Do I have any legal recourse after an auto accident if I was not seriously injured?

Gladiators.jpgQuestion: 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?

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Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Bridge.jpgQuestion: 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)

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Can an employer be sued if ...

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.

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Trailer Comes Loose from Semi and Strike's Vehicle Head-on - Who is to blame?

Trailer Hitch Diagram.jpgHancock 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.

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What are risks today, that will kill workers while on the job tomorrow?

augers.JPGTo 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

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Whose insurance is responsible in a rollover accident?

Oliver Twist -Cruikshank_-_Fagin_in_the_condemned_Cell_(Oliver_Twist).pngFor 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. 

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Question: How is negligence determined in personal injury cases?

Domenico-Fetti_Archimedes_1620 Wiki.jpgQuestion: 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 Cow Jumped Over The Moon

cow.jpgMy 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'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.

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ATV Accidents, Brain Damage, Broken Legs and Death

Keith Urband IaState Fair 1 crop nd bw.jpgWe’ve previously covered ATV accidents, ATV accidental death and ATV accidental injuries in Iowa. Follow this link to read articles on the Lombardi Law Firm website. You may also go to our site and do a search in the search box. Just enter the search term ‘ATV’ and it will list the articles.

Parents can do what they want (Like motorcycle riders saying they have a Constitutional right to ride without a helmet.) and allow their children to ride ATV’s without any supervision. As the parent that’s your choice but when your child is seriously injured or killed don’t come back to my office complaining because society isn’t picking up the tab or the ATV manufacture’s should have known and sold a safer adult toy. If you have a legitimate case I'm all ears, but when you're the owner of the ATV and it's your kid who isn't being supervised, I've got issues with your case. These are dangerous vehicles and everyone is on notice of just how dangerous they are in the hands of a kid. Don’t get me wrong, we represent injured kids and their parents when passengers are injured by inexperienced youthful drivers. We do and we do well in that regard, but I have little time for whining when it comes to the owners allowing their children to ride with passengers who are killed or seriously injured from horsing around on an ATV. If your child is riding you should be there watching and supervising. We all know what it’s like to be a child; after all we were all children.

Passenger or guest driver cases are a better case to handle.

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Another ATV Related Death in Sioux Center, Iowa

Evidence.jpgThis time it was a 12 year old boy from Sioux Center. The news report has the youngster losing control and striking a utility pole. On the ATV was a five year old passenger. This story brought to us by Radio-Iowa. Sioux Center boy dies in ATV accident, October 5, 2011.

For additional information about parent supervision, safe riding habits, safety training courses and wearing helmets read these articles.

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Facebook News Feed and Distracted Driving - Posting from the morgue.

A_Scene_in_the_New_York_Morgue.jpgSomething is very wrong out there when there are so many wrong-way interstate driving events along with digitally distracted drivers. Is it distracted driving, or drunken drivers, or a combination of the two? I’m writing today because of what one younger client told me this week.

We were discussing texting while driving and I’ve now been informed that texting is dead, finished, gone by the wayside, done, fini, finished, passé’. Yes sir they no longer are texting. Now they Facebook while driving. Using Facebook’s news feed the drivers are looking at pictures, reading text and posting to their FB pages while they attempt to drive.

Texting is so yesterday.

Distracted driving and dumb drivers are a lethal combination. Here are today’s articles on wrong-way drivers. 

Please follow these directions to know how to post that you're on the way to the morgue

http://youtu.be/dES9_n7ou8w

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Helmet Law Protesting Motorcyclist Hits Head, Dies from Head Injury

A motorcyclists in New York was protesting helmet laws by defying the law and not wearing a motorcycle helmet. The rider lost control, hit the brakes, flipped over the handlebars and struck his head on the pavement. He died. Police say had he been wearing a helmet he would have lived. The irony of this situation belies any comment.

Honesty and fairness have nothing to do with insurance defense - HONEST!

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.

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Why don't you ride in the back of a pickup truck?

Here is why you don't ride in the back of a pickup truck.

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Car's, cycles and trucks versus Iowa's deer population

Deer 7.JPGIn 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.

See Iowa rates second on deer-car colliision risk list, Des Moines Register, January 11, 2011. There are some really nice maps from State Farm Insurance and the Iowa Department of Natural Resources.

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Snowmobile Accidents and Old Man Winter

snowmobile.jpgYou can tell its winter in Iowa. The first snow mobile accident has come to my attention. The report has a snowmobiler being airlifted to Mercy Medical Center North Iowa where he’s reported to be in fair condition. The report from the Iowa State Patrol has the guy driving with a group on the median of Highway 218 around Charles City, Iowa. He strikes a culvert, surprise-surprise, goes airborne and crashes. Iowa isn’t a ditch friendly state for snowmobilers. Now in northern Minnesota the local governments created a ditch friendly highway for snowmobilers, but not in Iowa. The ditches are full of concrete culverts. So let’s be careful out there. If you do a Google search for “snowmobile accidents” you’re likely to find news stories concerning snowmobile accidents leading to death or serious personal injury too numerous to mention. Utica, New York must have large snowmobile population because they have plenty of serious accidents. See the article. And of course Michigonians seem to have their fair share of accidents leading to pi or even death. Here is a video from Oakland County about a couple of snowmobilers colliding. The quote I find of interest.

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Systematic Destruction of Evidence

Evidence.jpgIn 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.

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Iowa personal injury from around the State of Iowa

smile_1.jpgToday 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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New I-380 Speed Camera is now "ON" in Iowa

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?

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Stop trying to talk like a TV lawyer!

OneL_med.jpgToday 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?

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Listen... Here that? "Ka-Ching" What is it?

smile_1.jpgThat'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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How do we discourage not thinking and driving?

tongue_texting.jpgTexting 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?

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Who in Iowa goes to a parade to be stampeded by horses?

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.

Related media coverage:

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?

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In the trial lawyer's tool box must be curiosity

This post is about the kind of curiosity a trial lawyer needs to make it in this business. Several weeks ago I read a news report of a motorcycle accident in Worth County, Iowa and jotted down a few notes about it. It seems the driver crashed after the bike malfunctioned. I wanted to know what malfunction would cause the bike's rider to suddenly lose control. After the I.S.P. report was issued I could understand what happened. Here is my report to all you would-be trial lawyers.

Worth County, Iowa - An Interstate 35 crash involving a motorcycle killed the driver allegedly due to an engine malfunction. There was a 27-year-old passenger, Desiree Miller from Northwood who was seriously injured. She was taken to Mercy Hospital in Mason City. Trooper Keith Duenow describes the sequence as follows:

Vehicle 1 was northbound on I-35 and lost control due to an engine malfunction vehicle came to rest on the shoulder of the roadway with the driver pinned underneat it.

90px-4-Stroke-Engine.gif

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