims are from Smyrna, Tennesee.

Investigators said Osaro-Torres was driving the Suburban and that he was wearing his seat belt. They also said the baby was properly restrained in a car seat.

Read more: http://www.ketv.com/news/30704954/detail.html#ixzz1qgisSRny

Let's look at a second accident. This next rollover accident was on I-35 near Manly, Iowa in Worth County. (Exit 203) This one involved Rose Marie Pederson-Moore. From the article it appears Rose tried to change lanes, then noticed the lane was not clear, she panicked, overcorrected, lost control and rolled several times. I’m not sure what type of car because that isn’t mentioned in the WCRCourier article. Rollover accident ties up traffic on I-35, by Reporter Laura Bird. I’m not being critical of this reporter, except the type of vehicle that rolls over along with the sequence pre-rollover is very important to the public when making a decision about what to buy when shopping for a new SUV. That’s because the height of the car off the ground raises the center of gravity, the CG, and that’s what increases the likelihood a vehicle will roll when traveling sideways at highway speeds or even less. Here take a look at this Ferrari 458 Italia Akaprovic.

Or how about this Black Maserati MC12? Notice the low CG, the low profile.

So now you understand low profile cars. Now think about a Ford Explorer and how much light you can see under the car. The one you have to practically crawl under with your back on the ground, the other you can scoot under pretty easily. That center of gravity is the tipping point. To understand a tipping point think of a coffee mug being short and stocky versus one that is tall and thin. The tall-thin one can more easily be knocked over. With cars and trucks the taller and higher off the ground the more easily it tips or in this instance rolls over. Keep that in mind when buying a family car you intend to travel in. Aside from seatbelts that could be the most important part of your car buying decisions. We hope Rose is doing well. See Rollover accident ties up traffic on I-35, Laura Bird.

Let's get back to real accidents because it's where the rubber meets the road or in this case doesn't. The next rollover accident is out of Sac City, Iowa on Sac County road M-54. The car is a Chevy EQX and the driver turned to check on her 6-year-old granddaughter, then lost control and rolled several times after going into the ditch. They were both wearing seatbelts and apparently were uninjured. A slight miracle to say the least. Contact Sheriff Ken McClure in Sac County for further information.

Next we head over to Robins, Iowa (Never heard of it.) and a female driver on C. Avenue Extension north of County Home Road, east of the town of Robins rolled several times. Not much information reported here; which makes it impossible to draw any conclusions. See passenger killed in Linn County rollover accident, Des Moines Register.

The next story shows why seatbelts and SUV’s go hand in hand. The family was driving an unidentified SUV, lost control and rolled it several times while on what appears to be I-29 near the Riverside Boulevard off-ramp in Sioux City. The driver reached down to pick something up, the wheel dropped off the hard surface into the shoulder, causing the vehicle to go into the ditch and roll. They were returning from vacation. Here is a quote from the reporter, Molly Montang’s story:

Aaron Hopson and three family members were thrown from the vehicle when it crashed about 1:45 p.m. near the Interstate 29 Riverside Boulevard off-ramp in Sioux City. His mother, Katherine Hopson, and brothers, Michael, 12, and Lucas, 5, were injured.

Sioux City Police Officer Jeremy McClure said 2-year-old Logan Hopson was the lone passenger of the vehicle who was properly restrained. The child, who was strapped into a car seat, and Chad Hopson, the children's father and the driver of the SUV, were not thrown from the vehicle.

McClure said the crash highlights the importance of using seat belts.

"Even in the back seat, it's still important to buckle up," he said.

Molly do us a favor next time and tell us the make, model and age of the car. Thanks for the story. Now watch this young lad demonstrate what lowering the Center of Gravity does to stabilize an object, like an SUV. He is Rodrigo Garcia-Salas. Well done Rodrigo.

http://www.youtube.com/watch?v=fmInFpzVN7c

*Today’s music is by Bon Jovi, Livin' On A Prayer

TODAY’S NEWS STORIES – PERSONAL INJURY LAW WITH LAWYER’S COMMENTARY

2 killed, 5 hurt in I-29 rollover accident in Iowa
KWQC 6
Entertainment News from AP PERCIVAL, Iowa (AP) - Two members of a Tennessee family are dead and five others are hurt after their SUV rolled on Interstate 29 in western Iowa and a semi drove through the crash scene. The Iowa State Patrol said ...

UPDATE WITH NAMES: 1 dead, 5 hurt in rollover accident in Sioux City
Waterloo Cedar Falls Courier
One person died in a rollover accident on an off-ramp of Interstate 29 in Sioux City Friday, March 16, 2012. (Sioux City Journal photo by Molly Montag) SIOUX CITY, Iowa -- A 14-year-old boy was killed and five of his family members injured in a one-car ...

Rollover accident ties up traffic on I-35
Waterloo Cedar Falls Courier
The aftermath of Friday afternoon's crash on Interstate 35 near the Forest City exit, March 16, 2012. (Jake Rajewsky / The Globe Gazette) MANLY,Iowa --- A rollover accident on Interstate 35 in Worth County tied up traffic around 2:15 pm Friday.

Sac County rollover accident
1380 KCIM
Sac City, Iowa -- Two people escaped injury following a rollover accident Saturday morning about 2 ¼ miles north of Sac City. The incident involved one vehicle and occurred on county highway M-54. 64-year-old Nola Jean Harper of Des Moines was heading ...

Passenger killed in Linn County rollover accident
DesMoinesRegister.com
ROBINS, Ia. -- A female died when the vehicle she was riding in went out of control near Robins early Sunday and rolled several times. The victim's identity wasn't released by the Linn County Sheriff's Office. A news release said the accident, ...

