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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The Loss Prevention Department Assassin

Question: Is a store liable if my mother fell and broke her hip? My mother recently broke her hip at the grand opening of a supermarket when she was directed by an employee to an auxiliary exit that had a curb without any markings or paint on the ground. She is not looking for any more than her out of pocket co-pays and lost salary which would total about $1500-2000. She realizes she shares responsibility but is the store liable for not painting the curb?

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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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Parking lot truck accidents while at work - what's it worth?

X-Ray-Hip_Fracture.jpgQuestion: How do we get a personal injury settlement from the employer? My sister was hit by a truck while taking out the trash for a fast food restaurant. It was in their parking lot when the truck struck my sister, breaking her hip. Now it is a year later and we are trying to figure out what to expect and the kind of process.

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Child School Bus Driver's Under Scrutiny

Bus School Bus Drivers.jpgA recent school bus accident that killed an 11-year-old boy and another accident striking an 84-year-old pedestrian have school officials evaluating their fleet drivers. No driver can have a squeaky clean driving record, but there shouldn’t be anything that makes one conclude their driving, based on past issues, would endanger the children or other pedestrians.  While I think the effort is a good one, I don’t think the article sheds light on what convictions should keep a person from driving a school bus once they pass the standard qualifications.


 

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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Insurance options after a slip-fall injury.

Staircase Rock PetraStairs.jpgQuestion: What are my options if my daughter slipped and fell on hotel property? My daughter fell breaking her two front teeth. She has undergone extensive dental work. The hotel stairs were slick and old non-skid strips that were completely painted over. Hotel did an incident report and I took pictures of the stairs. What are my options?

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Traffic Violation Cameras intrusive, but reliable witnesses

snowy country lane.jpgHere 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.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

 


 

  • Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
  • Iowa Traffic Webcams from Leonards Worlds
  • Traffic Cameras by State – USA Russia Style link.
  • Iowa Webcams link.
  • Des Moines area links.
  • Iowa Red Light Cameras Map link

Juvenile's Suicide Costs Iowa $400,000

Lawyer running to court.jpgThe 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.

Title: ESTATE OF DENVER DANIEL PARVIN, DECD

Docket Number: 06571 ESPR034614

Venue: Linn County

Petition filed: 3/17/2010

Facebook: Rest in Peace Denver Parvin

Personal Injury News on The Edict from Central Iowa - November 5, 2011

10.1.JPGThe 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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Recent Iowa Cases of Interest

Smoke Blue Stream of Smoke.jpgWhat’s going on in Iowa courts? That depends on what you read and who you talk with. There are many different cases of interest from the Heartland. There is one I just couldn’t help but report about.

High speed chase in Urbandale following a Medicap Pharmacy burglary call. This reminds me of the case involving the burglar who stole the erectile dysfunction drugs. The APB was for a hardened criminal. Which brings us right on to our next criminal case, one for assault.

A better way to get men to ask you out than joining eHarmony, Match.com or any of the other dating sites. This method beats having a Facebook page although the FB page might enhance the publicity you get. Woman Accused Of Hitting Boyfriend Who Refused Sex

A Johnson County judge declared a mistrial in a first-degree murder trial involving a 19-year-old man allegedly shooting a landlord. Whether the prosecutorial misconduct reaches the level where it triggers double jeopardy will be later determined. The mistrial declaration followed the showing a video tape that included references to excluded evidence. Oops!

Big brother has a very fat finger. Traffic cameras capture one license plate but the fat fingered operator entered another and sent a ticket to the wrong person. Poor Sarah Sharpnack has a car with the license plate 972YOB and the video shows a white pickup truck with license plate 972YDB. Hmmmm…. Garbage in garbage out. 

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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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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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Don't make Iowa a place for American Idiots

Money Cracked Egg with Dollar Yolk.jpgJustice Streit is slightly wrong, but not far off when he predicts $100,000 judiciary war chests to combat the far right. Let me set this up with a brief description of the fight going on in Iowa.

A gay couple applied for a marriage license and were denied the license;l then sued the Clerk of Court asking the Court to order the Clerk to issue the license. The gay couple argued when it came to marriage license issuance, the Equal Protection Clause required gay and straight couples to be treated equally. The Iowa Supreme Court heard the case, agreed and held the Clerk of Courts in Iowa's 99 counties were required to issue gay couples a marriage license. So far no big deal, right? Iowans against the ruling banned together with homophobes from across the country and as bigots will do they organized a campaign to not retain the three Iowa Supreme Court Justices whose names would be on the next ballot in November 2010. Under Iowa law members of the judiciary must stand for a "retention vote" every so often. That is a mechanism allowing the public to remove judges if they don't like their rulings. In November 2010 three Justices were narrowly voted out of office all over the gay-marriage-license decision. One of those Justices is Michael Streit, a very clever writer whose opinions I have enjoyed reading over the years. One day I'll write a blog using his very cleverly worded decisions, but not today. Today we are going to focus on his comments last week.

