4 Motorcyclist-Pickup Truck Deaths Preceded by Warning?

One has to wonder if the Harrison County Law Enforcement properly handled the 911 call warning of a pickup truck driving erratically on Interstate 29 last week. There is a nice Des Moines Register article detailing the 911 call and how quickly law enforcement responded. The article describes those riding as part of a veteran group that provides escort services at funerals for soldiers who died in Iraq or Afghanistan. This is going to get very serious for the young man involved; especially if his blood alcohol tests come back positive. The witness's description has the pickup truck suddenly veering across the center line and into the four riders. The focus of that investigation will center on what would make him suddenly veer across the center line? The truck's driver is from Nebraska. Here is a video provided by KETV-ABC Affiliate on Channel 7.

But here is the real issue that won't be discussed: How much insurance coverage will the at-fault driver have and will it ever be sufficient to cover the damages of the four who died. In my experience it isn't likely there will be sufficient insurance coverage, which is another reason to carry what's called underinsured and uninsured coverage on your car or truck or motorcycle. It covers you in the event you're in an accident and either the at-fault driver has no insurance or not enough to cover all the damages they have caused. Under and un-insurance coverage is a wise purchase. Remember it's your life that you are insuring.

This is also true for those riding bicycles on the street.

Where the bike path crosses a road isn't an automatic right-of-way.

Do cars have to share the road with bicyclists?

Clear indication of negligence in Roseville’s woman’s motorcycle accident

Iowa I-35 and Grand Avenue On-Ramp a Lesson in Dangerous Design

Motorcycle Accident Caused by Engine Malfunction

Bikes, motorcycles and pedestrian car accidents

I-35, Interstate Motorcycle Crash with Semi- A hellish onramp!

My Bad! I didn't see the motorcyclist! Too bad you lose.

Motorcycle Accident in Iowa Revisited

I-380 Iowa Motorcycle Crash, No Helmets

Motorcyclists Have A Right to the Road, No Matter How Difficult to See

Update on Hit and Run killing Motorcyclist, Mundy

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?

Iowa motorcyclist dies in single bike accident

Charles Wagner, 57 years old, was driving his Victory motorcycle in Mills County on Sunday afternoon when he lost control, swerved off the road, causing the vehicle to overturn, and killing him shortly after the crash, according to Iowa State Patrol records. Wagner was driving south on 310^th St. SB JSO Paddock Ave around 4:00pm. He was not wearing any protective gear. Receiving serious injuries he was pronounced dead at 4:24pm.

Follow the motorcycle posts by Steve Lombardi on the Injuryboard.

• Motorcycle Accidents | InjuryBoard Des Moines A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, ...
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• Motorcycle Accidents | InjuryBoard Des Moines 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. ...
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• Recovering Damages in a Motorcycle Accident | InjuryBoard Des Moines Yesterday I touched on the high numbers of motorcycle injuries and fatalities, which have been on a steady increase in recent years.
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• Iowa Motorcycle News – Two dead and three in the hospital after ... A 50 and 51-year old couple died Saturday after the motorcycle they were riding on was hit head-on by a car being driven by Michelle Currier of Preston, ...
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• Motorcycle Deaths - Iowa has less than 5 per 10000 registered ... After 26 years of practicing law in the personal injury area I feel comfortable saying that motorcycle wrecks and accidents that cause traumatic brain ...
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• Illinois motorcycle helmets remains voluntary | InjuryBoard Des Moines Apr 9, 2009 ... The Illinois Senate has rejected a mandatory helmet plan for those riding on a motorcycle. This is one of the more frivolous legislative ...
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• Iowa Motorcycle Helmet Law - A Choice To Protect Your Brain ... Steve Lombardi lists many of the recent motorcycle accidents and their apparent causes. While Iowa remains a personal choice state for wearing a helmet, ...
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• Daniel Christ Dies In Wisconsin Motorcycle Accident | InjuryBoard ... According to the Iowa City Press Citizen, Daniel D. Christ, president of the Iowa City chapter of BMW Motorcycle Owners of America, was heading home from a ...
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• Motorcycle Safety: There is more to this Dubuque motorcycle ... Only 19 and with a promising career as a nurse the death of Miss Martin raises several questions one of which is why the motorcycle on which she was a ...
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Motorcycles and deer don’t mix

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.