Airman's son dies in Iowa crash
Rapid City Journal
SIOUX CITY, Iowa -- The 14-year-old son of an Ellsworth Air Force Base airman who died Friday when his family's sport utility vehicle rolled was not wearing a seat belt when the accident happened, police said Tuesday. Aaron Hopson and three family ...

Q&A: What can I do if I am caught driving without a license again?

Steve Lombardi — Wed, 01 Feb 2012 04:00:52 -0600

Question: What can I do if I am caught driving without a license again? I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Answer: Okay hotshot let’s get real here. What you say doesn't make sense: there is no charge of felony driving while suspended, so I'm guessing there is more going on than you've alluded to. Otherwise, the answer to your question will depend upon the reason you don't have a license in the first place. Are you suspended or barred? Why are you suspended or barred? What happened the prior times you were arrested? What else is in your criminal history? Are you on probation or parole? Depending upon the answers to those questions you could be looking at a very minimal fine or as much as prison, and additional license suspensions.

And one more thing, stop making excuses for criminal behavior. You said, "Took a chance to get back and work." What does that mean? I suspect the devil is in the details behind that statement. Where were you driving to? Huh? Cat got your tongue? The judges aren't stupid, you think the prosecutor is going to be played that easily? You didn't say you were heading to work so throwing that tidbit in won't get you to first base.

The fact is you just struck out.

Wrong-way Interstate Accident Reports to December 20, 2011

Steve Lombardi — Wed, 11 Jan 2012 04:00:13 -0600

Here are another 12 wrong-way interstate highway driver accidents in the news. This group includes wrong-way driving events from the following states: Connecticut (intoxicated driver); Alabama (driver being sought); Texas (intoxication manslaughter); Montana (driver reportedly charged with six misdemeanors including driving under the influence and drug possession.); another Montana wrong-way on I-90 (appears to be a mental health issue); Wisconsin (erratic driving with cause unknown driver died), South Carolina (I-26, DUI arrest); Texas (Sam Houston Parkway, driver died, cause not stated); Montana on Highway 40 (driver died cause unknown); Forth Worth, Texas on I-35 and arrested for suspicion of intoxication manslaughter and endangerment of a child; Lake Mills, Wisconsin on I-94; Houston, Texas on Highway 290, raw video still working; and Montville, Connecticut (charges related to drunken driving).

"Let's take away their right to buy booze. Taking away the driver's license isn't enough."

Wrong-way driver charged with DUI
Norwich Bulletin
4, 2010, Ellen H. Noordzy, 22, was reportedly driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound car head-on. The two occupants of the car Noordzy hit, Bruce A. Wall, 22, ...

]]>Wrong-way driver sought after wreck sends 3 to hospital
Sand Mountain Reporter
A wrong-way driver caused a two-vehicle wreck Thursday night that sent three people to the hospital and has spurred a search for one of the drivers involved. According to Albertville Assistant Police Chief Maj. Jamie Smith, a 2002 Toyota Camry driven ...

Charges Upgraded against Wrong-Way Driver
MyFox Dallas
FORT WORTH, Texas - Tarrant County prosecutors have raised the charges on a wrong-way driver from intoxication manslaughter to murder. The district attorney's office said it felt as thought the case against 25-year-old Brittany Burton had special ...

Car driving wrong way hits patrol car on Interstate 90
Helena Independent Record
She was driving her 1995 Chevrolet Corsica eastbound in the westbound lane near the Pipestone exit, west of Whitehall, just after 7 pm, authorities said. After receiving several 911 calls from motorists about a wrong-way driver, a Jefferson County ...

Montana Minute: wrong-way driver; suspect caught; MHP ceremony
KRTV Great Falls News
Darrell Shepherd, a semi truck driver who claims someone was chasing him the wrong way down the interstate, pleaded not guilty in Missoula. Shepherd faces three counts of felony criminal endangerment. Several drivers had to swerve out of his way to ...

Wrong-way Driver Killed on Highway 15
WBAY
Authorities at the scene of a fatal crash in Outagamie County say the driver who died was going the wrong way on Highway 15. The crash happened at 12:30 Tuesday afternoon just west of the intersection of Highway 76. The sheriff's department says a ...

Patrol: Wrong-way driver forced off I-26, arrested
The State
Since 2010, two people have died in similar wrong-way incidents on the same stretch of Interstate 26, the patrol said. “It is not uncommon for troopers to get reports of wrong-way drivers on interstates. These situations typically end in a serious ...

Wrong-way driver wrecks, closing Beltway 8
Houston Chronicle
A wrong-way driver slammed into another vehicle in a traffic wreck on the west Sam Houston Parkway in southwest Houston early Tuesday morning. The two-vehicle crash occurred on the northbound lanes of Beltway 8 near Bissonnet about 4 am, according to ...

Wrong Way Driver Dies In Head-On Crash
FOX2now.com
A man is dead after authorities say he drove the wrong direction on Highway 40 and crashed into another vehicle. The accident happened around 9:45 pm Thursday near Boone's Crossings in Chesterfield. Police say James Gobble, 35, of Chesterfield was ...

Relatives of man killed in wrong-way driving case in Fort Worth sought
Fort Worth Star Telegram
By Domingo Ramirez Jr. and Alex Branch FORT WORTH - Authorities were searching Sunday for relatives of a man who was killed late Saturday in a traffic accident on the South Freeway caused by a wrong-way driver. The 47-year-old victim who died at the ...

