Steve Lombardi was born and raised in New England and in 1975 moved to the Midwest to obtain his undergraduate degree from the University of Iowa. In 1981, he graduated from Drake University Law School. During law school he worked as a private investigator in a five state region of...
Question: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?
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, ...
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)
Question: How do I recover my losses after being hit by a drunk driver? My car was hit by a drunk driver traveling down the freeway in the wrong direction without her lights on at 11:30 at night. The driver’s insurance company rated my 15 month old car as a total loss. However, the settlement they are offering is about $1500 short to pay my leasing company. In addition, the opportunity to lease the same car at the previous payment is no longer available, so my payments will be going up about $75.00/month. How can I recover the balance of the money owed and make up the difference in my least costs (at least for the 21 months remaining on my original lease)? This has certainly made my life miserable. Thankfully, no one in my car was seriously injured!
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.
Question: Am I only entitled to the fair market value of my car after a car accident? I was rear-ended and my car was totaled. Am I only entitled to fair market value for my car ($1300) even though I cannot replace the car for that amount?
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.
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.
According to a story in the Waterloo Courier and one in the Mason City Globe Gazette a lawsuit has been filed by a Wisconsin couple following a pileup on Interstate 35 on January 25, 2010. A look at the photographs sort of say it all and begs the question the jury will certainly be asking – What were any of you doing driving during that storm? That's the elephant in the room that no will want to discuss but everyone will be looking to explain.
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 110th 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.
Today’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.
Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.
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 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.
The estate of a teen who died after walking in front of freeway traffic will be paid $400,000 by the State of Iowa. The teen had been in a State of Iowa vehicle being driven by a social worker. According to the news report the teen was being driven to a youth shelter, threatened suicide, prompting the social worker to pull over on I-380. He then exited the car, walked into traffic and the cause was later ruled a suicide.
These are tough cases. I'd like to read that brief.
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.
My office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa. The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.
We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.
These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.
Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it'snot 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.
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.
The two tow truck drivers who were killed making a tow on I-80 demonstrates the peculiar risks of an emergency call on the interstate. All that remains to be answered is knowing whether the truck driver was distracted by some digital electronic text laptop Facebook page. To the widows I’d say get in there quickly and hire an attorney to protect your interests because the insurance company for that trucking company won’t’ be on your side. They will be friendly, but don’t ever think they are your friend.
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.
This story is about job creationg and how to create your own job by being a MoJo. A MoJo is a mobile journalist. In this instance the MoJo is one who covers the Cedar Rapids area of Iowa. The Internet has redefined most everything so why not journalism too? A MoJo can take photos, write stories and then sell content via a web links etc. This MoJo journalist is Jeff Raasch from SourceMedia Group News. That’s a great idea Jeff – I like that, a MoJo.
I’d suggest Jeff carry workers’ compensation insurance and higher limits of auto coverages including uninsured and underinsured motorist coverage. Also consider a libel policy.
Taking this one step further this could be a money maker for students in college or at one of our state Universities. Give it some thought; you never know where it could lead.
The answer isn’t as simple as one may hope it would be; sometimes it's yes and sometimes no. It depends on several factors one of which is whether or not you were covered under workers’ compensation at the time of the injury and whether the accident occured within the scope of your employment. Also if not covered under workers’ compensation then do you have a short term disability policy that covers you? If neither of these apply then probably not unless the insurance company providing liability coverage sees some benefit in doing so. But don’t hold your breath waiting for insurance companies to pay because that would require some adjuster to grow a heart; an event not likely to occur before you starve to death. So cut down on your bills, get the spouse out of the house to work and plan ahead, because it's going to get a lot harder before the lawyer can settle your case.
This week I’ve been featuring Lacrimosa, a musical duo – he’s German and she’s Finnish – based in Switzerland. Today’s video is My Last Goodbye, with their interesting imagery. As I said to Katrina, this is my new favorite group. Between the two of us I change more often than she does. Neuschwenstein Castle is at 2:59 on the video. We've visited the castle in Germany, it's what Disney's castle is modeled after and really worth the visit. Iowans would be surprised at how similar Germany and Iowa are.
Who determines medical tests are “frivolous”? The one suffered the injury or the guy sitting behind a computer screen who gets a bonus if the company saves money?
TODAY'S Q: After a car crash is a CT or MRI for a working stiff frivolous?
