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Strong Arm Attorney collides w/DFR Engine 11

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letarotor

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Seldom post incidents, but this one is actually quite tragically amusing, and poetically apropos. I can't gain access to the Dallas Morning News article at the moment, but a prominent Dallas personal injury attorney Brian Loncar, "The Strong Arm" was injured in a collision Thursday night with Dallas Fire Rescue Engine 11 at Lomo Alto and McKinney. He was driving a brand new Bentley. Apparently Mr. Loncar had to be pried out of his expensive auto and was rushed to Parkland Hospital. There are, as you can imagine, conflicting reports as to Mr. Loncar's condition, but according to his wife Sue: "Its really serious! Its amazing he survived. Already had several surgeries. Intensive care. Will be there weeks. Lost spleen. Shattered pelvis-detached bladder-lot alot of blood-keeping him sedated and on a ventilator. NIGHTMARE!! Hit by a raging firetruck!" The Dallas Observer (an amusing rag not to be taken seriously BTW) is running a blog on the story. Some of the comments are pretty amusing: http://blogs.dallasobserver.com/unfairpark/2008/05/brian_loncar_crashes_into_irony.php

Despite the conflicting reports on his actual condition, let's all say a prayer for Mr. Loncar and wish him a speedy recovery and the prompt replacement of his fine ride, which I'm sure will be forthcoming by the City of Dallas no matter who was at fault!!!

Mark
 

letarotor

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DMN Report: You Decide!!!

Dallas lawyer Brian Loncar hurt when Bentley, fire engine collide
11:56 PM CDT on Friday, May 16, 2008
By TANYA EISERER / The Dallas Morning News
teiserer@dallasnews.com

One of the state's most prominent personal injury attorneys was in critical condition Friday after being hurt when a fire engine struck his Bentley in Oak Lawn.

Brian Loncar, whose Loncar Associates has offices across Texas, was injured shortly before 7 p.m. Thursday at the intersection of Lemmon Avenue and Lomo Alto Drive.

Police say a fire truck with lights and sirens blaring passed through a red light at the intersection and slammed into the driver's side of Mr. Loncar's 2008 Bentley.

The force of the accident pushed his car through the intersection, spinning off the road and into a third vehicle carrying a woman and three children.

Firefighters and those in the third vehicle suffered minor injuries, but no one was transported to the hospital, police said.

Mr. Loncar, 47, was transported to Parkland Memorial Hospital. Hospital officials declined to discuss the nature or extent of his injuries and would not confirm whether he was at the hospital. Police said he was reported to be in critical condition.

A woman answering Mr. Loncar's business phone said she didn't know enough about his condition to comment.

Mr. Loncar's face is a familiar one around Texas, where he can often be seen saying in television ads, "When you're hurt in a car wreck, you need someone on your side." His commercials and his Web site advise people to call in the "Strong Arm" when a person has been injured "due to the negligence or misconduct of another person."

Dallas police Lt. Scott Bratcher said the accident remains under investigation. But he said it probably will be ruled Mr. Loncar's fault because he "failed to yield right of way to an emergency vehicle."

Dallas Fire-Rescue spokeswoman Sherrie Lopez said the fire engine contained 500 gallons of water and sustained damage to the right side. Ms. Lopez did not have an estimate of the damage but said the truck would have to be returned to the manufacturer for repair.

Loncar's bio: http://www.brianloncar.com/bio/BrianLoncar.asp

I'm thinking he should hire Jim Adler, the "Texas Hammer," or Windel Turley. This case might be too big even for himself!!!
 

af5rn

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letarotor said:
I'm thinking he should hire Jim Adler, the "Texas Hammer," or Windel Turley. This case might be too big even for himself!!!
LOL! Yeah, I'm sure he's staying up late, watching television at 2am in the ICU to get Adler's phone number! :lol:

I think Lt. Bratcher is going to find himself eating his report if he shows Loncar at fault, considering he had the green light. But, like you said, it doesn't matter who is shown at fault on the report, the city is going to pay.
 

Thayne

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We have a "Strongarm" attorney here in Denver too. He has adolph hitler's face with Alfred Hitchcock's body. His usual TV spot shows him delivering a check for $160K to some guy sitting in a Lazy boy scratching his balls. :)

We also have a "Bulldog" but at least he looks like one.
 

Firetxmi

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The city would be stupid to pay. No matter if you have a green light you are required by law to stop for emergency vehicles. Assuming that the driver of the engine did not do anything negligent then Mr. Loncar has no case. The city is covered by governmental immunity while their personnel are covered by qualified immunity.

I'd much rather have a accurate report of the accident then have the investigator "strong armed" (pun intended) because the guy is an ambulance chaser.
 

Tim-in-TX

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Even though it sounds like he failed to yield to an emergency vehicle (with lights and siren on), I'm sure that he will sue the city anyway. Let's just hope that the family that was also involved sues HIM for causing the accident in the first place!
 

af5rn

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Firetxmi said:
No matter if you have a green light you are required by law to stop for emergency vehicles. Assuming that the driver of the engine did not do anything negligent then Mr. Loncar has no case. The city is covered by governmental immunity while their personnel are covered by qualified immunity.
So Sorry! Wrong answer! But we have some lovely parting gifts for you.

