Must I Exchange Patient Waivers When In A Lawsuit?

Answer: Litigation is contentious by nature, but the legal process does require the exchange of information to avoid some trials. After a lawsuit is filed there are stages to the litigation.

Should this pedestrian, after being hit by a car, allow the insurance adjuster to speak directly to the hospital?

I can't answer your question without knowing more. First is this your insurance company wanting permission to speak with your doctors? Or, is it an at-fault driver’s insurance company?

Why is a conservatorship required in Iowa for a minor's personal injury settlement?

With a child (a minor), in Iowa for any significant settlement there will need to be a conservatorship set up to protect the child's money.

Parking Lot Pedestrian Taken Out By Hot-Head Driver

You should continue to follow up with your treating doctor and let the lawyer work out a settlement. The lawyer's job is to take away your worries about the case.

Red car rear ends blue car, that then hits pedestrian in crosswalk, who can be sued?

Iowa Personal Injury: What do our readers think about someone wanting to settle quickly? Yes go for it or no hold off and do it right?

How can a man live and work for 20 years in the same community and no one know him?

How can a man live and work for 20 years in the same community and no one know him?

Volunteer Rescuers in Interstate Highway Pedestrian Accident

When you get out of your car on the Interstate keep your head on a swivel to see if the lane is clear. Wow, this is a bad situation.

Pedestrian Accident in Black Hawk County

Do you need an Iowa personal injury lawyer for your pedestrian accident? Call Attorney Lombardi at 515-222-1110

Fatality pedestrian accidents for April 14, 2012

There is only one report, it’s a full report and is the pedestrian death from Cerro Gordo County from April 3, 2012. I’ve previously covered this story. Attorney

Pedestrian Struck in Cerro Gordo County Intersection

Cerro Gordo County Pedestrian (Carolyn Mahaffey) struck by truck. (Christensen). First thing to do is to check for driver vision or eyesight issues.

Update: Mailbox pedestrian accident in Boone

Personal injury lawyer, Iowa, Julie Betts, pedestrian, mailbox … died... the driver didn’t see her... Lombardi Law Firm, 515-222-1110 or sdlombardi@aol.com

Teen Pedestrian Hit on Blairs Ferry Road

An accident between a 13-year-old pedestrian and a car driven by a 25-year-old driver on Blairs Ferry Road in Cedar Rapids sent the kid to the hospital.

Pulling trailer leaves man with loss of leg

If you're involved in an I-35 accident in Iowa give us a call. Sdlombardi@aol.com or 515-222-1110 or Lombardi Law Firm at www.lombardilaw.com

Pedestrian-DART Personal Injury

Again in the news is a personal injury accident involving a pedestrian who allegedly slipped off of a curb and under the wheels of a bus a DART bus. Witness descriptions are not favorable to the pedestrian.

Iowa Personal Injury News for February 22, 2011. Pedestrian, collisions and house fires

There are several interesting stories out there including two hit-and-run collisions. The southbound ramp at Euclid and I-235 was closed on Feb. 18, 2011 due to a collision. Accident occurred at around 7:15 a.m. perhaps it was rush hour. How did that happen? And in Des Moines a man riding a bicycle with no reflector, dark clothing was struck by a Ford Crown Vic driven by a 56-year-old man. The cyclist was swiped from behind and taken to Mercy Children’s Center on Saturday night. The cyclist wis James Mohler, 18. The man driving the car claimed to not have seen Mohler due to darkness and the failure of Mohler to use clothing and reflective tape to make him more visible after dark. I wonder if any check the driver’s vision to see if it is impaired in any way. See Car strikes, injures nighttime bicyclist, Register.

Postal Worker struck by car – car and pedestrian collisions

This is an interesting accident that I've not heard about previously, but one that I half expect to see more of; except that the postal workers seem to be pretty adept at watching out for their own safety. In this personal injury accident a postal worker was struck by a van while delivering the mail. The postman is not Neuman, he's Gregory Kline from Bettendorf, Iowa. He's 52-years-old and was crossing West 3^rd Street heading north; but beyond that there isn't much detail in the news article. The story was covered by WQAD, News 8 out of southeast Iowa.