Father grieves for daughter killed in wrong-way driving crash ...
Nicole, a recent graduate at UW-Whitewater, was on her way home from work early one morning in January 2007. She was on I-94 near Cottage Grove when the unthinkable happened.

Raw: Wrong-way driver hits minivan, pickup on 290 | khou.com ...
Three vehicles were involved in a crash caused by a wrong-way driver on Highway 290 Tuesday morning.

Patrol: Wrong-way driver forced off I-26, arrested - Crime & Courts ...
A highway patrolman forced a driver who was travelling the wrong way on Interstate-26 off the road early Wednesday morning, the South Carolina Highway ...

Police arrest wrong-way driver on West Side|WOAI: San Antonio News
San Antonio police said a wrong-way driver was arrested after leading officers on a short chase on the West Side Wednesday night.

Woman charged with assault, drunken driving in 2010 crash on I-95 ...
4, 2010, Ellen H. Noordzy, 22, was driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound ...

Wrong way driver causes crash on Bypass 20 - wsbtradio.com
ST JOSEPH COUNTY – Police responded to a wrong way driver between Mishawaka and South Bend Thursday afternoon when a person drove onto an exit ...

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.

wRonG-wAy dRIverS DRIVING us nUtS. Interstate Highway Drivers Saying, We Gotta Get Outta this Place.

Steve Lombardi — Mon, 21 Nov 2011 04:01:19 -0600

Animals, We Gotta Get Out Of This Place, 1965

We are back again with more wrong-way driving incidents on the interstate highway system across America. Let’s do the tally:

Places with and alleged reasons for Wrong-way drivers:

Honolulu, Hawaii with a young man balancing two jobs and probably tired (It is unknown at this time if speed, drugs or alcohol were factors in the crash, which occurred under clear skies in a well-lit area of the freeway.).

South Kingstown, Rhode Island, here is a quote: “Woods failed to perform the field sobriety tests to the satisfaction of the officers and was subsequently placed under arrest.”; moving on we head to

Doralville, Georgia where the wrong-way driver is reported by the news source to have been driving under the influence and after driving the wrong direction on Interstate 20 struck the car of a police officer, killing the detective. Another linked story with video. Mug shot of suspect.

Pewaukee, Waukesha County, Wisconsin, I-94 – “The Waukesha County Medical Examiner's Office is now reporting Ewing had a blood alcohol level of .35, nearly five times the legal limit.”

Franklin, Indiana – Johnson County, U.S. 31 south – “ … arrested on charges of operating while intoxicated, burglary and possession of stolen property, Johnson County Sheriff Doug Cox said.”

Chaska, Minnesota, Audobon Road – cause unreported although there is a hint in the following quote: “A Shakopee man was killed and three people were injured in a head-on collision Friday evening in Chaska.

Milwaukee, Wisconsin – Interesting story, FOX6 Investigation: What do all nine wrong way driving incidents have in common?

Nine wrong way driving cases on Milwaukee freeways in 2011

In 2009 nationwide, more than 1,700 people died in wrong way crashes. The problem has gotten so bad in Arizona that officials are now testing sensors that will detect if there is a wrong way driver, and notify others on the highway with electronic signs. Highway safety experts say all you can really do if you come in contact with a wrong way driver, is flash your high beams, and try to determine what lane the driver is in. Most often, they'll be in the fast lane, because they think they're in the slow lane.

Hartford, Connecticut – I-84 near exit 47. “A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford” A second link to this incident.

“Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 p.m. when he struck a pickup truck driving north.

Ballines Rios died at the scene.

The truck's driver and two passengers, all from Victoria, Minn., were treated at Ridgeview Hospital in Chaska and released, according to the Chaska Police Department.

Alcohol was detected on Ballines Rios, according to the State Patrol. “

Boone County, Indiana – I-465. “Investigators say open alcohol containers were found in the Pontiac.”

]]>

Here are links to all of these incidents. Remember we’ve been covering wrong-way driving cases for several years so if you want more information due to a relative or friend who died because of a wrong-way driver give us a call we’d love to talk to you. And check out the top reasons for wrong-way collisions, how to recognize when a wrong-way driver may be coming and how to avoid being struck by a wrong-way driver. It’s at the bottom of this page.

Investigators: Wrong-Way Driver Caused Fatal H-2 Crash
KITV Honolulu
According to traffic investigators, one driver is dead and two others injured after a wrong-way driver caused a three-car crash on the H-2 freeway Saturday morning. Investigators said the crash occurred around 2:20 am Saturday on the H-2 freeway ...

Police Log: Wrong Way Driver Charged With DUI
Patch.com
By Carl Critz Gwendoline Woods, 62, of 2 Colony Rd. in Charlestown was arrested for suspicion of driving under the influence of alcohol with a BAC of .15 percent or greater on Wednesday, November 16 around 8:50 pm after a traffic stop on Route 1. ...

Wrong way driver causes fatal crash on H-2 Freeway
KHON2
A 40 year-old Wahiawa man was killed when he was hit head-on by a wrong way driver on the H-2 Freeway Saturday morning. It happened at 2:20 am on the north-bound direction near Ka Uka Blvd. Police say a 21 year-old man from Waianae, driving a 1992 ...

DORAVILLE: Wrong-way driver had multiple DUI arrests
WXIA-TV
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on Interstate 20 has had several prior arrests, including two drunk driving charges. ...

Wrong-way driver was four times legal limit
Today's TMJ4
By The WTMJ News Team PEWAUKEE - The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit. Dawn Ewing crashed head-on into a car after driving about 8 miles the wrong way in the eastbound lanes on I-94 ...

