Frequently Asked Questions

Below are some initial questions many clients have when they first contact Lombardi Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

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  • How much should I get from a car-bike accident resulting to shoulder surgery?

    Question Detail: March 2013 I was in bike lane, car takes right turn into me. He has accepted 100% fault. Grade 5 separated shoulder followed by an ac joint shoulder reconstruction surgery on October, 2013. I have a very large scar and my shoulder hurts daily and it's my primary right arm shoulder. I work in IT & missed about 5 weeks of work total. Was a very active 39 year old male with zero injuries, that was bike commuting for over a year and doing p90x and lifting for 4+years. Now I haven't worked out in 1o months and lost the "fun feeling" in riding my bike to work, and I'm freaked out a little about getting hit again so I drive now. This is my first injury accident and surgery. I have a trustworthy attorney but would like a 2nd opinion on amounts. I think medical is around 15,000-20,000 with attorney liens, and the insurance company's first offer is 80,000. I have no idea on how much I should be asking for pain and suffering and future medical costs. I've seen numbers in the 450,000 to 20,000 range for similar cases so I can't get a good representation of how much would be fair.

    Answer: There isn't any way to value this case without first reading the medical reports and speaking to you about what you've been through. One question you have not answered is how much work you missed, your hourly rate, overtime missed out on and reduced earning capacity are two aspects of personal injury that you seem to have forgotten. And if you brag about your lifting they will blame at least part of your shoulder problem on the weight lifting. In training for triathlons I was struck be a truck so I'm more familiar with the fear of riding on the public streets than you might imagine. You may have PTSD. Have you considered and had that evaluated? There isn't any way to answer your question in a truthful way. Schedule an appointment if you're in Iowa.

    I know what you're trying to do and frankly it won't work. Hire a lawyer who is skilled in this area; then allow them to do what they do best. Even with paying them you will still get more. If we can help give us a call, if not best of luck to you.

  • How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

    You contact the owner of the car and ask for his auto insurance contact information. Then you contact the adjuster. If they don't respond then you hire a lawyer and he/she gets their attention.

  • How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

    You contact the owner of the car and ask for his auto insurance contact information. Then you contact the adjuster. If they don't respond then you hire a lawyer and he/she gets their attention.

  • We are thinking of buying an ATV, what Iowa laws must we follow?

    The laws regulating ATV's are not extensive and some people believe they should be stricter. Their reasoning has to do with the extent of injuries young drivers and riders suffer when involved in an ATV accident.

    State Laws

    • All ATVs must be registered and titled if used on public lands, except for those used solely for agricultural purposes.
    • All registered ATVs are to receive one numbered sticker; renewal is once every year.
    • No one under 12 can operate an ATV unless on private land.
    • No one under 18 can operate an ATV on public lands unless they possess a safety training certificate.
    • No passengers are allowed on the ATV unless it is designed to carry more than one person.
    • ATV use on highways is prohibited, except to cross these roads and for agricultural purposes and then only during daylight hours.
    • ATVs operated during hours of darkness shall have lighted head lamp and tail lamp.

  • Which State Parks in Iowa allow ATV's?

    If you intend to ride an ATV, dirt bike, or an ORV on public land the ATV must be registered. Nonresidents must display an Iowa nonresident user permit. Depending on the age of the rider young drivers must complete an Iowa ATV safety course.

    OHV Parks Open to ATV and Off-road Motorcycle Use   

    Bluff Creek OHV Park: Located in Mahaska County southwest of Oskaloosa. This is a 350-acre park with most of the area accessible for riding. The area is an abandoned coal mine that has been developed into a riding area. 
    Bluff Creek OHV Park Location Map 
    Park Contact Information: Randy VanMaaren, Iowa Partners of NOHVCC, 641.969.4214 Rathbun OHV Park: Located in Appanoose County, on the southwest arm of Lake Rathbun off of Highway 142. This is a 120-acre riding area located on U.S. Army Corps of Engineers land. 
    Rathbun OHV Park Location Map
    Park Contact Information: Michael Stepnowski, South Central Dirt Riders, 641.856.3930 
    Current Rathbun OHV Park Weather Conditions: http://www.rathbunlakeweather.com/ Riverview OHV Park: Located on Hawthorne Street in Waterloo, Black Hawk County. This 180-acre park is surrounded by the Cedar River, which creates some nice riverside trails. There is a nice variety of riding throughout the park. The park now includes: 2MX tracks, a flat track, large parking lot and other features. 
    Riverview OHV Park Location Map
    Park Contact Information: Currently no park contact information available. River Valley OHV Park: Located along the Missouri River in Council Bluffs. This park is 200 acres in size and located off the highway 275 bridge. River Valley OHV Park Location Map
    Park Contact Information: Gypsum City OHV Park: Located in Webster County southeast of Fort Dodge. This is a 300-acre park with 15 miles of rolling hill trails and perimeter trails. The park also includes a 15-acre, 1.5-mile MX track, a .4-mile kids' track, and a beginner/safety training area. 
    Gypsum City OHV Park Location Map
    Park Contact Information: Rick Williams, Webster County Wheelers, 515.571.3692
     