Bettendorf postal worker seriously injured after being struck by van
WQAD
The 52-year-old was taken to Genesis East and then transferred by Med Force helicopter to the University of Iowa Hospitals. The driver of the van was not ...
See all stories on this topic »

Do cars have to share the road with bicyclists?

There is a certain tension between car drivers and bike riders over who controls the road. Some drivers of cars don't like bike riders. Some cyclists have had problems with car and truck drivers forcing them off the roadway. It's a tension that is a waste of energy because in a crash the bike or motorcycle rider has little chance against 2,000+ pounds of metal. Give them room because when a car's driver runs one over the prosecutor will look at every angle to charge you. Remember they prosecutor is a politician, meaning they want to be viewed by the voters as tough on crime. And that can't be good for you.

Pedestrian is killed and driver of Hummer is not charged.Why?

Just because criminal charges are not filed won’t preclude a civil action because the legal standard for finding culpability are very different. The criminal case focuses on whether there is evidence of a crime and the standard is beyond a reasonable doubt. The civil law focuses on whether or not there is a preponderance of the evidence to show the driver was negligent. Of course comparative fault is of the pedestrian is also at issue. Essentially were one or both at fault, negligent, in causing the accident.

Des Moines DART Ducks Liability for Hitting Pedestrian

The verdict in the most recent bus accident case put blame on the pedestrian by finding for the bus driver and company. The jury assigned only 8% of the fault on the bus driver, a finding that makes little sense and assigned 92% of the fault to the pedestrian. The DART lawyers did their normal show and tell with apologizing for the man’s injuries but that’s completely ridiculous. I’m not even sure why the court allows an apology. What difference does it make that the lawyers come into court and say they are sorry. Everyone knows they aren’t otherwise they would have visited the partially disemboweled pedestrian while hospitalized. And even if the lawyers were so-so-sorry so what? What has that got to do with liability or damages? It’s simply a way to play to the jurors emotions in favor of the defense. A defense lawyer’s emotions are not a part of the evidence and shouldn’t be a part of the considerations.

Pedestrian Safety: During the shopping crush!

While out shopping and walking back to the car watch out! Hurrying to the car with all your bags of gifts in the cold and wet weather can be just the right situation for a pedestrian accident.

Metro Bus Drivers Are, Like Pedestrians, Just Working Stiffs

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was hit by another Metrobus driving in the same direction; a bus which came up along the side. The D.C police said she was at the Mount Olivet Road stop between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

 

The case is under investigation, and the bus driver’s blood was tested, and they were placed on paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.” They need to determine more precautionary methods because this issue is a serious one:

 

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

 

Pedestrians too have an obligation to use heightened safety measures. When walking the city streets have your head on a swivel; meaning, look all around you as you step into the street. Stop before you step off the sidewalk into the street. Look both ways several times. We are all in a hurry, or so it seems. Many people seem distracted with this economy and the mess Wall Street and Washington have created for those who don’t get multi-million dollar bonuses and “campaign contributions”. Most of the people who work for enough just to pay the rent and to put food on the table are most likely depressed. But raise your head up and look carefully before you step into the street, because the bus drivers are more like you and I then the Wall Street crowd; and they too are just as distracted.

