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Single vehicle, truck accident leads to a workers’ compensation type claim. This report has a Mr. Lester Batte from Cedar Rapids driving an International Semi truck and heading west on I-80 at the 253’rd mile marker. In this instance Dayton Freight Lines has a property damage claim with its own insurance company and the injured employee with the workers’ compensation carrier or any private insurance he may have. Even though there is only one truck involved in a workers' compensation case that doesn't matter; because negligence has nothing to do with whether or not you get work comp benefits in Iowa. Call us if you have questions about your case.
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L O C A T I O N |
Date of Accident 1/17/2012 |
Time of Accident 04:45 AM |
County Johnson - 52 |
Accident occurred within corporate limits of (city) |
Law Enforcement Case Number: 2012002961 |
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Literal Description I-80 W/B 253.5 |
Legal Intervention? No |
Private Property? No |
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X-Coordinate: 635766.0 |
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Y-Coordinate 4614061. |
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U N I T 1 |
Driver's Name - Last BATTE |
First LESTER |
Middle G |
Suffix |
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City CEDAR RAPIDS |
State IA - Iowa, US |
Zip 524020000 |
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Driver's Age 35 |
Citation Charge Code 1 |
Citation Charge 1 |
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Gender Male |
State IA - Iowa, US |
Class A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more |
Endorsements H - Hazmat |
Restrictions None |
Citation Charge Code 2 |
Citation Charge 2 |
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Alcohol Test Given? 1 - None |
Drug Test Given? 1 - None |
Citation Charge Code 3 |
Citation Charge 3 |
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Citation Charge Code 4 |
Citation Charge 4 |
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Seating Position 01 - Front: Left Side / Motorcycle Driver |
Injury Status 5 - Uninjured |
Occupant Protection 2 - Shoulder and lap belt used |
Airbag Deployment 6 - Not applicable |
Airbag Switch Status 3 - No ON/OFF switch present |
Ejection 1 - Not ejected |
Ejection Path |
Trapped 1 - Not trapped |
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Transported to: |
Transported by: |
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Insurance Co. Name DAYTON FREIGHT LINES INC |
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Year 2000 |
Make International - INTL |
Model |
Style TRUCK |
Approximate Cost to Repair or Replace 3000 |
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Initial Travel Direction 4 - West |
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 |
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Total Occupants 1 |
Traffic Controls 01 - No controls present |
Vehicle Config. 06 - Single-unit truck (>=3 axles) |
Cargo Body Type 02 - Van/enclosed box |
Vehicle Defect 01 - None |
Driver Condition 1 - Apparently normal |
Vision Obscured 01 - Not obscured |
Contributing Circumstances, Driver (up to 2) |
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SEQUENCE OF EVENTS |
First Event 21 - Vehicle in traffic |
Second Event 01 - Ran off road, right |
Third Event |
Fourth Event |
Most Harmful Event (by vehicle) 12 - Jackknife |
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Emergency Vehicle Type 1 - Not applicable |
Emergency Status 3 - Not Applicable |
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Carrier Name DAYTON FREIGHT LINES INC |
City DAYTON |
State OH - Ohio, US |
Zip 45414 |
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Number of Axles 5 |
Gross Vehicle Weight Rating 74000 |
Placard # |
Hazardous Materials Released? |
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ACCIDENT ENVIRONMENT |
ROADWAY CHARACTERISTICS Major Contributing Circumstances: |
WORKZONE RELATED? |
SEQUENCE OF EVENTS |
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Location of First Harmful Event 1 - On Roadway |
Weather Conditions (up to two) 07 - Sleet, hail, freezing rain |
Environment 2 - Weather condition |
Location |
First Harmful Event of Crash (use codes 11-42 only) 21 - Vehicle in traffic |
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Manner of Crash/Collision 1 - Non-collision |
Roadway 02 - Road surface condition |
Type |
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Light Conditions 5 - Dark, roadway not lighted |
Surface Conditions 3 |
Type of Roadway Junction/Feature 01 - No special feature |
Workers Present? |
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D I A G R A M 0 |
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NARRATIVE |
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UNIT 1 WAS TRAVELING WESTBOUND ON INTERSTATE 80 AT MILEPOST 253.5. DUE TO THE ICY ROAD CONDITIONS UNIT 1 JACKKNIFED AND WENT INTO THE NORTH DITCH. |
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Officer NUDD |
Badge No. 034 |
Time Officer Notified of Accident 05:00 |
Time Officer Arrived At Scene 05:45 |
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Name of Agency P12 |
Date of Report 1/17/2012 |
Investigation made at scene? Yes |
T.I. # |
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.
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