Des Moines Personal Injury Lawyer - Motorcycle Accidents

TBI Can Cause Personality Changes, Criminal Behavior

Steve Lombardi — Mon, 19 Oct 2009 10:09:00 GMT

On September 23, 2009, Bruce Mundy, riding a motorcycle was allegedly struck by Santos Vidal Rodriguez, age 26 who is reported to have been driving an SUV, according to the Des Moines Register. Santos Rodriguez and his brother Orlando David Rodriguez, age 23 left the Casey’s on Park Ave. allegedly without paying for $27 worth of gas. Both brothers are charged with second-degree robbery as well as vehicular homicide. Their Class C felony could result in up to 10 years in prison. If drugs or alcohol are found in the drug tests, which are still being run they could have up to 25 years in prison. It is being speculated whether Santos Rodriguez will be charged with an alleged role in the 1999 shootout in Des Moines (mentioned in the previous blog). Stay tuned for updates.

If this is true how does anyone make sense out of $27 worth of gas being worth the risk and all the damage it can cause? All I can say to those stealing gas, get a job. And don't tell me you can't find one. Make one by creating a business, mowing lawns, plowing snow, cleaning houses or offices; just work. The driver of the motorcycle has a HUGE civil lawsuit against the driver and probably the passenger who is alleged to be an accomplice in a criminal act that led to an accident and death of another person. I wonder if the driver was married and had dependent children.

Now all of that said there is a component to this case that will surely be explored in the criminal case: The driver's previous traumatic brain injury and whether it's caused a change in personality involving a lack of inhibition. That lack of inhibition is what can cause seemingly law abiding people to behave in ways contrary to the criminal laws. After a brain injury a person can have two types of changes: personality changes and a lower cognitive functioning. If someone you know suffers a head injury and then exhibits irrational behavior they may need evaluation and treatment.

Did this driver suffer a brain injury and a change in behavior? That's the question the defense team will have to explore.

How many people have TBI?

TBIs contribute to a substantial number of deaths and cases of permanent disability annually.

Of the 1.4 million who sustain a TBI each year in the United States:

50,000 die;
235,000 are hospitalized; and
1.1 million are treated and released from an emergency department.¹

Among children ages 0 to 14 years, TBI results in an estimated:

2,685 deaths;
37,000 hospitalizations; and
435,000 emergency department visits annually.¹

The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

For more information about TBI in the United States, including the groups at highest risk, CDC’s surveillance activities, and the numbers of TBI cases in each state, see Overview.

Originally posted at InjuryBoard by Steve Lombardi

Motorcycles and deer don’t mix

Steve Lombardi — Thu, 17 Sep 2009 14:01:00 GMT

Two people were injured when the motorcycle they were on ran into a deer west of Craig. The collision occurred on Sunday night in Plymouth County. The report describes the riders being on K-22 near the intersection of C-12 when the deer suddenly came into their path causing the crash.

Both the driver, Todd Popken, 43 and the rider, Tammy Popken, 41 were taken to the hospital. I’m not sure there is any good way to hit a deer while driving a motorcycle. But knowing when it’s more likely to happen and wearing protective gear are good ideas. First these two people were said to be wearing helmets and other protective gear, a small detail that likely saved their lives. Second, deer tend to become more active, to move, at dawn and dusk. So be on the lookout. As fall approaches and the corn is taken in during the harvest they will become more active as the corn fields where they hide are harvested. Be on the look out and drive slowly.

I wonder if those little deer whistles people place on their car and truck bumpers would work for motorcycles. If you try it and it works, let me know. Leonard Askham, former WSU Associate Professor and research scientist says these animal-deer warning devices don’t work. Roy Truelsen, The Internet BMW Riders agrees, see, Deer Whistles, They Don’t Work!

On this video, the expert has a Boston hat on, so he must know what he’s talking about.

http://www.youtube.com/watch?v=_l4F9vrmtQQ

http://www.youtube.com/watch?v=VswDXUNzOkI

Originally posted at InjuryBoard by Steve Lombardi

Texas Motorcyclists Injured and Killed By Turning Trucker

Steve Lombardi — Sat, 25 Jul 2009 14:19:00 GMT

A Texas man, Vernon Newsom of Mansfield, Texas died in a motorcycle accident in or near Geddes, South Dakota as a result of a driver turning without first making sure it was clear to do so. Newsom, with his wife on the back attempted to pass a truck, as he started passing the truck started to turn causing him to have to take to the ditch where he was killed and his wife suffered life-threatening injuries.

