Mortgage Fraud Blog for June 30, 2012

Here is another appraiser criminal case allegedly involving overstating the fair market value of properties used to collateralize loans. Atty Lombardi

Like Good Parenting, Good Trial Lawyers Go In With A Hunch

Parents with teenagers often times have to ask a lot of questions to get to the bottom of "what went on"? Most parents learn the ropes by experience and common sense. The same goes for trial lawyers, judges and juries. So how do lawyers know when the witness who was a driver in a crash was following too close? In this case someone was, or did someone else cut the rear driver off?

Distracted Driver Runs Right Into Police Cruiser

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation.

This is one of those types of crashes we are seeing more and more of on the Interstate highways: I-80, I35, I235, I380 and all the other parts of Iowa's interstate highway system. As the accident causes accumulate distracted driving is the number one, two or three cause. It's got to be right behind drunken driving or speeding. Many that we see are by drivers distracted with cell phones, either because of talking or tweeting or texting. I wonder what this one was about. What was the distraction that caused this young man to run right into a police car?

Yesterday as I was driving by an elementary school where parents must have been attending a school activity the function ended and we all drove off together in a line. As we turned onto the main drag, University Avenue, I got in the left lane to pass them. I passed six cars in a row and every one of the drivers was a parent with a cell phone glued to their ear. With the cell phone being held to your left ear the driver's hand creates an added blind spot by the hand and arm. You can see how the driver is required to turn their entire body to see the left side if they want to see what's coming to the left. These are all distracted drivers who can cause an accident, and injure others or kill pedestrians.

And that's why personal injury lawyers aren't going anywhere. This is why people will continue to need more personal injury lawyers who care about their clients and understand the business of personal injury legal work. There will always be those who want us gone or who work through large advertising campaigns to convince people the problems are all the lawyers' fault.  And people can choose to believe that, at least until it's them that are struck by a distracted or drunk driver. And then they need Lombardi Law Firm and alll the other law firms that make up the InjuryBoard, because when you come right down to it, we aren't the problem we are a part of the solution. When you're in an accident, call us at the Lombardi Law Firm and we'll use our 30 plus years of experienced trial work to assist you with your fight against distracted drivers.  For more information about the types of distracted drivers read the other blogs at the Des Moines InjuryBoard site.

Welcome Mr. Scott you're now a member of the distracted drivers' club.

 

Iowa train-car collision kills New London woman

On September 21rst 2009 a New London woman died after she drove her pickup truck around the crossing arms at the railroad tracks and was hit by an Amtrak train. The accident happened in eastern Iowa. The collision occurred at about 5:45 p.m near Danville. The driver of the truck died at the scene. There were 250 passengers on board and no injuries have been reported as of yet. One has to wonder what would possess someone to drive around the crossing arms. Was she in that big of a hurry, were the arms not functioning correctly? Is the train engineer supposed to sound his horn before entering the intersection? Did he? Was corn blocking the view? Was the driver upset, distracted, under the influence or just didn't care to think? What does the train sound like as it comes down those tracks? Listen to this blues harmonica player recreate the sound of the train's horn as it comes down the tracks.

 

We’ve written about train intersection collisions before today. Here are a few articles for you to review.

Iowa, Another Freight Train-Car Collision Death | InjuryBoard Des ... Posted by Steve LombardiSeptember 24, 2009 6:01 PM ... William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. ...
desmoines.injuryboard.com/.../iowa-another-freight-traincar-collision-death.aspx?... - Cached - Similar

• Another train-car fatility in Iowa's Crawford County | InjuryBoard ... Another train-car fatility in Iowa's Crawford County. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
  desmoines.injuryboard.com/.../another-traincar-fatility-in-iowas-crawford-county.aspx?... - 1 hour ago - Similar

• Train crossing collision in St. Louis kills pregnant mother ... Train crossing collision in St. Louis kills pregnant mother. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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• Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA. An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. ...
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• Iowa pedestrian struck and killed by moving train in Tama ... Iowa pedestrian struck and killed by moving train in Tama. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook ...
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• Van Crashes into Train in Adams County, Iowa | InjuryBoard Des Moines Van Crashes into Train in Adams County, Iowa. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve ...
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• Car versus Train; Which will win in a crash? | injuryboard Des Moines Train cases can be very interesting. There are so many issues and some very different ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
  desmoines.injuryboard.com/.../car-versus-train-which-will-win-in-a-crash.aspx?... - Cached - Similar

• Mass Transit (Airline, Cruise Ship, Train, Bus) | InjuryBoard Des ... InjuryBoard Des Moines - Mass Transit (Airline, Cruise Ship, Train, Bus) ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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• Train | injuryboard Des Moines Steve Lombardi | April 25, 2009 6:29 PM | 1 CommentDes Moines, IA Category: Mass Transit (Airline, Cruise Ship, Train, Bus). An Iowa woman killed by a train ...
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• Lombardi Law Firm Donates Wii to Blank Children's Hospital ... Aug 10, 2009 ... Automobile Accidents · Mass Transit (Airline, Cruise Ship, Train, Bus) ... Locally, the law firm of Lombardi Law Firm is donating a Wii ...
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Why can't I get a lawyer to take my case?

Just because you have a case doesn’t mean you automatically can hire a lawyer.

It’s common for people to comment on blog posts posted by the InjuryBoard lawyers and to add to their comment something along the lines of “I’d never hire you as my lawyer.” Or, “You’re just another bloodsucking lawyer.” It seems people who comment in favor or the Taser are especially prone to being rude and insolent. I’m not sure why anyone would make such a comment other than to try applying leverage in changing the lawyer’s mind about what he or she has written or to dissuade readers from adopting the lawyer’s ideas thinking that just by saying they wouldn’t hire the lawyer he or she mustn’t know what they are talking about or a bad lawyer.

Nothing could be further from the truth. First, the business of lawyering is about controversy and good lawyers don’t shy away from it. Lawyers learn early on to advocate a position irrespective of what they might think or feel about a particular subject. Lawyers work constantly on improving their communication skills to be more effective in persuading adjusters, judges, juries and defense lawyers that their client’s case has merit and that the client is worthy of remuneration or compensation.

In the case I’m referring to the female commenter wasn’t happy with my being critical of a police officer that substituted the use of a Taser for effective police communication skills. What that commenter didn’t appreciate is that the reverse is actually true about whether or not I would ever be her lawyer. Like most lawyers I don’t take a client’s case just because they might think it’s a great case. Contrary to popular belief lawyers do have a say as to who they choose for a client. It’s not a one-way street nor is the client in complete control of the choice to engage a lawyer to handle any one case. We regularly turn down cases, some might seem good, but the client isn’t the right fit.

And that’s one of the most misunderstood points of litigation: If your client isn’t likeable chances are the jury won’t like them either and will examine the evidence wanting to find against them.  This commenter needed a lot of work before any jury would find her even remotely worthy of compensation, and that’s a person I would never choose as a client.

Let me give you an example that is extreme but will clearly demonstrate my point. What if Charles Manson and Jeffrey Dahlmer were alive and being housed in the same prison, they escaped and were involved in an accident with a little old lady who ran a stop sign. If each secured an attorney to pursue a personal injury claim against the little old lady how many judges and jurors would feel any sympathy for them and award compensation? My guess is none, which clearly demonstrates my point about being a client or choosing a lawyer. Personal injury lawyers aren’t what people think we are and we don’t sit around dreaming about the next personal injury case that might walk across the threshold to our office. We are busy professionals who take our work seriously and we do turn away lots of injured people for as many reasons as there are obnoxious people in society. We aren’t stupid, we do understand the economics of this business and we clearly know how to recognize a good client from a bad one or else we’d be out of business.

So please understand Ms. Commenter, you’re correct that you would never be a client of mine, but not for the reasons you assume.

