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Car and Tractor Trailer Accidents

9/1/2010
Steve Lombardi
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Highway 30 Crash Injured 6 People

Benton County Car Crash Head-on Highway 30 Accident Two people in a car and four in a van ran head-on into each other at around 9:15 a.m. near 21st Avenue on Highway 30 near Van Home. This is a no-brainer it appears. The van driver for some reason came across the center line and hit the car head-on. Can you say left of center? How about failure to maintain control? Anyone hear of proper lookout? The accident happened in Benton County, Iowa. There were some severe injuries and one young girl was airlifted to Iowa City Hospitals and Clinics. There is a video on the KCRG website.

8/17/2010
Steve Lombardi
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Have you ever seen a car or truck rollover?

In this traffic camera from Cedar Rapids, Iowa on August 11, 2010 a car rolls over after being t-boned when the driver failed to stop for a stop light. That will stop the distractions; that’s for sure. Lucky for him no one was injured.

8/16/2010
Steve Lombardi
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Cedar Rapids Traffic Cam Shows Rollover

In this traffic camera from Cedar Rapids, Iowa on August 11, 2010 a car rolls over after being t-boned when the driver failed to stop for a stop light. That will stop the distractions; that’s for sure. Lucky for him no one was injured.

7/7/2010
Steve Lombardi
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Rear End Collision with Horse Drawn Buggy In Kalona, What is the SMV Symbol?

Four people have been hurt when a car struck a horse-drawn buggy from behind just west of Kalona in southeast Iowa. The accident happened late Sunday evening on Iowa Highway 22. The Iowa State Patrol says the buggy, operated by 29-year-old Ada Kauffman, of Kalona, was westbound about 10:20 p.m. when it was hit by a car driven by 21-year-old Nichole Cady, of Kalona. Kauffman and two passengers in the buggy were taken to University Hospitals in Iowa City. Cady was taken to Washington County Hospital in Washington, Iowa.

6/28/2010
Steve Lombardi
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One Vehicle Crashes Raise Questions about Negligence

Here is another one-vehicle crash reported by the Des Moines Register from the North Liberty area. We’ve seen a lot of these lately. According to the report the car is rounding a curve when the driver loses control, goes into the ditch and overturns. This type of crash will always raise issues related to the speed being proper followed by an examination of any distractions of the driver as reasons why there was a sudden loss of control. In this case the passenger died. She was Katrina Christensen, 44 from Atlantic, Iowa.

5/12/2010
Steve Lombardi
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Driving Distractions Can Be Deadly

Today's blog is all about roadway safety and how negligence creeps into driving habits. We don't' have all the facts but my guess is human nature being what it is common sense will tell us more than most drivers' will admit to. Distractions in the driver's seat cause the driver not to pay attention to what is going on around them in traffic or on the roadway. Because you're getting away with it Monday, Tuesday and Wednesday doesn't mean Thursday won't be the day you cause a major accident. Allowing distractions to hamper your driving attention is like gambling and unless or until you have a near-miss most drivers won't wake up until it's too late. So do yourself a favor and put down the cell phone and pay attention to what you're doing.

5/4/2010
Steve Lombardi
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You should drive like your life depended on it.

Will the driver talk to police and say what caused the loss of control and the rollover or fearing criminal prosecution will he take his Fifth Amendment right not to incriminate himself? I’m sure the Crawford County Sheriff and the Iowa State Patrol are asking questions. But are they getting any answers? The passenger’s friends and relatives will certain want answer. But will they get them? Drive carefully, as if your life and those riding as passenger’s lives depended on it. Because as this collision showed, it certainly does.

4/30/2010
Steve Lombardi
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What was distracting both driver and passenger?

At first glance there doesn’t seem like much to analyze, but maybe there is. The time indicates it’s too early in the evening to suspect alcohol as the sole cause. Where had the driver and his passenger been? What had they been doing? Interviewing the passenger it would be interesting to know the explanation as to why the passenger didn’t recognize the car was drifting over the center line. After all the oncoming truck was a Ford F-450; that’s a big truck. The driver, Jeremiah Hansen describes seeing the Oldsmobile Intrepid coming into his lane, causing to slow his truck and to move to the right; but the Loes’ vehicle just kept coming till it ran head-on into the Hansen truck. Why? What was going on in the passenger compartment of the Olds?

4/6/2010
Steve Lombardi
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What were they thinking?