In Iowa it’s referred to as the duty of due care. You can’t start a turn without first looking and making sure it’s safe to do so. Each driver also has a look out duty. You must look before you begin a turn. In this case it doesn’t appear either was correctly performed. I’ve come across three people in the last two days almost causing accidents/wrecks/crashes as a result of being on the cell phone and holding it up with their left hand so that their hand and arm cover their peripheral vision. Stupid is as stupid does.

Originally posted at InjuryBoard by Steve Lombardi

YAMAHA and the ATRA might ask: Why are there so many personal injury lawyers?

Steve Lombardi — Wed, 17 Jun 2009 10:14:00 GMT

This is the headline the American Tort Reform Association would write:

Iowa motorcyclist, out for a Sunday driver in Cedar Rapids clocked on radar at over 164 mph!

Greedy trial lawyers to blame!

Poor Yamaha being put out of business by greedy trial lawyers who blame everything from bullets causing a few deaths to cigarette smoking causing lung cancer!

Who will they sue next? Poor Bernard Madoff? Help us to help Bernie!

Kill a trial lawyer!

Okay, enough foolishness from me, but it gets me angry to have to listen to the tort reform associations preach about injured people taking responsibility and yet you never hear those same organizations talk about corporate responsibility. Let's get to today's news story because that's exactly what it is about - corporate responsibility or the lack thereof.

This story starts in Cedar Rapids, Iowa aboard a very fast motorcycle. What does a 2002 Yamaha YZF-R1 motorcycle have in common with a jet? Well apparently a jet can travel at speeds of 164 mph but not in a city and not so close to the ground. Kyle Russell, just 20-years-of-age knows what it feels like to go from zero to 164 mph in less than 9 seconds. And apparently the Cedar Rapids police weren’t especially impressed with his prowess for going faster than a speeding bullet. Seems how several motorcycles going 104 mph were caught on radar. They split up but a police helicopter kept up with one catching him on radar going 164 mph. It’s reported he was found hiding in a boat when they caught up with him. And I though Superman changed his clothes in a telephone booth?

What, if anything does a crotch rocket have in common with an assault rifle? Well both can kill you along with innocent bystanders.

Take 28 seconds and run through the gears of a YZF-R1.

I have to wonder, what responsibility does Corporate Yamaha take for setting a good example for the young buyers that might just get the wrong idea about using the speed of one of these crotch rockets on city streets?

It would certainly help if someone could point out to me how those greedy trial lawyers are involved with selling a motorcycle that has a top speed of +/- 160 mph and is spec-ed out for city driving.

Is it really 160 mph or more like 200 mph? You be the judge.

http://www.youtube.com/watch?v=3ty-7bTId5M

"Comment and rate this video, please. This machine does 0 - 200 km/h in almost 9 secs.. and goes ahead to 305 km/hr!"

305.0 km/h = 189.51 mi/h

Top Speed Video on this city driving machine:

http://www.topspeed.com/motorcycles/motorcycle-reviews/yamaha/2009-yamaha-yzf-r1-ar63535.html

But one has to wonder, can a Yamaha YZF-R1 motorcycle really go 164 miles per hour?

http://www.youtube.com/watch?v=5MfTSxobwYc

FYI: How fast were they going when they cut off your soccer mom car load of kids?

According to Convert-It, 305 km/hr is the equivalent of 189.51821363238685 mph.

And 164 mph is the equivalent of 263.932416 km/hr.

Foolish is as foolish does.