Today’s blog is about a sad case waiting for an answer to the question, what was the cause of death. So before we get into today’s blog here is a video clip and song (Letters From The Sky) from the forensic show Bones. You can listen to it while you read.
Iowa has had it's third wrong-way interstate driver in the past two or three years. This one may be from inexperience or it could be from alcohol or a cell phone distraction; the report isn't clear in that respect and may never be. I've been covering wrong-way accidents on a nationwide basis for a couple of years now. Maybe it's more of a matter of self-preservation and the safety of my family that has me covering 'ghost-drivers', but I do. Here are the conclusions I've drawn from reviewing literally hundreds if not more than 1,000 news reports about the causes and effects.
If you think wrong-way drivers on our interstate highway system is a once-in-a-while thing, think again. It seems to me like there is an epidemic of wrong-way events and crashes out there. I post the news alerts for wrong-way news stories and there are always 10 or more every week. Here in Iowa we've had several wrong-way drivers and accidents; of course wrong-way accidents are what gets reported.
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
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.
This is one of three blogs I write for and this past weekend was very busy. One attorney I coordinate blogging with is from Texas. The more blogging you do the more you find yourself talking to people from different states. I like people so I tend to take most of those telephone calls. More and more I work for clients to place them with attorneys from different states. Brooks, the Texas lawyer, and I have jawed about doing this for several years now and so this past month we started this process of helping clients all along Interstate 35 from Texas to Minnesota. If you have an auto-truck-semi-truck-motorcycle-suv or any other type of crash on i35 contact us and we’ll do the best we can to help you either directly or indirectly through a referral. Today let's talk about the weather in Iowa.
The weather this past January weekend was cold and very windy. The heater was blowing nonstop and barely keeping up. Getting the newspaper this morning required a coat and hat. Trust me when I say there was no dilly dallying along the way. There is going to be a lot to talk about along the way but today I'm just doing a short intro to the I-35 theme. I can't promise to blog about it all the time; I'd get stale, but once in awhile when there is something really interesting I will write about it.
In the January 11, 2011 Des Moines Register there’s an article discussing the risk of colliding with deer in Iowa and where we rank in terms of the risk of such a collision in other states. We rank pretty high; 2nd by what’s said in the article. I’ve been reading accident reports now pretty steady for several years, 30 to be exact, and over the past 5 years I’ve noticed a higher percentage of deer-car-truck-motorcycle collisions. The timing of the article is interesting, because just last night I called my wife to the window in our home office where I write this blog to see the herd of deer in our backyard. I like seeing the deer because it’s a signal that we haven’t completely screwed up the environment. Todd Miler, the lawyer I share office space with hit a deer several weeks ago. His Dodge truck first hit the deer and then he ran it over. He described the truck being raised off the ground as if he were going over a large mound of dirt. Because his truck is raised up the collision did little damage to the front.
These are photographs I took on January 10, 2010 showing several of the deer I can see from the window of my home. This herd had 8 to 10 in it; mostly young around 2 to 4 years old. Here in my yard they are a wonder to watch, but out on the highway they are a growing problem.
A few years ago I heard about this kind of an accident, but have no knowledge of such it occurring in Iowa; till now. In the December 31, 2010 Des Moines Register tells a story of it ice falling from the top of a semi-trailer on Interstate 80 and a female passenger being injured. This one occurred in Colfax, Iowa on Interstate 80, Jasper County. The people in the car are from Pekin, Illinois. Apparently a thick sheet of ice came off the truck’s trailer, slid down into the windshield of the oncoming car and struck Linda Mickley seated in the front passenger seat. She was taken to the Iowa Methodist Medical Center in Des Moines. There is no indication as to the exact details.
Take a look at the photograph of this guy’s windshield and his facial injuries from a previous incident. The story from Chicago-land is similar. Oh my! Here is a quote from the WGN Chicago Tribune news story.
No laws in Illinois require motorists to clean snow or ice off their trucks or cars. But Debbie Morano said trucking companies should enact new rules that require drivers to clean the tops of their trucks before hitting the roads.
Today we are covering several more wrong-way collisions, drivers, events and incidents on our nation's interstate highways. I've been following these for several years hoping to make people more aware of how they occur and more importantly how to avoid being a wrong-way driver. If you get clobbered by one it's likely you will be seriously injured or even killed. So knowing how to avoid them is equally important. I post more of these than I really would like to be writing about, but it is what it is so here are more news stories telling us all about wrong-way drivers across the United States. At the end in the footer I’ll list my suggestions on how to avoid wrong-way drivers and how to avoid being a wrong-way driver. Enough said; if you’re injured by one give me a call and we can talk about your legal rights. Onward we march...
