The NTSB says Tuesday that both crewmembers had fallen asleep. They failed to comply with a signal requiring them to operate at a restricted speed and stop short of the standing train.

Railroad Accident Reports from the NTSB

See NTSB news story from AP and The Republic story of April 24, 2012

Board Meeting - Railroad Accident Report - Collision of BNSF Coal Train With the Rear End of Standing BNSF Maintenance-of-Way Equipment Train where you can also listen to the live streaming webcast. 

1. The following were not factors in the accident: the condition of the track, railcars, or signal system; the weather; the visibility of signals; the use of cellular telephones by crewmembers; the vision and hearing of the crew; illegal drug or alcohol use, the actions of the train dispatcher and the crew of the maintenance of way equipment train; or the mechanical condition of the locomotives of the striking coal train.
2. The striking coal train conductor's and the engineer's irregular work schedules contributed to their being fatigued on the morning of the collision.
3. Based on their medical histories, both crewmembers on the striking coal train were at high risk for sleep disorders and fatigue.
4. Based on the conductor's and the engineer's irregular work schedules, their medical histories, and their lack of action before the collision, both crewmembers on the striking coal train had fallen asleep due to fatigue.
5. Had the two crewmembers on the striking coal train completed the BNSF's fatigue training program, they would have had the opportunity to learn that they were at risk for sleep disorders, particularly obstructive sleep apnea, and the computer-based training program would have displayed a message advising them to consult with a physician.
6. Had the requirements described in Safety Recommendations R-02-24, -25, and -26 been in place, this crew would likely have been identified as at high risk for sleep disorders, which may have led to appropriate medical intervention.
7. Because biomathematical models of fatigue are relatively new to the railroad industry, the use of this technology should be evaluated for its effectiveness within the context of railroads' fatigue management plans through independent scientific peer review.
8. Had the crew of the striking coal train been alert and operated their train in accordance with restricted speed requirements, the collision would have been prevented.
9. Locomotive alerters only detect engineer inactivity and should not be used as a substitute for an effective fatigue mitigation strategy. 
10. Had the positive train control/Electronic Train Management System currently in development been installed on the Creston Subdivision, it most likely would not have prevented this accident because it does not identify the rear end of a standing train as a target and because it allows following movements at up to 23 mph. 
11. The positive train control designs that are being deployed and the Federal Railroad Administration's final rule on the application of positive train control are unlikely to prevent future restricted speed rear-end collisions similar to the 58 rear-end collisions reported to the Federal Railroad Administration over the last 10 years or the collision at Red Oak because train speeds at the upper limit of restricted speed are allowed. 
12. Because the isolated locomotive cab module detached from the deck of the locomotive and was subsequently rotated and crushed, the crew could not have survived. 
13. Although the current locomotive crashworthiness standards include a procedure to validate alternative locomotive crashworthiness designs that are not consistent with any Federal Railroad Administration-approved locomotive crashworthiness design standard, this requirement was not effective in identifying the modular operating cab as an alternate design. 
14. The emergency response to the accident was timely and appropriate. 
15. Had an inward-facing video and audio recorder been installed in the cab of the locomotive of the striking train, additional valuable information about the train crew's actions before the collision would have been available. 
16. Because the Federal Railroad Administration developed standards and regulations for certified U.S. Department of Transportation crashworthy event recorder memory modules in response to the National Transportation Safety Board's prior recommendations, and a crashworthy event recorder was installed on the accident locomotive, information about this accident was available that otherwise would have been destroyed. 
17. Because data from voluntarily installed locomotive video cameras are typically not stored in crashworthy memory modules, important operational and safety data are at risk of being lost following an accident.

Probable Cause

The National Transportation Safety Board determines that the probable cause of the accident was the failure of the crew of the striking train to comply with the signal indication requiring them to operate in accordance with restricted speed requirements and stop short of the standing train because they had fallen asleep due to fatigue resulting from their irregular work schedules and their medical conditions. Contributing to the accident was the absence of a positive train control system that identifies the rear of a train and stops a following train if a safe braking profile is exceeded. Contributing to the severity of collision damage to the locomotive cab of the striking coal train was the absence of crashworthiness standards for modular locomotive crew cabs.