 

An updated list of the most recent wrong-way collisions on the interstate highways

We’ve been covering wrong-way collisions for the month of July and have continued to update during the month of August in 2009. This is the second update since writing the wrong-way series that started on August 3, 2009. You can read the complete list of wrong-way collisions in the recap posted on August 15, 2009.

Part 1 of 20 - Wrong-way Interstate Collisions, Don't blink a car is ready to hit you head-on, August 3, 2009

Wrong-Way Accidents - Complete Recap of All July 2009 Collisions, August 15, 2009

Twenty-Six More Wrong-Way Interstate Highway Drivers, August 18, 2009

Analyzing July 2009 Wrong-way High Speed Collisions in America, August 3, 2009

Wrong-Way Accidents: Call for articles, posts, studies and related information on wrong-way drivers – ghost drivers!, June 23, 2009

Wrong-way drivers on I-80 Interstate are a problem, June 3, 2009

Here is the update for wrong-way collisions for this series with Devon Glass and Dave Mittleman from Michigan and Wayne Parsons from Hawaii Injuryboard. Wayne, I’m wondering aloud if you see many wrong-way driver collisions on any of your three highways? And Devon, what are you seeing in the Michigan area on the Interstate highway system? I’d like to hear what if anything Mike Bryant is seeing in that maze of Interstate highways around the Twin Cities of Minnesota. And maybe we can get an Al Franken report.  In fact before we get too serious, these wrong-ways tend to be extremely deadly, let’s start out with that YouTube video of the talking fish from the Franken-Coleman Senate race. I love that talking fish ad. It’s gotta be a classic.  Sorry Norm (we attended college together at the University of Iowa) but this is way too funny to leave alone.

Now back to the serious stuff about wrong-way drivers. We’ve had a wrong-way collision not more than ½ a mile from my house on I-35 southbound. It’s at the end.

Detroit, Michigan – August 28, 2009 wrong-way collision on Lodge Freeway. A 31-year-old man died after he drove the wrong-way. Accident occurred at around 12:45 a.m., driving southbound. Alcohol is believed to have been a factor.

Haltom City, Texas – August 28, 2009 – State Highway 121 wrong-way driver collided head-on with a semi-truck and was killed. This man was heading north in the southbound lanes around 2 a.m. This driver safety stopped in the emergency lane, but when police approached he took off, again the wrong-way colliding with the semi-truck. Additional details were provided by the Star-Telegram. The wrong-way driver was 53-years of age. A map and video are available with WFAA Latest News.

Pittsburg, Pennsylvania – August 27, 2009 -  No deaths in this southbound wrong-way driver in the northbound lanes of traffic in the HOV lane of Parkway North near the McKnight Road ramp. There was personal injury and OWI charges were pending against the wrong-way driver.

Allentown, Pennsylvania – August 27, 2009 – This wrong-way collision occurred around 3:30 A.M. at 8th and Linden Streets when the driver turned and drove the wrong way on Linden Street. One man was killed and another seriously injured.

St. Louis, Missouri – August 26, 2009 – In this wrong-way collision three died and one was injured on Illinois 255, about 11/2 miles north of I-270. The wrong-way driver is reported to be a 46-year-old man driving with a revoked license with multiple arrests and six convictions on alcohol related offenses. He lived, but the driver and a passenger in the other car were killed. Emergency calls shortly before this collision reported a wrong-way driver heading south in the northbound lanes of I-255 and then another call came in reporting a car heading north in the southbound lanes. Confused or drunk driver, you be the judge.

Detroit, Michigan – August 28, 2009 – A 28-year-old man was driving northbound in the southbound lanes of M-10 near Larned. The driver died and a passenger in the wrong-way vehicle was taken to the hospital and listed in fair condition. Alcohol was reported to be a factor, according to reports of what the police said.

Maderia, Ohio - August 28, 2009 – This wrong-way collision occurred on I-71 involved a 27-year-old driver and two passengers, one 18 and the other 24. Drugs and alcohol are believed to have been a factor.

Maderia, Ohio – August 2009 – In this second wrong-way crash in a two-day period a 64-year old man died after driving head-on into the wrong-way driver. The driver of the wrong-way car was a 33-year-old man. The crash involved a third car driven by an 18-year-old who was not injured. This one occurred on I-275 just before 2:00 a.m. Saturday morning.

Milford, Oakland County, Michigan – August 26, 2009 – Police report this collision was caused by intentionally driving the wrong-way by a young girl (16-year-old) who was depressed over her father’s death in November. She took her mother’s SUV and drove the wrong-way in the westbound lanes of I-96 near Lansing. She drove head-on into a semi-truck at around 9:25 p.m. She left a note saying she was tired of being depressed and wanted to see her father.

Birch Run, Michigan – August 26, 2009 – I-75 was the scene of this wrong-way driver that involved a man intentionally driving the wrong-way while police chased him in a stolen vehicle. The driver was 22-years of age.

Allentown, Pennsylvania – August 26, 2009 – This wrong-way collision happened in downtown Allentown at 3 a.m. Not much detail was given in this report although it appears to be a one-car crash with the driver dying and the passenger critically injured. They crashed into several fixed objects including a parking garage and a restaurant.

Boston, Massachusetts – August 23, 2009 – The 42-year-old wrong-way driver was being chased by police when he intentionally drove the wrong-way on state highway 24 and I-495. No one was hurt although the chase went on for nearly a half-hour.

Landrum, South Carolina – August 22, 2009 – The 33-year-old wrong-way female driver collided head-on with another vehicle. The collision caused one death, one person was seriously injured and the wrong-way driver was charged with “two counts of felony driving under the influence of alcohol -- one count involving great bodily injury and one county involving death.” The driver was heading westbound on I-26 near mile marker 2 near Landrum around 5:20 a.m. A front seat passenger was reported to have died.

Edmonton, Canada – August 22, 2009 – A wrong-way driver heading south in the northbound lanes of Wayne Gretzky Drive was operated by a 49-year-old woman reported to be impaired by alcohol.

Hickory, North Carolina – August 18, 2009 – The report is of an elderly couple (driver was 75) driving the wrong-way (northbound in the southbound lanes) on U.S. 321 just before 2:00 p.m. They drove head0n into a pickup truck killing the elderly driver and severely injuring his wife, a passenger.

Ontario, California – August 20, 2009 – This wrong-way driver died after striking a tow truck on Highway 60. The female driver was heading west in the eastbound lanes when the head-on crash occurred.

New Orleans, Louisiana – August 19, 2009 – It seems no state is immune to wrong-way driving, well maybe North and South Dakota. In this wrong-way collision in the eastbound lanes of I-12 a young female driver drove head-on into an 18-wheeler killing her. She drove the wrong-way for at least 6 miles. Police suspect alcohol was involved. The driver was not wearing her seatbelt and was ejected from the vehicle.

West Des Moines, Iowa – I-35 northbound in the southbound lanes of traffic. The wrong-way driver was not killed but the driver of the car struck head-on was killed. The explanation for this collision is that the wrong-way driver was suffering from a diabetic condition and became confused, entered the wrong-way on Highway 5 and continued all the way off 5 and onto I-35 heading north in the southbound lanes.

http://maps.google.com/?ie=UTF8&ll=41.556509,-93.760414&spn=0.050483,0.139389&t=h&z=13

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Interstate Highways and Wrong-way Collisions, the Carnage Continued...

One last point to be made is that people have it all wrong when it comes to saving money. The notion there are too many lawsuits makes about as much sense as there are too many doctors treating cancer patients. There aren't too many cancer treatments, there is too much cancer. And the same goes for the disease of distracted or drunk driving; there aren't too many lawsuits, there are as many lawsuits as there are drunk and distracted driver accidents. The fact is there are fewer lawsuits than accidents. The correct question is why are there so many accidents; not lawsuits. Take away only the number of lawsuits and you encourage more drunken and distracted drivers to plow into you. If you want to reduce the number of lawsuits stop driving drunk or distracted. It's that simple.