According to Motorcycle Magazine, here are the specifications:

TECH

Price

$12,390-$12,490

Engine type

l-c inline-four

Valve train

DOHC, 16v

Displacement

998cc

Bore x stroke

78.0 x 52.2mm

Compression

12.7:1

Fuel system

Mikuni EFI

Clutch

Wet, multi-plate slipper

Transmission

6-speed

Claimed horsepower

178.4 bhp @12,500 rpm

Claimed torque

84.5 lb-ft @ 10,000 rpm

Frame

Aluminum twin-spar

Front suspension

43mm Soqi inverted fork with adjustable
spring preload, compression and rebound
damping

Rear suspension

Single Soqi shock with adjustable spring
preload, high/low-speed compression and
rebound damping

Front brake

Dual Sumitomo six-piston radial calipers,
310mm discs

Rear brake

Single Nissin one-piston caliper, 220mm disc

Front tire

120/70-ZR17 Dunlop Sportmax D210F

Rear tire

190/55-ZR17 Dunlop Sportmax D210F

Rake/trail

24.0 deg./4.0 in.

Seat height

32.9 in.

Wheelbase

55.7 in.

Fuel capacity

4.8 gal.

Claimed wet weight

454 lbs.

Color

Team Yamaha Blue/White, Raven/Candy Red,
Pearl White/Rapid Red, Cadmium Yellow/Raven

Available

Now

Warranty

12 mo./unlimited mi.

Contact:
Yamaha Motor Corp. USA
6555 Katella Ave.
Cypress, CA 90630
800.962.7926
www.yamaha-motor.com

Verdict 4.5 stars out of 5
The most effective, accessible and charismatic literbike we've ridden yet.

Is the question: Why are there so many personal injury lawyers?

Or should the question be: Why are there so many personal injury accidents?

What does the American Tort Reform Association and the U.S. Chamber of Commerce have to say about Yamaha selling a motorcycle for city driving, a bike that can reach speeds of almost 200 mph?

Answer:

Originally posted at InjuryBoard by Steve Lombardi

“Let’s start at the end because you can’t tell a story unless you know where it’s going.”

Steve Lombardi — Mon, 04 May 2009 10:45:00 GMT

My news alerts picked up this question and answer in SaddleBag World about the debate on whether helmets for motorcycle riders should be mandatory. This is tort reform we could really use. I’ll say right now with so many other issues that need discussing I’m hoping not to have to go through this summer discussing this issue ad nauseum. The anti-mandatory-motorcycle-helmet argument is that we have a right to choose not too wear a helmet to protect our brains; which makes no sense to me and having worked with brain damaged clients over the past 30+ years you won’t persuade me that asking bike riders to protect their brains is a position that I should abandon. Simply stated you can’t argue me out of the position that riders should wear helmets or else the legislature should make wearing a helmet mandatory.

Read what this brother says about his brain damaged brother; it rings true with my experience dealing with brain damaged clients.

SaddleBag World

Why isn’t there a Motorcycle Helmet law in every state?

by admin on April 27, 2009

QUESTION: My brother was in a motorcycle accident in October. He has an Traumatic Head Injury and left leg that was broken in many places. There's only me and my sister who are picking up the pieces of everything. Not many places in Iowa to help him be rehabilitated. It has been an awful experience to watch your brother through this whole motorcycle accident.

I would never want any other family to be put in this position. Do you have any other suggestions? Other than point out how there should not be any Helmet Law. Thanks.

ANSWER: Because it should be a personal choice as it affects only rider directly. You can argue the use of half helmets, 3/4's or full face. If it is mandatory then full face is the most protective but it will PO people who like the other helmets. Some complain any helmet restricts vision & hearing: they say no helmet is safer. I say make up your own mind. Who am I to says what you should wear? Who are the law makers to say what you should wear? It's another freedom taken away from you. Maybe one day the law makers will decide that riding a motorcycle is too dangerous and ban it completely…think about THAT!!!!!

The response is just the same old tired arguments about the risk of brain damage is a personal choice. If that's true then shouldn't suicide be a choice eveyone can freely make?

He adds that freedom is the right to risk brain damage and that no one should have the right to tell someone else what to do. That is a desperate and lame argument lacking an understanding of how the real world works. When the risks are large and the costs significant society always has the right to tell us what we will and won’t do. Not wearing a helmet risks irreversible brain damage burdening not just society but as this young man explains the rest of the family that were not asked about whether their brother should wear a helmet. Traumatic brain damage doesn’t just affect the brain damaged person. No, the motorcycle rider with the brain damage is mostly oblivious to the burden he or she has created on the rest of the family. The burden isn’t just financial it’s a time burden as well. Severely brain damaged men and women need to be babysat.