Cedar Rapids Iowa has found a different way to cash in on law breakers; traffic cameras catching people being people have raked in $2.6 million in fines during 2010 just in tickets for red lights and speeding infractions. It cost just over $1 million to operate the cameras. That’s one heck of an investment return. Bernie Madoff would be proud of Cedar Rapids City Fathers. But is this how we want to live? Do traffic cameras really add to the quality of our life in Iowa? Do we want to live in a Communist styled state of paranoia? This is a slippery slope and one that leads to corruption of thought.
Perhaps we should have a contest to see how many ways we Iowans can come up with, to dehumanize our cities and towns.
How about sidewalk cameras for those that don’t shovel their sidewalks?
Or we could pay people a bounty to snitch on their neighbors. That would be a real communist community builder.
And let’s not forget spitting. If we pass a spitting ordinance we could make a bundle with camers where people do a lot of spitting.
Ugly tattoos or tattoos with little or no taste. If we commission tattoo police we could increase revenues for the road construction companies and others that pay so much in campaign contributions to politicians who then need to pay them back with spending from the public till.
Fashion police! Oh that would be great and we could air it on YouTube or one of Iowa’s TV stations and have wagers as to who is dressed the worse; sort of like dancing with the stars. The Iowa State Fair would take on a whole new meaning.
And how about selling corporate naming rights for the prisons? We'll need more prisons so perhaps Kinnick Stadium could used as a prisoner exercise yard.
Hey all you young minds, send in your suggestions and I’ll print them. If we are going to act like a communist country we might as well do it right.
Hickory County, Missouri – I ran across this little noticed news story about an accident in Missouri where one Iowa resident was killed and another person injured. The person that died was only 45-years-old, the driver 49. According to the report the driver said the steering on his car failed, causing him to lose control. The car went off the pavement, into a tree and then turned over. The passenger was the person that died. She was Judy Shaw and she was wearing her seat belt. On this blog I don’t normally mention names, but in this instance I will hoping to catch the attention of her friends and relatives, because there is a reason having to do with a potential claim and how they must preserve the car in order to be able to have the case evaluated. Preservation of evidence is something I've written about previously. So listen, please.
The point goes back to systematic destruction of evidence and what you need to do to protect your legal interests. Face it, your insurance company isn't really your good neighbor and you're not in good hands with most. And I don't care how many awards JD Power & Associates handed you because when it comes down to the insured's legal interests you all get an "F". The insurance industry sees nothing to be gained by helping you with a potential personal injury or death claim. So... if the car is defective it's up to you to preserve it. Read the post titled Systematic Destruction of Evidence from November 24, 2010.
The family of a fifth grader was awarded $67,000 in restitution from a former Iowa City guidance counselor who is reported to have been convicted of sexual abuse of the boy. See
The cause of 24 of 30 roof rafters collapsing is said to have been by wind forces. The roof itself collapsed under heavy snow nine months ago. I have to wonder who the design engineering firm is and whether they were disciplined by the state licensing board. Doctors and lawyers disciplinary reports are made public; engineering reports should likewise be made public.
To put this case in perspective I need ask only one question. Can road conditions, including snow and ice, really cause a car accident?
A few years ago I blogged about Iowa news reports blaming Old Man Winter for causing accidents; which by-the-way on behalf of my client we emphatically deny he can cause an accident!
Back in the day I thought we’d won this case, but apparently not, because once again my client is being libeled. Today I’m here, again to defend OMW. Let us say, we categorically deny the charges and on his behalf I say, “He didn’t do it! He's not the perp!” Lately, every news source seems to be taking cheap shots at my client while needlessly blaming him for every accident that occurs. You wouldn’t do that if he were a woman, now would you? It’s totally outrageous. I’m seeing multiple articles in the Des Moines Register and on KCCI News Center 8 blaming OMW for causing car and truck accidents. Semi’s on the interstate running pelmel into cars, ladies spinning out on the state highways and men crashing on streets and avenues within the city limits. Teens ending up rolling over and in dozens of fender benders: all blamed on OMW. It’s slanderous, libelous, calumnious and downright defamatory; and on behalf of OMW I demand a retraction!