Motorcycle Helmet-less Rider Dies From Head Injury

On August 20th 2009 Matthew Soma was riding his motorcycle northbound on Iowa 48 when the road curved to the right and he failed to negotiate the turn. Mr. Samo went off the road into the ditch and up the embankment where he was ejected from the bike into a railroad crossing sign where he struck the railroad track. Mr. Samo was not wearing a helment and died as a result of the injuries suffered during the crash. Wearing a helmet can make the difference between life and death. Maybe wearing a helmet is a silent reminder to drive slower and to be safer. Would it in this instance have made a difference? We don’t know but we do know the rider died from traumatic brain injury.

What questions arise about insurance coverage after a motorcycle accident?

On June 29^th 2009 Daniel Eugene Carson and Jane Ann Carson were involved in a life threatening motorcycle accident in Linn County, Iowa. Mr. Carson veered off the C Avenue extension east of Robins  and both passengers were thrown from the bike as it left the highway and jumped the driveway. Both were flown to University of Iowa Hospital and neither was wearing their helmets.

Questions to be answered:

If they were wearing their helmets would their injuries have been less threatening?

What caused the driver to lose control and veer off of the C Avenue extension?

Was speed involved?

Had the driver been drinking?

Was another vehicle involved?

Is the driver of the motorcycle liable to the passenger for injuries?

Did the driver have insurance?

Did the rider or passenger have auto insurance that will provide coverage?

Did either have health insurance that would pay for the ambulance and hospital bills?

Did the bike’s owner have a medical pay coverage that will pay for medical expenses?

If both types of medical coverage which should pay first to maximize the amount of coverage?

Is there underinsured motorist coverage that could pay for the passenger’s losses?

The list of unanswered questions is endless….

Child on the Rear, this Motorcyclist is charged with Child Endangerment

On July 24^th 2009 Stacey Pierson was charged with child endangerment, attempting to elude and driving with a suspended license. He is accused of leading police on a high speed chase with his 12 year old child on the back. The chase along Interstate 380 near in interchange reached speeds of 80 mph and according to court documents caused “a substantial risk” to the child.

As a parent I find myself asking what was he thinking? For those of you who follow my blog you have to know I have written extensively on bike safety and the need to wear helmets, but when one blatantly disregards the law it puts the driver and the passenger of the bike in even more danger.  Helmet or not the faster you go on a motorcycle the greater your risk of serious injury, so again you have to ask yourself what was he thinking?

Motorcyclists From Texas Injured and Killed by Turning Truck Driver

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.

Deer vs. motorcycle season is upon us once again.

They say no to mandatory helmets and we get to pay for the results. A motorcycle being driven by a David Murphy was eastbound on River Road in Hancock County. At the location with Taft Avenue a deer was in the road, which he struck. The motorcyclist was killed. He was taken to Mercy Hospital in Mason City by the Forest City Ambulance department. On River Road at this location the speed limit is 55 mph.  The weather conditions were partly cloudy, the time was 5:57 pm and the driver’s condition was apparently normal. The cyclist did strike the deer.  Mr. Murphy was reported to be 65 years old.

Narrative: Unit #1 was eastbound on River Road and struck a deer in the roadway.

Iowa Motorcycle News – Two dead and three in the hospital after separate motorcycle crashes

A 50 and 51-year old couple died Saturday after the motorcycle they were riding on was hit head-on by a car being driven by Michelle Currier of Preston, Minnesota. Miss Preston is reported to be 38-years of age. The location of this collision was Iowa Highway 139 south of Kendallville, Iowa. The Wiercks are from Fairbank, Minnesota. There is no Iowa State Patrol report and facts sufficient to determine fault was not available. Neither the report from the Des Moines Register or WQOW was specific enough.