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City of Cedar Rapids Addicted to Traffic Cameras

Adolf_Hitler large.jpgCedar 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.

Black Friday Turns Dark and Ugly with Herd Mentality

I was reading Mike Bryant’s blog and saw that he’d referred to a Target Store in Buffalo, New York where apparently once again there was a crowd control problem. Watch this video clip of the store opening at 4:00 a.m. on Black Friday.

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What you don't know about your mailbox can kill you.

3013740-old-vintage-mailboxes-in-rural-midwest-united-states-late-sun.jpg “I’m going to get the mail Mom!”

More than likely, that statement is made daily in rural Iowa from inside many homes across America. And then mom’s yell back,

Be careful!”

The best legal advice I can give is for you to listen to your mother.

The Egerton Law Firm from North Carolina has an interesting blog  about the accidental death of a young girl who was simply getting the mail. It reminded me of a post I made almost a year ago about an elderly woman who was killed doing the same thing - getting the mail. My mind got to wondering about how common it is for people to get hit by the side of the road while checking for mail. Next thing I know I'm knee deep in rural mailbox accidents from all across the American landscape.  Look at the stories below-the-fold and I’m sure, like me, you’ll be quite surprised.

The post starts out about the recent death of an 11-year-old girl getting the mail from the family mailbox and then provides some insight into common factors to consider about car-truck accidents involving people at their own mailboxes. There are some common factors that every rural Iowa parent should be aware.

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Backing up Semi-Truck Accident is more common than you'd think.

Like everyone else I’m reading the Des Moines Register story about the UPS worker who while making a delivery at Des Moines’ International Airport was run over and killed. The worker is Daniel Raber who they describe as opening a gate to make a delivery when he was run over by the rear duals. The news report is difficult to comprehend and appears to say another driver was involved or a second truck was involved; it’s just difficult to decipher from the way the article is written.  Like you I’ll have to await the follow-up reporting or the OSHA investigative reporting. Right now it’s as clear as Delhi Lake.

Even without all the facts what’s the likely cause of this death on the job?

Today's feature video is from Russia. I did like Russia, it's an interesting country and people although I would never want to live there. Listen as you read because today's post is another example of the more we rush the father behind we get.  As personal injury lawyers we continuously see the worse. So listening to beautiful music is one way to escape. Listen as you read; and I should mention, the name is Russian, and should be spelled VIAgra or Via Gra and it means a cappella.

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Going green just got less greener.

Those new hybrid cars are proving to be just a little too "green" and not so environmentally friendly. They are too quiet. So quiet are they that pedestrians don’t hear them coming. So quiet that automakers expecting pedestrian complaints, if not broken bones, are  offering an under-hood speaker system that emits a whirring sound, similar to that of a running gasoline engine. On sale in Japan later this month for $148 plus the cost of installation Toyota has yet to decide on if and when they will sell them in the United States. All of this simply means that when crossing the street pedestrians need to have their heads on a continuously moving swivel.

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The Law of Common Sense Isn't Very Common

python.jpgA nine and a half foot python escaped and was returned home after being found on a neighbor’s porch. The news report indicates the snake’s been missing for a month. The snake’s owner is reported to be a child, which I for one don’t understand AT ALL. The snake was found on a porch in Farmington, Arkansas. Are they serious? Watch the video and ask yourself who or what safety the snake owners are concerned with.  I swear that common sense isn’t as common as we would like to believe.

I intended to be done with blogging for today, but the personal injury news stories just keep getting better and better. In this story a school bus driver on her morning route finds a toddler in the middle of the road at about 8:00 a.m. The tyke had on only a diaper, according to the report. This story out of Radcliff, Kentucky. The pint size explorer is 2-years-old. The reporter indicates the mother was cited for endangering the welfare of a minor. Lucky for him his neighbors didn't have a snake on the run. See you tomorrow.

 

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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Why is the backup warning device important on a road construction job site?

The headline reads, workinprogress.jpgIllinois 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.

