Driver suffers a stroke, which is the definition of a real â€œaccidentâ€�.

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1/23/2012
Steve Lombardi
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Driver suffers a stroke, which is the definition of a real “accident”.

Most folks think of an accident as any collision that happens for any reason, but that’s not true. Driver fault is what causes collisions; driver error is what causes an accident as is the general description. But this crash is what I call a real “accident”. This driver suffered a stroke, blacked out and then is described as having run into the back of the Honda he was following. The driver who suffered the stroke was driving a Ford pickup truck.

This is interesting because these two drivers are on the Interstate, I-35, and the one suffers a medical condition, a stroke, then runs into the rear of the truck in front. There is no actionable negligence, all there is a collision of no one's fault. Now the guy who gets run into may have a workers' compensation claim, but that's another story.

The officer’s report describes the sequence as follows: VEHICLE 1 WAS NORTHBOUND ON I-35, IN THE RIGHT LANE, WHEN IT WAS STRUCK FROM BEHIND BY VEHICLE 2. VEHICLE 2 WAS ALSO NORTHBOUND ON I-35 IN THE RIGHT LANE, WHEN THE DRIVER OF VEHICLE 2 SUFFERED A STROKE, BLACKED OUT AND STRUCK VEHICLE 1.

Crash Information

L O C A T I O N	Date of Accident 1/16/2012	Time of Accident 12:26 PM	County Warren - 91	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012002867
	Literal Description NB INTERSTATE 35 65.5 MM				Legal Intervention? No	Private Property? No
					X-Coordinate: 434880.0
					Y-Coordinate 4593786.

U N I T 1	Driver's Name - Last LONG			First JILL			Middle ELLEN		Suffix
	City WEST DES MOINES			State IA - Iowa, US				Zip 502650000
	Driver's Age 38					Citation Charge Code 1		Citation Charge 1
	Gender Female	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 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 4 - Possible	Occupant Protection 2 - Shoulder and lap belt used		Airbag Deployment 5 - Not deployed	Airbag Switch Status 3 - No ON/OFF switch present		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to: METHODIST DM					Transported by: WDM EMS
	Insurance Co. Name
	Year 2011		Make Honda - HOND		Model CRV		Style SW		Approximate Cost to Repair or Replace 2500
	Initial Travel Direction 1 - North	Vehicle Action 01 - Movement essentially straight	Speed Limit 70	Point of Initial Impact 05 - Rear	Most Damaged Area 05 - Rear	Extent of Damage 2 - Minor damage	Underride/Override 1 - None
	Total Occupants 1	Traffic Controls 01 - No controls present	Vehicle Config. 04 - Sport utility vehicle	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 21 - Vehicle in traffic	Second Event	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			City		State			Zip
	Number of Axles			Gross Vehicle Weight Rating		Placard #			Hazardous Materials Released?

U N I T 2	Driver's Name - Last MULFORD			First DAVID			Middle MATTHEW		Suffix
	City ST CHARLES			State IA - Iowa, US				Zip 502400000
	Driver's Age 48					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	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 4 - Possible	Occupant Protection 2 - Shoulder and lap belt used		Airbag Deployment 5 - Not deployed	Airbag Switch Status 3 - No ON/OFF switch present		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to: MERCY DM					Transported by: NORWALK EMS
	Insurance Co. Name
	Year 2010		Make Ford - FORD		Model F15		Style PK		Approximate Cost to Repair or Replace 2500
	Initial Travel Direction 1 - North	Vehicle Action 01 - Movement essentially straight	Speed Limit 70	Point of Initial Impact 01 - Front	Most Damaged Area 01 - Front	Extent of Damage 2 - Minor damage	Underride/Override 1 - None
	Total Occupants 1	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 2 - Physical impairment	Vision Obscured 01 - Not obscured	Contributing Circumstances, Driver (up to 2)
	SEQUENCE OF EVENTS			First Event 21 - Vehicle in traffic	Second Event	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			City		State			Zip
	Number of Axles			Gross Vehicle Weight Rating		Placard #			Hazardous Materials Released?

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) 02 - Partly cloudy	Environment 1 - None apparent	Location	First Harmful Event of Crash (use codes 11-42 only) 21 - Vehicle in traffic
Manner of Crash/Collision 3 - Rear-end	Weather Conditions (up to two) 02 - Partly cloudy	Roadway 01 - None apparent	Type
Light Conditions 1 - Daylight	Surface Conditions 1	Type of Roadway Junction/Feature 01 - No special feature	Workers Present?

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NARRATIVE

VEHICLE 1 WAS NORTHBOUND ON I-35,IN THE RIGHT LANE, WHEN IT WAS STRUCK FROM BEHIND BY VEHICLE 2. VEHICLE 2 WAS ALSO NORTHBOUND ON I-35 IN THE RIGHT LANE, WHEN THE DRIVER OF VEHICLE 2 SUFFERED A STROKE, BLACKED OUT AND STRUCK VEHICLE 1.

Officer TUCKER	Badge No. 487	Time Officer Notified of Accident 12:27	Time Officer Arrived At Scene 12:34
Name of Agency P02	Date of Report 1/16/2012	Investigation made at scene? Yes	T.I. #

Category: I-35 I-80 I-235 I-380 Collisions/Accidents

After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer. Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois. Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney