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Steve Lombardi, Attorney

The description of how this one starts and ends is below. We are in Polk County, where I practice. From reading this description I can tell that the insurance adjusters are going to dispute Bryan Loya having to pay for all the damages to Shani Amin’s truck. They may claim he was following too close or driving too fast, not leaving enough room between their car and truck. A good investigation will ferret out the facts, but each driver should careful of what they say or if they allow a recorded statement without first seeking legal advice.

VEHICLES #1 AND #2 WERE BOTH WESTBOUND ON I-80/I-35 WITH VEH #1 BEING OUT IN FRONT OF VEH #2. THE DRIVER OF VEH #1 LOST CONTROL AND ENTERED ONTO THE LEFT SHOULDER WHERE IT IMPACTED THE CONCRETE MEDIAN WALL. VEH #1 THEN REBOUNDED INTO THE LEFT AND CENTER WESTBOUND LANES WHERE IT WAS IMPACTED BY VEH #2. VEH #1 THEN CAME TO REST ON THE LEFT SHOULDER AND VEH #2 STOPPED IN THE CENTER LANE UNTIL TOLD BY THIS OFFICER TO PULL OFF OF THE ROADWAY.

Crash Information

 

L
O
C
A
T
I
O
N

Date of Accident
1/11/2012

Time of Accident 
11:26 PM

County
Polk - 77

Accident occurred within corporate limits of (city)
Urbandale - 7875

Law Enforcement Case Number:
2012001930

Literal Description 
I-80/I-35 WESTBOUND @ 130.8 MILE MARKER

Legal Intervention?
No

Private Property?
No

X-Coordinate:
440790.3

Y-Coordinate
4611462.


U
N
I
T

1

Driver's Name - Last
LOYA

First
BRYAN

Middle
MICHAEL

Suffix
City
WAUKEE

State
IA - Iowa, US

Zip
502630000

Driver's Age
22

Citation Charge Code 1
Citation Charge 1
Gender
Male

State
IA - Iowa, US

Class
C - Non-commercial vehicle or commercial Veh w/26000 GVWR or less & either 16 Pass Design or Hazmat

Endorsements
None

Restrictions
Citation Charge Code 2
Citation Charge 2
Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3
Citation Charge 3
Citation Charge Code 4
Citation Charge 4
Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
4 - Possible

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
9 - Unknown

Airbag Switch Status
9 - Unknown

Ejection
1 - Not ejected

Ejection Path
Trapped
1 - Not trapped

Transported to:
DECLINED

Transported by:
DECLINED

Insurance Co. Name
Year
2005

Make
Dodge - DODG

Model
DAK

Style
PK

Approximate Cost to Repair or Replace
6500

Initial Travel Direction
4 - West

Vehicle Action
01 - Movement essentially straight

Speed Limit
65

Point of Initial Impact
05 - Rear

Most Damaged Area
01 - Front

Extent of Damage
4 - Disabling damage

Underride/Override
1 - None

Total Occupants
01

Traffic Controls
01 - No controls present

Vehicle Config.
02 - Four-tire light truck (pick-up, panel)

Cargo Body Type
01 - Not applicable

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)
SEQUENCE OF EVENTS
First Event
06 - Evasive action (swerve, panic braking, etc.)

Second Event
03 - Ran off road, left

Third Event
Fourth Event
21 - Vehicle in traffic

Most Harmful Event (by vehicle)
36 - Concrete barrier (median or right side)

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name
City
State
Zip
Number of Axles
Gross Vehicle Weight Rating
Placard #
Hazardous Materials Released?

U
N
I
T

2

Driver's Name - Last
AMIN

First
SHANI

Middle
HABIB

Suffix
City
DES MOINES

State
IA - Iowa, US

Zip
503210000

Driver's Age
36

Citation Charge Code 1
Citation Charge 1
Gender
Male

State
IA - Iowa, US

Class
A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more

Endorsements
T - Dbl/Trpl Trlr

Restrictions

None

Citation Charge Code 2
Citation Charge 2
Alcohol Test Given?
1 - None

Drug Test Given?
1 - None

Citation Charge Code 3
Citation Charge 3
Citation Charge Code 4
Citation Charge 4
Seating Position
01 - Front: Left Side / Motorcycle Driver

Injury Status
5 - Uninjured

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
6 - Not applicable

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path
Trapped
1 - Not trapped

Transported to:
DECLINED

Transported by:
DECLINED

Insurance Co. Name
XTRA LEASE

Year
2006

Make
Model
TRACTOR

Style
TRACTOR

Approximate Cost to Repair or Replace
500

Initial Travel Direction
4 - West

Vehicle Action
01 - Movement essentially straight

Speed Limit
65

Point of Initial Impact
06 - Left Rear

Most Damaged Area
06 - Left Rear

Extent of Damage
2 - Minor damage

Underride/Override
1 - None

Total Occupants
01

Traffic Controls
01 - No controls present

Vehicle Config.
09 - Tractor/semi-trailer

Cargo Body Type
02 - Van/enclosed box

Vehicle Defect
01 - None

Driver Condition
1 - Apparently normal

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)
SEQUENCE OF EVENTS
First Event
06 - Evasive action (swerve, panic braking, etc.)

Second Event
21 - Vehicle in traffic

Third Event
Fourth Event
Most Harmful Event (by vehicle)
21 - Vehicle in traffic

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name
XTRA LEASE

City
ST LOUIS

State
MO - Missouri, US

Zip
63146

Number of Axles
5

Gross Vehicle Weight Rating
80000

Placard #
Hazardous Materials Released?
2 - No


ACCIDENT ENVIRONMENT
ROADWAY CHARACTERISTICS
Major Contributing Circumstances:
WORKZONE RELATED?
SEQUENCE OF EVENTS
Location of First Harmful Event
1 - On Roadway

Weather Conditions (up to two)
08 - Snow

Environment
2 - Weather condition

Location
First Harmful Event of Crash (use codes 11-42 only)
21 - Vehicle in traffic

Manner of Crash/Collision
6 - Sideswipe, same direction

Roadway
02 - Road surface condition

Type
Light Conditions
4 - Dark, roadway lighted

Surface Conditions
3

Type of Roadway Junction/Feature
01 - No special feature

Workers Present?

D
I
A
G
R
A
M

0

 

NARRATIVE

VEHICLES #1 AND #2 WERE BOTH WESTBOUND ON I-80/I-35 WITH VEH #1 BEING OUT IN FRONT OF VEH #2. THE DRIVER OF VEH #1 LOST CONTROL AND ENTERED ONTO THE LEFT SHOULDER WHERE IT IMPACTED THE CONCRETE MEDIAN WALL. VEH #1 THEN REBOUNDED INTO THE LEFT AND CENTER WESTBOUND LANES WHERE IT WAS IMPACTED BY VEH #2. VEH #1 THEN CAME TO REST ON THE LEFT SHOULDER AND VEH #2 STOPPED IN THE CENTER LANE UNTIL TOLD BY THIS OFFICER TO PULL OFF OF THE ROADWAY.
 

Officer
CLARK

Badge No.
395

Time Officer Notified of Accident
23:29

Time Officer Arrived At Scene
23:29

Name of Agency
P01

Date of Report
1/11/2012

Investigation made at scene?
Yes

T.I. #
Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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