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The Lombardi Law Firm Blog

Blog Category:

Pedestrian Collisions Causing Injury and Death

6/3/2010
Steve Lombardi
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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.

12/23/2009
Steve Lombardi
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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.

11/12/2009
Steve Lombardi
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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



11/2/2009
Steve Lombardi
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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.



10/30/2009
Steve Lombardi
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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.”

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10/20/2009
Steve Lombardi
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If you drive into a pedestrian you have a lot of explaining to do.

On September 19th 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.



9/18/2009
Steve Lombardi
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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

 

 



9/4/2009
Steve Lombardi
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Finishing out the series on Pedestrian Safety with A Painful Case by James Joyce

Now you’re on the roadside after breaking down, you’re pulling out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say.  Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him.  This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference.  Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness?

 



8/6/2009
Steve Lombardi
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Pedestrian Safety: To avoid being hit you need to keep your head on a swivel.

Do you want to see what it looks like when a car strikes a pedestrian? Watch this video of and you won't cross the highway the same way as a pedestrian.


Now you’re on the roadside after breaking down, you pull out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say.  Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him.  This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference.  Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness?

 



7/23/2009
Steve Lombardi
Comments (0)

Another DART bus-pedestrian collision in downtown Des Moines

On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg. Now that’s an ouch-moment beyond the imagination. When Mr. Delpierre was asked if he could back up the report says he appeared in shock and while there has been speculation about whether Ms. Lima was in the crosswalk or not, witness Scott Vanscoy is quoted as saying, “It shouldn’t have happened, she had the right away”. On the Des Moines Register message board a message left by a Vanscoy (Scott Vanscoy?) had this to say, “This woman was in fact in the cross walk, I saw her there. And the comment about him holding her hand until paramedics arrived...My only memory of the driver being there was when he initially came over and proceeded to scold the victim for not watching where she was going! Your comments are just about as sickening as the drivers!”

To further support her case it seems that these accidents are common when the DART bus drivers are making left hand turns as this is the 6th such incident involving accidents when making left hand turns since 2007. With the number of accidents it makes citizens wonder if their training is sufficient or if something else is going on. Are the pedestrians not watching out as well? Are the drivers and pedestrians making eye contact to know each knows the other is aware of their presence? If not, how about if one or both stop.  While the bus agency’s general manager said that she was not in the crosswalk he admitted that the accident was going to force them relook at having all drivers make only right hand turns in order to avoid any further incidents.



7/21/2009
Steve Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much. Today's news items have to do with highway workers, the police and establishing good eye contact which seems to be a repeating theme for pedestrian safety. Read and hopefully learn how to avoid being a statistic.

Miami, Florida – January 2009Highway workers are at great risk when working along the highways of American. In this story someone dropped thousands of shoes, with shoe laces tied together, on a highway. The picture is well worth the effort to see what thousands of shoes look like all strewn about on a highway. In this video while a highway worker sweeps the shoes from one lane of travel traffic just keeps on going by heading to work.

San Diego, California – December 2008 – The lawyers at Estey and Bomberger again bring us news of a pedestrian accident in the Core-Columbia district of San Francisco. The woman was struck while crossing the street by a vehicle turning left; which brings up another point about safety. Even when drivers stop you can’t trust they will remain stopped. Before walking out into the roadway look the driver right in the eyes, make eye contact and if you can’t do move one inch. Establishing eye contact is an important pedestrian safety measure. If you have eye contact then unless the driver is brain dead they shouldn’t move and should be more aware of your presence.

Beech Grove, Indiana – January 2009 – A mother of two young children was run down and killed as she stepped out into the roadway. The car was a patrol car being driven by police. The police officer did not have the siren or lights on and was responding to a call for assistance related to a burglary shortly after 9:00 p.m. This brings us to make a new point to the police, if you’re going to respond to a call for assistance and can’t activate your siren then be more careful while driving towards the location. Without lights and sirens pedestrians may not have the right amount of attention focused on your patrol car. Pedestrian accidents with patrol cars and police cruisers aren’t all that unusual.



7/13/2009
Steve Lombardi
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Pedestrian Safety: News Roundup Continues - Interstate Breakdowns

Columbus, Ohio – December 2008 – Freeway breakdowns make you a pedestrian. In this story from the Columbus Dispatch, two separate pedestrian-vehicle collisions occurred on Columbus freeways. In both instances a driver was stopped along the highway, out of their car when they were killed.  These cases demonstrate a safety tip about being a pedestrian on the highway. You become a pedestrian as soon you leave your car or truck or motorcycle and start out on foot. Whether it’s because you ran out of gas, experience a breakdown including engine failure or a flat tire, or have a fender-bender; you are a pedestrian as soon as you step foot on the highway pavement.