Question:

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.

"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, ...

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 ...

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 ...

Question:

See also:

Why would someone want to steal my airbag?

Police Trace Airbag Theft With DNA

Airbags Becoming A Hot Commodity Among Thieves In NYC

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

• Huisnetruit's Disappearance is a Going-n-Coming Rule issue, August 7, 2010
• R evisiting the Going And Coming Rule In Iowa
• If I'm hurt while driving to work or home from work am I covered ...
• 2 days ago, I was injured in an auto accident on my way to work. I ...
• Library Category: Workers' Compensation
• Worker's Compensation | Central Iowa Personal Injury Attorney

Hancock County, Iowa

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

• 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

1. Improper Installation of the Trailer Hitch or the Towing Mechanisms
2. Using a trailer that is beyond the hitch’s rating
3. Not using the chains
4. Using the chains improperly
5. Using the wrong sized ball and socket
6. Overloading the trailer
7. Using a broken hitch
8. Not latching the ball
9. Not securing the security pin
10. Towing a poorly maintained trailer causing excessive pressure on the hitch itself
11. Improperly inflated tires
12. Loading the trailer beyond the axles weight rating and breaking the axle
13. Failing to double check hitch before driving off
14. Not having brakes on the trailer while pulling a heavy load
15. 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. 

• 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. 

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. 

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. 

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?  

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

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. 

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. 

These are tough cases. I'd like to read that brief.

Title: ESTATE OF DENVER DANIEL PARVIN, DECD

Docket Number: 06571 ESPR034614

Venue: Linn County

Petition filed: 3/17/2010

Facebook: Rest in Peace Denver Parvin

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. 

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. 

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.

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.

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. 

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. 

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. 

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".

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.

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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 ...

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. ...

http://youtu.be/kOC4PjCdHKY

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.

See also Changes in Gravel Maintenance

Physical Review Letters, Moving Physics Forward

How to Make a Gravel Road: Benefits of making a Gravel Road, YouTube, 138,712 Views

How to Make a Gravel Road: Tips for Making a Gravel Road

How to Make a Gravel Road: Best Equipment for Making a Gravel Road

Finnish Gravel Road – Demonstrates washboarding along a drive.

See also the following news articles about rollover accidents in Iowa.

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 ...

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. ...

http://www.youtube.com/watch?v=E0rAacH-tqg

We have a slew of roll-over accidents that speaks volumes about speed, high c-g's in modern day SUV's and how speed kills.

Car and Tractor Trailer Accidents Blog | Roll-Over Accidents May ...
Roll-Over Accidents May Allow a Passenger Claim for Personal Injury for Feb.24, 2011. SUV, truck and car rollover accidents in Iowa are common because many ...
www.lombardilaw.com/.../rollover-accidents-may-allow-a-pass...

Woman hospitalized after I-80 collision
Eastern Iowa News Now
Emergency crews responded to the eastbound lane of Interstate 80 near mile marker 268 around 11:10 am for a report of a vehicle accident. ...

Three injured in rollover accident
Since 1837 ¤ Iowa's Oldest Newspaper. News updated daily at 11 a.m. CT ... OQUAWKA, Ill. - A one-vehicle rollover accident sent three men to the hospital ...
www.thehawkeye.com/story/accident-brief-021311

North Platte man dies in rollover crash - Action 3 News - Omaha ...
North Platte man dies in rollover crash. Associated Press - February 10, 2011 11 :35 AM ET. NORTH PLATTE, Neb. ... Neb. man pleads guilty in fatal Iowa crash ...
www.kmtv.com/Global/story.asp?S=14005850

Highway 65 Accident - KIMT.com – Iowa & Minnesota Together
A rollover accident held up traffic on a local highway. ... 70-year-old Jeanette Kirschbaum, both of Hampton, were taken to Mercy Medical Center North Iowa. ...