A client once explained it to me this way. I asked her if taking care of her husband was like taking care of a child. She answered, “No. A child can learn from their mistakes.”

Is that what you want to risk? Being totally dependent on others isn’t any fun for the brain damaged person, it’s frustrating; especially if they can remember what they used to be like and the freedom they did have to do what they wanted when they wanted. Freedoms like these:

Freedom to cook without forgetting to turn off the stove and burn the house down.
Freedom to drive without being distracted by the radio station dial and sideswiping three parked cars.
Freedom to work on your engine and knowing the sequence of putting it all back together so it will run.
Freedom to go to Iowa State University and receive an education; not to flunk every class they take.
Freedom to be in a bar with other college students and not wonder why they are being stared and smirked at.
Freedom to manage their own money and not having to ask a sister or brother for permission to spend the Social Security Disability benefit check they’ve been able to save.
Freedom to go to the Biker Week 2009 in Daytona.
Freedom to attend the 69th Annual Sturgis Rally.

This freedom to choose is an old and tired argument by people, including lawyers, who are pandering to unrealistic and irrational thinking for the sake of doing business with you. It’s shameful to say the least.

I was traveling in Argentina this past January and saw a movie titled, The Lookout. It’s about the life of a young man who sustains brain damage from a car crash. Jeff Daniels plays the brain damaged young man’s blind mentor and as he re-teaches Chris how to live, he states, “Let’s start at the end because you can’t tell a story unless you know where it’s going.” I suggest you watch it because the dependence you will carry on your back as a brain damaged person who once rode a bike is nothing near the freedom you want.

http://www.youtube.com/watch?v=RFKRYBgjaYE

The Lookout marks Academy Award®-nominated screenwriter Scott Frank's (Out of Sight), directorial debut. The intelligent crime drama is centered around Chris (Joseph Gordon-Levitt, Mysterious Skin), a once promising high school athlete whose life is turned upside down following a tragic accident. As he tries to maintain a normal life, he takes a job as a janitor at a bank where he ultimately finds himself caught up in a planned heist. The film also stars Jeff Daniels (The Squid and the Whale), Isla Fisher (The Wedding Crashers), Matthew Goode (Match Point) and Carla Gugino (Night at the Museum).

A law school professor asked his class why is suicide illegal? Good question and it was hotly debated. Final answer: Because everyone owes society their best effort, intellectual capital and labor. In other words we are in this together. As the weather warms up remember to wear your helmet my brothers and sisters and ignore those shouting about personal freedom and choice as if it were some God-given right. It's not and will never be.

Originally posted at InjuryBoard by Steve Lombardi

Stale medical bills,

Steve Lombardi — Tue, 10 Jun 2008 07:16:00 GMT

QUESTION: I was asked a question about stale medical bills and it seems to be a reoccuring problem. The question has to do with stale medical bills and a delayed billing by the medical service provider. The billing was not originally made and when it was, six years later, it was too late to file with the responsible parent's health insurance carrier. What do you do when a medical service provider bills you six years after providing medical care? Do you still owe for the service provided? What if you can't now pay them?

Previously I've had to address this same problem. The billing company came after the parent five or more years after the services were rendered. More often then not the delay puts the responsible parent outside of the allowable period for filing a health insurance claim with your insurance company. Generally most health insurance policies provide no bills would be covered after 12 months. The bills were created for care for my children and ex-wife who never turned them into my insurance or advised me so I could do it. When she filed for bankruptcy they came after me. Quite a surprise and no way was I paying them. The Judge agreed with me. He ruled the hospital and other medical service providers had a duty to turn the bills into my insurance company or to advise me within a reasonable period of time after the service or forgoe charging me as the parent. A reasonable period of time he determined to coincide with the health insurance contract one year provision. Besides that the proof stunk. The HIPPA forms were on blank paper and did not include the box descriptions to show what the amounts or numbers corresponded with. Without that proof everyone was left to guess. Okay enough talking, good luck in California. Steve Lombardi

--------------------------------------------------------------------------------
Create a Home Theater Like the Pros. Watch the video on AOL Home.

