Burlington, Iowa - You've got three teenage passengers and driver. They are driving without headlights and approaching the railroad tracks where a BNSF Railway locomotive is quickly approaching. The police officer turns on her overhead patrol lights, the crossing arm activates and comes down, the driver jumps out and runs pell-mell right in front of the oncoming train does a hop, skip and jump to safety while successfully eluding the police officer. The driver forgot one thing though, to put the car in park. The only thing stopping it from rolling onto the tracks was the officer blocking its path with the City of Burlington cruiser. Badda bing, we gotta crash. Take a guess at whether or not alcohol was involved.

Blog Category:

Car and Tractor Trailer Accidents

4/6/2010
Steve Lombardi
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What were they thinking?

Burlington, Iowa - You've got three teenage passengers and one young and dumb driver. They are driving without headlights and approaching the railroad tracks where a BNSF Railway locomotive is quickly approaching. A police officer sees them, turns on her overhead patrol lights, the crossing arm activates and comes down, the driver jumps out and runs pell-mell right in front of the oncoming train. To complete his daring escape he does a hop, skip and jump to safety while successfully eluding the police officer. The driver forgot one thing though, to put the car in park. The only thing stopping it from rolling onto the tracks was the officer blocking its path with the City of Burlington cruiser. Badda bing, we gotta crash. Take a guess at whether or not alcohol was involved.

I've got an interesting story from past personal injury case. It involves a railroad violating the law and a bunch of pretty young teenage girls tired of waiting for the train to move from blocking the intersection. A train in east Des Moines blocks the tracks for a long time. Back then by law the railroad could block an intersection for no more than 20 minutes. This one is going on 40 minutes and some teenagers needing to get home to study finally tire of waiting and begin to jump across the tongue that couples one car to the other. Just as the pretty young gymnast gets half way over the tongue the train begins to move.

If you've ever watched trains move you'll know it's not a smooth transition when the cars begin to move forward. There is a back and forth jerking motion that takes place. So as she is just half way over the tongue, the jerking motion causes her to lose her balance. The loss of control allows her foot to slip and it falls in between the open coupling. You guessed it she losses half her foot.

If trains are anything they are unforgiving. And you guessed it the railroad paid damages to the young girl. Hopefully she went to college on the money we got for her.





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




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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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