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Car and Tractor Trailer Accidents

7/28/2009
Steve Lombardi
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Keenan Charged with Two Counts for deaths of Cadena and Rochelle.

The driver of a 2000 Toyota 4 Runner lost control at the 1-35 southbound ramp to the I-80 eastbound ramp and the SUV rolled several times causing the passengers inside to be ejected. The accident occurred on July 25, 2009 at around 5:00 a.m. in Polk County, Iowa.  The driver must have failed the breath test for alcohol because he was charged with OWI 3rd, driving while his license was barred and homicide by motor vehicle, 2 counts.  The last charge was due to Martina Cadena and Mar’quis Rochelle dying as a result of being ejected during the rollover.  Keenan was 31-years of age and from Iowa City. Rochelle was 26-years of age and also from Iowa City. Martina Cadena was 35 and from Coralville, Iowa.
Is there negligence here? If there is it's probably to be proven in pursing evidence of the driver taking the curve too fast, driving while under the influence and not using due care. A failure to keep a proper lookout should also be pursued.  Passengers and the estates of the two who died would have 2 years to pursue causes of action. They can expect to have to pursue coverage under their own auto policies; because it's not likely the driver had auto insurance since he was barred from driving. Insurance companies insure risk and a person with a barred license shouldn't even be driving; so he's probably not insurable.  UIM, or uninsured motorist policies may have a two-year statute of limitations or it could be from the date of the denial by the insurer. Check the applicable policies.





Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )
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Car and Tractor Trailer Accidents

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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