Originally posted at InjuryBoard by Steve Lombardi

New Brain Injury Unit in Irene, South Dakota

Steve Lombardi — Tue, 03 Jun 2008 07:19:00 GMT

http://www.yankton.net/stories/012308/com_239095375.shtml

Wednesday, January 23, 2008
Story last updated at 1:05 am on 1/23/2008
New Brain Injury Unit Opens Possibilities In Irene

By: Randy Dockendorf
randy.dockendorf@yankton.net

TARA SCHUMACHER/P&D Becky McManus, the administrator of Sunset Manor/Avera in Irene, shows the floor plans for Sunrise Villa, a traumatic-brain injury unit scheduled for a mid-July opening date.
Click to view the Slideshow

IRENE - Besides dealing with their current physical challenges, South Dakotans recovering from traumatic brain injury (TBI) are forced to travel out of state for long-term treatment.

That will change this year through a new partnership involving the state and private parties.

Irene, a town with about 500 residents, will become home to South Dakota's first long-term care facility specifically designed for TBI patients. Sunset Manor/Avera in Irene, a skilled nursing home, will renovate its former independent-living facility for the TBI center.

The TBI unit is a collaboration among the South Dakota Department of Social Services (DSS); Village Northwest Unlimited of Sheldon, Iowa, which has offered a TBI program since 1985; and Ability Building Services, Avera Health and Avera Sacred Heart Hospital of Yankton.

Sunset Manor/Avera was chosen because of its location and facility, said Tony Erickson, executive director of Avera Sacred Heart Senior Services. State officials had sought proposals for the TBI center from facilities around South Dakota.

"Not only is this part of our mission, but we have very suitable space at the (Sunset) Manor that would work well for this type of care model," he said.

Plans call for the TBI unit - known as Sunrise Villa - to open by mid-July after undergoing a projected $500,000 in remodeling, said administrator Becky McManus.

"This is a wonderful opportunity for the community of Irene," she said. "This will enable patients with traumatic brain injury to live in a community setting. The units are specifically equipped to meet the needs of these individuals and will be designed by a variety of consultants experienced in TBI care."

Motor vehicle accidents, war injuries, radiation for brain tumors, anoxic brain injury, stroke and many other different scenarios can leave people with brain injuries, she said.

"It's very individualized," she said. "In one case, it could be blurred vision and an unsteady gait. It's not necessarily someone in a wheelchair."

The Irene center will develop criteria for accepting residents but will be geared toward younger adults, McManus said. The patients will be individuals whose injury occurred after age 21. The length of stay will depend on the individual's goal for future living.

"A car accident is usually the number one reason of TBI in a younger population," she said. "When you talk about TBI in young adulthood, a lot of people think you need to move them into a nursing home. But at Northwest Village, they told us that younger people are really happy when you separate them (from older residents). They are happier with their peers."

A recreational therapist will gear the center's activities toward younger residents, McManus said. "We are talking about a pool table and exercise equipment," she said.

The facility will house up to eight TBI patients in one-bedroom apartments, McManus said. Each apartment will feature a kitchenette, refrigerator and microwave in addition to a fully-accessible bathroom.

But even the new facility will fall short of meeting South Dakota's needs, McManus said. "There are well over 20 people who are out of state who could utilize this facility," she said.

However, the Irene facility marks a good start, said DSS Secretary Deb Bowman. Besides allowing patients to remain closer to home, the state will keep Medicaid funds in South Dakota which are now used to place TBI patients with out-of-state providers, she said.

"There has been a need for this in the state for quite some time," she said.

When the state put out a request for proposals, Avera provided the plan that was chosen, Bowman said.

"Avera really stepped up to the plate, helping us work through several issues," she said. "When we approached them about this project, their response was, 'What can we do to help?'"

The new facility could create as many as 15 new jobs, ranging from nurses and certified nursing assistants to a recreation therapist and possibly a social worker, McManus said. The additional staff will provide a major boost to local employment, she said.

