Injuryboard Commentary - Iowa

Osceola Passenger's Claims Come By Way of Driver Distractions

Steve Lombardi — Sat, 05 Dec 2009 20:24:36 GMT

A one-vehicle rollover accident was reported to have been caused when the driver “missed a curve, crossed the center line and rolled in the ditch along G76 Highway west of 60yh Avenue.” I’m not sure I’d agree with the description, but I get the gist of what they are trying to say. Really you can't "miss a curve" unless of course you've fallen asleep or passed out. What driver's do is fail to negotiate the curve. So is that what happened? You be the judge. Here is the report.

Both the driver and the passenger, Elizabeth Anne Hanscom, 23 from Osceola was seriously injured and taken to Iowa Methodist Medical Center. Is it enough that the driver says he missed the curve? Not likely, he’s probably still negligent or at fault for failing to drive at a reasonable and proper speed, failing to drive using due care and failing to drive while keeping a proper lookout.

That’s enough for today, but come back tomorrow to read The Verdict blog/blawg at Lombardi Law Firm where we will discuss other car-truck-semi-motorcycle accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later. (515-222-1110 or 1-800-383-0331 or sdlombardi@aol.com)

Originally posted at InjuryBoard by Steve Lombardi

Lucky to be alive, train vs semi-truck

Steve Lombardi — Sat, 05 Dec 2009 09:01:05 GMT

A truck driver turned too tightly causing the wheels to get stuck in a culvert. Unfortunately, the truck ended up on the railroad tracks right in front of an oncoming train. The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.

In the train profession they are known as “near misses”.

http://www.youtube.com/watch?v=sc7XmX1ak2A

CRST is an Iowa company that hauls steel or so says its name. Here is a not-so-near-miss where one of their trucks gets clobbered by an oncoming train.

http://www.youtube.com/watch?v=MBcHr_hhDU8

Originally posted at InjuryBoard by Steve Lombardi

Parents Who Discipline Teens, Would Probably Make Good Lawyers

Steve Lombardi — Fri, 04 Dec 2009 12:01:00 GMT

How do lawyers know when you’re following too close?

Parents with teenagers often times have to ask a lot of questions to get to the bottom of "what went on"? Most parents learn the ropes by experience and common sense. The same goes for trial lawyers, judges and juries.

So how do lawyers know when the witness who was a driver in a crash was following too close? In this case someone was, or else, did someone cut the rear driver off? You be the judge.

Probably 90% of rear end collisions occur because of speed, inattention by the driver and following too close to the forward car or truck. Take a look at this accident resulting in a three-vehicle crash on I-380 in Iowa. This one took place on November 13, 2009.

In this accident we have Randy Thomas following Trudi Pillard who was following Josef Flanter. Poor Mr. Flanter, it seems his only role is he was paying attention and in the wrong place at the wrong time. They are all driving on Interstate 380 near Cedar Rapids, Iowa. They were all heading towards Cedar Rapids, as the officer has them heading northbound. The police report by Trooper J. Meggers from Post 11 notes the collision location is mile marker 30 in Linn County. Read what Trooper Meggers says about the sequence of the collisions between these three cars and ask yourself what you think happened that lead up to the collisions. While the officers description is brief there are nuggets from which you can draw several conclusion.

“REVISED REPORT - ALL 3 VEHS WERE NB ON 380 WHEN VEH 3 SLOWED FOR TRAFFIC AND WAS REAR ENDED BY VEH 2, THEN VEH 1 REAR ENDED VEH 2 INVEST PENDING.”

Here is who was involved in the collision and the corresponding numbers the officer assigned to each. You may need to re-read the trooper's description to get a handle on the sequence corresponding to the drivers named in the report.

Car 1: Randy Thomas driving a 1993 Chevrolet Blazer – he’s 47 and driving the car behind the other two.

Car 2: Trudi Pillard is driving a 2007 Chevy ADS – she’s 46 and driving the middle car.

Car 3: And Josef Flanter is driving is driving a Chevy Tahoe – he’s 65 and he’s driving the lead car.

