The Verdict

Motorcycle Accidents

• Motorcycle Safety: Motorcycle Crash near Creston Kills Driver
• Iowa Motorcycle Collisions, Causes and Injuries
• Motorcycle Safety – It’s about watching out for the unexpected and paying closer attention – and not just for those on the motorcycle.

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Construction Site Accidents

• Freak accident on Indianapolis road construction site.
• Construction Site Safety - Collapsing Scaffolding injures six and kills one Mississippi worker.
• Construction Site Safety - ROPS and why you need them.

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Car and Tractor Trailer Accidents

• Highway Safety: Negligence has no conscience.
• Highway Safety - A Primer for the public on U.S. Bridge Safety Information
• Truck Accident Prevention: Garbage truck backing over woman may be an accident but it is preventable.

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Groundskeeper and Maintenance Workers

• Grounds Maintenance Safety: Zoo worker fails to follow correct procedure, Rufus dies from ruptured liver.
• Maintenance worker killed misusing grounds keeping equipment

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What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

• Wrong-site or wrong-side Surgery - Irish Times reports healthy kidney removed by surgery.
• Beth Israel Medical Center reaction to wrong-site surgery becomes class discussion at Darmouth
• President and CEO of Beth Israel Medical Center in Boston takes the high road on wrong-site surgical mistake involving incorrect body part.

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Large Damage and Major/Serious Injury Cases

• Iowa City woman working on Colorado construction crew run over
• Iowa News: Priests in Iowa’s Roman Catholic Diocese determined by review board to have engaged in inappropriate conduct
• Food Safety: Halloween candy made in China wins the scariest ghost costume.

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Workers' Compensation

• Where have all the lawyers gone? We need more lawyers in the legislature.
• Work Comp - When did the willingness to work hard become a crime?

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Injury Caused by Property Defects

• School Safety: The Lab, What are the teacher’s responsibilities?
• School Safety: How to avoid being injured in the science laboratory

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Deforming Civil Rights through Tort Reform

• School Safety: The Lab, Why do teachers and students have responsibilities?
• It's new and improved and they call it the New Improved Constitution Lite - The Tobacco Institute's Cigarette Constitution
• Tort Reform - Is your conscience bothering you Dr. Wax?

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General - Rants - Raves and Housekeeping

• Victoria's Secret Thong Suit is about lawyer mentoring

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Motorcycle Accidents

• Determining fault when the cause of the motorcycle crash is listed as a "loss of control".
• Hit-and-Run Wrecks - Is this an old problem with a new twist?

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Workplace Injuries

• University of Iowa employees who are accused violating HIPPA are given the boot.
• Croc, Croc, Croc, Croc, Croc not just a Crock

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Wrongful Death Cases

• Storm damage and a falling tree limb

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Nerve, Brain and Spinal Cord Injuries

• A fall from 20 feet is enough to cause trauma to the spinal cord.

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Construction Site Accidents

• Blahnik Construction fined by Iowa- OSHA for Quaker Oats Work Injuries Incident - Sling Safety

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Unsafe Products

• Unsafe Products - Transvaginal Placement of Surgical Mesh

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Property-Injuiry Cases

• School Safety Commentary - Controlling a parent's exposure to risks posed by sending treats to school
• School Safety - Peanut allergies and school treats - Parent liability
• School Safety Month at Lombardi Law Firm and the InjuryBoard

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Trial Practice - Mostly for lawyers

• What you did was stupid and now God is punishing you.
• Compelling an expert witness to testify.

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Trial Practice - Moslty for non-lawyers

• Family Law – Broken Heart – Must I Give Back the Engagement Ring?
• Locating a person whose gone out of business
• The Deposition - Being a deponent.

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General

• Politics - Des Moines Register endorses Congressman Braley
• Computer Safety - Why should I take the time to read this websites Terms of Service Agreement?
• Melamine in babies milk for profit caused kidney failure and a loss of enjoyment of life in Chinese children.

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Client Toolbox

Workers' Compensation

• Revisiting the Going and Coming Rule in Iowa

Trial Practice

• InBrief: Medical Billing Tricks of the Trade Part 1
• Hospital Billing: Tricks of the Trade Part II
• Inadvertent Disclosures and the Attorney-Client Privilege in the Electronic Age
• CaseMap, Assisting Litigation
• Negotiation Techniques in Litigation

Attorney Toolbox

• Attorney Toolbox
• Attorney Toolbox: Conflict of Interest Research for Attorneys of Insurance Company Captured Law Firms

FAQs

Motorcycle Accidents

If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

What are some of the things I’ll need to prove a car accident claim?

After a motorcycle crash what is the most important thing to do?

Construction Site Accidents

No one is using fall protection on the construction site. What should I do?

The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Car and Tractor Trailer Accidents

What are some of the things I'll need to prove a car accident claim?

My wife commutes from an Iowa office to a South Dakota satellite office. Several employees drive together in a company owned vehicle. The girls randomly take turns driving. I'm wondering what the liability is for the driver in the event of an accident. Not only pertaining to damage to the company car but also to the other passengers, other vehicles and or property.

Large Damage and Major/Serious Injury Cases

What bills and expenses can I include in my personal injury case?

How do I know if I’m being overcharged for medical charges?

I don’t think we need a lawyer at this point but we do need information about what to expect with my son’s brain injury. Where can I go for information?