Driver was DUI in wrong-way I-20 crash that killed Doraville cop, police say
Atlanta Journal Constitution
By Mike Morris and David Ibata A 39-year-old Dunwoody man was charged Tuesday with vehicular homicide and driving under the influence in a wrong-way crash that killed a police detective on I-20 in DeKalb County, authorities said. ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who was driving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver killed, three hurt in Chaska
Pioneer Press
Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 pm when he struck a pickup truck driving north. The truck's driver and two passengers, all from Victoria, Minn., were treated at ...

Wrong-way driver causes deadly crash on interstate
Fox 59
The driver of the Pontiac died at the scene. His identity has not been release. His passenger and three passengers in the SUV were taken to the hospital with non-life-threatening injuries. Investigators say open alcohol containers were found in the ...

Wrong Way Driver Almost Hits Police Cruiser
KRIS Corpus Christi News
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets. A Corpus Christi police officer had to swerve to get out of the way of a Chevy Silverado heading the wrong way on ...

Tests Show Wrong-Way Driver In Fatal Was Drunk - Milwaukee ...
WAUKESHA, Wis. -- Toxicology shows a wrong-way driver in fatal crash was legally drunk. Friday, November 18, 2011.

Wrong-way driver was four times legal limit - 620 WTMJ ...
The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit.

Doraville Officer Killed In Wrong Way Crash « CBS Atlanta
By psati
Investigators say a Doraville police officer on his way to work, was killed early Monday, when a wrong way driver slammed into his car on I-20, in a pre dawn crash in DeKalb County.

DORAVILLE: Wrong-way driver had multiple DUI arrests | 11alive.com
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on ...

Georgia Police Officer Killed by Wrong-Way Driver - Officer.com
Georgia Police Officer Killed by Wrong-Way Driver. Video. Created: November 14 , 2011. Recommend · Twitter · Share · Print ...

Wrong Way Driver Almost Hits Police Cruiser | Corpus Christi, TX ...
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets.

YouTube wrong way crash driver Shazida Begum banned
BBC News
A woman who admitted driving the wrong way down the slip road of a busy dual carriageway and crashing into two lorries has been fined and banned. The crashes happened in March on the A90 Aberdeen to Stonehaven road. Begum, 21, was fined £700 and banned ...

FOX6 Investigation: What do all nine wrong way driving incidents have in common?
FOX6Now.com Milwaukee
There have been several wrong-way drivers on Milwaukee's freeways, who eventually end up involved in crashes. The latest involved Dawn Ewing, who drove the wrong way for at least seven miles, before hitting the vehicle driven by father of three, ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who wasdriving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver on Hwy. 61 causes accident
Winona Daily News
An intoxicated underage Winona woman drove the wrong way on US Hwy. 61 Friday night, causing one crash that injured a woman before a second driver followed her and turned her in, according to the Minnesota State Patrol and Winona County Sheriff's ...

Wrong-way driver fleeing police goes to HPD parking lot
Houston Chronicle
Clark said York entered the 610 Loop in the Bellaire area going the wrong way and drove to US 290. Oncoming motorists had to maneuver out of his path. At times the chase reached speeds up to about 80 mph. York exited the freeway at Tidwell, driving the ...

SAPD arrests wrong-way driver on suspicion of DWI
KENS 5 TV
by Stacia Willson / KENS 5 A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated. San Antonio police received reports about an erratic driver at about 1:45 am Monday. ...

New technologies could prevent wrong-way drivers
Today's TMJ4
Drivers take a wrong turn and end up driving the wrong-way on the highway. The most recent case ended with two people killed. Wrong-way sensors have worked in North Texas. "We had a 44% percent reduction in wrong-way crashes and a 100% reduction in ...

Fugitive wanted in wrong-way fatal crash that killed Queens bar owner George ...
New York Daily News
He was sought for being the wrong-way driver who slammed his girlfriend's car into a livery cab in Queens last month, killing the livery passenger, Maspeth bar owner George Gibbons. Authorities pinched a fugitive in Connecticut Tuesday who was wanted ...

Man driving wrong way on SPID suspected of drunken driving, Corpus Christi ...
Corpus Christi Caller Times
An off-duty police technician reported a blue 1997 Pontiac Firebird going the wrong way on the highway near the Laguna Shores Drive exit, according to a news release. Police stopped the driver, who appeared intoxicated. He failed a field sobriety test, ...

Police: Drunk wrong-way driver kills man | Local & Regional News ...
One person is dead and at least one person is injured after an accident Tuesday night on I-105 in Eugene.
KVAL 13 - Local & Regional News...

SAPD arrests wrong-way driver on suspicion of DWI | kens5.com ...
A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated.

Wrong-way driver faces DUI charges - WFSB Channel 3
A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford.

Wrong-way driver on Hwy. 61 causes accident
An intoxicated underage Winona woman drove the wrong way on U.S. Hwy. 61 Friday night, causing one crash that injured a woman before a second driver ...

Wrong-way driver in deadly crash had prior DUI arrest | 11alive.com
Wrong-way driver in deadly crash had prior DUI arrest. 5:28 PM, Nov 15, 2011 | comments. Gene Jones has been charged with DUI in the death of a Det. Shane ...

Wrong-way Drivers on the interstate highway

If you think wrong-way drivers on the Interstate Highway system is a once-in-a-while thing, think again. Look at these reports from Google. It seems like there is an epidemic of wrong-way collisions and crashes out there. We've had several wrong-way drivers and accidents in Iowa.

About wrong-way drivers

Wrong way drivers present an obvious danger to all motorists on our highways.

