Iowa Edict

Video Evidence, a picture says 1,000 words

Steve Lombardi — Fri, 29 Jun 2012 04:00:09 -0600

In this case you have not only video but finger pointing between the two defendants. Read the article it’s well written and the evidence compelling.

See Video, witness describe fatal Philly river crash, CBS Channel 5 News - If you're in a rush go to 4:00.

Why not having workers' compensation insurance is really a crime

Steve Lombardi — Thu, 28 Jun 2012 10:00:51 -0600

When an employer lowers its costs to do business by eliminating workers’ compensation insurance it gives them an unfair-unearned economic advantage over those employers in the same industry who are playing by the rules. Let’s use a roofing company as an example. Roofing companies who do buy the coverage lose out on bids for work because those underbidding them and getting the work are cheating on how they’ve lowered their costs that allowed them to submit a lower bid.

To the guy playing by the rules this ought to be considered criminal because it's not just the injured worker who is getting screwed; the employers who play by the rules lose work to guys that are cheating the system, the bidding process and ultimate the honest employers. The cheaters get all of us to ultimately pay for the risks in their businesses. We end up paying for all that uncovered medical expense for injured employees.

By allowing companies to cheat the system we place those companies who are playing by the rules at a competitive disadvantage; which means we need to force everyone to play by the rules and for there to be an apples-to-apples comparison when work is being bid. We own commercial real estate and before building out a suite we make the contractor provide us with an insurance binder proving they cover workers’ compensation of their employees. One way to force compliance is for those doing the hiring to run quality control and to do as we do, ask for proof of an insurance binder. Second, society could make the GC legally responsible. Or third we could make the employee make the choice on whether the risk of injury outweighs the rate of pay by forcing disclosure. Just as I wrote yesterday, “make it a felony to not disclose in writing to employees there is no workers’ compensation coverage that has been purchased. Then the employees can decide if the risk is worth the rate of pay.”

It’s not a perfect answer but it’s a move in the right direction.

What is a culvert and why does it matter?

Steve Lombardi — Thu, 28 Jun 2012 05:00:17 -0600

When representing someone in a motor vehicle accident we tend to focus on the initial vehicle crash itself. People want to know how hard the two cars hit or how much damage was there, but the amount of the damage from that crash can be quite insignificant. Defense lawyers like to mislead the eye and make erroneous conclusions that fool the jury.

Sometimes the most significant impact occurs after the initial impact between the two vehicles. The most severe impact can occur inside the car’s passenger compartment, or outside of it or both inside and outside. I’ve had the experience of learning the hard way about how to get better at evaluating the crash sequence. As a lawyer you don’t want to focus too much on the facts as you expect them to be; instead focus on the facts as they unfolded during the crash. This is why you need to talk to witnesses, take a look at the car (assuming it’s still available and that the insurance company didn’t destroy this evidence) and visit the scene of the crash.

First Significant Impact

There are several impacts the drivers and passengers experience during and following the impact between two vehicles. I have a case in my office where the two drivers collided when the offending driver attempted to turn left of center, into my clients front driver’s side fender and then continued to impact the entire side of the car; for whatever reason she just didn’t turn away from my client after the initial impact. My client reacted by turning right to get away from the continuing impact, went off into the ditch and came into contact with a cement culvert.

Second Significant Impact

Culverts are concrete pipe that are of large or smaller sizes, are set in the ground and usually under a roadbed set perpendicular to the road’s surface. It’s sort of like setting a straw under a napkin. The napkin is the roadbed and the straw the culvert. Water on either side of the napkin can be drained from one side to the other by allowing water to flow naturally through the straw. It’s the same way for getting water from one side of a roadbed to the other or from one side of a rural driveway to the other side. These culverts allow drainage of water over miles and away from places where we don’t want water to sit cultivating mosquito beds.

If you strike a culvert it isn’t likely to move. These culverts are heavy, set in the ground, are usually in wet clay and don’t move upon impact. So when a car’s front end strikes the end of a culvert it doesn’t move and the car’s forward progress either comes to an immediate stop or else rolls or flips ass over teakettle.