Semi Rollover Closes Off Highway 30 Westbound Traffic Near Ames - WHO
who-story-highway-30-accident-021511. Traffic on Highway 30 near Ames was disrupted Tuesday afternoon because of semi rollover. The Iowa Department of ...

Crash Closes U.S. 30 near Ames | Eastern Iowa News Now
Posted February 15, 2011 1:20 pm by Iowa Department of Transportation. A Semi tractor trailer rollover crash has closed westbound U.S. 30 near Ames in Story ...

Woman, toddler hurt in rollover accident
Dubuque Telegraph Herald
DYERSVILLE, Iowa -- A New Vienna woman and a 2-year-old were injured in a rollover accident near Dyersville Monday. Brittany Jo Blake, 20, and Liberty A. ...

Deputies investigating rollover accident near Dakota City
SiouxCityJournal.com, Sioux City Iowa News and Advertising. Login | Register ... Deputies investigating rollover accident near Dakota City ...

SLICK ROADS CAUSE ROLLOVER ACCIDENTS IN AUDUBON COUNTY - 96.5 KSOM ...
Southwest Iowa's Home for All The Best Country is 96.5 KSOM! ... (AUDUBON) Slick roads caused two rollover accidents in Audubon County this morning. ...

Woman, toddler hurt in rollover accident
A New Vienna woman and a 2-year-old were injured in a rollover accident near ... where they were treated and released, according to the Iowa State Patrol. ...

UNION COUNTY MAN SERIOUSLY INJURED IN ROLLOVER ACCIDENT - 96.5 ...
(Winterset) A Creston man was injured in a rollover accident Saturday evening in Madison County. The Iowa State Patrol says the accident happened at around ...
www.965ksom.com/page.php?page_id=62585&article...

Two hurt in rollover crash near Central City | TheGazette
UPDATE: Two people were hurt in a rollover accident Monday evening near Central City, authorities said. Boyd Sickles, 43, of Urbana, was driving east on.
thegazette.com/.../two-hurt-in-rollover-crash-near-central-city/

Cedar Rapids chase and rollover crash | KCRG-TV9 | Cedar Rapids ...
Cedar Rapids chase and rollover crash ... Police Chase Ends In SUV Crash, Drugs Found in Stolen Vehicle ... Cedar Rapids, IA ». : popular searches below ...
www.kcrg.com/home/related/116919608.html

Three treated, released after accident
Mason City Globe Gazette
... to a hospital after a single-vehicle rollover accident on Interstate 35 near the ... Center-North Iowa, Mason City, according to the Iowa State Patrol. ...

Car and Tractor Trailer Accidents Blog | Roll-Over Accidents May ...
SUV, truck and car rollover accidents in Iowa are common because many vehicles go fast and have a high center of gravity. They call it the CG, ...
www.lombardilaw.com/.../rollover-accidents-may-allow-a-pass...

ROLLOVER ACCIDENT LEADS TO SEVERAL CHARGES FOR THURMAN - 96.5 KSOM ...
The Southwest Iowa Home, Garden and Business Expo is back April 8th and 9th. ... office responded to a single vehicle rollover accident late Friday night. ...
www.965ksom.com/page.php?page_id=62585&article...

Two survive afternoon rollover (photos, video)
SiouxCityJournal.com, Sioux City Iowa News and Advertising. Login | Register ... Rollover accident on Stone Park Boulevard Feb. 24, 2011. ...
siouxcityjournal.com/.../article_2120ce68-405b-11e0-a4a7-00...

UPDATE: Father, daughter hurt in rollover near Central City ...
Eastern Iowa News Now. Skip to content ... Urbana man and his daughter were hurt in a rollover accident Monday evening near Central City, authorities said. ...
www.easterniowanewsnow.com/.../update-father-daughter-hur...