In this post I want to point out the systematic destruction of evidence by insurance companies.
At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.
In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.
The Cedar Rapids police are reported to have issued an arrest warrant charging the driver of a pickup truck with failing to yield and causing a crash that killed a female bicyclist last summer. They also charged him with driving without insurance, but the true crime isn’t with the uninsured drivers on the road, the real crime is with the legislature that allows people to drive with as little as $20,000 in coverage to cover the financial consequences of their actions while driving a ton of metal on the public highways at breakneck speeds. Think about it, this driver would be considered “financially responsible” had he had as little insurance coverage as $20,000. With it costing $15,000 just to bury someone how can this minimum coverage be considered responsible?
Normally I stay away from what can be considered boastful statements, but in this instance I'll break that rule. I’ve read more wrong-way accident news reports than anybody in the United States, maybe the world. I’ve studied them for over three years. Over the next week I'll post a compendium of wrong-way accidents for an extended period of time. In Germany these accidents are referred to as Ghost riders. Let's define what we mean by wrong-way drivers. A wrong-way driver is one driving the wrong way on the interstate or any divided highway and it includes the on and off ramps. An example would be a northbound driver in the southbound lanes of travel. As you can well imagine the consequences of a head-on crash between two vehicles running at 70 mph is deadly. I'm going to dig up my old posts and repost them this week so you can have the benefit of proof. Here are my findings.
Here is what I’ve compiled about the causes, what to do when you encounter a wrong-way driver on the Interstate highways in America, how possibly to avoid wrong-way driver situations and how to prevent them from occurring.
What are the causes of wrong-way drivers, aka “ghost riders”?
Alcohol or drug related driver confusion.
Old age and confusion.
Mental defect or disease.
Purposeful acts including attempts to commit suicide and criminals attempting to elude law enforcement officers.
Inexperience.
Signage confusion and road design. Broad medians can cause sight confusion with situational awareness.
GPS providing incorrect, inaccurate or confusing information.
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.
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.
The headline reads, Illinois Road Construction Worker Backed Over and Killed on U.S. 24 in Schuyler County. I've seen this enough times in the past 5 years that anymore it's not even a surprise. I half expect it.
I’ve written about workers, construction workers, interstate highway construction workers and pedestrians all getting run over by a truck on the jobs site that is backing up. If you’d like to see what’s been previously written follow this link or just check out some of the titles added at the bottom of this post.
Today’s construction site is a highway job site in Rushville, Illinois. The actual roadway where the workers died was U.S. 24 in Schuyler County. The worker was a 53-year-old man named James Brink, the asphalt foreman with Brink Construction. It’s reported by the Hannibal-Courier-Post that the truck that backed into him was a Schuyler County dump truck. It appears from the news article Mr. Brink was knocked to the pavement and was then run over by the rear duals.
The speed camera is in the northbound lane at the J Avenue Interchange. You’ve all been warned. MapQuest View of “I 380 N & J Ave NE, Cedar Rapids, IA 52402” Is there a reason why having Big Brother watching our every move feels more and more like the Soviet Union we were described in the 1950's, 60's and 70's?
Today in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”
If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?
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.
Texting while driving is like driving while drunk and sooner or later we will have to pass a law requiring people to just think.
It applies to adults and to teen drivers so get the message. Reading, writing and sending text messages while driving a car, a truck, a motorcycle or any other motorized vehicle is now banned under Iowa law. If an officer determines the violation of this law led to an accident the fines are stepped up.
But how will we know if the officer doesn’t confiscate the driver’s phone?
Four people riding in a horse-drawn buggy were injured when a car struck it from the rear. The collision location is west of Kalona in southeast Iowa on Iowa’s Highway 22. The horse buggy operator was a 29-year-old and the car a 21-year-old from the area. The buggy had two passengers who were taken to the university hospital in Iowa City. I wonder if the buggy was displaying the slow moving vehicle symbol or if the young driver of the car understood what that meant? I ask that question because apparently many people don’t recognize it and what it’s supposed to symbolize to oncoming traffic. In an attempt to educate the driving public in Pennsylvania Farm Bureau publishes a brochure in Pennsylvania displaying the SMV symbols. Rural Roads Safety brochure you can find on our site by following the linked text.
The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.
They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?
Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.
Think this is the first time horses have stampeded the crowd at a parade?