Here is the series so far on Interstate Highway crashes and how to avoid them:

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons,  August 29, 2009 2:31 AM

 

Convenience Store Sales of the Iowa Lottery Tickets Under the Microscope of Continuing Investigation

The Iowa Lottery began in February doing spot checks to see if store personnel properly handled winning tickets. Of course this is naïve at best because there are other ways to beat the customer when playing the lottery.  The Lottery and DCI checks aren’t enough. It’s a good start but hardly enough to cover all the ways store clerks are cheating customers.

The latest checks follow earlier tests in February, April and May.

Iowa Lottery CEO Terry Rich said that the lottery was pleased to work with the DCI in its latest checks.

“We are happy with the ongoing effort to prevent lottery fraud in Iowa,” Rich said. “But the overall goal is to tell customers that signing their tickets prevents most opportunity for being scammed.”

What the lottery people don’t know is the store employees have simply changed tactics to another con game. I shop for gasoline at Kum & Go, an Iowa or Midwest convenience store chain. The gas receipt has a 12 digit number printed across the bottom of it. If the customer enters that number in the online survey they are entered into a contest where they can win the Summer of 59 Sweepstakes.  Many customers aren’t aware of sweepstakes or the numbers on the bottom of the receipt. I am and what the heck I regularly enter those numbers online. I haven’t won anything but I still play.

Well at the store located at E.P. True Parkway and South 50^th Street I purchased gas and the clerk kept my receipt then stacked it on a pile of other receipts.

So here is my question, are the clerks of the Kum & Go stores playing the sweepstakes using customer 12 digit numbers and if so is that part of the game?

Do people not feel shame anymore? Have participation trophy’s created expectations in young adults that simply showing up should be enough for a pay check or a winning sweepstake or lottery ticket?

FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street bonuses, The Participation Trophy Syndrome

 

If the owner of Kum & Go knew what these clerks were doing he’d be angry and then ashamed of the way his store name is being slandered by these small acts of deceit that cheat the customer of their chance at winning the Summer of 59 Sweepstakes.

Look at 3:48 minutes into this video; notice the act of honesty. When you’re honest there is no reason to feel shame.  Living honestly is the reward; the same goes for an honest days work.  Only losers want a participation trophy, winners want to win one.

The Public Accepts Casual Taser Use and Death Because of Clean Kill

Tasers are without a doubt capable of causing either alone or in combination with other human factors a person to die. Even if there is no proof that Taser alone can cause a death, and I’m not assuming that, the fact people die after being Tased should be alarming to anyone in a civilized society. How then can they be so casually used? Are ordinary citizens tolerating this simply because it’s a clean death?  In other words there is no blood to clean up so society is putting the deaths out of mind.

Clearly in many of these instances the use of a Taser is not law enforcement, but the dishing out of punishment by law enforcement. Punishment of course is the Constitutional power of the Courts, not law enforcement or the legislative branch. At what point have we become as repressive as the Communist society?

Iowa News: Wrong-way Driving on the Interstate Highway System

Since last reporting there have been 26 additional news reports picked up for wrong-way collisions across America and one from jolly-old England. Drunken drivers continue to be the main cause although old-age confusion, diabetic confusion, youthful inexperience and criminal behavior are repeated causes as well.

Since my last report in the twenty-part series here on the InjuryBoard I’ve wondered how many of the elderly wrong-way drivers suffer from prescription drug confusion or the affects of taking multiple prescriptions. That should be something the National Highway Traffic Safety Administration studies. My understanding of these collisions is they occur more in the northbound lanes on the interstate highway system. It could be because we are mostly right-handed type thinkers reading left to right rather than right to left. Is there a connection? I have no idea but it’s something that should be examined.  

Dallas, Texas – Friday, July 31, 2009 – This wrong-way collision occurred on I-20 westbound lanes along the divided highway near Polk Street in the Red Bird area about 12:30 a.m. Alcohol may have been a factor. The entry point was not determined.  Three people reported to have been killed.  

Chicago, Illinois – About 1:35 a.m. on the Stevenson Expressway (I-55) south of downtown, northbound lanes, wrong-way driver was heading south near Halsted Street in the Bridgeport neighborhood driving a 2003 Audi striking a 1993 Toyota head-on. A 38-year-old female passenger in the Toyota died.

Brownsville, Texas – Highway 71, 10 people injured. Northbound lanes, southbound wrong-way driver.

Providence, Rhode Island – August 3, 2009 – A 50-year-old man driving the wrong-way on I-95 early Sunday morning caused three crashes and the police allege alcohol was a cause. Two people were hospitalized. A video from Channel 12-WPRI Eyewitness News is available by following the link.

Seville, England – August 16, 2009 – A wrong-way collision on the A-4 near Seville killed one man. He tried to cross over the center lane and was struck by a semi-trailer and was himself killed.

Queen Creek, Arizona – August 15, 2009 – A 53-year-old man driving on the wrong-side of the street is reported to have struck a bicyclist at around 2:00 a.m. on Ocotillo Road near 228^th Street. Driver of the at-fault vehicle was driving westbound in the eastbound lanes. Alcohol is believed to have been a factor.

Toledo, Ohio - August 14, 2009 – A wrong-way collision on I-280 at 5:00 a.m. starting at Greenbelt Parkway, going south in the northbound lanes after crossing over the Veterans Glass City Skyway bridge near St. Rt. 795. In this instance a diabetic condition is said to have caused confusion or a condition similar to alcohol intoxication for the 64-year-old driver that was not killed. Non life-threatening conditions were sustained. There is a video you can watch from ABC Channel 13, Toledo, Ohio. She drove for miles. The advice Ohio State Troopers are given is to drive in the right lane as they approach the crest of a hill.

Greenville County, S.C. – August 14, 2009 – An 88-year-old driving a Ford Ranger north on I-385 south struck a Chevy Tahoe head-on; no one was killed.

Marlborough, Massachusetts – August 13, 2009 – A police chase after a man driving a stolen truck drove the wrong-way on I-495. The man was 38-years of age

Stratford, South Carolina – In this wrong-way collision a 20-year-old South Carolina man drove the wrong-way on I-95 and reportedly narrowly missed a head-on collision with a semi-truck. Alcohol is believed to have been involved. Several 911 calls reported a driver going the wrong-way from Strafford to Fairfield south in the northbound lanes.

Little Chute, Wisconsin – August 12, 2009 – In this one a 55-year-old man was driving south in the northbound lanes of 441 near County OO/Northland Avenue at around 3 p.m. The wrong-way driver crashed into two northbound vehicles. The driver was cited from driving under the influence of a drug.  No deaths are reported.

Tarrytown, New York – August 9, 2009 - An elderly woman, 76-years, drove the wrong-way when she entered the off-ramp at Exit 9 driving north in the southbound lanes of the Tappan Zee Bridge. It’s reported that she even went through the tolls driving the wrong-way. (Does that mean they refund her the toll charge?)

Charlotte, North Carolina – August 9, 2009 – I-85 is the scene of this wrong-way collision report of a 21-year-old driver. No cause is mentioned, and here is a quote from the news article. (It should be noted the driver was later charged with DWI.)

Bridges, who lives in Salisbury, said Monday that he's been interviewed by TV news crews and that opinions about his decision to chase the car in the wrong direction have been mixed.

Last month, a 38-year-old Matthews man was arrested after police said he led them on a 20-mile, wrong-way pursuit on I-85 through Mecklenburg and Gaston counties.

In early July, a wrong-way collision killed two people on U.S. 74 outside of Monroe.

In July 2007, a wrong-way crash on I-485 near the Providence Road exit killed both drivers.

Barnes County, North Dakota – August 11, 2009 – I-94 wrong-way crash with a 64-year-old man driving westbound in the eastbound lanes of travel. The female driver entered at exit 292.  Confusion was apparently the cause.