The most recent available crash statistics from the National Highway Traffic Safety Administration indicates wrong way drivers are involved in 1.5 percent of all fatal crashes.

Drivers who travel the wrong way on one way highways generally fall into one of eight different categories:

Intoxicated driver
Older drivers who easily get confused
Purposeful acts including attempts to commit suicide and criminals attempting to elude the police
Inattentive drivers who mistake an off-ramp for an on-ramp
Mental defect or disease
Prescription drug intoxication
Inexperience
GPS providing incorrect, inaccurate or confusing information

Safety tips and information related to wrong way driver situations:

Watch far ahead for signs of a possible wrong way driver, looking for signs similar to pending problems or developing emergency situations such as other traffic braking or swerving to avoid something, or the obvious - headlights coming in the opposite direction.
Caution against driving long periods in the left lane on freeways, especially on curves and over a hill or any rise in the road where you aren’t able to clearly see ahead.
Be aware that wrong way drivers usually drive in the passing lane believing they are actually on a two-lane highway.
The most common types of wrong way crashes are head-on or sideswipe crashes.

What should you do if you see a wrong-way driver?

Get to the shoulder and stop.
If you can’t get to the shoulder, slow down and attempt to safely stop your vehicle by pulling to the right.
Sound your horn.
Put on your lights and flash the high beams.
Call 9-1-1.
Before getting in the car wear your seat belts.
Drive in the right hand lane of travel on the Interstate.
When passing or coming to the crest of a hill look ahead for a wrong-way driver making sure the lane is clear.
Assume when in the left hand lane of a divided highway that you may come upon a wrong-way driver.
When driving on a divided highway stay vigilant and pay attention to what is ahead of you. Avoid allowing distractions to take your attention off the road ahead.

How can drivers avoid wrong-way driving?

Don’t drive drunk.
When coming to a divided highway come to a complete stop, look at and read the signs, making sure you know which way to go.
Don’t allow vehicles to the rear to rush you.
Stay off the telephone when driving.
Don’t allow distractions to interfere with being vigilant about your driving.
If you’re a young driver, don’t drive when the other passengers are a distraction.
If you’re an elderly driver, get evaluated once a year to see if your senses and skill level allow you to safely drive. Don’t be so stubborn about giving up your driver’s license that you ignore the signs of perception difficulties. Invest in and use a GPS.
Pay particular attention when driving north for southbound wrong-way drivers. For whatever reason there were more of these direction wrong-way drivers than any other.
Pay particular attention when driving after midnight and 2:30 a.m.

What else needs to happen to reduce wrong-way collisions?

States could identify the locations of repeated wrong-way entry points. Those points could be redesigned including tire puncture equipment such as we see in use at most parking ramps.
The Court’s must get very tough on drunk drivers and those who cause collisions from being on cell phones (talking or texting); more than they already have been.
The DOT should begin an education campaign for drivers to recognize and avoid wrong-way drivers.
The DOT should begin an education campaign to instruct drivers what to do when a wrong-way driver approaches.
States should further study wrong-way avoidance road and sign designs.
State DOT’s should consider a different middle line design with hash marks bent in the direction of travel and against the opposing direction.
Juries in civil actions need to send a clear message to offenders with large punitive damage awards.
The DOT needs to evaluate older drivers annually for visual and mental awareness; taking away driving privileges where there is risk.
Lawyers need to plead punitive damages in wrong-way collisions.
Victims need to be educated on what to do when they are involved in a wrong-way collision.
Witnesses of wrong-way collisions need to get involved with identifying themselves to police officers investigating a wrong-way collision. Those witnesses may have very valuable information to helping identify the entry points, causes and preventive measures.
DOT accident forms need to be amended to allow the collection of information to identify characteristics associated with causing wrong-way entry points, times when wrong-way collisions are most likely to occur and driver characteristics of those likely to drive the wrong-way. Children and friends of older drivers need to get involved with identifying those likely wrong-way drivers.
States should consider a radio system that would allow public service interruptions, like what is done on television when a weather emergency is eminent. It wouldn’t be perfect (not all radios are on) but something is perhaps better than nothing.

If you’re in an accident on I-35, I-80 or I-235 or any of the other interstate highways in Iowa give me a call. If on I-35 we can help you; so feel free to contact us and as always because we’d rather you call sooner than later.

Steve Lombardi, 1300 37^th Street, Suite 6, West Des Moines, Iowa 50266
Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Traffic Violation Cameras intrusive, but reliable witnesses

Steve Lombardi — Thu, 17 Nov 2011 04:00:55 -0600

Here is a trial tip: The lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. Which means we have to learn where these cameras are located. As for clients who are in an intersection collision it’s better to get a lawyer onboard sooner rather than later. This is also a reason for the lawyers to get out to visit the accident scene. You just never know where a camera may be recording the events. The camera may be on a nearby building used as a security camera.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
Iowa Traffic Webcams from Leonards Worlds
Traffic Cameras by State – USA Russia Style link.
Iowa Webcams link.
Des Moines area links.
Iowa Red Light Cameras Map link.

Personal Injury News on The Edict from Central Iowa - November 5, 2011

Steve Lombardi — Wed, 09 Nov 2011 04:11:45 -0600

The dangers of Anhydrous work - In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It’s the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers’ compensation benefits, assuming the farmer bought the coverage. Buying workers’ compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse’s sake.

Grade School Bus Accident - In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver’s focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students. Update: No charges are expected against the bus driver or the school.

]]>Driver Distractions - In St. Ansgar, Iowa a Stacyville teen died when her car ran right into the back of a school bus. She is 17-year-old Allison Marjie Smith. One has to wonder if there was a distraction inside the cab or her Pontiac Bonneville.