For those of you who don’t know I-380 is a four-lane divided highway with an interstate speed limit. Like your state's divided highways cars are flying faster than the posted speed limit, driving too close to the car in front for comfort and all in a hurry to get someplace sooner rather than later. Some drivers are on cell phones, others eating a soon-to-be not so happy meal, drinking and some are even texting. They change lanes without using a turn signal; they cut drivers off and cut in front of drivers who do leave enough room between the car in front of their car-truck-semi or motorcycle, causing two cars that did have enough room between them to now be following too close. All of these distracted drivers are in some way responsible for precipitating road rage.

Back to the facts. I’m also interested in the sequence of the two or three collisions. The officer describes car 2 crashing first into the rear of 3, followed by car 1 crashing into car 2. Car 3 slowed for a car ahead of him; so you know that the driver of car 2 was in all likelihood driving too fast, following too close and perhaps not paying enough attention to what was going on in front of his car.

As you can see this is an interesting case for us to discuss because there may be two at-fault drivers and that fact alone should raise questions in your mind about what they were doing just prior to the collision. Generally speaking the driver of vehicle 2 struck vehicle 3 and then by the officer’s description vehicle 1 ran into the back of vehicle 2. We don't know if vehicle 3 suffered two collisions; meaning when 1 ran into 2 did 1 then strike 3 again? Remember the officer didn’t see the accident he pieces together his report from what people at the accident scene tell him and from what the physical evidence (mostly the car damage) looks like to him.

So we can’t just take his description as the Gospel truth; we need to make sure that the trooper’s description matches the physical evidence and what the drivers and witnesses say happened. Which brings up a good point; I wasn’t there either so I make no conclusions about exactly what did actually occurr. Lawyers are never there and if they are they aren't going to be a lawyer in the case; they instead will be a witness. But as a lawyer who for 30 years has dealt with car accidents, I’ve become accustomed to reading accident reports and getting hunches about what probably caused the collision. From there I frame my questions.

Also, don't forget I'm a parent. And as a parent who has listened to four kids tell me their teenage version of what happened, I’ve gotten better at asking questions to ferret out the truth. My kids will tell you I'd often say, "That's an interesting answer but how about if now you answer my question."

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

So what do you think happened? Think first, read second and third begin to verbalize what you believe is the sequence of events. Being able to verbalize your thoughts is an important part of trial work.

Assuming the officer’s description to be accurate, why do you think Trudi Pillard ran into the rear of Josef Flanter? And then ask yourself why Randy Thomas crashed into Trudi’s car. What keeps cars from colliding on the highway? And what causes cars to crash at highway speeds?

Here’s what I think and the reasons are as plain as the nose on your face; you and I see this every day. Either car 2 cut in between cars 1 and 3 or else both 1 and 2 were following too closely for the highway speeds. That means they were driving too fast for the distances they left between the front of their car and the rear of the car in front of theirs.

LEGALLY SPEAKING

As lawyers, jurors and judges the main issue to determine is fault. Who is at fault is what you the jury need to determine. Most people want to answer a different question that has nothing to do with making driver’s responsible drivers. “What is at fault?” This is a misleading question allowing the issues of responsibility to be skirted and does nothing to promote safe driving habits. Let me explain. It's not about what is at fault, it's about who is at fault.

As a client you need to think like the lawyer’s do or at least understand how we think to anticipate where the legal theories will lead your case.

So as a lawyer, my first series of questions center on whether car 2 cut into the space between 1 and 3.

Series 2 of questions work on a better understanding of how fast each car was driving.

Series 3 questions wants to know more about how long cars 1 and 2 had been traveling behind the involved cars.

Series 4 goes to what distractions, if any, were occurring in each car, with the exception of poor Mr. Flanter.

Remember the case is going to focus on did number 2 change lanes inappropriately, what were their speeds, were they following too close and distracted drivers. Distracted drivers cause accidents. Inconsiderate and aggressive drivers cause serious and deadly accidents. Inexperienced drivers do as well.

To be a good witness, client, trial lawyer, judge or juror you need to think like a parent quizzing your teenager about a car accident they were involved in. Most every teenager wants to blame it on something other than what they did or didn’t do. The weather, an unidentified car or driver, the road conditions, the sun or some inanimate object that wasn't driving their car. As parents we know this and our parental mindset has to be aware of this point of view when talking to them about fault. So with a jaundiced eye about the explanation they give, as a parent, you’re required to probe further than their first explanation. To know where to go with questions we rely on common sense and life experiences of what probably happened. In other words we have to draw a probably conclusion to know what questions to ask.