[Update: The Iowa State Patrol indicates the Currier vehicle crossed the center line.]

 Kendallville, Iowa is in Winneshiek County. It appears to be an extremely small rural Iowa community.

Kendallville, Iowa 52136 is very small, and sets at the junctions of Iowa Highway 139, 347th Street and 324th Avenue. It’s fairly close to the C. Baker County Park at Bluffton. The accident location appears to be about 6 miles south of the Iowa-Minnesota border.

In another motorcycle accident a 20-year-old Knoxville man had to be airlifted to a hospital after his cycle ran into the back end of a car. It’s reported he wasn’t wearing a helmet and suffered trauma to his head and back.

In a third motorcycle crash the passenger apparently suffered severe head injury when the motorcycle she was riding on crashed in rural Fulton, Illinois. The passenger was airlifted to the University of Iowa Hospitals and Clinics in Iowa City, Iowa. The driver was taken by ambulance to a Mercy Hospital. There is no report on their names or whether either was wearing helmets. Fulton, Illinois is in Whiteside County.  This collision is reported by WQAD.

Why aren't motorcycle helmets mandatory?

My alerts picked up this question and answer in SaddleBag World about the debate on whether helmets for motorcycle riders should be mandatory. 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.

Helmets versus no helmets? Is a bad hair day a better choice than brain damage?

On April 14th  2009 William Lee Kilmer of Des Moines was traveling west on Aurora Avenue when he lost control of his motorcycle hit a curb and crashed head first into a tree. Mr. Kilmer was not wearing a helmet which could have saved his life.

I won't say that helmets would have saved Mr. Kilmer's life; nor will I go so far as to say just wearing a helmet will always save you from brain damage; but I can say common sense tells me wearing a helmet will protect to some degree your brain.

Look at the comments from the Des Moines Register article. The comments do cover the two arguments both pro and con.

Replying to divergent1:

" I don't care if you wear a helmet or not.

Nor, as a taxpayer do I want to subsidize your life in a nursing home if you crack your melon.

So, as long as your liberty and your right to choose doesn't cost ME money for your care for the rest of your disabled life (assuming a life-altering event that could have been lessened by the wearing of a helmet), do whatever you please.

Keep in mind that the cost of bad decisions by a few are shouldered by the rest of us.


For that reason there I have Full Coverage Insurance as well as personal insurance that I PAY INTO. So you do not have to worry about footing the bill for my medical costs because I CHOSE not to wear my helmet! It is my right as well as my choice!
How many more rights are we going to hand over to the government.
I'd venture to guess the illegals cost you more in hospital costs in a month than I would in a month if I get into an accident without insurance!

divergent1 wrote:

You wrote: " Helmets can be irritating and can cause blind spots for the rider. "


Blowing through a straw to change the direction of your wheelchair can be irritating also.

As long as you do not belong to the same health insurance group I do, I don't care if you wear a helmet or not.

Nor, as a taxpayer do I want to subsidize your life in a nursing home if you crack your melon.

So, as long as your liberty and your right to choose doesn't cost ME money for your care for the rest of your disabled life (assuming a life-altering event that could have been lessened by the wearing of a helmet), do whatever you please.

Keep in mind that the cost of bad decisions by a few are shouldered by the rest of us.

You wrote: "Also, the cause of death has not been determined."

I'm not an emergency room technician, but I'd hazard a guess of massive blunt force trauma.

Motorcyclist meeting tree isn't going to be saved by a helmet, I will grant you that.

Lifelong rider, and yes, with a helmet

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

My alerts picked up this question and answer in SaddleBag World about the debate on whether helmets for motorcycle riders should be mandatory. 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-argument is that we have a right to choose not too wear a helmet to protect our brains; 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 people 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 in an understanding of how the real world works. When the risks are large and the damages 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 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. 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 reliant 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.

• 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 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.

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. So 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.

Charles City, Iowa motorcyclist, Cummings dies after crash

Motorcycle Accidents