Ass over teakettle is one of many variants of an expression meaning 'head over heels; topsy-turvy; in confusion'. The usual British version is ass over tip (or tit), which occurs in James Joyce's Ulysses, among other works. This form also occurs in America. For instance, in The Grapes of Wrath Steinbeck has a character say "You jus' scrabblin' ass over tit, fear somebody gonna pin some blame on you." See Mavens’ Word Of The Day.

The Third Significant Impact

That’s what happened to my client; after the car slammed into the culvert her body was forced forward and her head struck the steel window frame on the left side of the windshield causing the disc in her neck to become herniated. You could see the steel post’s imprint on her swollen forehead. These steel “windshield frames” are called pillars.

Pillars are the vertical or near vertical supports of an automobile's window area or greenhouse — designated respectively as the A, B, C or D-pillar moving in profile view from the front to rear.

In American and British English, the pillars are sometimes referred to as posts (A-post, B-post etc.).

When a car crashes with another one, forcing it off the road and into the ditch culvert, the most severe impact can be after the initial crash between the two cars. This doesn’t change liability because the injuries are nevertheless still caused by the other driver’s negligence.

Let’s look at a recent real-life example.

A recent accident resulting in a young boy’s death may have been caused when the car his mother drove went off the road’s hard surface and into the ditch where it came into contact with a concrete culvert. The mother herself is reported to be hospitalized and in critical condition.

Boy, 7, killed in Boone County accident - DesMoinesRegister.com (blog) - The car, a Chevrolet Malibu driven by Kristin Stoneburner, 32, of Boone, went off the road and into a ditch and collided with a concrete culvert about 12:20 pm, according to a report from Iowa State Patrol troopers. Jarret Stoneburner, 7, is dead.

These culverts come in all shapes, sizes and weights.

Uses for Precast Concrete Box Culverts

Water ( storm water and sewage) retention
Storm drainage
Water storage
Pedestrian underpasses
Animal crossings
Holding tanks
Utility conduit

As the driver the “impact” you’re looking for can be multidimensional and change from what you expect to what you can’t anticipate. There can be no cars for miles; a deer runs across the highway, you swerve to avoid the deer in the headlights, end up going into the ditch where you contact a culvert and end up end over end or into a rollover accident. So drivers have to stay awake and aware of not just what they see in their immediate view but ready to anticipate the unexpected and after the crash sequence starts there may be other impacts the driver is faced with trying to avoid.

30 Ways to Prove the Driver's Identity

Steve Lombardi — Thu, 28 Jun 2012 04:00:20 -0600

Recently I covered a car accident in which the driver’s identity could not be determined at the accident scene. The driver and passengers were too badly injured or fatal to make that determination at the scene.

So how do you prove who was driving? As the lawyer in charge of the case this will be your job along with many others. Today let's figure out a list of possible investigative leads you must follow.

Let’s look at a few ideas; and these are only ideas because without having the technical investigation report from the Iowa State Patrol, I’m at a terrible disadvantage. I’ll list 30 considerations for your investigation.

Interview everyone in the car.
Interview everyone listed as a witness in the ISP report.
Get inside the car and look for bags that have receipts from the same day or night as the accident; the store, many times a convenience store, will have a night clerk that watched the car pull up and may have a clue as to who drove up to the store or who drove away.
The barkeep where the car occupants drank. (assuming they did)
Interview the bar patrons to see what everyone talked about and if the driver’s identity was revealed.
Look at the car title. Who is listed as the owner?
Speak with parents of the occupants and see what they may offer.
Speak with friends and acquaintances to determine the day’s events and who drove to them.
In one recent case the imprint on a soft sandal showed the brake pedal design.
Hire an accident reconstruction expert.
Piece together the other seated positions and by a process of elimination try to identify the driver.
Determine who had a license and who did not.
Determine who in the past has been the driver.
Was anyone the designated driver?
Where was everyone lying at the accident scene?
Were there any dying declarations made right after the accident?
Interview the neighbors in the area of the accident scene.
Look for hair follicles embedded in the interior roof lining in the driver’s seated area.
Look at the foreheads of the car occupants to see if there is an imprint that will assist in locating them inside the car.
Examine the clothes of all occupants to see if there are tears or imprints that indicate position.
Read the ISP Technical Investigation Report.
Interview the State Trooper in charge of the investigation.
Interview the ambulance crew to see if they overheard anything enroute to the hospital.
Interview the emergency room staff to see if they overheard anything as they triaged the patients.
Interview the pathologist who conducted the autopsy to see what he or she found and concluded.
Interview the mortician who prepared the body for a wake.
Was there blood splattered in the interior? Whose blood was where?
Do the contents in the car assist in locating the occupants?
Are there emails exchanged either prior to or after the collision giving clues of who drove?
Don't discount Facebook postings, or Twitter or other social media admissions. You'll be surprised.

