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2/5/2012
Steve Lombardi
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One semi truck rear ends another on I-80 – who is at fault?

It could go either way depending on what each driver says about lookout, speed and whether one had the last clear chance to avoid the collision.
Drivers are Randall Wooden from Missouri driving for Van Wyk Freight and the other Georgette Denham out of Indiana driving for Maverick Transportation.
Accident happens on I-80 on February 1, 2012 at 4:35 a.m. in Polk County, Iowa.

Crash Information

L O C A T I O N	Date of Accident 2/1/2012	Time of Accident 04:35 AM	County Polk - 77	Accident occurred within corporate limits of (city)	Law Enforcement Case Number: 2012006642
	Literal Description SB/WB INTERSTATE 0080 147.5				Legal Intervention? No	Private Property? No
					X-Coordinate: 466644.2
					Y-Coordinate 4614374.

U N I T 1	Driver's Name - Last WOODEN			First RANDALL			Middle DEAN		Suffix
	City PARKVILLE			State MO - Missouri, US				Zip 64152
	Driver's Age 48					Citation Charge Code 1		Citation Charge 1
	Gender Male	State MO - Missouri, US	Class A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more	Endorsements X - Hazmat & Tank	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 4 - Possible	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 VAN WYK FREIGHT
	Year 2005		Make		Model TRACTOR		Style TRACTOR		Approximate Cost to Repair or Replace 20000
	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 4 - Disabling damage	Underride/Override 1 - None
	Total Occupants 1	Traffic Controls 01 - No controls present	Vehicle Config. 09 - Tractor/semi-trailer	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 22 - Vehicle in/from other roadway	Second Event	Third Event	Fourth Event	Most Harmful Event (by vehicle) 22 - Vehicle in/from other roadway
	Emergency Vehicle Type 1 - Not applicable					Emergency Status 3 - Not Applicable
	Carrier Name VAN WYK FREIGHT			City GRINNELL		State IA - Iowa, US			Zip 50112
	Number of Axles 5			Gross Vehicle Weight Rating 80000		Placard #			Hazardous Materials Released? 3 - Not applicable

U N I T 2	Driver's Name - Last DENHAM			First GEORGETTE			Middle S		Suffix
	City WEST HARRISON			State IN - Indiana, US				Zip 470600000
	Driver's Age 51					Citation Charge Code 1 321.321		Citation Charge 1 FAILURE TO YIELD UPON ENTERING HIGHWAY
	Gender Female	State IN - Indiana, US	Class A - Veh w/26001 GVWR or more Towed unit is 10001 GVWR or more	Endorsements T - Dbl/Trpl Trlr	Restrictions	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 4 - Possible	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: MERCY HOSPITAL					Transported by: MITCHELLVILLE
	Insurance Co. Name MAVERICK TRANSPORTATION
	Year 2007		Make		Model TRACTOR		Style TRACTOR		Approximate Cost to Repair or Replace 5000
	Initial Travel Direction 2 - East	Vehicle Action 07 - Entering traffic lane (merging)	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 1	Traffic Controls 01 - No controls present	Vehicle Config. 09 - Tractor/semi-trailer	Cargo Body Type 05 - Flatbed	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 22 - Vehicle in/from other roadway	Second Event	Third Event	Fourth Event	Most Harmful Event (by vehicle) 22 - Vehicle in/from other roadway
	Emergency Vehicle Type 1 - Not applicable					Emergency Status 3 - Not Applicable
	Carrier Name MAVERICK TRANSPORTATION			City GARY		State IN - Indiana, US			Zip 46406
	Number of Axles 5			Gross Vehicle Weight Rating 80000		Placard #			Hazardous Materials Released? 3 - Not applicable

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) 22 - Vehicle in/from other roadway
Manner of Crash/Collision 3 - Rear-end	Weather Conditions (up to two) 01 - Clear	Roadway 01 - None apparent	Type
Light Conditions 5 - Dark, roadway not lighted	Surface Conditions 1	Type of Roadway Junction/Feature 17 - On-ramp merge area	Workers Present?

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NARRATIVE

UNIT 2 WAS ENTERING THE INTERSTATE FROM THE REST AREA RAMP WHEN IT FAILED TO YIELD TO UNIT 1 AND WAS REARENDED.

Officer SALESBERRY	Badge No. 284	Time Officer Notified of Accident 04:35	Time Officer Arrived At Scene 04:48
Name of Agency P01	Date of Report 2/1/2012	Investigation made at scene? Yes	T.I. #

Category: I-35 I-80 I-235 I-380 Collisions/Accidents

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