Workers' Compensation

During a hip replacement surgery on my husband four years ago a metal band was placed on his lower femur that we were not informed of and this was discovered during a recent doctor's visit. My husband has experienced pain in this area since the surgery and the doctor believes this band is causing the pain. Should we have been informed by the surgeon that the band was placed there and the reason for it?

I retained a lawyer for a workers comp injury-was receiving benefits before he was hired-now all of a sudden he wants me to give him a perecntage of my weekly benefits. I have not signed any form giving him permission to do so but he has also had the check made out in his name and mine and sent to him. How ethical and legal is this practice? Our contract at first was for a third of the settlement.

Why would my attorney have my workers' compensation checks sent to the lawfirm? Why can't the weekly checks just come directly to me?

Injury Caused by Property Defects

I fell on ice at someone’s property along the sidewalk. They hadn’t kept it shoveled and a drain caused the melting snow to go across the sidewalk, then it turned to ice when the sun went down. How long do I have to bring a claim?

I had a friend staying with me and things went sour. She moved out and left her things. She wants to get her stuff but I would rather pack for her so nothing of mine is stolen. She said she is bringing the police. Is it legal for her to enter my home without my permission if her things are inside?

MOTORCYCLES, TRUCKS AND AUTO WRECKS

After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

WORKPLACE INJURIES

If after returning to work I reinjure myself will I be entitled to additional workers' compensation benefits?

Why is it important to tell my supervisor about being injured?

If I'm hurt at work what benefits am I entitled to receive?

WHAT IS FAULT AND NEGLIGENCE?

What do the lawyers mean when they talk about negligence? They also use the word "fault" and I'm not sure what that has to do with how much I'm going to recover.

If while driving under the speed limit, I rear-end someone in a rain storm will they consider me at fault for the accident? I've seen two PI lawyers who say the driver was at fault. What should I do?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

PROPERTY CASES

There was an ice storm that hit my area of Iowa and a limb from my tree hit my neighbors garage. it only put a small hole in the overhead garage door and dented the rain gutter. to what extent am I liable for that damage? is it my responsibility to pay for repairs or is that her insurances responsibilty? Is this an act of God?

TRIAL PRACTICE

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

How can I make my civil trial practice more effeciient during the initial interview process?

What does it mean to be a trial lawyer?

DEFAMATION - LIBEL AND SLANDER

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

What do I need to prove?  What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?

BEING A CLIENT

I'm on long term disability (LTD) and am being told benefits are going to stop because my diagnosis has changed. The insurance company refuses to tell me why. Am I entitled to know why? Is there something wrong with me asking for an explanation?

What is the best way to communicate with my lawyer?

What if my lawyer doesn’t return my phone calls or email questions?

General

Where can I contact Miller Fall Protection?

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The Lombardi Law Firm Blog

Blog Category: All CategoriesCar and Tractor Trailer AccidentsConstruction Site AccidentsDeforming Civil Rights through Tort ReformGroundskeeper and Maintenance WorkersInjury Caused by Property DefectsLarge Damage and Major/Serious Injury CasesMotorcycle AccidentsWhat do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?Workers' CompensationConstruction Site AccidentsGeneral - Rants - Raves and HousekeepingMotorcycle AccidentsNerve, Brain and Spinal Cord InjuriesProperty-Injuiry CasesTrial Practice - Moslty for non-lawyersTrial Practice - Mostly for lawyersUnsafe ProductsWorkplace InjuriesWrongful Death CasesGeneral

Car and Tractor Trailer Accidents

6/23/2008
Steve Lombardi
Comments (0)
Stopping over the crest of a hill can be negligence.
Once again today we visit the issue of negligence or fault under Iowa’s comparative fault statute, Iowa Code Chapter 668. Today’s act is stopping on a highway. A driver could be found to be negligent if they stop over the crest of a hill. That means simply coming up over a hill and then stopping on the downside out of sight of oncoming traffic. Stopping in such a location doesn’t allow oncoming traffic the opportunity to have sufficient time to stop. If the driver in this condition is faced with an emergency a first impression would be to excuse the situation. But that isn’t always the case. If the driver of the stopped vehicle has time to exit the car and then to warn other drivers it could still be considered negligence. If they do try to warn, but fail to do enough to warn other drivers of the stopped vehicle it too can be an act of negligence.
There is a story being reported where an elderly woman for no explained reason stopped just over the crest of a hill on U.S. Highway 34 east of New London in southeastern Iowa. She was sitting in her car when a National Guard bus crested the hill and struck her vehicle. The bus driver stated he could not stop in time to avoid striking the vehicle. The woman died in the ensuing crash. A further investigation is necessary to try and explain the reasons she stopped. If it were a heart event then she would certainly be excused under the doctrine of sudden emergency.
Most of us think of negligent acts in terms of who was the one striking who. But in this instance it’s the person being struck that is the negligent one, or so it appears. Although this is an unfortunate accident it does demonstrate a point about negligence and fault and for no other reason we discuss it.
Of course the other party can always argue about speed, time and distance issues involving the bus driver and whether his acts amounted to negligence, but that is for another day.
Read More about "Stopping over the crest of a hill can be negligence."


Labels:negligence fault auto collision accident

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Lombardi Law Firm
Three Fountains Office Park
4200 Corporate Drive, Suite 112
West Des Moines, IA 50266

Toll Free: 800-383-0331
Phone: 515-222-1110