Caveat Emptor: I have not purchased a workers' compensation insurance policy

Steve Lombardi — Wed, 27 Jun 2012 09:00:22 -0600

I was asked a simple question about workers’ compensation insurance and it got me thinking about an issue that has troubled lawyers for as long as there has been work injury insurance: what do we do about employee injuries when the employer has failed to purchase workers’ compensation insurance?

Question: What do I do when I’m hurt at work but my employer doesn’t have workers’ compensation insurance?

This is a difficult issue to face as an employee. The employment is usually a high risk job like roofing or other forms of construction where the insurance industry rates the risk and the premium to purchase the coverage is way high. Too high for the young employer to afford so they go bare but don’t dare tell the employees for fear they will quit. Then all hell breaks loose one work day when someone gets hurt, usually falls from the roof and is seriously injured. The employee is shipped off to the hospital and runs up thousands of dollars in medical expense. A $25,000 surgical bill later the now dunned ex-employee finds out there is no work comp insurance, never was and it’s tough tamales for you about how to pay for the hospital charges.

First thing they do is come to my office wanting the lawyer to force them to pay. But with what and from what funds? You can’t get blood from a turnip. There is no insurance deep pocket and the employer is usually some fly-by-night operation with no money in the bank. So we tell the injured employee, you’re screwed.

Answer: That's not a good sign when the employer is admitting to not having work comp insurance. That can mean you have no coverage and your bills will go unpaid unless you have health insurance. If you do not have a health insurance policy you’ll be left with going for treatment at Broadlawns Hospital in Polk County or your county hospital in other parts of Iowa.

Bigger Picture

There has to be a way to force this issue front and center with the Iowa Legislature and to make employers disclose when they do not have a workers’ compensation policy. Maybe that’s the answer; make it a felony to not disclose in writing to employees there is no workers’ compensation coverage that has been purchased. Then the employees can decide if the risk is worth the rate of pay.

And of course the medical bills really don’t go unpaid; society pays for them in higher rates and more hospital-medical governmental subsidies. We pay them, someone has to pay them. So it’s the responsible employers who eventually pick up the tab. Tomorrow we are going to talk about why a failure to carry workers’ compensation insurance really is criminal. At least it should be to those employers playing or at least trying to play by the rules.

How do I get insurance to pay more for my car?

Steve Lombardi — Tue, 26 Jun 2012 04:00:04 -0600

The only way to get paid more is to prove the car has a higher market value. You can do that by using different used or new car valuation guides than the one used by the insurer, you can look on Craig’s List to see what similar cars are selling for and you can have a used car dealer express his opinion.

Why isn’t the insurance company paying more for my wrecked car?

Following the car accident I get calls from car owners asking why insurance isn’t willing to pay an amount that covers the cars loan plus down payment on a car they just recently purchased. It has everything to do with market value. The law requires only that insurance pay market value. If you paid more than market value for a car at the car lot, then you won’t get paid what you have into it after a car accident. And if you refinanced using the car title as collateral adding debt to the car that will also impair your ability to get the loan paid off following a car accident.

Pay me what my car is worth

Steve Lombardi — Mon, 25 Jun 2012 04:00:39 -0600

Buy a car as if you were going to be in a wreck

To avoid having a loan balance left after losing your car in a wreck, do this. When buying a car don't be lazy; research the value and then agree to pay only as much or less as you’d be paid if it were in an accident the same day you drove it off the lot. If the dealer won’t lower the price to what insurance companies would believe is fair market value, then don’t buy it.