Wappinger, New York – August 10, 2009 – Four injured in this head-on crash on Route 9 in this three-car mva. Around 7:15 p.m. The driver states he simply lost consciousness prior to the crash and drifted across the divider.  Although titled as a wrong-way crash this may not be one in the true sense.

Hanover Township, Pennsylvania – August 10, 2009 – Route 30 is the scene of this accident described as a wrong-way collision. A motorcyclist lost his life when a 19-year-old was driving west in the eastbound lanes of Route 30, just north of Platt Road. Improper passing seems to be the cause along with youthful inexperience. The motorcycle driver was 23-years old.

Fountain Valley, Orange County, California – August 9, 2009 – This wrong-way collision is reported to involve a drunk driver attempting to elude police.

Southfield, Michigan - August 9, 2009 – Eight Mile Road is where this drunken driver drove westbound in the eastbound lanes.  No injuries and no collision before police were able to stop and arrest the driver.

Colorado Springs, Colorado – August 7, 2009 – A DUI arrest of a 37-year-old man driving the wrong-way is said to have caused this head-on collision in the eastbound lanes of westbound U.S. 24 near 21^st Street at around 2:30 a.m. Reports came in from 2:09 a.m. to 2:24 p.m.

Louisville, Kentucky – August 5, 2009 – I-65 at 1:15 a.m. just south of Outer Loop heading south in the northbound lanes. No one was killed even though the wrong-way driver was reported to have been speeding. “She was running 90 or better.”

Fremont, California – August 5, 2009 – This wrong-way driver was on I-880 attempting to avoid arrest, which he did, by driving south in the northbound lanes of travel.

Libertyville, Illinois – August 4, 2009 – A two-car crash when a wrong-way driver on Route 176 at 6:30 a.m. The driver was charged with with improper lane usage, driving in the wrong lane, driving with a suspended license and having an uninsured motor vehicle in connection.

Chicago, Illinois – August 3, 2009 – I-55 wrong-way crash left one dead from a crash in the northbound lanes of the Stevenson Interstate Highway. No report as the cause. This is a blog report.

Tuscon, Arizona – August 2009 – This wrong-way crash on I-10 killed the 17-year-old young driver.

Hazlet, New Jersey – August 17, 2009 – This wrong-way collision is on the Garden State Parkway heading northbound in the southbound lanes and resulted in minor injuries. The collision occcurred around 5:00 p.m.

Denver, Colorado – August 18, 2009 report indicates a 10-car pileup on I-25 was caused by a wrong-way driver. The wrong-way driver was killed. No report on the cause.

Garrett, Indiana – August 17, 2009 – The wrong-way driver drove south in the northbound lanes of I-69 after loosing control of his car, crossing the median and striking a pole. This isn’t really a wrong-way collision. It’s described that way but not one where a driver enters the highway from an exit ramp or onramp and simply turns the wrong-way. This driver crossed over the median after losing control.

Denver, Colorado – August 17, 2009 – Two women in a wrong-way vehicle fled the one-way street location wher the driver stuck a moped driver. The police continue to look for the driver and passenger. If you have information about these two women your help is needed. If you know who these two women are please call Crime Stoppers at 720-913-STOP (7867). You could be eligible for a cash reward and may remain anonymous.

Check out the Des Moines Market for InjuryBoard.com and The Verdict at the Lombardi Law Firm for the twenty-plus series of accidents. Perhaps the NHTSA studies will be something to next examine.

Wrong-way driver distracted and misled by GPS

Gastonia, South Carolina – July 2009 – A wrong-way driver on I-85 in Gaston County, traveling south in the northbound lanes of travel was accused of trying to strike cars driving the wrong way and finally driving into a cement wall. He was under psychiatric care.  

A man who passed him told Eyewitness News it looked like Ghent was going 100 mph. That driver said he was on his way to his Charlotte home from work in Gastonia, and he remembers seeing headlights coming directly at him in his lane. He said he thought it could only be a trooper traveling on the wrong side of the road at night. He said he moved two lanes over and watched as the car passed by.

Seconds later, troopers fell in behind the vehicle.

They said they stopped Ghent near exit 23 and he refused to take a breathalyzer. They said a blood test found an unnamed prescription drug in Ghent's blood. There is a video-tape report.

InjuryBoard.com – Blog by Brooks Schuelke - What Can Be Done To Protect Dallas Motorists From Wrong-Way Drivers? Discusses how Dallas highway officials need to approach the problem. He points out what automakers are looking at the situation.

Bloomington, Indiana - Wrong-way driver on Ind. 37 told police she was following her GPS – July 31, 2009 - By Marcela Creps, 331-4375 | mcreps@heraldt.com

Brownsburg, Indiana – July 2009 – Near the I-74 interchange with Ronal Reagan Parkway near the western Indianapolis suburb of Brownsburg around 8:15 A.M. The collision occurred in Hendricks County involving a 59-year-old woman heading eastbound in the westbound lanes. She died when her SUV struck the rear axle of one semi, then airborne and struck another semi head-on.

Chicago, Illinois – July 2009 – I-55, near South Halsted Street at 1:50 a.m. The wrong-way driver was headed south. A 38-year-old woman was killed in a two-vehicle crash. The male wrong-way driver was neither identified nor charged although he was reported to be in custody.

Wrong-way Drivers Collide in Pennsylvania, Oregon, New Jersey and Mexico

Monroeville, PA – July 2009 – 9:20 A.M. - Pennsylvania Turnpike, heading west in the eastbound lane of traffic. She was 36-years-old and had a 2 ½ year old son in a car seat that survived suffering only a cut above his right eye.  She was a nurse and collided head-on with a tractor-trailer semi truck.  She had to have been driving the wrong-way for at least 7 miles.  It appears she swerved into the right lane to avoid an oncoming semi and struck another semi head-on.  Toxicology reports were not available.  Inside the car was a toll-ticket and the police are attempting to determine exactly what if anything this can tell us. The news report from Channel 4 News indicated she was facing two charges of driving while under the influence from previous incidents. The video report is very good.  See The Pittsburgh Channel with ABC. What is probably more interesting is doing a video search of this site produces more than 20 videos of wrong-way driver reports.

 

Video: Watch Marcie Cipriani's Report
Slideshow: Photos Of Turnpike Crash

 

Coos Bay, Oregon – July 2009 – Most wrong-way driving is accidental, but occasionally your run into a story where it was purposefully done. This is one of those news stories. This one involves a masked man on a four-wheeler ATV traveling the wrong-way on a one way street attempting and then succeeding to allude law enforcement.

Clifton, New Jersey – July 2009 – Route 21 in Clifton around 5:00 PM heading south on a northbound lane causing a four-car collision in which five people were hurt, three seriously.

Mexico – June 2008 – Minutes after a bike race began just across the border from Brownsville, Texas a man allegedly drunk drove the wrong-way on a roadway then fell asleep at the wheel careening into the pack of riders. The Daily Telegraph published a photograph of the incident with bikes and riders flying up above the car.  The man was 37-years-old.  Here is a blog titled the Brooklynian that discussed Wrong way in bike lane.

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….

Drunken Driving - Iowa Judge, police officer and others involved with OWI

It’s reported that a former associate judge in Muscatine County, Iowa was ordered to serve five years in prison for his third OWI offense.  He was fined $3,125 and will serve his time at Davenport’s work release center. His BAC was more than twice the limit.

Meanwhile a Burlington, Iowa man was sentenced to 5-years of probation for being the driver of a car that crashed killing the passenger. His BAC was more than twice the limit.

A Waterloo, Iowa police officer was arrested on a drunken driver charge after the Black Hawk County sheriff’s deputies responded to a car in the ditch. No breath or field sobriety test results were available. No indication in the available news stories that anyone was injured.

Coralville, Iowa police charged a Chicago man driving a U-Haul truck was stopped on I-80 with blood-alcohol content at 0.184, more than twice the legal limit. Children were in the vehicle and as reported charges of child endangerment are pending.