Not sure where you are since you fail to list your location, but I can assure you -- as can letarotor -- that in Texas, the emergency vehicle has more of an obligation to stop for green-light traffic than the green-light traffic has to stop for emergency vehicles. And case law holds that to be the fact in almost every state, regardless of useless "fail to yield to emergency vehicle" laws. The city will pay. Big time.
 

hoser147

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When it comes to Lawyers every bodies got a case.:roll: ..........And Im sure they will get filed, but winning is often a different story, not many make it too actual trial, most are settled before it gets that far. One thing Im sure of he has lots of cards and flowers from fellow Sharks, sayn pick me....................
 

Firetxmi

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af5rn said:
So Sorry! Wrong answer! But we have some lovely parting gifts for you.

Not sure where you are since you fail to list your location, but I can assure you -- as can letarotor -- that in Texas, the emergency vehicle has more of an obligation to stop for green-light traffic than the green-light traffic has to stop for emergency vehicles. And case law holds that to be the fact in almost every state, regardless of useless "fail to yield to emergency vehicle" laws. The city will pay. Big time.

I do not dispute that.

That is why I said that if the driver of the engine was not negligent (i.e. he proceeded though the light in a legal and appropriate manner consistent with modern emergency vehicle operations guidelines) then governmental and qualified immunity will most likely apply.

For a case explaining my position look at:
Rivka Aliazarov, Appellant v. James Richard Joiner and City of Plano, Appellees

Its out of the Court of Appeals of Texas, Fifth district.
 

red8

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Tim-in-TX said:
Even though it sounds like he failed to yield to an emergency vehicle (with lights and siren on), I'm sure that he will sue the city anyway. Let's just hope that the family that was also involved sues HIM for causing the accident in the first place!
I learned this old sayning when I was in Training when I was a police. And that is, "anybody can sue anyone for anything".Don't nessecarily mean you'll get anything , but you can dang well try!
red8
Had to leave DEI for the bigger bucks
 

letarotor

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This one will definately be interesting to watch. The attorneys in the academy told us numerous times: "All you need is a grievance and a filing fee to sue someone." Since the incompetent City of Dallas Attorneys can't litigate themselves out of a wet paper bag without assistance from contract law firms, I suspect Mr. Loncar will come out of this deal with a pretty good chunk of change in a settlement, to include a brand new 2009 limited edition Bentley!

Mark
 

hiegtx

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letarotor said:
This one will definately be interesting to watch. The attorneys in the academy told us numerous times: "All you need is a grievance and a filing fee to sue someone." Since the incompetent City of Dallas Attorneys can't litigate themselves out of a wet paper bag without assistance from contract law firms, I suspect Mr. Loncar will come out of this deal with a pretty good chunk of change in a settlement, to include a brand new 2009 limited edition Bentley!

Mark
Based on some of the cases I've seen the City of Dallas settle out of court, paying out big bucks in many cases, when the facts seemed to indicate a case that was at least arguable, if not winnable, with decent legal staff, I'd have to agree. Sadly, the city attorney's office has a hard time winning an aggravated parking case. In most cases, they don't even try, just recommend an out of court settlement.
 

red8

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hiegtx said:
Based on some of the cases I've seen the City of Dallas settle out of court, paying out big bucks in many cases, when the facts seemed to indicate a case that was at least arguable, if not winnable, with decent legal staff, I'd have to agree. Sadly, the city attorney's office has a hard time winning an aggravated parking case. In most cases, they don't even try, just recommend an out of court settlement.
But it can,t be as bad as it is in Baton Rouge, where a man was falsely convicted of rape was cleared with DNA. He sued the City of Baton Rouge for the time he previously spent at the
pen. Once he was released from Angola ( the Louisiana State Prison), He was arrested again since his release. And this time his DNA was found at the crime scene of another rape Talk about your dumbest criminal. And the City awarded him 1million dollars, for the first rape.
 

letarotor

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Update on Mr. Strong Arm!

The latest update from the Dallas Morning News on Mr. Loncar's condition. I certainly wouldn't want to be broadsided on the driver's side by a firetruck, even in a Hummer! He is very lucky to be alive...

Someone please explain to me exactly how emergency lights on a firetruck "blare". And isn't the siren supposed to blare to warn drivers the firetruck is coming? I often wonder if these reporters ever go back and actually read what they have written before it goes to print. Maybe if they did they would realize just how rediculous and stupid they sound!!!
*****************************************
Personal injury attorney expected to recover from car accident

12:30 PM CDT on Monday, May 19, 2008
By TANYA EISERER / The Dallas Morning News

Personal injury attorney Brian Loncar, who was injured when his car collided with a fire engine truck, is expected to fully recover from his injuries, his office said.

Mr. Loncar, 47, suffered internal contusions and fractured his ribs and pelvis, according to a weekend news release from his office.

The prominent attorney was injured Friday when his Bentley collided with a Dallas Fire-Rescue truck in Oak Lawn at the intersection of Lemmon Avenue and Lomo Alto Drive.

Police say a fire truck with lights and sirens blaring passed through a red light at the intersection and slammed into the driver's side of Mr. Loncar's 2008 Bentley.

The force of the accident pushed his car through the intersection, spinning off the road and into a third vehicle carrying a woman and three children.

Firefighters and those in the third vehicle suffered minor injuries, but no one was transported to the hospital, police said.

Mr. Loncar's face is a familiar one around Texas, where he can often be seen saying in television ads, "When you're hurt in a car wreck, you need someone on your side." His commercials and his Web site advise people to call in the "Strong Arm" when a person has been injured "due to the negligence or misconduct of another person."

Staff writer Kimberly Durnan contributed to this report.
 
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