Failing to slow down and running into front car is per se NEGLIGENCE!

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1/23/2012
Steve Lombardi
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Failing to slow down and running into front car is per se NEGLIGENCE!

Okay in this report we have Amy Straub doing what she’s supposed to be doing, slowing down so as not to run into the cars in front of her. And here comes a young driver to her rear, Jake Nelson, and he simply runs into the rear of her car. It’s too bad but younger drivers don’t have the experience to be able to read traffic conditions ahead or simply don’t pay enough attention.

Description: UNIT 1 WAS TRAVELING EAST ON I80 AT THE 31.05MM. UNIT 2 WAS TRAVELING IN THE SAME DIRECTION DIRECTLY INFRONT ON UNIT 1. UNIT 2 BEGAN TO SLOW DUE TO TRAFFIC BEING SLOWED BECAUSE OF AND ACCIDENT UP AHEAD AND DUE TO THE EMERGENCY LIGHTS ON MY VEHICLE AS I WAS SITTING ON THE INSIDE SHOULDER AT THE SAME LOCATION. UNIT 1 COULD NOT GET STOPPED AND COLLIDED WITH THE REAR END OF UNIT 2 CAUSING DAMAGE TO BOTH UNITS.

Crash Information

L O C A T I O N	Date of Accident 1/13/2012	Time of Accident 03:56 PM	County Pottawattamie - 78	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012002537
	Literal Description I80 AT THE 31.05				Legal Intervention? No	Private Property? No
					X-Coordinate: 290202.4
					Y-Coordinate 4597371.

U N I T 1	Driver's Name - Last NELSON			First JAKE			Middle E		Suffix
	City DALTON			State NE - Nebraska, US				Zip 691310000
	Driver's Age 19					Citation Charge Code 1 321.307		Citation Charge 1 FOLLOWING TOO CLOSE
	Gender Male	State NE - Nebraska, US	Class	Endorsements None	Restrictions B - Cor Lenses	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 5 - Not deployed	Airbag Switch Status 1 - Switch in ON position		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to: NA					Transported by: NA
	Insurance Co. Name
	Year 2009		Make Chevrolet - CHEV		Model AVEO		Style GREE		Approximate Cost to Repair or Replace 1500
	Initial Travel Direction 2 - East	Vehicle Action 10 - Slowing/stopping	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 88 - Other control (explain in narrative)	Vehicle Config. 01 - Passenger car	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 STRAUB			First AMY			Middle LYNN		Suffix
	City BELLEVUE			State NE - Nebraska, US				Zip 680050000
	Driver's Age 22					Citation Charge Code 1		Citation Charge 1
	Gender Female	State NE - Nebraska, US	Class	Endorsements None	Restrictions B - Cor Lenses	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 5 - Not deployed	Airbag Switch Status 1 - Switch in ON position		Ejection 1 - Not ejected	Ejection Path	Trapped 1 - Not trapped
	Transported to: NA					Transported by: NA
	Insurance Co. Name
	Year 2007		Make Chevrolet - CHEV		Model COBALT		Style 4DOOR		Approximate Cost to Repair or Replace 1500
	Initial Travel Direction 2 - East	Vehicle Action 10 - Slowing/stopping	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 2	Traffic Controls 88 - Other control (explain in narrative)	Vehicle Config. 01 - Passenger car	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?

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) 01 - Clear	Environment 7 - Previous accident	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) 01 - Clear	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

UNIT 1 WAS TRAVELING EAST ON I80 AT THE 31.05MM. UNIT 2 WAS TRAVELING IN THE SAME DIRECTION DIRECTLY INFRONT ON UNIT 1. UNIT 2 BEGAN TO SLOW DUE TO TRAFFIC BEING SLOWED BECAUSE OF AND ACCIDENT UP AHEAD AND DUE TO THE EMERGENCY LIGHTS ON MY VEHICLE AS I WAS SITTING ON THE INSIDE SHOULDER AT THE SAME LOCATION. UNIT 1 COULD NOT GET STOPPED AND COLLIDED WITH THE REAR END OF UNIT 2 CAUSING DAMAGE TO BOTH UNITS.

Officer KOSO	Badge No. 435	Time Officer Notified of Accident 15:56	Time Officer Arrived At Scene 15:56
Name of Agency P03	Date of Report 1/13/2012	Investigation made at scene? Yes	T.I. #

Category: General

That’s enough for today, but come back tomorrow to read The Verdict blog/blawg at Lombardi Law Firm or posts on the The Iowa Edict, where I will discuss other personal injury accidents in Iowa. And as always if you are in an accident and need legal services we encourage you to call us sooner, rather than later. We aren't very good at putting toothpaste back into the tube. So let's work together to make your case prep work for you.

I work with lawyers from across the country who handle accidents on either Interstate 35 or 80. These cases may require more than one lawyer because of the multi-state jurisidiction issues. We worked out details ahead of time so your case can move ahead without delay. So call us if we can help you. 515-222-1110 or 800-383-0331 or sdlombardi@aol.com. We cooperate with lawyers who have clients injured in Iowa. So call us.

Steve Lombardi