Slow down and leave more room to stop - Next we move onto West Des Moines, my stomping grounds and Interstate 35 where we have a multivehicle crash. In this crash for whatever reason, not explained, a southbound vehicle is described as having crossed the median and crashing into a northbound car. This article is kind of sketchy so let me check the ISP reports to see if there is at least a preliminary report. Update: The driver of what appears to be the at-fault vehicle was Danny Knowles of Des Moines. He was 58-years-old. I’m still waiting for the other drivers to be identified. Update: Police spokesman is Lt. Jim Barrett.

Trucking, give them room - One of many accidents on I-80 this one near Coralville-Iowa City around 7:30 pm killed a driver. This is a truck driver who hit the barrier, the Jersey barrier, then rolled onto the left side and caught fire. The carrier is Dart Transportation out of Cary, Illinois. This will in all likelihood result in a workers’ compensation claim. The widow, if any, should contact the Capron & Avgerinos firm that does good work out of Chicago, Illinois. They are a firm that handles workers’ compensation injury work. If it’s Iowa benefits they need or want we can help you. 515-222-1110 or sdlombardi@aol.com. I’ll check further reports and add to this post.

Can you say carbon monoxide poisoning - A metro Ice Arena mysterious illness is probably carbon monoxide poisoning from either the Zamboni or else a fresh air intake vent. Although Urbandale police did not find elevated levels they might check out venting where the patrons were seated. I’ve seen this up north at UNI where deliver trucks would park with engines running outside the facility, a lab, and the fumes were then being sucked into the building making the lab workers sick. I’ve covered carbon monoxide poisoning previously. Follow this link to the Lombardi Law Firm search for carbon monoxide poisoning.

Unexperience and Teen Driving - Onto Winneshiek County we head, where a one-vehicle crash killed a Minnesota teen and injured several others. Riding as a passenger in a Ford F-150 pickup truck Joshua Evers, just 18 out of Rochester, Minn. died as a result of personal injury caused by the collision. ” The injured include the driver, Brenden Christensen, 18, of Winnebago, Minn.; Bobby Wild, 19, of Lansing, Ia.; Shenyse Tharp, 18, of Holy Cross, Ia.; Trey Dylsin-Hillyer, 18, of Frost, Minn.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn.”

According to the article from the Register Christensen was the driver and failed to negotiate the curve at 245^th Avenue to the north of 200^th Street. The accident happened at around 9:15 a.m.

Medical condition while driving - From northeastern Iowa we go again to central Iowa and specifically to Ames, Iowa and back again on I-35. In this car or bus accident the rock-band bus for Georgia rock band Widespread Panic died of a medical condition just prior to a series of collisions. I’ll update this post with names when I locate the accident report. I keep trying to persuade my wife that we should buy a rock band bus, make fake rock concert tickets and t-shirts, then get on the road giving them away. All across the country we will take pictures of people with promoting gullibility and having a great time. Update: Interesting enough this chain reaction is described as common when people driver and fail to leave enough room between the front of their car or truck the rear of the one to the front. Add speed and you’ve got a recipe for disaster.

Watch the road - On U.S. Highway 59 Marcella Schwery, 68 from Panama is thought to have crossed the center line hitting a car being driven by Christina Cotant, 26 of Avoca. It looks like three people were killed including Robert Schwery, 71 of Panama. Check out the article here. If the cause of this head-on collision is accurate then Schwery would be the at-fault driver, although if there was a medical emergency she may not have been excused from her fault. Interesting huh?

Playing by the rules - More charges came out of Polk County over the filmmakers’ use of tax credits. See the article here. These have to do with two California filmmakers. Can you say black eye?

The Economy makes people do stupid things - From Iowa Orchard we have the Great Pumpkin caper and 220 pumpkins going missing. Seems like a sign of these bad economic times.

Recent Iowa Cases of Interest

Steve Lombardi — Wed, 05 Oct 2011 05:00:54 -0600

What’s going on in Iowa courts? That depends on what you read and who you talk with. There are many different cases of interest from the Heartland. There is one I just couldn’t help but report about.

High speed chase in Urbandale following a Medicap Pharmacy burglary call. This reminds me of the case involving the burglar who stole the erectile dysfunction drugs. The APB was for a hardened criminal. Which brings us right on to our next criminal case, one for assault.

A better way to get men to ask you out than joining eHarmony, Match.com or any of the other dating sites. This method beats having a Facebook page although the FB page might enhance the publicity you get. Woman Accused Of Hitting Boyfriend Who Refused Sex

A Johnson County judge declared a mistrial in a first-degree murder trial involving a 19-year-old man allegedly shooting a landlord. Whether the prosecutorial misconduct reaches the level where it triggers double jeopardy will be later determined. The mistrial declaration followed the showing a video tape that included references to excluded evidence. Oops!

Big brother has a very fat finger. Traffic cameras capture one license plate but the fat fingered operator entered another and sent a ticket to the wrong person. Poor Sarah Sharpnack has a car with the license plate 972YOB and the video shows a white pickup truck with license plate 972YDB. Hmmmm…. Garbage in garbage out.

]]>A West Des Moines dog saved his owner’s life by waking the homeowner up and then died.

The Des Moines City Council approved a $500,000 claim involving excessive force.

A 61-year-old man apparently fell off his deck and died of blunt force trauma. It would be interesting to know if the blunt force was to the head. There is no indication as to how high the deck was from the ground.

Twin 11-month old infants died from what is characterized as a bathtub incident. No details in the KCCI article. This is not an Iowa case; it was simply reported in Iowa from Wisconsin.

