I’ve covered trailer and cargo cases which we handle. To read those articles follow this link or to read articles on The Edict follow this link. We handle

Blog Category:

Car and Tractor Trailer Accidents

1/23/2012
Steve Lombardi
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January 23, 2012 - Yet another trailer or cargo personal injury accident in Iowa

I’ve covered trailer and cargo cases on several occasions. To read those articles follow this link or to read articles on The Edict follow this link. We handle hauling cases where someone else is injured or even where the driver hauling the trailer (U-Haul trailers) are injured or killed. They are cases where the lawyer has to understand the mechanics, physics and rules governing trailing of cargo. I drive a large pickup truck and tow a trailer so I’m familiar with how to do it right and how people do it wrong. When you hitch it up incorrectly problems begin.

I’m not sure why the cargo on this trailer came loose, but it did and it’s not supposed to. There are probably ten reasons why it could come off, but eight of those reasons will lead to conclude the operator/driver was at fault for any personal injury suffered by Angel Ingwersen and any passengers in her car. We handle these cases so if we can help give us a call. 515-222-1110 or sdlombardi@aol.com.

UNIT 1 WAS SOUTHBOUND ON HIGHWAY 218 AT ABOUT THE 38 MM WHEN A TRUCK BEING HAULED BY UNIT 2 FELL OFF OF THE TRAILER LANDING IN THE TRAVELED PORTION OF THE HIGHWAY. UNIT 1 SWERVED AROUND UNIT TWO ENTERING THE WEST DITCH HITTING A CULVERT.

Crash Information

 

L
O
C
A
T
I
O
N

Date of Accident
1/19/2012

Time of Accident 
07:10 PM

County
Henry - 44

Accident occurred within corporate limits of (city)
Law Enforcement Case Number:
20120003805

Literal Description 
SB/WB US 0218 / US 218 (MILEPOST 38)

Legal Intervention?
No

Private Property?
No

X-Coordinate:
621446.2

Y-Coordinate
4527694.


U
N
I
T

1

Driver's Name - Last
INGWERSEN

First
ANGEL

Middle
CHRISTINE

Suffix
City
SALEM

State
IA - Iowa, US

Zip
526490000

Driver's Age
35

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

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:
Transported by:
Insurance Co. Name
Year
2010

Make
Model
ALT

Style
4D

Approximate Cost to Repair or Replace
7500

Initial Travel Direction
3 - South

Vehicle Action
01 - Movement essentially straight

Speed Limit
65

Point of Initial Impact
01 - Front

Most Damaged Area
01 - Front

Extent of Damage
4 - Disabling damage

Underride/Override
1 - None

Total Occupants
3

Traffic Controls
01 - No controls present

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
05 - Animal or object in roadway

Second Event
06 - Evasive action (swerve, panic braking, etc.)

Third Event
Fourth Event
Most Harmful Event (by vehicle)
05 - Animal or object in roadway

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
KILLOREN

First
BRADLEY

Middle
S

Suffix
City
HAMILTON

State
IL - Illinois, US

Zip
62341

Driver's Age
30

Citation Charge Code 1
321.460

Citation Charge 1
SPILLING LOAD ON HIGHWAY

Gender
Male

State
IL - Illinois, US

Class
D - Chauffeur

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
5 - Uninjured

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
5 - Not deployed

Airbag Switch Status
9 - Unknown

Ejection
1 - Not ejected

Ejection Path
Trapped
1 - Not trapped

Transported to:
Transported by:
Insurance Co. Name
Year
2007

Make
Chevrolet - CHEV

Model
SILVERADO

Style
TRUCK

Approximate Cost to Repair or Replace
500

Initial Travel Direction
9 - Unknown

Vehicle Action
88 - Other (explain in narrative)

Speed Limit
65

Point of Initial Impact
99 - Unknown

Most Damaged Area
99 - Unknown

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
16 - Towed vehicle

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
08 - Cargo/equipment loss or shift

Second Event
Third Event
Fourth Event
Most Harmful Event (by vehicle)
08 - Cargo/equipment loss or shift

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
1 - None apparent

Location
First Harmful Event of Crash (use codes 11-42 only)
13 - Other non-collision

Manner of Crash/Collision
1 - Non-collision

Roadway
01 - None apparent

Type
Light Conditions
5 - Dark, roadway not lighted

Surface Conditions
1

Type of Roadway Junction/Feature
01 - No special feature

Workers Present?

D
I
A
G
R
A
M

0

 

NARRATIVE

UNIT 1 WAS SOUTHBOUND ON HIGHWAY 218 AT ABOUT THE 38 MM WHEN A TRUCK BEING HAULED BY UNIT 2 FELL OFF OF THE TRAILER LANDING IN THE TRAVELED PORTION OF THE HIGHWAY. UNIT 1 SWERVED AROUND UNIT TWO ENTERING THE WEST DITCH HITTING A CULVERT.

 

Officer
DOLF

Badge No.
361

Time Officer Notified of Accident
19:15

Time Officer Arrived At Scene
19:20

Name of Agency
P13

Date of Report
1/19/2012

Investigation made at scene?
Yes

T.I. #





For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




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How long should I want to hear back from an adjuster for a claim?  I was in an automobile collision where I was not at fault in Aug 2010. I suffered a broken foot where I needed surgery. The adjuster was very nice and indicated he wanted to get this settled quickly. He said I needed to wait until the doctor released me from care before he could settle the claim. In June 20, 2011, I sent him a letter with a packet of photos, copies of medical bills, pay stubs, explanation of the collision, etc. I also told him I expected to hear back from him 30 days from the date of the letter. On July 20th, 2011, He left a phone message saying he needed to get the medical bills directly from the facilities and needed to contact my health insurance for a lien (since they paid for most of my care). That was the last time I heard from him. It is now Jan 24, 2012 - over 6 months later. I did some research and found that the statute of limitations for personal injury is 6 months from now (2 years after the collision). Is waiting 6+ months to hear back from the adjuster as he collects this information Bad Faith?

Is it a valid excuse that my tire dropped off the shoulder just before I overcorrected, lost control and went over the center line, where the accident happened?

What can I do if I was involved in a car accident with no insurance? On Dec. 17th, I broke my pelvis when a car hit my car head-on. I was turning left at a green light, as though it were a green arrow in a moment of mental lapse. The truck was full speed as the light changed, as he was anticipating it as he approached. I have no insurance, and my plates were expired since I am unemployed, a single mom, and was waiting until after Xmas to take care of these expenses. I was dumb, I know, but what happens now? Am I going to be sued? How is fault determined in this case? Note: his 2003 Ford was also totaled by insurance, but he was uninjured.

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