Driving drunk or under the influence has serious consequences as we’ve seen this past week with the Taconic Highway wrong-way driving accidents that I’ve been reporting on.

MADD, Mothers Against Drunk Driving have MADD statistics on their website including the link to the NHTSA’s statistics for 2007 Traffic Safety Annual Assessment – Alcohol-Impaired Driving Fatalities.

Summary

In 2007, an estimated 12,998 people were killed in alcohol-impaired driving crashes. – a decline of 3.7 percent from the 13,491 fatalities in 2006.

The fatality rate, per 100 million vehicle miles of travel (VMT), decreased to 0.43 – the lowest on record.

Thirty-two States had decreases in the number of alcohol-impaired driving fatalities in 2007, as compared to 2006.

Twenty-five States and the District of Columbia had increases in the number of alcohol-impaired motor-cycle riders (operators).

Alcohol-impaired motorcycle riders increased by 10 percent in 2007

Since 1982 there has been a steady decline in the number of deaths per vehicle miles traveled. The death rate has gone from a high of just over 1.20 to a low of about 0.50. That’s a good thing. We are moving in the right direction.

Did this 24-year-old Iowa electrician die needlessly?

What caused the death of a 24 year old Des Moines electrician? That was the question surrounding the death of Chris Turney but now the autopsy has revealed that it was in fact caused by electrocution. Mr. Turney was standing on a metal scaffold working with electrical wires at the Hy-Vee under construction at College Square Mall in Cedar Rapids when it happened. OSHA is currently investigating and one has to ask how does something like this happen? The company Mr. Turney worked for; Kline Electric of Ankeny, was hired to install the new wiring for the store. Was this caused by a mistake of a co-worker, did Mr. Turney have proper training to be working in the area he was, or was this just a freak accident? Whatever the reason this is another regrettable example of the preventable loss of a young man in the workplace.

A review of the Iowa Industrial Commission decisions did not turn up an arbitration case against Kline Electric.

The Iowa Secretary of State’s website shows a Kline Electric, Inc. as corporation number 291108 from 2785 N ANKENY BLVD. , Ankeny, Iowa active since March 3, 2004. Filings with the Secretary of State are as follows.

W00374589	2	3/3/2004	3/3/2004	ARTICLES OF INCORPORATION
A06291108	1	4/20/2006	4/20/2006	BIENNIAL REPORT FILED
W00575333	1	6/23/2008	6/23/2008	AGENT'S CHANGE OF OFFICE
A08291108	1	7/1/2008	7/1/2008	BIENNIAL REPORT FILED

A general search shows Kline Electric, Inc. an electrical contractor, at a different address: 502 N Ankeny Blvd Ste 20, Ankeny, Iowa.

Hy-Vee is a large grocery store chain that together builds its own stores. Like many corporations they have found access to capital through selling stores to investors at a price determined on a low capitalization rate of the annual lease payments. One way to increase the net profit on the sale end is to lower your construction costs. There are various ways to accomplish lower costs, labor being one. Are these electrical workers union trained workers with stringent electrical safety training or workers who have learned the trade here and there? We have no way of knowing Mr. Turney’s background, but the news items from Radio Iowa and KITM fail to mention any union hall affiliation. Safety training is an important tool for your tool box. It’s not something you reach in and grab to show someone; it’s just something that may save your life.

So what might have caused this electrician to get electrocuted? My guess is that it’s a failure for the construction site workers to follow lock-out tag-out procedures. I could be wrong, but many times that is the breakdown or failure that kills a working electrician on the job site. I’ve got a section on the Lombardi Law Firm website dedicated to proper lock-out tag-out protocol. Essentially this is what LOTO is about. We’ve included blogs, video and helpful resources for you to learn more. Remember, safety first. I’ve personally handled these types of cases and I’m sorry to say the workers usually died and I represented the widows and children. I’ve included examples of other workers who have died when others on the construction site fail to follow the LOTO procedure.

On the Injuryboard I’ve covered this subject and also others have as well. See the following posts.

Construction Safety and Trial Lawyer Skills: LOTO or Lockout ...

Yesterday we covered Lockout/Tagout safety rules in a very general way. Today we look at it as lawyers are required. What is the law of Lockout/Tagout? ... 101k

Construction Safety: Video Training of LOTO or Lockout/Tagout ...

... Miscellaneous. Miscellaneous. Construction Safety: Video Training of LOTO or Lockout/Tagout Procedures for Electricians. Email Member. ... 99k

Construction Safety: The risk of being electrocuted | InjuryBoard ...

... The rules are known as the “lockout/tagout” procedure rules. ... 1. Define what is meant by Lock Out Tag Out (LOTO or Lockout/Tagout) and when it is used. ... 101k

"Worker Error" Hides Poor Management | InjuryBoard Tampa Bay

... It's called the "Lockout-Tagout" standard, technically known as the "Control of Hazardous Energy" standard, and is used to protect workers who may be repairing ... 101k

InjuryBoard Des Moines Archives | January 2009

Des Moines Personal Injury Lawyer | January 2009 Archives | InjuryBoard Des Moines. 101k

Being an electrician is dangerous. A good working knowledge of safety is essential.

When working on the electrical system of any job site all electricians and other workers involved must disconnect the power at the main box, then place a lock with their name tag on the electrical junction box door so no one is able to turn the power back on while they are touching the otherwise live wires. If another worker at the same time wishes to work on the electrical system, he too places his lock and tag on the first lock. That signals the first guy that someone else is working on the electrical system and needs to contact before the electrical juice is turned back on.

So what happens that makes this system not work? Well, people don’t follow the LOTO procedure. The general contractor in charge of the site doesn’t enforce the rules, things get slack and pretty soon you have a safety culture that is corrupted and it can lead to the death of a worker.

Did it happen in this instance? We don’t know. I’m sure IOSH along with OSHA are investigating and will get to the bottom of it.

For the young electricians out there pick up an application with Iowa’s electrician’s apprenticeship program and learn the ins and outs of safety. The electrician’s union has offices in Des Moines, Dubuque, Fort Dodge, Mason City, Sioux City and Waterloo. Remember a good safety education through the IBEW Local 347 in Central Iowa may save your life.

Hy-Vee began in the 1930’s by two men, Charles Hyde (1883-1970) and David Vredenburg.  With a goal to provide “good merchandise, appreciative service and low prices,” Charles Hyde (1883-1970) and David Vredenburg (1884-1949) opened a small store in Beaconsfield, Iowa, in 1930. The store was leased only a few weeks before the stock market crash of October, 1929. The two men began calling their operation Hyde & Vredenburg in 1933.

Today Hy-Vee has grown to more than just a grocery story. They also team up with Weitz Construction to build these stores. That company is known as Hy-Vee Weitz Construction.

“Since 1995 Hy-Vee Weitz Construction has built its reputation on award-winning, quality construction for Hy-Vee, Inc. We are now prepared to offer our extensive services to a broader market.”

The dependent spouse and children are entitled to workers’ compensation benefits as well as other damages if liability can be shown arising from another contractor’s employee’s negligent actions. Protect yourself, know your rights and be diligent about enforcing them.

La misión de OSHA

Más de 100 millones de trabajadores cuentan con OSHA

La misión de OSHA es la de asegurar la seguridad y salud de los trabajadores in América estableciendo y haciendo cumplir normas, ofrecimiento de adiestramientos y educación, estableciendo asociaciones y motivando a un mejoramiento continuo en la seguridad y salud en el lugar de trabajo.

Nuestros servicios

OSHA y sus socios estatales disponen de aproximadamente 2100 inspectores, así como de investigadores de quejas por discriminación, ingenieros, médicos, educadores, redactores de normas y de otro personal técnico y de apoyo en más de 200 oficinas en todo el país. Estos profesionales establecen normas de protección, aplican dichas normas y se relacionan con empleadores y empleados mediante programas de asesoramiento y de asistencia técnica.