Another school bus drunk driver case

Steve Lombardi — Tue, 04 Oct 2011 04:00:15 -0600

A Chicago school bus driver was allowed to finish her route with a BAC of more than three times the legal limit of alcohol in her system. There were 50 kids onboard. School officials said their hands were tied by federal rules prohibiting them from intervening because no one had actual knowledge of the intoxication. I don’t agree with that conclusion. See Divine intervention helps. Brooks Taylor, Mt. Pleasant News. This incident still keeps me awake late at night. See the Ottumwa Courier.

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 ...

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".

Clearly Archimedes would drive the Ferrari 458 Italia

Steve Lombardi — Mon, 18 Apr 2011 08:10:56 -0600

On Friday we covered the rollover accident as it relates to the conditions on Iowa's rural gravel roads; the specific condition is called washboarding. Afterwards I was asked about the legal issues surrounding the rollover case. Because I'm licensed to practice law in Iowa my specific references are to Iowa law, but they do apply generally to driving in other states.

So let us briefly cover how the law views fault or liability of the driver after there is a rollover and passengers in the SUV are hurt.

IT'S ALL ABOUT THE DRIVER'S DUTIES

All drivers have a duty to maintain control of the car or truck while driving on the public roads. A duty to maintain control isn’t normally being exercised when the car has gotten sideways and rolled the vehicle. Legal issues revolve around speed and lookout will then be analyzed and the law determines if the driver was going too fast, not paying attention, driving drunk or failing to take into consideration ever-changing road conditions, such as washboarding of the road surface, or ice, snow, rain or maintenance issues.

These issues will all be evaluated in the rollover accident cases that are at the end of today's blog. In many accidents the driver won’t be able to make a claim against anyone since it is there own fault that caused the vehicle to roll. In instances where there is another car or truck that caused the accident the driver can pursue a legitimate claim. But in single car accidents with no other fault except speed, control and lookout of the single driver, it is the passengers with the legitimate claim.

PUT DOWN THE CELL PHONE

So buckle up, slow down and maintain your attention on your driving.

]]>See also the following articles.

Boone County Deputy Survives Roll Over Accident - Welcome to KGAN ...
KGAN CBS 2 :: Top Stories - Boone County Deputy Survives Roll Over Accident - BOONE, Iowa AP -- A Boone County sheriff's deputy is very sore after his ...

Driver Hurt In Waterloo Rollover Crash | KCRG-TV9 | Cedar Rapids ...
WATERLOO, Iowa - One man is in the hospital following a rollover crash in Waterloo. The accident happened around 10:30 p.m. Monday at Highway 218 and ...

1 hurt in Waterloo accident
Waterloo Cedar Falls Courier
WATERLOO, Iowa -- Waterloo Police are investigating a single-vehicle rollover accident on Highway 218 and Fletcher Avenue Monday night. ...

In Iowa what's involved with investigating a roll-over accident?
Do you need to know how to investigate your rollover accident? Or do you need a lawyer that knows what to do? Call Steve Lombardi, 515-222-1110 or ...

Two killed in rollover accident » Local News » The Clinton Herald ...
According to the Iowa State Patrol accident report, Tanner J. Schreibe, 20, ... Two killed in rollover accident. A Saturday morning accident left two people ...

One injured in rollover crash near Van Horne | TheGazette
Early-morning frost is blamed for a rollover accident Tuesday along Highway 218 that sent one man to the hospital. Iowa State Patrol Sgt. Dave Willis.

One Person Airlifted After Rollover Accident Along Highway 218
KCRG
By Jeff Raasch, Reporter By Aaron Hepker VAN HORNE, Iowa – Early-morning frost is blamed for a rollover accident Tuesday along Highway 218 that sent one man ...

One airlifted after rollover along Hwy. 218
Eastern Iowa News Now
Iowa State Patrol Sgt. Dave Willis takes a picture of a sport-utility ... frost is blamed for a rollover accident Tuesday along Highway 218 that sent one ...

Police investigate rollover on Downing Ave. in Waterloo
Waterloo Cedar Falls Courier
(JEFF REINITZ / Courier Staff Writer) WATERLOO, Iowa --- Waterloo police this morning were on the scene of a rollover accident at Downing Avenue and ...

4 injured in rollover accident Friday
Journal-Advocate
According to the accident report, Alphonso Johnson, 54, of Davenport, Iowa, fell asleep at the wheel while driving a 2006 Ford E250 pulling a trailer ...

UNI student dies in early morning crash - KWWL.com - News ...
MARSHALL COUNTY (KWWL, WHO)-- A student from the University of Northern Iowa has died, after a rollover crash on her way back to school. ...

Rowan man dies days after pickup rollover accident
Mason City Globe Gazette
The accident is also now listed as a fatality on the Iowa State Patrol's accident report. According to the report Holmes was northbound on Balsam Avenue, ...

KGAN CBS 2 :: Top Stories - UNI Student Killed In Rollover Crash ...
KGAN - CBS 2 Top Stories - UNI Student Killed In Rollover Crash In Marshall County. Share. MARSHALL CO, IA. (KGAN) -- The Marshall County Sheriff's Office ...

KFXA FOX 28 :: Top Stories - UNI Student Killed in Rollover Crash
Iowa Winery Excited about American Wine Outselling French in 2010 · UNI Student Killed In Rollover Crash In Marshall County ...

One dead in roll-over accident - glurb.com (a.k.a. HeyIowa.com ...
A woman is dead following a single roll-over accident around 7 a.m. this morning . The accident took place at the intersection of Durham Avenue and Highway ...