The TBI unit will offer occupational, physical and speech therapy, McManus said. "We will help (patients) do the day-to-day things that most people take for granted," she said.

The ability to remain closer to home will have a major positive impact on the TBI patients, McManus predicted.

"People like to be near their family and friends," she said. "When you are far from home, you tend to lose that feeling of closeness. Now, you won't have to travel 2 1/2 hours to see someone at Christmas or any other time of the year."

Irene residents are happy to help fill a tremendous state need, said Irene Development Corporation president Cleo Waters.

"Hopefully, that family will come to visit (their resident) as a guest. I would especially like it if you had a loved one at the facility, and you could come to town and live close to them," she said.

"It's an exceptionally nice place and a needed place. This will be more centrally located for a lot of people. That can't be anything but good."

At the same time, local residents see the facility as a boon to their community, she said.

"As a development corporation, we are really excited and really happy about it," she said. "This is absolutely wonderful for us. It's going to be a boost. I'm sure anytime it brings more jobs to the community, it's really good. I hope it helps."

McManus anticipates that others will watch closely to see how the Irene TBI unit develops and even grows.

"In the past, we weren't as aware of these (traumatic brain) injuries. Or we didn't make as much noise about our needs," she said.

"I think, now with the war injuries, we are seeing more media coverage (of TBI). We are keeping people alive but creating a need for continued care. And I think we will see even more of it in the future."

Originally posted at InjuryBoard by Steve Lombardi

Motocycle accident injuries and what can happen

Steve Lombardi — Sun, 25 May 2008 00:46:00 GMT

The Quad-City Times has an interesting article about a motorcycle accident crash and the injuries suffered by a 48-year-old female passenger. Here is how it is described:

“The 48-year-old has had a half-dozen surgeries since the March 28 wipeout in Fort Madison. She’s lost a kidney, her spleen and part of her stomach. She has a serious head injury, multiple facial fractures, two broken wrists and has lost most of her teeth.

She was twice revived at the scene of the crash in which her boyfriend was driving. She was revived again at the hospital.

It may be something of a miracle that she survived at all. And it may be another small miracle that she is surrounded by her family.”

The most serious injury is probably the head injury . An injury that can rob the injured person of life as they once knew it. I wish her well.

Originally posted at InjuryBoard by Steve Lombardi

Motorcycle Deaths - Iowa has less than 5 per 10,000 registered bikes

Steve Lombardi — Wed, 14 May 2008 00:00:25 GMT

After 26 years of practicing law in the personal injury area I feel comfortable saying that motorcycle wrecks and accidents that cause traumatic brain injury leave broken homes and ruined marriages in the wake. Be mindful of the risks and insure your family's standard of living just to be safe. Know the risks before you ride a motorcycle and protect your minor children.

USA Today ran a story showing that as helmet laws are eliminated the number of deaths per registered motorcycles increases. Most of the increase is being seen in the warmer states but especially in the Sun Belt states. In 1995 the federal government got out of the business of withholding highway funding for those states not having helmet laws. After which the number of states with helmet laws decreased. Twenty years ago 47 states required riders to wear helmets. Today only 20 have helmet laws. Twenty-seven states have requirements for younger riders. Only Iowa, Illinois and New Hampshire don't require helmets to be worn.

In 1996, 5.6 motorcyclists were killed for every 10,000 registered motorcycles, according to Department of Transportation (DOT) statistics. By 2006, the most recent data available, the rate had risen to 7.3, the analysis shows. Look at this quote from Science Week quoting a 2004 public health study by L.J. Paulozzi and R. Patel of the Morb. Mort. Wkly. Rep. 2004 53:1103. Remember you don't have to agree with the conclusion but you do have to consider it.

Motorcycles are the most dangerous type of motor vehicle to drive.[1] These vehicles are involved in fatal crashes at a rate of 35.0 per 100 million miles of travel, compared with a rate of 1.7 per 100 million miles of travel for passenger cars. The National Highway Traffic Safety Administration (NHTSA) has reported increasing numbers of motorcycle deaths associated with alcohol-impaired driving in recent years, especially among persons aged => 40 years.[2] To determine trends by age group in motorcycle fatalities overall and in those involving alcohol impairment, CDC analyzed data from the NHTSA Fatality Analysis Reporting System (FARS) for 1983, 1993, and 2003.

