Iowa Edict - Commentary on Injury & Accident Law

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?

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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. 

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Radio Iowa reported “Auger accident claims the life of Dubuque County farmer” on September 29, 2011, Janelle Tucker, KMCH, Manchester. They don’t say exactly how the accidental entanglement occurred and I’d be interested to know more about it. Shields have taken a front row with grain auger safety. From what we used to see in the early 80’s it’s both a welcomed relief and makes this accident sort of surprising. There were two ways that farmers used to get caught. Actually there are more than two pinch-points but these two used to be the main points of contention.

1. Uncovered gathering points where the auger was exposed and grain was dropped out of the gravity boxes and into a put or container box.
2. The underside where the turning shaft would catch loose clothing, pulling farmers into the turning shaft and between the main auger tube.

These tools of the farming trade are as unforgiving as a woman scorned. 

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You could also ask what’s a faraday cage? This is really an interesting video.

High Power Electrical Line Maintenance Worker or their Instructor – On a magic carpet. Remember this because you'll need to know about the Faraday Cage later today.

Here is a news item from Cloquet, Minnesota that I found of interest. It involves an I-35 overpass accident that appears due in part to poor snow  maintenance. The way the accident happened should be a concern to state highway department snow clearing crews and the public in general. Snow that accumulated on an overpass appears to have created a ramp of sorts, that allowed a skidding car to be ramped up and over the side rail and onto the interstate highway below. The smashed up car created a bit of a conundrum for the police. When they arrived, the police found the car upside down with the roof crushed and pointing in the wrong direction on I-35. There were no skid marks and no other cars involved. The officer needed to walk up the incline to the overpass before he could figure out how the car got in the north bound lane.

Woman whose car fell off Cloquet bridge 'lucky to have survived'
Duluth News Tribune - The car landed where northbound I-35 and Minnesota Highway 33 merge. “The best we could tell is that it landed on its roof,” Vereecken said. ... See all stories on this topic »

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TV-9, KCRG reporter Jami Brinton has a very interesting news report about the death of the worker who fell and died while refitting windows last month. The worker, Thomas Fosdick, fell 40-feet while working on the exterior of the Boyd Law Building. The co-worker, Mikel O’Haver describes Fosdick losing his balance and causing the ladder to teeter. O’Haver indicates feeling uneasy about Fosdick not being tied off with a fall-arrest safety harness.

Notice the safety equipment is named “fall-arrest” or “fall-protection”, not fall prevention. That’s  because falls are inevitable with working at heights. The idea is to limit the falls and to arrest the worker who does fall.

Read reporter Brinton’s article, here is a quote from the investigative report.

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This morning is Monday Morning Roundup of the personal injury news from around the State of Iowa. Let us see how Iowans are getting seriously injured or killed.

Gay Non-News - Bob Vander Plaats continues to distract voters with his efforts to get attention by blaming the Iowa Supreme Court for God’s work in making people gay. Now he’s saying the Iowa Supreme Court should have sent the issue to the Iowa Legislature rather than decide the controversy before them. Bob, Bob, Bob this isn’t all that difficult an issue. The Iowa Legislature passes laws and the Courts decide controversy’s interpreting or applying those laws. It’s basic civics 101 from high school. You did go to high school didn’t you? Next he’ll be advocating gay counseling to un-gay them.  I’m beginning to wonder why Bob is so interested in this subject.

Spencer, Iowa – The debate between Agriculture Secretary, Bill Northey and his challenger Francis Thicke involved a lengthy discussion about the egg recall, how it has affected Iowa’s reputation and how to change state regulations to protect consumers.

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

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

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An Iowa worker died at Eaton's shop in Belmond. Death in the workplace is never a good thing, but we need not condemned the employer; they simply need to heed this call to action. Here is the news story.

Eaton Corporation was fined because of the death of a worker at the Belmond Plant on February 17, 2010. Doug Barkema, age 51 died from injuries caused by a grinder. IOSH or OSHA settled with EATON on a $4,500 fine for failing to furnish a place of employment free from recognized hazards that were likely to cause death or serious injury and employees were exposed to flying debris.

The focus of the investigation centered on a torque wrench not being available for tightening bolts on the grinder wheel. I’m not sure of exactly how to explain this mechanical problem; the news article from Channel 3’s KIMT is good, but I’m finding it difficult this morning to fully understand Dave Hansen’s article. Follow this link to read Dave’s article.

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That's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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Today’s post under the getting ripped off section is a positive news story. It’s one that exemplifies the true American spirit. It’s about a can-do America that runs on honesty, hard work and roll-up-your-sleeves community values. It’s not about what government can do for me or who gives me the next benefit check or me-me-me being the center of attention.

This story comes out of Detroit. Detroit has been hit hard by the economic recession. The city’s tax revenues have plummeted and the services the city can offer its citizens has headed south alongside those falling revenues. Lucky for Detroit it has retired citizens who without being paid volunteer to assist in maintaining the city. People like Howard King, Jr. (60), Paul Cobb (27) and William Martin (56) are mentioned as three of the volunteer citizens who are rolling up their sleeves and doing something about the work that needs to be done to maintain their communities while recognizing not every good deed requires a paycheck. Community service is something we all need to participate in.

Some of you, who can’t mow grass, cut weeds or afford to fix city parks may wonder how you too can help.

Here is my low-budget list of ways to assist these volunteer citizens that won’t cost you a whole lot. I wondered if I could come up with 50 suggestions and I did.

1. Donate trash bags.

2. Purchase 5 gallons of gas for one of the volunteer citizens.

3. Donate a gas can.

4. Donate ear muffs for ear protection.

5. Arrange for a lawn mower blade sharpening.

6. Arrange for new spark plugs and a tune-up.

7. Arrange for an oil change.

8. Donate ball caps.

9. Donate sun screen.

10. Donate safety goggles.

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