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Car and Tractor Trailer Accidents

6/20/2009
Steve Lombardi
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What can cause a driver to lose control on a gravel roadway in Iowa?

On June 14th 2009 Tanya Kay Morris was heading south on Osage Avenue in Jefferson County, Iowa when she lost control of her Chevrolet HHR causing her to enter the east ditch before coming back onto the roadway and overturning several times. A passenger in her car Mark Eugene Reighard died as a result of the injuries suffered in the crash and 10 year old Janecia Morris and Tanya Morris also suffered non-life threatening injuries. Charges are currently pending against Mrs. Morris and the accident remains under investigation.

I often wonder about the causes of accidents, collisions or wrecks whatever you prefer to call them. In this instance we have a driver losing control of the vehicle but there isn't really a clear or obvious explanation as to why. This is a gravel roadway but that in and of itself isn't enough. So what are the likely causes?

Speed of the car.
Inattention of the driver to changing conditions.
Driver distractions that allow changing conditions to take control of the car's trajectory.
Alcohol impairing the driver's ability to maintain control.
Activity in the passenger compartment that causes the driver to give up control of the car's operation.
A malfunction in the car's steering or braking systems.
The presence of another vehicle.
A deer running across the road.
Cattle being in the roadway.
A dog or cat being in the roadway.
The driver's attempt to avoid something in the roadway.
A rut in the road.
The building up of gravel that makes a tunnel in the road's surface.
Improper grading of the gravel.

In thirty years of practicing law I've seen more than my share of reasons or causes. As drivers we are responsible for the safety of our passengers and it makes no difference if the driver dies in the accident.






Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com
 

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 Steve Lombardi, Attorney

 




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Car and Tractor Trailer Accidents

How long should I want to hear back from an adjuster for a claim?  I was in an automobile collision where I was not at fault in Aug 2010. I suffered a broken foot where I needed surgery. The adjuster was very nice and indicated he wanted to get this settled quickly. He said I needed to wait until the doctor released me from care before he could settle the claim. In June 20, 2011, I sent him a letter with a packet of photos, copies of medical bills, pay stubs, explanation of the collision, etc. I also told him I expected to hear back from him 30 days from the date of the letter. On July 20th, 2011, He left a phone message saying he needed to get the medical bills directly from the facilities and needed to contact my health insurance for a lien (since they paid for most of my care). That was the last time I heard from him. It is now Jan 24, 2012 - over 6 months later. I did some research and found that the statute of limitations for personal injury is 6 months from now (2 years after the collision). Is waiting 6+ months to hear back from the adjuster as he collects this information Bad Faith?

Is it a valid excuse that my tire dropped off the shoulder just before I overcorrected, lost control and went over the center line, where the accident happened?

What can I do if I was involved in a car accident with no insurance? On Dec. 17th, I broke my pelvis when a car hit my car head-on. I was turning left at a green light, as though it were a green arrow in a moment of mental lapse. The truck was full speed as the light changed, as he was anticipating it as he approached. I have no insurance, and my plates were expired since I am unemployed, a single mom, and was waiting until after Xmas to take care of these expenses. I was dumb, I know, but what happens now? Am I going to be sued? How is fault determined in this case? Note: his 2003 Ford was also totaled by insurance, but he was uninjured.

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