El público que servimos

Casi todo hombre o mujer en la nación se halla al amparo de la jurisdicción de OSHA (aunque existen ciertas excepciones entre mineros, trabajadores del transporte, muchos empleados del sector público y trabajadores independientes). Otros usuarios y recipientes de los servicios de OSHA incluyen: profesionales de la seguridad y salud ocupacional, la comunidad académica, abogados, periodistas y personal de otras organizaciones gubernamentales.

Plan para el mejoramiento de servicio

OSHA ha determinado utilizar eficazmente sus recursos limitados con el fin de promover el compromiso entre la administracion de la empresa y la participacion de empleados en programas de salud y seguridad en el trabajo.

Estudio de nuestro público

El personal de OSHA se dedica a mejorar la calidad de nuestros esfuerzos y sabe que nuestro éxito depende de una agencia cuyo impulso mayor es el compromiso al servicio público. OSHA debe primeramente escuchar y responder a sus clientes. Por lo tanto, hemos realizado una encuesta cuyo fin es saber más sobre la opinión que tienen los empleadores y los empleados de los servicios de OSHA.

Debido a que las inspecciones de los lugares de trabajo representan una de las actividades principales de OSHA y ya que los esfuerzos voluntarios para mejorar las condiciones laborales finalmente dependen de una aplicación firma de la ley, nuestra encuesta enfocó principalmente el proceso de inspección. Hemos realizado una encuesta al alzar entre empleados y empleadores que fueron inspeccionados por OSHA recientemente pidiendo su opinión de la inspección en particular y de las normas y otras actividades educacionales y de ayuda en general.

Normas del servicio

Hemos basado las nuevas normas de OSHA para el servicio público se basan en lo que aprendimos de las encuestas, de reuniones con grupos de empleados y de empleadores y de grupos de discusión con trabajadores de varias plantas e industrias en todo el país.

Nuestro programa para el mejoramiento del servicio público se realizará en forma continua. Seguiremos recopilando información sobre la calidad de nuestro desempeño en la entrega de servicios en areas que no forman parte de la encuesta de este año, especialmente en el sector de la construcción. Además, el año próximo tenemos previsto aprender más sobre la reacción del público frente a nuestros programas de asistencia y asesoramiento.

Cheer Safety News Compendium from Across the Country

Mankato, Minnesota – August 1, 2009 – Minnesota Vikings’ Cheerleaders held a cheer training camp for about 250 young girls at Minnesota State University’s Blakeslee Stadium. One of the professional cheerleaders, Jenna is a college student who works the sidelines cheering with two lawyers, an engineer, a scientist and several other college students for the Viking home games. 

Youth Football Coaching Blog – August 2, 2009 – The question is asked about what rules for stunting apply to a 6^th to 8^th grade cheer squad. The coach did a search and didn’t come upu with any rules. The writer indicates following NFHS rules but imposes further restrictions based on age and ability level. Enforcing safety cheer stunt rules is difficult because not every team belongs to a similar cheer organization. A commenter points to the National Cheerleading Association for guidance.

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Wisconsin Cheerleaders are at Risk, Parents Protect your Child's Future

Today we’re going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it’s important for every parent to understand the safety standards their cheer coach should follow, when they aren’t and what risks their child is being exposed to. In addition college cheerleaders need the same information to make a choice as to what cheer stunts they should or shouldn’t be performing.

Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.

I’ve listed on both the InjuryBoard site today and on the Lombardi Law Firm site the links to the applicable safety standards for high school and college cheerleading squads. These are standards they are supposed to follow. Each level of cheer competition should also be asking the questions about whether their coach has been through the safety course and what team member has also attended a safety course. That’s the standard rule and it’s in place for the protection of cheerleaders against catastrophic injury or death.

2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA High School Safety Rules – at the AACCA

2009- - 2010 AACCA College Safety Rules – at the AACCA

Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.

A parent on each team should print out these rules (They are available as a pdf document, just follow the above links.)  and hand them out to other parents and cheerleader squad members. Parents should ban together to make sure these rules are adhered to; because if you child is catastrophically injured, and this is especially true in Wisconsin, you’re on your own as far as catastrophic medical insurance along with liability issues.

What I find interesting is the language parents need to learn. Fathers and mothers will be learning what is meant by a base, a cradle, a cupie/awesome, a dive roll, and a flatback, a flip, loading position, middle, pyramids, rewinds, spotter, stunt, top and a toss.  The rules are preceded by a definition section, then general program guidelines, then general restrictions, partner stunts and then guidelines for pyramids, tosses tumbling and specifics for indoor hard surface restrictions.

InjuryBoard Coverage of Cheer Safety

 

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF ... She regularly provides information and press releases for cheer safety. ... 101k

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Listen to the podcast. Follow the safety rules for high school and college cheer safety! ... You have to do the same with your personal cheer plan. ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

The National Cheer Safety Foundation has released Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading. ... 101k

Who Is Protecting Our Cheerleaders? Revisited | InjuryBoard Austin

... Our focus is coaching education for cheer coaches. ... Something else to keep in mind--the turnover rate for cheer coaches is huge. ... 98k

School Safety / Cheerleading: Fitting the uniform...and the image ...

... A recent article in Sports Illustrated highlighted the controversy surrounding an Idaho High School after fans were outraged about the cheer squad's teeny-tiny ... 101k

School Safety / Cheerleading: Sport or no sport, it's time for ...

... athletic endeavor.” Agreed. The organization also states outright on their homepage: “As the parents of cheer athletes,.... ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

Iowa Elite Cheer, Inc. (which is a competitive organization that ... Iowa Elite Cheer, Inc. (which is a competitive organization that ... 101k

Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.

Wrong-way Drivers Collide - Snowbanks on the roads edge can leave no way out for wrong-way interstate drivers

Fredericton, Canada - December 2007 - A 61-year-old woman drove the wrong-way on a divided highway named Vanier Highway, the other head-on crash victim died. The wrong-way driver suffered a broken ankle but learned the person who died was a friend.  The wrong-way driver was charged criminally and the trial testimony along with expert witness testimony is reported in the Daily Gleaner.  Factors contributing include no signage of wrong-way entry, a sign that was leaning over and snow banks along the road making pulling over impossible.

“Under cross-examination by defence lawyer Patrick Hurley, he testified that at the time of the accident, there was no signage along the Kimble Drive off-ramp warning motorists who might be travelling the wrong way down that access point to the highway.

He also said a photo he took showed that the median sign at that Kimble Drive exit, indicating which side of the median drivers should remain on, was crooked and leaning left.

Conversely, there was a sign with a Do Not Enter symbol at the Liverpool Street ramp, he said, and since the accident, signage has been added to the Kimble Drive ramp to warn motorists about travelling the wrong way.

Hurley also questioned several witnesses about the lack of room to pull over on the Vanier Highway on Dec. 21, 2007.

He suggested that snowbanks along the shoulder made it impossible to pull over and that the area by the median wasn't wide enough for a car.

While Wayne Christie agreed with those suggestions, others witnesses didn't, indicating there was just enough room by the median to pull over in some areas.”

Newport, Michigan – July 2009 - I-275 in Monroe County at 4:30 PM about  28 miles southwest of Detroit. No further details given.

Wrong-way Drivers Collide in Florida, California, Indiana and Canada

Spring Hill, Florida – July 2009 - Wrong-way driver on Commercial Way. Driver was suspected of Dui but blew a negative breath test. The 28-year-old driver’s mother indicated she was probably on either prescription drugs or methamphetamines.

Saskatchewan, Canada – July 2009 - A $2,500 fine was issue to a man who had caused a collision when driving the wrong way while driving under the influence.

“Court heard two women travelling (sic) southbound on Ring Road between Victoria and Arcola avenues were shocked to suddenly see a truck heading right for them. Witnesses described something between a head-on collision and a side swipe as the two vehicles connected. They estimated the offending vehicle was travelling (sic) at highway speed or somewhat over at the time of impact.”

