Batte Accident Report - This is an example of a workers' compensation case. Iowa Car Accident Legal Analysis and Commentary Steve Lombardi at 515-222-1110


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




Blog Category:

Workers' Compensation

1/23/2012
Steve Lombardi
Comments (0)

Negligence has nothing to do with an Iowa workers’ compensation claim from I-80 accident.

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. 


Crash Information

 

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

Literal Description 
I-80 W/B 253.5

Legal Intervention?
No

Private Property?
No

X-Coordinate:
635766.0

Y-Coordinate
4614061.


U
N
I
T

1

Driver's Name - Last
BATTE

First
LESTER

Middle
G

Suffix
City
CEDAR RAPIDS

State
IA - Iowa, US

Zip
524020000

Driver's Age
35

Citation Charge Code 1
Citation Charge 1
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
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
6 - Not applicable

Airbag Switch Status
3 - No ON/OFF switch present

Ejection
1 - Not ejected

Ejection Path
Trapped
1 - Not trapped

Transported to:
Transported by:
Insurance Co. Name
DAYTON FREIGHT LINES INC

Year
2000

Make
International - INTL

Model
Style
TRUCK

Approximate Cost to Repair or Replace
3000

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

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)
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

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name
DAYTON FREIGHT LINES INC

City
DAYTON

State
OH - Ohio, US

Zip
45414

Number of Axles
5

Gross Vehicle Weight Rating
74000

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)
07 - Sleet, hail, freezing rain

Environment
2 - Weather condition

Location
First Harmful Event of Crash (use codes 11-42 only)
21 - Vehicle in traffic

Manner of Crash/Collision
1 - Non-collision

Roadway
02 - Road surface condition

Type
Light Conditions
5 - Dark, roadway not lighted

Surface Conditions
3

Type of Roadway Junction/Feature
01 - No special feature

Workers Present?

D
I
A
G
R
A
M

0

 

NARRATIVE

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.

 

Officer
NUDD

Badge No.
034

Time Officer Notified of Accident
05:00

Time Officer Arrived At Scene
05:45

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.
Steve Lombardi, Attorney




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