Before you buy the car call your insurance adjuster who will insure the car to ask how much he would pay if that car were in a wreck today. And if the car dealer won’t lower the price, then walk away from the deal. Just because the car dealer paid too much for the car or wants you to pay too much, doesn’t mean it’s the fair market value. Just say no.

Why it's important that you take photos of your wrecked car or truck

Steve Lombardi — Mon, 25 Jun 2012 04:00:24 -0600

Here is what you’re thinking: My lawyer can get photos of the car; I don’t need to. Or worse you think, my insurance company represents my interests so I'll let them do the investigation; I'm sure they took some good pictures.

And that my friends is what the insurance industry and the defense bar want you to think, say and do. Nothing; do nothing and they win because the photos they take will not show the damage and the true impact. I’ve written about the need to take photos of your car and the other car especially in cases where there is a severe personal injury. What the untrained eye sees as a low impact case is distortion and delusion. Start with the injury and work your way backward to the initial impact.

Keep in mind that when you file a claim with your insurance company you are now on opposite sides of a zero sum game. Where there is a winner there is also a loser. It's sort of like in the stock market. So when you have a serious injury take the photographs or hire a lawyer to conduct the investigation.

Construction Safety isn't an accident that just happens

Steve Lombardi — Sun, 24 Jun 2012 14:00:00 -0600

In this group of news stories about construction site accidents there is some variety highlighting the risks construction workers are exposed to while on the site. Workers have enough risk of injury and death from within the construction site, but they also have to contend with people driving into the site, people that have no business being on the site. This isn’t that abnormal of an occurrence. In the past six months there was a similar accident in Johnston County, Iowa where an elderly man drove into the road construction site directly into a large piece of mobile equipment. I believe it was an end loader. As a construction worker you need your head on a swivel.

If you are injured and would like a lawyer’s assistance don’t hesitate to give us a call. 515-222-1110 or sdlombardi@aol.com.

Tunnel blast kills 20 at Chinese construction site

Atlanta Journal Constitution - AP BEIJING — A blast in a tunnel has killed 20 workers at a highway construction site in central China.

Driver killed after hitting crane at bridge construction site
WJAC Johnstown - By WJAC Web Staff State Police in Hollidaysburg say a person was killed Saturday after running through construction barricades at a bridge over the Juniata River.

Clifton man, 34, dead after falling 45 feet at Secaucus construction site
The Jersey Journal - NJ.com - By Michaelangelo Conte/The Jersey Journal A 34-year-old man died of his injuries yesterday after falling about 45 feet when the mobile “boom lift” he was operating toppled at a construction site on Meadowlands Parkway in Secaucus, officials said.

Worker, 53, dies after being crushed at Spruce Grove construction site
Edmonton Journal - EDMONTON - A 53-year-old man was killed Tuesday after being crushed by an electrical panel at a Spruce Grove construction site.

OSHA concerned about NJ construction site falls
BusinessWeek - It's investigating four recent accidents in northern Jersey, including one where a worker fell through a roof into a vat of acid in Clifton, and another where a worker fell from the roof of a residential construction site in Bayonne.

Man falls four floors at construction site
Ninemsn
A man is fighting for his life after falling four floors at a construction site west of Brisbane. The Department of Community Safety says paramedics were called to the Bundamba construction siteto assist the man, who landed on scaffolding

Another Gas Explosion Accident

Steve Lombardi — Sun, 24 Jun 2012 11:59:37 -0600

The fireball was enormous and if you haven’t seen it go to “Update: Natural gas pipeline explosion rocks NW Iowa farm. I couldn’t find this accident on YouTube, but there was one from Appomattox, Virginia.

Natural Gas pipeline explosion rocks NW Iowa farm, KTIV
UPDATE: Natural gas pipeline explosion rocks NW Iowa farm

And from Dallas, Texas from 2007

A propane tank explosion from 2009 in Norfolk, Nebraska.

Here is an overturned fuel truck that explodes.

In this one a train accident with

In Massachusetts a gas tanker rollover and resulting fire.

Texas Storage Tank Explosion - And in this one several an explanation of what water can do to create heat, steam and further injury.