Los Angeles, California – July 2009 - Stolen vehicle driving wrong-way on La Cienega Bouldevard. Male driving a stolen Lexus SUV.

Indianapolis, Indiana – July 2009 – I-74, eastbound driver in westbound lanes of travel, 59-year-old female driver struck the rear duals then went airborne and struck another semi-truck head-on. The woman was pronounced dead at the scene.  She was driving an SUV although the news reports don’t’ say what make and model.

How dangerous is cheerleading?

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

United States Sports Academy – July 24, 2009 – Kimberly Archie, Executive Director of the National Cheer Safety Foundation (NCSF) visited the USSA campus and presented Dr. Thomas P. Rosandich a plaque. Kim paid the good doctor a visit to discuss the necessity for developing cheerleading safety programs to make cheer safety a number one priority in what is still the most dangerous sport.  The U.S.S.A. offers bachelor, masters and doctorate degrees in sports science and management.

Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included

• Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
• Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
• Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
• Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
• Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
• Find out what kind of warm-ups and strength training are included in the program.

The Dangers A Cheerleader's Parents Need to Watch For

Dear Parents: As parents you are the front line defense to making sure your child is safe. If your child is a cheerleader follow these guidelines. Cheerleading is the number one cause of catastrophic injury in young females. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
Here watch this video.

Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included

• Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
• Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
• Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
• Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
• Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
• Find out what kind of warm-ups and strength training are included in the program.
  
  As parents you are the front line to making sure your child is safe. If your child is a cheerleader follow these guidelines. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
  
  • How dangerous is cheerleading?
  • NCSF and NCSSE Team Up for Cheer Safety
  • NCSF & NCSSE Partner for a New Era in Cheer Safety
  • NCSF & NCSSE Partner for a New Era in Cheer Safety
  • 2009-2010 AACCA College Safety Rules
  • 2009-2010 AACCA High School Safety Rules
Also on our site we provide the guidelines for college and highschool cheer safety. Visit our cheer safety section on the Lombardi Law Firm.



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Cheerleading Safety and the Law of Cheerleading

Cheerleading Safety is an article written by Valerie Ninemire for About.com concerning what coaches and cheerleaders should do to prevent being injured while cheering. Here is what Valerie lists as the reasons cheerleaders get injured and then how to prevent such injuries.

Why Cheerleading Injuries Occur

·                  Lack of conditioning and not being physically prepared

·                  Untrained coaches, instructors or advisors

·                  Poor decision making by instructors or participants

·                  Risk taking attitudes

·                  Inadequate supervision

·                  Inadequate equipment (example: improper shoes)

·                  Non-cushioned surfaces

·                  Poor nutrition

·                  Attempting difficult stunts before being ready

What You Can do to Prevent Injuries

·                  Adhere to all rules and regulations

·                  Practice on mats or pads

·                  Wear well fitting shoes with proper cushion and support

·                  Have an emergency plan in place and practice it

·                  Require proper spotting

·                  Gradually progress to difficult stunts and skills

·                  Become educated and certified in safety, first aid and CPR

·                  Require and use the proper techniques

·                  Learn how to identify eating disorders

·                  Treat all injuries as soon as they happen

·                  Increase flexibility

·                  Strengthen lower back, abdomen and shoulders

·                  Gradually increase intensity of practice

She lists suggested readings and a list of interesting articles. The book Developing A Successful Cheerleading Program, by Pan Headridge and Nancy Garr looks like interesting reading and is available at Amazon.com as well as Barnes & Noble.com.  The book costs $12.54 and if it saves a life or prevents an injury that results in a life of misery, then it is well worth the price.  Coaches Choice if the publisher and it’s in paperback. The ISBN is 9781585188994.  Headridge also wrote 101 School Spirit Ideas. Cheerleading, by Inside Cheerleading Magazine is another resource for cheerleading programs to design their program around safety.

Coaching Cheerleading Successfully, Linda Rae Chappell is described as the definitive how-to book is sure to meet the needs of the growing number of cheer coaches, sponsors, and parents. Covering both support and competitive cheering, it explains cheer techniques and tactics, as well as how to plan and develop cheerleading programs. Through text and illustrations, you'll learn basic cheerleading skills - hand positions, arm and leg motions, and jumps; how to combine skills to develop the precision and timing required of a top squad; mounts and pyramids, from beginning to advanced; how to develop a coaching foundation and plans for the season; important safety guidelines from the National Federation of State High School Associations; and much, much more.

With states allowing the costs of mistakes to be shouldered by the cheerleaders and their parents it’s more important than ever that they have the right insurance and personal safety plan. Cheerleaders need to make decisions about those stunts they will and will not do. This reminds me of a summer during law school when I worked construction building grain storage facilities. My boss was a great guy I totally enjoyed the hard work. His name was Tell Coffey and he was tough but always fair. For months I worked the ground as a carpenter framing walls and ceiling panels. After all panels were poured the idea was to lift each panel off the ground and set it into place using a crane. Each panel weighed probably more than 1,000 pounds. The day they were to set panels he motioned me to stand on a panel that had been hooked up to the crane. As we rode up to the top of a couple of walls that had been set he motioned for me to get off and to stand on a 6” wide wall panel. I looked at him, and with a smile said, Tel, I’ve not worked this hard in my life to get killed or brain damaged. I wasn’t willing to risk my brain or life for a few dollars. I’d worked too hard to get into and through a year of law school and wasn’t willing to risk losing it all. You have to do the same with your personal cheer plan. Decide what you are willing to risk and just say no.

On this page I’m going to develop information devoted to keeping you safe and informed about developments in Cheerleading. It will cover high school and college or university cheerleading programs. If you find an interesting article send me the name, author and/or link. I’ll add as many as I can and link to those organizations that promote cheerleading and cheer safety. Let’s work together to keep you safe, happy and moving onto the next stage of your young lives.

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Library for Cheerleading Safety and the Law of Cheerleading:

• 2009-2010 AACCA High School Safety Rules   
  Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life.
• 2009-2010 AACCA College Safety Rules   
  Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here.
• NCSF & NCSSE Partner for a New Era in Cheer Safety   
  Description: The National Cheer
  Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
• NCSF & NCSSE Partner for a New Era in Cheer Safety [PDF]   
  Description: The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

NCSF and NCSSE Team Up for Cheer Safety

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Kimberly Archie, director of the NCSF is a tireless advocate for safety and works tirelessly to make the sport safer for those participating. Frederick O. Mueller, Ph.D. probably says it best when he points out the efforts of the NCSF are to apply science to cheering, making it a safer sport. By applied standards they should be able to reduce the number of injuries, disability and deaths from cheer injuries. We can deny it all we want, but like sticking our head in the sand injuries and deaths won’t just go away, without those in charge taking charge.

I for one can attest to Kimberly Archie's dedication. She regularly provides information and press releases for cheer safety.

For more information visit www.nationalcheersafety.com or contact us at 800-596-7860. To report cheer injuries go to www.cheerinjuryreport.com.

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

Pipe Rolls off Truck Killing Ft. Dodge Man

On Monday July 20^th 2009, Larry LaCroix of Fort Madison died at University of Tennessee Medical Center in Knoxville after he was crushed by a load of pipe he was delivering to the cleanup site of a coal ash spill in Tennessee. Mr. LaCroix was releasing a hold-down strap on his flatbed trailer when the 20-inch diameter pipe came loose and rolled on top of him officials said The cleanup was halted temporarily so that safety procedures could be reviewed with the hundreds of workers at the site.

While deaths like this happen all the time a majority of the time they are completely unavoidable and you have to ask yourself a couple questions:

1.      Did the procedures in place lead to the untimely death of Mr. LaCroix?

1. Were the safety procedures followed by Mr. LaCroix and by the other workers involved?
2. Were the workers being pushed along to unload quickly or in ways an accident was inevitable?
3. What if anything could have been done to prevent such a tragic death?