Let’s heed the advice of Edward DeVennish of the Columbus police traffic bureau.

"The fact is, 10 to 20 percent of freeway crashes are caused by a minor incident that blocks a traffic lane," said Lt. Edward DeVennish of the Columbus police traffic bureau. "At freeway speeds, it doesn't give you much time to react."

DeVennish said drivers involved in minor-damage, noninjury crashes on freeways, or those experiencing mechanical problems, should get their vehicles off the right side of the road immediately. The message is reinforced by signs posted along freeways.

The State Highway Patrol released a tip sheet about winter driving this week that instructed drivers whose vehicles break down to "safely position the vehicle as far off the road as possible."

Lt. Tony Bradshaw, a patrol spokesman, called it "imperative" that drivers get damaged vehicles out of moving lanes when the vehicles are drivable and there are no injuries.

Bottom line is after minor traffic accidents on the highway do not stop on the traveled portion of a highway to exchange information with the other driver. Get well off the traveled portion of the road. Get as far over to the right as you can; and if you can’t get out of the car and stand well off the highway. 

And remember those flares your father used to carry in the trunk? Well get some and use them. Also carry a cell phone and don’t ever stand on the traffic side of your car. You should be standing facing traffic to see if the cars coming towards the collision site are paying attention and seeing you.

“Bradshaw and DeVennish said drivers and passengers must determine whether they'll be safer staying inside a disabled vehicle or getting out and moving as far away from traffic as possible.

"You don't want to be sitting in a car that's a target," DeVennish said. But those who choose to get out of a disabled car must exercise extreme caution.

"The freeway is no place for a pedestrian to be," he said. If the car is on the berm, "you don't want to be standing on the traffic side of your car, or immediately behind or immediately in front of your car."

Bradshaw said sitting in a vehicle on the berm, with the hazard lights flashing, generally is safe.

Motorists should carry a cell phone to call for help if they get stranded, as well as road flares or reflectors to warn other drivers, he said.”



6/29/2009
Steve Lombardi
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Driver and passenger's arguing leads to possible criminal charges

Fort Lauderdale, Florida – January 2009 – From Chalik & Chalik along with the Sun Sentinel we bring you this January 22, 2009 report of pedestrian mayhem in the sunny state of Minnie and Mickey. In this blog report, be discerning about what you read because some appears not to be accurate; the report mentions a different way a pedestrian was injured. It seems that a woman and her boyfriend were driving on or somewhere near Interstate Highway 595 while having an argument.  The boyfriend, apparently had had enough, got really mad and kicked her out of the car. She was probably just as angry, not thinking with a clear head and mad at the world allowed her emotions to take over paying attention to what was going on around her. A detective driving along on the highway must have struck her with his cruiser. She survived. Okay if you’re angry with a passenger it’s probably better to stop for gas, ask them to go into the convenience store for gum and then while they are inside drive away, leaving them safe and not so happy at the soda machine. Of course turn off your cell phone and call their mother telling them their location, so they can be picked up.

This news item does interest me because I’ve seen several news reports of this type of injury occurring of late. The Milwaukee Journal Sentinel reports on a 27-year-old Milwaukee woman and her 29-year-old husband being arrested and recommended for homicide charges after losing control of the Ford Taurus she was driving while arguing resulting in a person’s death. The person fatally injured was riding a motorcycle. The female driver rammed a black SUV that then struck the motorcycle.  The Ford Taurus rolled three times after crashing into the SUV.

As the driver it's your responsibility to not lose control of the car.  While driving, remember to use your head before someone loses their life.

 



6/25/2009
Steve Lombardi
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Pedestrian Safety: One solution that curbed collisions

We are back again today continuing with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. How about if for this month, both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   This one is mostly from Pennsylvania where the Record did such a good job of editorializing on the issue of pedestrian safety.

East Stroudsburg, Pennsylvania – April 2009 – A woman was struck and killed as she walked onto Route 611 at the intersection of Glen View Drive. The Pocono Record took the opportunity to editorialize on the issue of driver and pedestrian safety issues. The Record states:

“Transportation officials say 80 percent of crashes stem from drivers' mistakes, everything from driving under the influence to aggressive driving. Pennsylvania Department of Transportation spokesman Ron Young said growth areas where traffic volume rises and causes congestion typically produce more crashes and traffic deaths. Monroe County's rapid growth has stabilized, yet the high rate of accidents continue[s]. [sic] Especially troubling is that at least 12 pedestrians and one bicyclist have been struck by cars or trucks over the past two years in Monroe County.