 

And remember the words of Michael Conrad just before he sent his troops out on the streets

Florida Elementary School Bus Hit and Killed a Pedestrian

Florida School Bus Hit and Killed a Pedestrian

 

In Palm Beach County, Tequesta, Florida, a pedestrian was hit by a school bus on Monday, October 5, 2009 at 7:15am, according to online news sources Justice News Flash. The bus was picking up Limestone Creek Elementary students when it made a left turn from Seabrook Road onto Tequesta, when Jerry Licklider, a 69 years old from Jupiter, walked in front of the bus, was hit and then pinned underneath the bus. Tequesta Fire Rescue got Licklider out from under the bus, and then Palm Beach County Fire Rescue crew brought him to St. Mary’s Medical Center. He later died from serious injuries. The bus had on it 20 students at the time of the accident, but were reported to have no injuries, and arrived safely to their school by another bus. I'm not sure that's a safe assumption. Young children seeing a pedestrian run over and then later learning he died could develop some very mixed up emotions and thinking. They could suffer from PTSD. Better check that out.

 

Tequesta police are investigating the pedestrian collision.

Pedestrian Safety: Can you get run over by a bus?

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was struck by a second Metrobus. This second bus was driving in the same direction and came up along the side of the first bus. The D.C police said she was at the Mount Olivet Road stop, between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

Pedestrian Safety: Stop, look and listen before you walk across traffic.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on a paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.”

They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

Lombardi Law.com

1. Video Library | Lombardi Law Firm

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Injuryboard:Des Monies

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If you drive into a pedestrian you have a lot of explaining to do.

On September 19^th 2009 Lucie Sabimana veered out of control hitting several parked cars, one of which hit and injured two pedestrians, before hitting the Goodwill Industries building in Cedar Rapids. While no charges have been filed and the injuries appear to be minor, we have to wonder what caused Miss Sabimana to lose so much control of her vehicle that so much damage happened? The accident remains under investigation.

What caused this vehicle to veer out of control? What was her distraction?

Today we're on the Blues Train with harmonica players. I've reported on two train-car collisions and thought it appropriate even for this wreck.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54.  Hit by a white truck on Warren County Road G14, according to the Des Moines Register.

The white 1986 Chevrolet pickup was discovered to belong to Paul “Jud” McKinney, through investigating surveillance photographs, according to the Des Moines Register.  The 79 year old McKinney will go to court on September 22, 2009 to face the following charges:

-leaving the scene of a fatality
-concealment of evidence
-failure to maintain control

If convicted of all charges he could face seven years in prison.

An underlying cause for McKinney hitting the bicyclist is a vision problem called macular degeneration which causes a decline in vision especially in the central visual area, vital for driving. According to the Des Moines Register, “McKinney's sister, Elsie Manning, told The Des Moines Register that her brother has macular degeneration, a condition usually found in older adults that results in a loss of vision, especially central vision.” Though, “a Warren County sheriff's investigator said he was unaware that McKinney had macular degeneration and did not know if it figured in any way in the fatal crash.”  McKinney was to renew his license in October, having to renew it every two years due to his eye condition. Scott Falb, a DOT driving specialist said, “in Iowa, drivers may be issued a four-year license until the age of 70, but after that the state ‘wants them to come in every two years to appraise their condition as a driver’." Even though McKinney had macular degeneration, because of his age he still had to go in every two years to be evaluated.

According to the Des Moines Register:

“In Iowa in 2008, 15- to 24-year-old drivers had a rate of 3.28 fatal crashes per 10,000 licensed drivers. That dropped to 2.54 in the middle years and then headed up again as drivers reached their 70s, Falb said. At age 85 the rate reached 3.56 fatal crashes per 10,000 licensed drivers.”

From this current issue debate is rising on whether there should be stricter rules applied to older drivers. A news article from channel 13, WHO, discusses this question in regards to other cases besides McKinney.  One such case is Margaret Winter who is in her 80’s and uses a walker to get around, but also feels she should be able to drive her car.  She went in to renew her license and the DOT required her to take a test, which she failed at least twice. Winter feels it’s unfair and wrong that she cannot have her license since she has been driving for 55 years. Watch a clip from this issue on Ms. Winter.

What do you think is too old and how this impacts our roads we all use in some way or the other?

http://www.whotv.com/videobeta/watch/?watch=e97bf4db-82e0-4cb1-bb8b-340c10da9616&src=front