So one has to wonder of those riders that were killed how many were wearing helmets? In 2006 there were 4,810 deaths. Of those riders 42% or 2,020 were helmetless. The records show that half of those killed simply lost control of the bike. They were a single vehicle (bike) crash. So there was no one else to blame, or so it might seem. Statistically motorcycles account for 2% or the vehicles on the road but for 10% of the deaths.

Of course the debate rages on about whether anyone should be told what to do when it comes to riding sans a helmet. Whichever option you choose be mindful of those you may someday leave behind or strapped with caring for you should you suffer a head injury. Head injuries are terribly serious and debilitating injuries that can require constant care and attention. The cost of treating a head injured person is substantial to say the least. The quality of life your loved ones will live should you die should be considered and an adequate life insurance policy purchased. And if you allow a child passenger, ask yourself if they should be saddled with living a life where their brain no longer works as expected and they will never reach their full potential due to traumatic brain injury suffered in a crash. Riding a motorcycle can turn into the most selfish decision you make.

CONCLUSION: The economic burden of TBI in the acute-care setting is substantial; treatment outcomes and costs vary considerably by TBI severity and mechanism of injury.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Auto Accidents - Should the car be repaired or totalled?

Steve Lombardi — Fri, 09 May 2008 00:00:34 GMT

Following a wreck the insurance company wants to total the car but the client wants to have it repaired? What should it be repaired or totaled? What will the lawyer need to review in order to answer this question?

Here is the rub for the client. The client of course may only be able to pay off the loan based on what the insurance company offers to pay. The loan could have a value greater than the fair market value. So if totaled the client is in a terrible position of having a car payment but no car. The client may want the car repaired since they would at least be able to drive to work and not have to come up with a down payment to buy a new or replacement car. So what will the lawyer need to answer the client's question?

Information required to assess if what the insurance company is planning to do is fair.

Auto's make, model and year of manufacture:
Date purchased:
Purchase price: $
Where it was purchased:
Current market value:
Loan amount: $5k+
Mileage at time of purchase:
Mileage at time of wreck:
Current condition:
Were there any previous accidents between the time you purchased the car and the date of the wreck? If so what were the dates and the amount of damage?
Was there any un-repaired damage to the car at the time of the wreck? If so, what was it?
Was the title clean or branded?

Paperwork and other evidence that helps in the valuation process.

Photographs of the car just prior to wreck:
Photographs of the car after the wreck:
Damage repair estimate:
Current location of the car:
A copy of the title:

Originally posted at InjuryBoard by Steve Lombardi

TECH
Price	$12,390-$12,490
Engine type	l-c inline-four
Valve train	DOHC, 16v
Displacement	998cc
Bore x stroke	78.0 x 52.2mm
Compression	12.7:1
Fuel system	Mikuni EFI
Clutch	Wet, multi-plate slipper
Transmission	6-speed
Claimed horsepower	178.4 bhp @12,500 rpm
Claimed torque	84.5 lb-ft @ 10,000 rpm
Frame	Aluminum twin-spar
Front suspension	43mm Soqi inverted fork with adjustable spring preload, compression and rebound damping
Rear suspension	Single Soqi shock with adjustable spring preload, high/low-speed compression and rebound damping
Front brake	Dual Sumitomo six-piston radial calipers, 310mm discs
Rear brake	Single Nissin one-piston caliper, 220mm disc
Front tire	120/70-ZR17 Dunlop Sportmax D210F
Rear tire	190/55-ZR17 Dunlop Sportmax D210F
Rake/trail	24.0 deg./4.0 in.
Seat height	32.9 in.
Wheelbase	55.7 in.
Fuel capacity	4.8 gal.
Claimed wet weight	454 lbs.
Color	Team Yamaha Blue/White, Raven/Candy Red, Pearl White/Rapid Red, Cadmium Yellow/Raven
Available	Now
Warranty	12 mo./unlimited mi.