Burlington, Iowa - You've got three teenage passengers and driver. They are driving without headlights and approaching the railroad tracks where a BNSF Railway locomotive is quickly approaching. The police officer turns on her overhead patrol lights, the crossing arm activates and comes down, the driver jumps out and runs pell-mell right in front of the oncoming train does a hop, skip and jump to safety while successfully eluding the police officer. The driver forgot one thing though, to put the car in park. The only thing stopping it from rolling onto the tracks was the officer blocking its path with the City of Burlington cruiser. Badda bing, we gotta crash. Take a guess at whether or not alcohol was involved.

4/1/2010
Steve Lombardi
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No Snooze News from Iowa – This weeks PI roundup.

Today, we are covering Iowa personal injury news that is current. It includes 16 meatpacking workers suffering from breathing anhydrous ammonia, a Des Moines Register reporter who was assaulted while investigating a story, the 11 Mennonite Community members who died in a van-truck accident, a Q&A from a reader some issue with a Drake Building being evacuated and then a few corrections to clean up what we've posted.

3/16/2010
Steve Lombardi
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Rollover Accidents - Cause and Effect

I have to start looking closer at accidents where one or more cars rollover. The causes I’m sure can be categorized which may help someone avoid one. Here is one example. It happens in Des Moines, Iowa and two people were taken to the hospital. The crash site is 13th Street and University Avenue where one car apparently ran a red light t-boning a non-fault driver and causing that car to overturn. So there is one cause. A side collision involving speed and a direct hit can cause a rollover accident. For more on this story visit the MSNBC site for local news in Iowa or the KCCI site.

2/23/2010
Steve Lombardi
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Sloan, Iowa Accident Can Be A Lesson in Law and Logic

Near Sloan, Iowa on September 12, 2009, around 8 pm police were called because of a collision between two cars on Highway 75 at mile marker 3, according to online news sources KCAU. A car driving northbound went into the ditch and back out, then “crossed the center line and collided head on with a minivan.” The reason for the driver’s loss of control is unknown. The driver was transported to Mercy Medical Center with injuries. In the minivan were two adults and two children who all suffered serious injuries and were brought to the same hospital as the driver. No other details are known.

2/9/2010
Steve Lombardi
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In law what is the last clear chance doctrine?

Even thought the Iowa Supreme Court held the last clear chance doctrine was eliminated as a separate instruction with the adoption of comparative fault, a weighing of what each driver did and didn’t do must be considered in determining who was negligent. So if that lady driving and cell phoning isn’t looking at what is clearly and obviously in her view isn’t she comparatively negligent? I think so. In this instance if we’d crashed, and we didn’t, I would have asked her for her cell phone number and told her right there that had she not been distracted with her cell phone conversation there would not have been a collision. Common sense tells us you can't see what you're not looking for. You can't see when you're not looking. Another day I'm going to cover why that left arm to your head makes it reasonably likely some day you're going to crash.

1/22/2010
Steve Lombardi
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The world of personal injury law never rests

It’s interesting to see several truckers blogging. I wonder if they write and post while on the road or wait till they get home. Now that would be a serious distraction if done while driving. There’s “The Truckers Report” and TruckieD or TD as I refer to him. He’s on the IB and has his own blog, as I just discovered. Truckie-D’s Blog. I don’t think he’s really happy with us right now. He’s taken issue with the attorneys writing about I-35.

12/8/2009
Steve Lombardi
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Ohio’s Minimum Liability Limits are a Paltry $12,500

Ohio is a miserable state to get in a car accident. Presently I have a client who died in Ohio from getting t-boned at an intersection collision. The financial minimum limit one has to carry on car accidents in Ohio is a paltry $12,500.00 per person. Can you believe that? You can kill a person and only have to pay the dead person’s estate $12,500.

12/5/2009
Steve Lombardi
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Osceola, Iowa Resident Seriously Injured While Riding in Car that Rolls Over

Both the driver and the passenger, Elizabeth Anne Hanscom, 23 from Osceola was seriously injured and taken to Iowa Methodist Medical Center. Is it enough that the driver says he missed the curve? Not likely, he’s probably still negligent or at fault for failing to drive at a reasonable and proper speed, failing to drive using due care and failing to drive while keeping a proper lookout.

12/3/2009
Steve Lombardi
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Paying attention while driving means staying on your side of the road

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.



12/3/2009
Steve Lombardi
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Over the center line and right into a deputy sheriff; not such a good day

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured.

12/2/2009
Steve Lombardi
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Two-car collision in Iowa

Friday June 19th, around 5 in the morning, a two car collision caused by a run stop sign kills two men, according to the Des Moines Register. Harlan Derr, age 58, was driving to Winnebago Industries in Forest City where he had worked for 25 years.