Rollover Accident Kills Carlisle Woman - WHO
A University of Northern Iowa student from Carlisle was killed Friday morning in a one-vehicle rollover accident.

ANITA MAN INJURED IN ROLLOVER ACCIDENT - 96.5 KSOM Audubon ...
The Southwest Iowa Home, Garden and Business Expo is back April 8th and 9th. ... ANITA MAN INJURED IN ROLLOVER ACCIDENT. (ATLANTIC) An Anita man was sent to ...

Rollover Crash Hurts Three People, Including Teen - Topix
Mills County, IA A rollover crash in southwest Iowa sent three people to the hospital on Monday night. Share. Post. Leave a Comment ...

Franklin County rollover accident sends man to hospital
Waterloo Cedar Falls Courier
The Iowa State Patrol was assisted by the Franklin County Sheriff's Office and Franklin General emergency crews at the accident scene.

Three injured in Hinton rollover accident
HINTON, IOWA -- A Kingsley, Iowa, man was taken to Mercy Medical Center-Sioux City with ... injuries following a Friday morning rollover accident in Hinton, ...

Rollover accident in Fayette County | Eastern Iowa News Now
On 2/28/2011 at 8:00 A.M. the Fayette County Sheriff's office took a 911 report of a one vehicle roll over accident at H Ave and Hwy 18 just east of West ...

Medical condition may have led to Marion rollover crash | TheGazette
Medical condition may have led to Marion rollover crash ... Pothole tracker. Warn other drivers about the worst potholes in Eastern Iowa. ...

Would Archimedes have driven an SUV or a Ferrari 458 Italia?

Steve Lombardi — Mon, 18 Apr 2011 05:21:20 -0600

In Lyon County, Iowa there’s another rollover accident; this one involving a 31-year-old man driving an SUV on a county road north of Rock Rapids at about 5:20 in the evening. Here is the part of this story that should interest you, do you know if your car, that SUV you drive has a high or low center of gravity and if it’s high how likely is it the car will roll if it gets sideways? Iowa’s farm-to-market roads in rural Iowa are made from limestone gravel and there’s this thing called washboard that naturally occurs from cars, trucks and tractors rolling over it. As lighter cars drive over washboard at high speeds they bounce and can turn sideways. Turn that SUV sideways at 55 mph or more and if it has a high CG it’s more than likely it will roll. The higher the CG the more easily it will roll over.

http://youtu.be/kOC4PjCdHKY

]]>This next video shows a rollover of an SUV.

http://youtu.be/qnxhNpim1Po

Here is another one, simply ignore the swearing at the end.

Let us get back to our case in point. In this instance Mr. Benjamin Perry of Ocheyedan’s SUV did just that, turned sideways, rolled and because he wasn’t wearing a seatbelt he was thrown from the vehicle. The reporter didn’t tell us what type of vehicle he was driving so we can’t learn from this one, but that won’t stop us from evaluating why SUV’s are more likely to rollover. Rollovers will continue to occur and if you want to reduce your changes of serious personal injury and death then wear a seatbelt in the future. This story brought to us from KTIV in Siouxland.

See Julius Sumner Miller – Physics – Center of Gravity

http://youtu.be/vYbBakL9Cj8

The Advantage of the Monkey’s Tail

http://youtu.be/tycPnFx9e1c

2009 MX-5 Miata: Center of Gravity Demonstration

Ferrari 458 Italia – Does its low profile allow higher speeds? Go to 1:28 ish.

Why is the Ferrari’s design such a low profile?

Style with a high CG over washboarded gravel can be dangerous.

Subaru Forester 09 offroad test – 0:47 and notice the sense of top heaviness and tipping over that you get.

The taller the vehicle the higher the CG of the SUV would be.

One more thing about the washboarded area of the gravel road: what I’ve found over the years is the clients come into the lawyer’s office months after the accident has occurred. By that time it’s too late to do anything for the client because you can’t get the evidence you need to prove their case. In this instance of the issue involving road maintenance by the time the lawyers might look at the case the County maintenance crew has destroyed any evidence of the road’s condition as it was at the time of the rollover. Following the accident that the County Sheriff investigates they will flag the county maintenance crew to get right on regarding the road’s surface essentially obliterating any evidence that would show a lack of road maintenance.

So what is the solution? Slow down.

The researchers found one, and only one, solution: Slow down. A lot. "The critical velocity below which [the surface] would remain flat is about 5 miles per hour," Taberlet says.

If you want to know more about why dirt roads develop washboard surface see J. Rehmeyer’s article from August 18, 2007 in Science News.

Any bed of dirt or sand, even a very smooth one, has minuscule irregularities that slightly jog a rolling wheel. Each time the wheel hits a bump, the computer simulation showed, it pushes the dirt forward a bit, enlarging the irregularity. Then, as the wheel passes over the top of the bump, the force of its descent pushes dirt forward into the next bump. Repeat these actions a hundred or more times and the familiar pattern of ridges appears.

Drunken Driving News for March 12, 2011

Steve Lombardi — Sat, 12 Mar 2011 05:06:18 -0600

Today let’s go with this one news item from the Omaha World-Herald. If you want to know how summary driver license revocation hearings can be read this story. To set the mood right play this melancholy music to back you up and to put all of this in the right perspective. The artwork is rally intriguing, but the collage is different to say the least. I would compare this to an operatic comic book of sorts.

http://www.youtube.com/watch?v=egweJhjt2So

Building on DUI law - Omaha World-Herald - Iowa and New Mexico both allow most first-time drunken drivers to use ... Jim Fell, a longtime administrator with the National Highway Traffic Safety ...