Dependents of Mr. LaCroix are entitled to workers’ compensation benefits. Those benefits may be higher in Iowa, of which they may be entitled. The insurance company isn’t likely, based on past practices in the industry, to pay the highest benefits to the widow or dependents. The dependents should contact an Iowa lawyer to review how much is being paid in weekly indemnity benefits. Weekly indemnity benefits are those benefits received like a pay check. He is also entitled to some death benefits and medical benefits.

1.                  Should workers’ compensation benefits be paid in Iowa or Tennessee?

2.                  Are there dependent benefits owing?

3.                  If benefits are being paid, is the correct amount being paid?

4.                  Have all death benefits been paid?

The Des Moines Register article indicates the construction site was at the Tennessee Valley Association’s Kingston Fossil Plant near Knoxville. He was working for WW Transport from West Burlington, Iowa. There are two companies with similar names registered in Iowa.

150289	W. W. TRANSPORT, INC.	Active	Legal
272526	W.W. TRANSPORTATION, INC.	Active	Legal

W.W. Transport, Inc. is out of Burlington, Iowa on Mt. Pleasant Street. (Corp. No. 150289)

W.W. Transportation, Inc. is out of Ft. Dodge, Iowa. (Corp. No. 272526)

W.W. Transport, Inc. has offices in Iowa, Illinois, Ohio, Pennsylvania, Florida, North Carolina, Texas and Indiana. The main office is in West Burlington. webpage states:

W. W. Transport was started in 1991 when Jeff Walters, (president of the company), saw an opportunity to better supply raw materials to a local concrete company. Jeff and a few partners bought a truck and a specialized trailer to haul aggregate and cement to the pre-cast concrete company. They also purchased a flatbed trailer to help with the delivery of finished product. It was not long before they ventured into bulk hauling, vans and specialized hauling with flatbed and heavy haul equipment. The company has grown to a fleet of over 200 trucks with terminals in PA, IL, FL, TX and OH. Our largest division at this time is the bulk division followed by flatbed and van.

Straitline Transportation is owned and operated as a separate company, while residing under the same roof as W. W. Transport. Straitline owns assets, and leases them to W. W. Transport. Straitline’s main responsibility is to operate a brokerage and logistics company that works as a partner with W. W. Transport. W. W. and Straitline are two separate companies that work together for the benefit of our customers. We have the ability to move freight as an asset based carrier or a brokerage. We operate trucks in the 48 contiguous states and have customer and carrier contacts all over the nation. We have experienced drivers, and strive to maintain a clean and safe fleet.

 We hope to grow our brokerage and fleet operations by partnering with quality minded, leading edge customers that are looking for a quality carrier that can handle all their transportation needs. We want to provide a one-stop shop for our customers. We believe that profitability is important for both parties and that in order to make money, quality communication is key. We work hard to make ourselves accessible and will continue to work and grow with the customers we serve.  

Van Crashes into Train in Adams County, Iowa

On July 20^th 2009 a man driving a van crashed into a moving train in Adams County. While the crash happened two miles east of Nodaway near the RAGBRAI route it was not apparently a RAGBRAI support vehicle. Sheriff’s stated that one person was in the van at the time of the crash and that he apparently wasn’t seriously injured. While the cause of the crash is currently under investigation and the driver didn’t (or wouldn’t) say why he hit the train you have to wonder if there was some distraction in the van. For instance we’ve seen many driver distractions that include texting, talking on the phone, pets, children or being under the influence? Whatever the reason we are happy he’s alive and not seriously injured.

Wrong-way Drivers Collide on Highways across the United States

Wrong-way collisions are frightening to think about simply because there are so many deaths associate with being involved in one. Also, considering you have two vehicles, or more, traveling in opposite directions towards each other at 70 M.P.H. the forces generated on impact are tremendous and almost certain death.  But we do have to examine them and educate ourselves about how to recognize and to avoid this near-certain death car-truck-motorcycle-SUV-van crash.

Wrong-way Collisions Blog – Brooks Schuelke, Wrong Way Wrecks Are Still A Problem – This recent post is a good starting point because it refers back to other posts on this subject, listing 6 posts for you to review.

Dallas, Texas – July 2009 – Fault & Prevention Discussion - The Transportation Blog by reporter Michael Lindenberger suggests lowering the signs for those going the wrong way. He says with wrong-way drivers it’s all about drunk drivers. I don’t agree with him.

Providence, Rhode Island – July 2009 – Inner City - No Injury – Age of driver unknown - The Providence Journal has Wrong-way driver abandons junker at Waterplace Park; reporting a joy ride was driven the wrong-way inside a pedestrian tunnel. No one killed or injured.  Here is a description of the route the car thief took for his joy ride the wrong-way:

At the wheel of a clunker at 2 a.m., a motorist sped the car up over the curb outside the tony condo building and drove through the short pedestrian tunnel under the building, then plunged down two flights of stairs to the railing around Waterplace Park, police Lt. Michael J. Figueiredo said. With nowhere to go but into the water, the driver banked a sharp left, drove over the pedestrian walkway over the river and tried, without success, to take a right onto the handicapped ramp at the Memorial Boulevard end.

So, the motorist backed up, parked outside the condo building's plate-glass windows, and ran off -- leaving behind a puzzle: How to get the battered Nissan back out.

Vancouver - Canada – July 2009 - Hwy 99 – Elderly female – 85-year-old – death and serious injuries - southbound in northbound lanes of Highway 99 – 5:38 PM - Two collisions, the first was one car attempting to avoid colliding with the wrong-way driver and the second was a head-on crash with the wrong-way driver. Driver going wrong way on Highway 99 dies + Confused 85-year-old dies after causing two accidents driving the wrong way on Highway 99.

Wrong-way Drivers Collide in Texas

Dallas, Texas – July 2009 – Dallas North Tollway – June 1, 2009 you can listen to the 9-1-1 call about wrong-way driver on the Dallas North Tollway. Age of driver is 28 years-old, female; head-on collision resulted in killing both drivers. On June 21, 2009 same turnpike a 27 year old male drove head on into another car injuring himself and two other women.

Listen to frantic 911 calls warning of wrong-way drivers on Dallas North Tollway.

June 1, 2009 911 Call transcript link.

June 21, 2009 911 call transcript link.

Dallas, Texas – July 2009 – NTTA to use flashing lights to warn drivers when they are heading the wrong direction.

“New reflective buttons, laid out in the shape of arrows, are being put on lanes at each of the 47 exit ramps on the tollway, North Texas Tollway Authority officials said Tuesday. Headlights from a vehicle headed the wrong way on an exit ramp will make the arrows pointing at the driver glow red.

NTTA has also installed 25 new warning signs, bringing the total number of "wrong way" or "do not enter" signs to 215. By comparison, just three people died in 28 wrong-way crashes reported by the Texas Department of Public Safety between 2003 and 2008. At least 18 involved alcohol or drugs, and alcohol has been a factor in three of the five crashes this year. The other two are still under investigation.

"It's a national and international problem," said Allen Clemson, NTTA executive director. "We're not sure it's ever going to go away."

NTTA revs up effort to warn wrong-way drivers on Dallas North Tollway

Fulton, NY – July 2009 – I-481 – Friday night, 60-year-old male – south direction in northbound lanes. Three deaths. Driver in wrong-way crash entered highway in Fulton

by Sarah Moses / The Post-Standard , Tuesday July 14, 2009, 8:22 PM

In addition the NTTA is considering three other changes to avoid WWD’s.

The NTTA is considering:

• Installing sensors in pavement that would detect a vehicle headed in the wrong direction so law enforcement could be alerted more quickly.

• Using electronic signs to send messages that would alert motorists that a wrong-way driver is headed their way.

• Lowering "do not enter" signs on exit ramps to make them easier to see.