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Car and Tractor Trailer Accidents

9/20/2009
Steve Lombardi
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Car Crash from Turing a Curve and Loosing Control/ Curves can be Deadly/ Lost Control from Curve in the Road

A September 14, 2009 crash in Allamakee County, Iowa at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch and rolled. While on Suttle Creek Road, Northwest of Monona, the driver of the Toyota Tundra, 21 year old Chad Feller from Prairie Du Chien, Wisconsin, lost control of the car while on a curve.  The car ran into a ditch and rolled over, killing one of the passengers, David Kirschbaum, age 27, also from Prairie Du Chien, according to the Iowa State Patrol. The driver and the other passengers, Ariel Fitzgibbon age 22, from Boscobel, WI, and Samantha Olson age 18, her residence is unknown, were all injured.  State Patrol said all riders were not wearing seatbelts, though it’s unknown whether Ms. Olson was wearing one. All were transported to their local hospitals.

UPDATE:

09.09.17

Further reports from the Iowa State Patrol that the driver, Chad Feller did receive blood tests and was allegedly driving under the influence.  All occupants were not wearing seat belts except for Samantha Olson and Ariel Fitzgibbon.  Both Olson and Fitzgibbon are incapacitated. Feller has four possible injuries.  David Kirschbaum was thrown from the vehicle out of the side window and killed.


Under Iowa law, passengers even though from another State, these being from Wisconsin, have a claim for personal injury types of damages.  The tough part of settling this type of case is usually there isn't enough insurance coverage for all the passenger injuries. In other words there are too many people for the amount of insurance coverage the driver carries. In that instance it's necessary to file claims with the passenger's own auto insurance carrier. What's important for each person filing a claim is to not discuss their case with anyone including the insurance adjusters who will attempt to establish a defense that precludes a claim, even by the passengers.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.



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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.

I was involved in a car accident that was the fault of the other driver, I was driving under suspension at the time will this hurt my settlement with the othe drivers insurance company?

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