11/23/2009
Steve Lombardi
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At fault Iowa drivers

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on.

11/13/2009
Steve Lombardi
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Juries Should Never Run on Empty

On September 04th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300th Street and Stanley Road near Fredericksburg at about 5 p.m. Mr. Beaulieau was driving the go cart and both boys were ejected on impact and both died as a result of the injuries sustained in the crash.

First of all the report isn't clear but appears to say they were driving the go-cart on the public’s right-of-way; the road or street. If so, our first thought is to ask what are they doing riding on the street? And why at 5:00 p.m. when commuter traffic is likely to be increased due to people coming home from work? No license, no registration, no tags and no reason to be there. Was there a moped type flag on the go-cart? Go-carts are too low to be seen by normal drivers, so it's an accident waiting to happen.

The next question that always comes up is about supervision. Where were the adults who should be supervising them and why did they think it permissible to be driving a motorized go-cart on the public streets? What were they taught about riding it on the streets? Was someone home watching Oprah when they should have watching the kids? These are the types of questions that would need to be answered.

I've got experience with this in my neighborhood. I see my neighbor's children and adult children running an unlicensed ATV on the streets while trying to pull wheelies. When I see them out there my first thoughts are when the accident is going happen; you know the one that is inevitable. You see I live on a corner and I know my neighbors driving habits; probably too well. Here is my one neighbor who is also a lawyer and he drives way too fast through that intersection and now we are adding kids and young adults on an unlicensed vehicle. And then there are the neighborhood teen drivers going through that intersection as if they owned it. I’m shaking my head as I ponder the sound of metal to metal as the crash unfolds in my head; that's what happens to aging personal injury lawyers; we dream of all the crashes we've had cases about. Maybe I should move to the end of the cul-de-sac; then I wouldn’t know so much about the intersection down by Lombardi’s house.

These situations lead to tough questions with very unsatisfying answers.

If you’ll recall we’ve discussed a similar type of accident involving an ATV running into a parked car.

But it also raises another question. What was the driver of the Ford truck doing? How fast was he going? Did he have any distractions that took away from his awareness as a driver on the public roads? His actions may not excuse his negligence. Was he aware from previous occasions that this kid would be out riding his go-cart in the street? If so, was he watching out for him? Did he know the kid was there and just ignored him? Determining negligence is such a multi-faceted task with many questions about the behavior of each actor that need to be answered about whether it lived up to the reasonable man standard. In this case it’s probably too easy to just want to blame the kids on the go-cart; but our first inclinations aren’t always the fairest either.

So let’s wait till we know all the facts before judging and coming to a conclusion.

We wish the families well and I rest my case.



11/10/2009
Steve Lombardi
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Head-on Collision in Clayton County, Iowa

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.



10/20/2009
Steve Lombardi
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Iowa train-car collision kills New London woman

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

 

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

  • Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
    desmoines.injuryboard.com/mass-transit-accidents/ - Cached - Similar
  • Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
    desmoines.injuryboard.com/.../iowa-pedestrian-struck-and-killed-by-moving-train-in-tama.aspx?... - Cached - Similar
  • Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
    desmoines.injuryboard.com/tag/Train/ - Cached - Similar
  • Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
    desmoines.injuryboard.com/.../lombardi-law-firm-donates-wii-to-blank-childrens-hospital-pediatric-therapy-services-in-ankeny.aspx... - Cached - Similar


10/20/2009
Steve Lombardi
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Stop, Look and Listen – Hear that train a coming!

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed.  She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop.

Distracted driving kills more people than you can imagine.



10/20/2009
Steve Lombardi
Comments (0)

Before crossing those train tracks, stop to listen and look

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

 

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

  • Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
    desmoines.injuryboard.com/mass-transit-accidents/ - Cached - Similar
  • Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
    desmoines.injuryboard.com/.../iowa-pedestrian-struck-and-killed-by-moving-train-in-tama.aspx?... - Cached - Similar
  • Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
    desmoines.injuryboard.com/tag/Train/ - Cached - Similar
  • Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
    desmoines.injuryboard.com/.../lombardi-law-firm-donates-wii-to-blank-childrens-hospital-pediatric-therapy-services-in-ankeny.aspx... - Cached - Similar


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Car and Tractor Trailer Accidents


I filed a claim with my insurance comp. on my truck now they are sending me a payment for the repair of the damage the person did and taking the other person to court for the money for the damage. Do I have to repair the damage on the vehicle or can I keep the money for something else?



 



 


My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts.

In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing.

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