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What's behind the fireworks over the 4th of July spectator suit filed in Jackson County, Iowa?

fireworks1.jpg

There was a horse stampede at a parade in Jackson County over the 4th of July. The stampeding horse injured many people who were present just to watch the parade and enjoy the holiday. On August 11, 2010 the first of what will be several lawsuits was filed at the Jackson County Courthouse. The online story is bringing a barrage of comments under the KCCI news story. Today I wonder aloud if those making comments are for unstated reasons, being disingenuous. Could the purpose of those comments be to poison the jury pool; or, have cruel, insensitive, rude and otherwise uneducated comments on the Internet become the standard for unhappy people who can type on a computer?

The comment section under the KCCI story is interesting, but not because there is any substance to the discussion or anything of value being discussed. There is not much about the issues and too much about what is unimportant. Why I find them of interest is because those commenting lack a basic understanding of our American system of civil justice, or how justice and business intersect with the insurance industry and how recovery of costs associated with insurance subrogation maintain a lower insurance premium that I'm sure most of those commenting pay. People you need to get either an education or a life.

Aug. 19, 2010 7:03am CST
 
Steven Mack and his dingbat wife or you could say Stacey Mack and her dingbat husband should be taken out and horse whipped. It's people like that which make me sick. Course if dingbat # 2 had a name like Steve instead of Steven he would know what he is doing is wrong.

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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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College Life and Hard Liquor Don't Mix at ISU

_8095350.jpgAs I suspected the questions involving the ISU architecture student that died earlier this past month after visiting a night club centered on whether she was given drinks from the bar or by other bar patrons.  One question has been answered. There is one issue yet resolved. An Ames man, age unknown, has been charged with a misdemeanor involving providing alcohol to a minor.

Most people (non-lawyers) will think just buying her drinks, serving her as an underage adult and then she is later struck by a train should be sufficient to sue and win, but it isn’t. The reason why we can sue the bar is because the dram shop statute creates or does away with the issue of proximate cause. Under Iowa’s dram shop statute we need simply to prove the bar or tavern served the patron either while intoxicated or to the point of intoxication. If later they cause injury or death the necessary link is established. There is no dram shop statute for people who aren’t in the bar business making money from serving alcohol.

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Teenagers' Train Hopping Leads to Criminal Trespass Charges

I never met a man or a woman who spoke poorly of Mark Twain’s novels. Be it The Adventures of Tom Sawyer or Huckleberry Finn the American style adventures are seeded in the grey matter of most every American boy.  Huck Finn and Tom are young boys with imagination and a thirst for adventure. Real or made up boys will be boys and boys like adventure. I looked forward to reading Boy's Life magazine and looked forward to the adventure or hero stories. Huck and Tom are twelve years old when they spend time conjuring up images of skipping school, riding a raft down the Missouri River and jumping on a train to ride the rail with the hobos. Here in Des Moines is a news story with a couple of boys who tried to live a part of Tom's train adventure. In reality for the 11-year-old boys in this story from Des Moines’ east side, it wasn't as much fun as it was in a Sam Clemens' story.

Three young boys tried like hobo’s, thought it might be fun to hop a train in Des Moines’ east side.  Unfortunately for them they learned a very costly, but a valuable lesson. That lesson is that trains are unforgiving.

Boy’s Foot Run Over By Train, KCCI by Tyler Kingkade.

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The Iowa State Fair considers the Bellevue Parade Problem

The Iowa State Fair organizers are watching what occurred in Bellevue at the 4th of July parade and noting the movement of livestock does occur at the Iowa State Fair and could potentially cause a similar incident. What I found of interest in her story was the mention of candy being thrown or gathered by children and that could have spooked the horses. That one little fact can completely change the nature of any case. It raises the question whether the rules prohibit the throwing of candy in the parade and was anyone doing so.  If anyone has videotape or photographs they may be helpful to those involved. If you send them to me I’ll publish them. The issue of horses being prey animals not predators is an certainly an interesting one.


For additional reading see:

Fair To Focus On Safety After Parade Mishap, Fair Displays Keep Crowds Behind Ropes, KCCI

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

Campus drinking leads to death of ISU architecture student

The first question is who bought and served her the alcohol?

Previously we covered the ISU student's death from being struck by a train back in April. Toxicology reports are back from the lab and are reported to show her BAC as "more than twice the legal limit." The news report indicates sources identified her as having "spent time at Project 20-20, a bar allowing anyone 18 and older to get in." She was a 19-year-old architect student from Woodbridge, Virginia.

The second question is what did the bar do wrong?

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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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