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Lombardi Law Firm

Semi-Truck Drivers, Workers’ Compensation and the Single Vehicle Accident

Steve Lombardi
Iowa civil trial, workers' compensation and personal injury lawyer

Blog Category:
8/2/2012
Steve Lombardi
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Marshall County, Highway 330 Dyersville Truck Driver Accident - Okay, what happened in this personal injury accident and what are the likely claims? The officer’s conclusions are in his narrative: UNIT 1 WAS SOUTHBOUND ON HWY 330. DRIVER WAS COMING DOWN A HILL WHEN DRIVER LOST CONTROL OF SEMI AND TRAILER. DRIVER DROVE SEMI OFF ROAD TO THE RIGHT AND THEN THE SEMI CAME BACK ONTO THE ROAD AND THE TRAILER STAYED PARTIALLY IN THE DITCH AND PARTIALLY ON THE ROADWAY. VEHICLE THEN OVERTURNED 1 FULL ROTATION AND THE TRAILER SLID UP A DITCHEMBANKMENT PULLING THE SEMI BACK INTO THE DITCH. THE TRAILER AND SEMI THEN OVERTURNED ONTO THE DRIVER SIDE COMING TO REST FACING SOUTHBOUND.

For the untrained eye most people conclude it’s this guy’s fault, the driver’s fault, but I’m not willing to draw that conclusion. First of all we don’t know anything about how well the truck was operating, was it a well maintained truck, who owned it, were the brakes working properly and was the load secured to avoid shifting while in transit. Then I want to know more about the accident scene about what may have caused the driver to lose control.  People are people and they can be distracted for a lot of legitimate reasons. And what about the driver’s condition? Maybe the poor guy just had a heart event that caused him to lose control.

Whatever the reasons he and his estate or widow, if any, will have a workers’ compensation claim. And in this economy the first thing I’d do is commute the settlement and take a lump sum to avoid the risk of the insurance company going belly-up.

Crash Information


 

 

L
O
C
A
T
I
O
N

Date of Accident
7/10/2012

Time of Accident 
07:08 AM

County
Marshall - 64

Accident occurred within corporate limits of (city)

Law Enforcement Case Number:
2012038362

Literal Description 
HWY 330 SB .5 MILES NORTH OF MARSHALLTOWN BLVD

Legal Intervention?
No

Private Property?
No

X-Coordinate:
500006.5

Y-Coordinate
4653638.

 

U
N
I
T

1

Driver's Name - Last
ESCH

First
JAMES

Middle
RAYMOND

Suffix

City
DYERSVILLE

State
IA - Iowa, US

Zip
520400000

Driver's Age
76

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
N - Tank

Restrictions

B - Cor Lenses

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
1 - Fatal

Occupant Protection
2 - Shoulder and lap belt used

Airbag Deployment
9 - Unknown

Airbag Switch Status
9 - Unknown

Ejection
1 - Not ejected

Ejection Path

Trapped
3 - Extricated by mechanical means

Transported to:
MARSHALLTOWN HOSPITAL

Transported by:
MITCHELL FAMILY FUNERAL HOME

Insurance Co. Name
ASSOCIATED MILK PRODUCERS INC

Year
2004

Make

Model
TR

Style
8000LBS

Approximate Cost to Repair or Replace
30000

Initial Travel Direction
3 - South

Vehicle Action
01 - Movement essentially straight

Speed Limit
55

Point of Initial Impact
02 - Right Front

Most Damaged Area
09 - Top

Extent of Damage
5 - Severe, vehicle totaled

Underride/Override
1 - None

Total Occupants
1

Traffic Controls
01 - No controls present

Vehicle Config.
07 - Truck/trailer

Cargo Body Type
04 - Cargo tank

Vehicle Defect
01 - None

Driver Condition
9 - Unknown

Vision Obscured
01 - Not obscured

Contributing Circumstances, Driver (up to 2)

SEQUENCE OF EVENTS

First Event
01 - Ran off road, right

Second Event
06 - Evasive action (swerve, panic braking, etc.)

Third Event

Fourth Event
11 - Overturn/rollover

Most Harmful Event (by vehicle)
11 - Overturn/rollover

Emergency Vehicle Type
1 - Not applicable

Emergency Status
3 - Not Applicable

Carrier Name
ASSOCIATED MILK PRODUCERS INC

City
SANBORN

State
IA - Iowa, US

Zip
51248

Number of Axles
2

Gross Vehicle Weight Rating
80000

Placard #

Hazardous Materials Released?
2 - No

 

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)
11 - Overturn/rollover

Manner of Crash/Collision
1 - Non-collision

Roadway
01 - None apparent

Type

Light Conditions
1 - Daylight

Surface Conditions
1

Type of Roadway Junction/Feature
01 - No special feature

Workers Present?

 

D
I
A
G
R
A
M

0

 

 

D
I
A
G
R
A
M

1

 

 

NARRATIVE


UNIT 1 WAS SOUTHBOUND ON HWY 330. DRIVER WAS COMING DOWN A HILL WHEN DRIVER LOST CONTROL OF SEMI AND TRAILER. DRIVER DROVE SEMI OFF ROAD TO THE RIGHT AND THEN THE SEMI CAME BACK ONTO THE ROAD AND THE TRAILER STAYED PARTIALLY IN THE DITCH AND PARTIALLY ON THE ROADWAY. VEHICLE THEN OVERTURNED 1 FULL ROTATION AND THE TRAILER SLID UP A DITCHEMBANKMENT PULLING THE SEMI BACK INTO THE DITCH. THE TRAILER AND SEMI THEN OVERTURNED ONTO THE DRIVER SIDE COMING TO REST FACING SOUTHBOUND.

 

 

Officer
HOVE

Badge No.
385

Time Officer Notified of Accident
07:21

Time Officer Arrived At Scene
07:59

Name of Agency
P01

Date of Report
7/10/2012

Investigation made at scene?
Yes

T.I. #



Category: Workers' Compensation


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