At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation of your case 1-800-383-0331.

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Criminal Law Commentary - Todd Miler

Wrong-way Interstate and Highway Collisions in Iowa

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

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Videos

Deforming Civil Rights through Tort Reform:

Mr. Fancy Pants

FOX News Whistle blowers. UNBELIEVABLE!!!

Car and Tractor Trailer Accidents:

Pickup and semi-truck accident outside of Joliet, Illinois

Semi-rollover woth two cars under the tractor trailer truck.

Tractor-Trailer Accidents - Overview

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?:

How to Avoid Wrong Site Surgery Cheaply

Who is at fault when a wrong-site surgery occurs?

Wrong Site Surgery Training Video for Staff

Tort News:

FDA News - Recall of Sprint Fidelis Cardiac Leads

Heart device recall by Guidant and Medtronic

Medtronic Recalls Certain Defibrillators (April 2005)

Practice Tips:

Law Marketing Firm | 6 Power Tips for Creating a Law Firm Marketing Plan: Part 1

Law Firm Marketing | 4 Myths that Keep Attorneys from Building a Referral Based Practice

The Virtual Law Firm

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Car Accidents - Crash test for a 2007 Mazda CX-7

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FAQs

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

Recently, while behind a moving vehicle that had to stop quickly, my 16 year old daughter lightly hit the rear end of the vehicle. There appeared to be no damage to either vehicle but my daughter gave the other driver her name, phone number and insurance info. Later that day the driver called and said that after she washed her vehicle (a 2004 black Malibu) she found several scratches that she says has to be from my daughter barely hitting her. She now wants us to pay for the damage. She says she has an estimate of $350.00. What do you advise us to do?

Wrong-way Interstate and Highway Collisions in Iowa

 What are the causes of wrong-way drivers, aka “ghost riders”?

What else needs to happen to reduce wrong-way collisions?

How can drivers avoid wrong-way driving?

Pedestrian Collisions Causing Injury and Death

Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off!

I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working.

I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem!

Thanks so much,
Sarah

My mom was crossing street in crosswalk. She was one step from stepping UP on the curb when a car came around the corner and struck her. She seriously injured and taken to hospital. She suffered severe brain trauma and was in ICU for 5 days before we had to let her go. The police said they did not drug or alcohol test the driver. Isn't that a law in Iowa to make sure they do that?

How can a pedestrian avoid being hit by oncoming traffic?

Car and Tractor Trailer Accidents

My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts.

In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing.

I was involved in a car accident that was the fault of the other driver, I was driving under suspension at the time will this hurt my settlement with the othe drivers insurance company?

Large Damage, Major-Serious Injury and Death Cases

Police Brutality: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it?

Will the police conclusion of an accidental shooting preclude a civil action?

I was in a fight with a bouncer and arrested for assault and disorderly conduct. The assault was thrown out but now they're coming after me for restitution due to medical bills the 'victim' suffered, yet he was uninsured and didn't file a worker's comp claim. Am I responsible for this as it would've been covered under worker's comp in Iowa? How can pecuniary damages be determined if he didn't follow the victim's compensation fund's own criteria of being a source of last recourse to establish if I even owe a dime?

Cheerleading Safety and the Law of Cheerleading

My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad.

Are there any safety standards for high school and college cheerleading coaches?

Is cheerleading a contact sport?

Workers' Compensation

My husband was involved in an auto accident while driving the co vehicle, the accident was not his fault. They made him do a post accident drug test and he failed. They fired him, but he is still under the doctors care from the accident. Is it legal to be fired until released?

I was buried in a man hole it was not up to osha regulations I have an attorney for my bodily injury but do not know about what to do about the company not following regulations and myself getting injured? I broke my collar bone and have had two surgeries. this is pretty much destroying my life since I can not work and am only getting 140.00 a week. i have lost a lot and new legal guidance

Was injured at work, can my employer take away my vacation hours banked up while I am on workers comp awaiting surgery for a broken heel for payments for health insurance plan?

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Is it legal to perform a tubal ligation without written consent?

Motorcycle Accidents

What is uninsured or underinsured motorist coverage on my auto insurance policy?

What are some of the things I’ll need to prove a car accident claim?

If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

Construction Site Accidents

If a construction worker falls to his death, what if anything can be done legally?

There is a stress tag on the lanyard I use on the construction site. What is it for?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Injury Caused by Property Defects

My sister was dancing in a casino banquet room where a band was playing. She slipped off her high heels and was dancing barefoot. She cut her foot on a small piece of glass. The casino staff was very attentive and took care of the cut and asked her to go to the ER. She did not go that night but decided to go in the morning as the cut felt worse. The ER staff removed a small piece of glass from her foot. She has sent the first bill from the doctor to the casino whom told her that they would pay for it no problem and that the check was in the mail. Three to four weeks have gone by with no check. She has since received another bill from the hospital. Now the casino said that because she was barefoot it was not their fault. A friend of hers who is an employee at the casino told her that the next day after the incident the casino had posted a sign saying to keep your shoes on at all times, or something to that effect. She lives in Illinois but the Casino is in Iowa. Is the casino liable?

If you belong to a club and besides dues they are assessing members $3,500. They say you can pay the assessment in 85 dollar monthly installments. If you quit the club in two years are you liable for the rest of the assessment?





 




Injury happens on your property -  A 15 yr old's father gave permission for his son to snowmobile @ our house and he wrecked my snowmobile after he had received instructions along with others. He caused around $10,000 in property damage and his father said to send him a bill, I don't want to but this boy was also hurt and had surgery on his hip. Am I liable?

Tenant-Landlord Relations

On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated.

Must we return a rental deposit if the property burned to the ground?

My wife wants a seperation, i told her thats fine but im not leaving the house who has to leave?

MOTORCYCLES, TRUCKS AND AUTO WRECKS

After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

WORKPLACE INJURIES

If I'm hurt at work what benefits am I entitled to receive?

Why is it important to tell my supervisor about being injured?

I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply.

WHAT IS FAULT AND NEGLIGENCE?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

How can you prove fault or negligence against a railroad? The train was stopped for a long long time and I ran into it. Are they at fault for blocking the roadway?

Can an 8 year old be found to be negligent?

PROPERTY CASES

I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?


My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.




 




My car was legally parked at a park and ride in Iowa and I returned to find it totaled. We found the suspect vehicle and it was reported stolen shortly before it hit my car. Who do I go after for damages? Can I go after the owner of the vehicle that had hit mine? I only had liability insurance.

TRIAL PRACTICE

What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

How can I make my civil trial practice more effeciient during the initial interview process?

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

DEFAMATION - LIBEL AND SLANDER

My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

BEING A CLIENT

What are ALL of my rights as a teenager? What choices can I make with out parental input?

I live in Iowa and have a "common law" marriage. What steps do I need to take to divorce my husband.

I am a recently seperated mother of2 and my soon to be exhusband has the children living with him. there is no court papers at all on custody or visitation filled. we ha arranged for me to comepick up my children this weekend but now my soon to be exhusband is refusing to let  me see them and take them for no reason. wut can i do?

General

Where can I contact Miller Fall Protection?

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