So when they say it was the car in front, common sense makes us question their speed, proper distances for speeds travelled and driver distractions.

Besides the drivers in this collision we also have several passengers who were injured and each has potential claims against all three drivers. There are four people noted on the report as having been injured, they include: Jennifer Willis, Maison Willis, Ruby Willis and the driver Trudi Pillard.

http://www.youtube.com/watch?v=IEOseanUuT4

Originally posted at InjuryBoard by Steve Lombardi

Two die in 2-Vehicle Accident on Iowa County Road- A Failed Stop

Steve Lombardi — Fri, 04 Dec 2009 12:01:00 GMT

Friday June 19^th, around 5 in the morning, a two car collision was caused by the driver that ran the stop sign. As a result two men were killed; according to the Des Moines Register.

Harlan Derr, age 58, was driving to Winnebago Industries in Forest City where he had worked for 25 years. Koh Tsuruta age 19 was driving a 1998 Toyota Camry with passengers, Tyler Brighton, 19, and Alexander Mosby, all from Lake Mills. Bart Winter, owner of Middlestadt Funeral Home in Lake Mills, and knew the boys said they “were headed to Clear Lake to fish when the crash occurred.”

It's reported that Tsuruta was heading southbound on R74 when he failed to stop at the intersection of County Roads B14 and R74 in northeast Hancock County. Westbound on B14, Harlan Derr was broadsided in his 2007 Chevrolet Cobalt. Derr and Brighton were killed at the scene. Tsuruta and Mosby were transported to hospitals with injuries. Iowa State Patrol said both drivers were wearing seat belts.

So I have one question, what was the driver's distraction?

http://www.youtube.com/watch?v=fawYSt0i96E

Originally posted at InjuryBoard by Steve Lombardi

Crashing Head-on Into a Deputy Sheriff, Not the Best Day You've Had

Steve Lombardi — Thu, 03 Dec 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9^th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23^rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.

http://www.youtube.com/watch?v=ecjB1D2l4yY

Originally posted at InjuryBoard by Steve Lombardi

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

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

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

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

Originally posted at InjuryBoard by Steve Lombardi

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

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

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

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

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

Tennessee Ernie Ford

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

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

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

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

Originally posted at InjuryBoard by Steve Lombardi

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

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

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

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

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

Steve Lombardi

515-222-1110

sdlombardi@aol.com

Lombardi Law Firm

Originally posted at InjuryBoard by Steve Lombardi

Police Chase on I-35 in Iowa

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

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

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

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

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

The debate goes on.

Originally posted at InjuryBoard by Steve Lombardi

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Steve Lombardi — Thu, 26 Nov 2009 10:33:13 GMT

David Cato, 19 who plays defensive back for the Iowa Hawkeyes and Ter’ran Denton, (sic) 19 a defensive back from the Iowa State Cyclones were driving on I-35 south of Purcell at 10:00 a.m. on a Sunday when the car they were in rolled after coming in contact with a semi-truck. According to the news report the trooper has the 18-wheeler being nudged before rolling and striking the embankment on the west side of the Interstate Highway.

Both Cato and Denton were wearing seatbelts. Both required medical care and treatment. It appears the most seriously injured was Denton, the Iowa State Cyclone, who was transported to the Norman Regional Hospital for a head injury. There is no indication if he suffered from traumatic brain injury or how serious and extensive his head injury.

David Cato is listed on the Iowa Hawkeye Football team roster as a sophomore defensive back from Arlington, Texas. He is listed as second on the depth chart behind Sash.

David Cato

So.

5-11/205

Arlington, TX (Summit)

Ter’ran Benton is listed on the Cyclones roster as also from Arlington, Texas and a defensive back in his sophomore year. The roster has his last name as Benton not Denton.

Benton, Ter'ran

6-0

197

So.

Arlington, Texas (Summit)

Read Lombardi on The Verdict.

Hawkeye Cato and Cyclone Benton involved in I-35 Collision in Texas...
Posted on 11/26/2009

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Originally posted at InjuryBoard by Steve Lombardi