Will the driver talk to police and say what caused the loss of control and the rollover or fearing criminal prosecution will he take his Fifth Amendment right not to incriminate himself? I’m sure the Crawford County Sheriff and the Iowa State Patrol are asking questions. But are they getting any answers? The passenger’s friends and relatives will certain want answer. But will they get them? 

Drive carefully, as if your life and those riding as passenger’s lives depended on it. Because as this collision showed, it certainly does.

Blog Category:

Car and Tractor Trailer Accidents

5/4/2010
Steve Lombardi
Comments (0)

You should drive like your life depended on it.

Yesterday we wrote about a fatal crash in Henry County and today there is another similar roll-over type collision in Crawford County. In this accident a 1996 BMW rolled over and was found in the south ditch. Both the driver and the passenger were belted in, but the driver survived and the passenger died. Obviously seat belts don't always save a person's life. Some crashes are just too severe. This one occurred on Highway 141. The driver is 24 and the passenger 26. Both were young men. The date of this accident is April 24, 2010 and the time is 1724 hours or 5:24 pm.

What does common sense tell us about what might have caused the loss of control? The choices aren't all that numerous.

Drinking while driving.

Passing out or falling asleep at the wheel.

Distractions in the car.

Speed.

Tire failure or other vehicle defect.

Fooling around - a type of distraction.

Trying to avoid a deer - tire skid marks would have to indicate swerving.

Medication or other medical issues with the driver.

In this instance the only way to really know is for the driver to talk.

Will the driver talk to police and say what caused the loss of control and the rollover or fearing criminal prosecution will he take his Fifth Amendment right not to incriminate himself? I'm sure the Crawford County Sheriff and the Iowa State Patrol are asking questions. But are they getting any answers? The passenger's friends and relatives will certain want answer. But will they get them?

Drive carefully, as if your life and those riding as passenger's lives depended on it. Because as this collision showed, it certainly does.





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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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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