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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Wrong-way Interstate Accident Reports to December 20, 2011

Arctic Iceberg.jpgHere 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, ...

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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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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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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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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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Another school bus drunk driver case

A_Scene_in_the_New_York_Morgue.jpgA 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.

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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Clearly Archimedes would drive the Ferrari 458 Italia

On Friday we covered the rollover accident as it relates to the conditions on Iowa's rural  gravel roads; the specific condition is called washboarding. Afterwards I was asked about the legal issues surrounding the rollover case. Because I'm licensed to practice law in Iowa my specific references are to Iowa law, but they do apply generally to driving in other states.

So let us briefly cover how the law views fault or liability of the driver after there is a rollover and passengers in the SUV are hurt.

IT'S ALL ABOUT THE DRIVER'S DUTIES

All drivers have a duty to maintain control of the car or truck while driving on the public roads. A duty to maintain control isn’t normally being exercised when the car has gotten sideways and rolled the vehicle. Legal issues revolve around speed and lookout will then be analyzed and the law determines if the driver was going too fast, not paying attention, driving drunk or failing to take into consideration ever-changing road conditions, such as washboarding of the road surface, or ice, snow, rain or maintenance issues.

These issues will all be evaluated in the rollover accident cases that are at the end of today's blog. In many accidents the driver won’t be able to make a claim against anyone since it is there own fault that caused the vehicle to roll. In instances where there is another car or truck that caused the accident the driver can pursue a legitimate claim. But in single car accidents with no other fault except speed, control and lookout of the single driver, it is the passengers with the legitimate claim.

PUT DOWN THE CELL PHONE

So buckle up, slow down and maintain your attention on your driving.

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Would Archimedes have driven an SUV or a Ferrari 458 Italia?

Domenico-Fetti_Archimedes_1620 Wiki.jpgIn Lyon County, Iowa there’s another rollover accident; this one involving a 31-year-old man driving an SUV on a county road north of Rock Rapids at about 5:20 in the evening. Here is the part of this story that should interest you, do you know if your car, that SUV you drive has a high or low center of gravity and if it’s high how likely is it the car will roll if it gets sideways? Iowa’s farm-to-market roads in rural Iowa are made from limestone gravel and there’s this thing called washboard that naturally occurs from cars, trucks and tractors rolling over it. As lighter cars drive over washboard at high speeds they bounce and can turn sideways. Turn that SUV sideways at 55 mph or more and if it has a high CG it’s more than likely it will roll. The higher the CG the more easily it will roll over.

http://youtu.be/kOC4PjCdHKY

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Let's Roll On Into Roll-Over Accident Thursday

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.

http://www.youtube.com/watch?v=E0rAacH-tqg

We have a slew of roll-over accidents that speaks volumes about speed, high c-g's in modern day SUV's and how speed kills.

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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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Interstate 35 Winter Driving and All Those Accidents

Semi Truck with Colored Lights.jpgThis 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.

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Ice falls off of semi-truck trailer; smashes car windshield; passenger injured - SSDD

Frozen World.jpgA 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.

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01/07/2011: More Wrong-way Interstate Highway Drivers

Wrong way accident figure.jpgToday 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...

Police: Wrong Way Driver from Port Washington Arrested for DWI in Wantagh
Patch
At 2:10 am a Nassau County Police Ambulance Technician observed a driver operating a 2010 Toyota Corolla eastbound in the westbound lanes on Sunrise Highway ...
See all stories on this topic »

Woman hit by wrong-way driver says she feels lucky to be alive
KOB.com
Police say Holmes, 26, was driving drunk at a speed of well over 100 miles per hour the wrong way on I-25 south of Santa Fe. Holmes died on impact after ...
See all stories on this topic »

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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.

Another Preservation of Evidence Case, this one about tires

winter_road.jpgThe headline reads “Two injured in I-470 crash” and the story is about a semi-truck and car crash in Kansas. The Kansas Highway Patrol investigated this two-vehicle accident caused by a rear tire on a 1988 Mercury Grand Marquis blowing out and causing the driver to lose control. Believe it or not, this one may actually be a case based on a failure to do maintenance on the car. We all have a duty to properly maintain our cars and trucks and to not drive an unsafe car on the highway. In this instance the injured passengers and those people in the other truck need to preserve the tires for evidence. Photographing the tires to show the wear and tear along with the tread depth on each is not just important, but necessary evidence. My guess is they are mismatched and the tread is pretty worn. That’s evidence that needs to be preserved. So this seemingly small case presents us with a lesson in evidentiary preservation.

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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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Minimum Insurance limits aren't being financially responsible

Steering Wheel Old Car.jpgThe 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?

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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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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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Another horse-related accident with someone killed

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.

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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.

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