    OHV Parks Open to ATV, ORM, and ORV Use     

    Lakeview OHV Park: Located in Johnson County north of Iowa City. From Interstate 380: Take exit 10 - F12/120th Street. Go East approximately 6 miles turn right onto Ely Road NE follow Ely Road about 1.5 miles, turn right onto 140th Street, the parking lot will be on the left. 
    Lakeview OHV Park Location Map 
    Park Contact Information: Tama County OHV Park: Located in Tama County just south of Tama on State Highway 63. This is a 300-acre park with tight wooded trails with some hills. The park includes a 15-mile perimeter trail, a kids' track, and 23 campsites (10 with electric). 
    Tama County OHV Park Location Map 
    Park Contact Information: Steve Chyma, Club SPORT, 641.484.4236 Nicholson-Ford OHV Park: Located in Marshall County on the northeast side of Marshalltown. This is a 110-acre park with approximately 20 miles of tight, river-bottom, wooded trails. 
    Nicholson-Ford OHV Park Location Map
    Park Contact Information:   To make sure this list is up to date refer to the Iowa DNR website under recreation and ATV's.

  • What rules will apply to using an ATV on public lands in Iowa?

    I'll set the rules out below. I'm writing this blog in 2011 so make sure you check the DNR site for any updates. Link to the Iowa DNR website.

    GENERAL RULES
    1.   Registrations must be current and carried on the operator or machine.
    2.   Machines must display a valid IDNR decal.
    3.   Nonresident machines must display a nonresident IDNR user permit. 
    4.   Helmets are required for all operators and passengers on riding areas and parking and loading areas.
    5.   Passengers are only allowed on machines which are designed by the manufacturer to carry a passenger.  Riding double on all other machines is prohibited.
    6.   Users of the park must comply with all posted signs.
    7.   Hours of operation are sunrise to sunset, unless posted differently.
    8.   All machines must have working brakes.  If the machine is being operated between sunset and sunrise, or in otherwise dark conditions, then the machine must be equipped with a working headlight and taillight.
    9.   All vehicles and trailers must be parked in designated parking areas and may not be left unattended in any park drive access. 
    10.  Unauthorized vehicles and hauling equipment may be towed at owner's expense.      
    11.  Operation in a careless, reckless, or negligent manner, or at excessive speeds, is prohibited.
    12.  Operation of a machine while under the influence of alcohol or narcotics is prohibited.
    13.  Sound level limits are enforced.  Aftermarket products may exceed acceptable levels (96 decibels). 
    14.  Consumption or possession of alcohol in the designated riding area is prohibited.
    15.  Pets are not allowed in designated riding areas.  They are permitted in parking areas.

    AGE CONSIDERATIONS FOR ATV RIDERS
    1.   Operators age 12 - 17 must carry a valid education certificate.
    2.   Operators under the age of 12 must be under direct supervision of an adult with a valid driver's license. 

    OPERATION WITH PASSENGERS
    1.  Number of passengers cannot exceed manufacturer's recommended capacity and the number of restraints designed and installed for the vehicle.
    2.  For an ATV or motorcycle, the passenger must be seated behind the operator and have the ability to securely hold on to the passenger handles or operator.
    3.  For an ORV, a passenger must be able to place both feet flat on the floorboards with their back resting against the seat back.  
    4.  A valid driver's license is required to operate an ATV or motorcycle when operated with a passenger.    
    OFF-ROAD UTILITY VEHICLES (ORVs) REQUIREMENTS
    1.  Operator must possess a valid driver's license.
    2.  The vehicle must be equipped with a roll-over protection system (ROPS) installed by the manufacturer.
    3.  The vehicle must be equipped with manufacturer seat belts or equivalent that are in good working order.
    4.  Passengers must wear seat belts at all times and must keep feet and hands inside of the vehicle while the vehicle is in motion.
    5.  Vehicles cannot be home built or substantially modified from the manufacturer's specifications.
    6.  The vehicle cannot be wider than 62 inches.

  • Following an ATV accident in Iowa what must we do?

    There isn't much you have to do, but you'd better do it. Fill out this report and send it in.
    Operator Incident Report Whenever a snowmobile is involved in an accident resulting in injury or death to any person or property damage amounting to $1,000 or more, the operator of the vehicle or a person acting for the operator shall immediately notify the county sheriff or another law enforcement agency in the state. If the accident occurred on public land, a designated riding area, a designated riding trail, or ice under the jurisdiction of the Natural Resource Commission, the operator shall file a report of the accident with the Department of Natural Resources within 72 hours. The report shall be on DNR Form 542-8093. All reports shall be submitted to the Iowa DNR Law Enforcement Bureau, 502 E 9th Street, Des Moines, Iowa, 50319-0034, and shall include a full description of the collision, occurrence, or other casualty. If you have any questions, please call the DNR Des Moines Office at 515-281-5918.

    District Map with Contact Information


    Operator Incident Report Form: 542-8093

    Operator Incident Report Form: 542-8093

  • Where do I sign up my son or daughter for Iowa's DNR, ATV safety school?

    You can do it online by following this link.
    1. As a student you will need to have your own ATV, a helmet that is DOT compliant, goggles or a face shield, gloves, a long sleeved shirt and pants, over-the ankle boots, the ATV owner's manual and a light snack and drink. 

    2. You will need to follow the manufacturer's ATV age rating to take the course. 

    3. Fees are $150.00 for an adult and $55.00 for a child ages 15 and younger. Remember when you buy a new ATV ask the dealer for any ATV training incentives to pay for training. 

  • What do I do with my motorcycle while the insurance company fights over the value and who is going to fix my bike?

    Just store it in your garage; try not to add to the damage when towing and transporting it there.