What to do? The Safe 80 Task Force began in early 2001 after an especially horrible truck accident killed two passing motorists on the busy interstate. Local residents and officials joined forces to look for ways to improve safety. Intensive enforcement by the state police dramatically curbed speeding. An interagency truck safety enforcement project pulled hundreds of unsafe heavy commercial vehicles off the road. Strategically placed white highway dots helped clue drivers in on safe following distances. The task force worked on educating motorists and increasing safe driving behavior.

The result?  The I-80 accident rate fell.

Monroe and Pike citizens must pursue ways to stem the gruesome tide of serious accidents. State and local police should rededicate themselves to targeted problem areas. Road margins must be painted regularly, and signs should indicate pedestrians where appropriate. Schools and parents must educate children on how to walk safely to bus stops and how to cross safely at intersections. Thousands of children and teens living in far-flung housing developments desperately need that basic but potentially life-saving education.

Monroe County's fragmented state delegation — six senators and four representatives — should cooperate to push legislation that will allow local police, not just state police, to use radar on speeders.

And of course motorists themselves must commit to safe driving habits, dropping the cell phone and other distractions and focusing on the road.

The early enthusiasm behind the Safe 80 program paid dividends. Let's renew the local commitment to highway safety, helping to make driving a privilege and not a threat, and start saving lives again.”

See Expand Safety to Pocono Roads, April 14, 2009.

I apologize to the Pocono Record for quoting so extensively but they should get credit for saying it so well. I couldn’t have stated it any better. Are you sure you guys and gals aren’t personal injury lawyers?  Let’s hope the legislature follows their advice.

In a related story Susan Koomar, the Record Senior Managing Editor lists at least fourteen additional pedestrian-car-truck collisions in which the pedestrian was seriously injured or killed. Some pedestrians sustained a head injury and brain damage that did not kill them but more than likely disabled them for life. These collision scenarios include walking to school, walking home from work, walking to the bus stop, walking along the road side to get gas after running out of fuel, standing on a street corner waiting to cross, a child riding a bicycle, drivers veering and striking pedestrians while in pedestrian safe zones, driving while intoxicated and drivers speeding. 

 

 

 



6/24/2009
Steve Lombardi
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Iowa's Pedestrians are always at risk of serious injury or being killed

Once again today we continue with the pedestrian-car-truck-bus-train collision news items. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.

Burlington City, New Jersey – January 2009 – Highway Route 130 in Jersey proves one thing if nothing else; building interstate highways through congested areas without pedestrian bridges is a recipe for disaster. At this particular location there are so many people being killed that the Tri-State Transportation Campaign named the entire stretch of Route 130 through Burlington County and Atlantic County’s White Horse Pike as the two most dangerous roads in New Jersey for pedestrians.

In January a 26-year-old man was struck and killed while attempting to cross it. On December 9th a 4-year-old boy was struck and killed trying to cross at the intersection.

On Sunday of last, a 55-year-old woman was struck and killed while attempting to cross this highway.

All told, last year alone 12 pedestrians and four bicyclists were killed in the county. Not really bragging rights I’d say.

Pedestrian Safety – Recent news stories about how dangerous situation confront pedestrians

St. James, Missouri, April 2009 – This story is brought to us by The Rolla Daily News. Although I hate to sound trite, this is another pedestrian crossing the street collision with an oncoming car or truck where for whatever reason the driver doesn’t see the pedestrian, strikes and kills him. The driver this time is 21-years-old and the pedestrian is 29-years of age.

According the newspaper,

Scheider approached Interstate 44 from the south, was successful in crossing the eastbound lane but was struck in the westbound lane by Drew, who was westbound near Hutcheson Ford.

According to the report filed Cpl. Doug Melton of the Highway Patrol, and statements taken from Drew, Scheider appeared out of the median ditch and headed into the westbound traffic.

“The driver made the call immediately to 911 and said he hit a guy,” Melton said. “The guy came out of the ditch in-between I-44 and was trying to cross the interstate.”

The accident occurred just before 8:53 p.m. Friday, which is when the MSHP received the call.

On Monday, Crain warned pedestrians about dangers around interstates.

“The interstates are very dangerous. With vehicles traveling 70 mph, they’re upon you very quickly,” Crain said. “And at night, with headlights in your eyes, as this accident was, your depth perception is not as good. It’s very difficult to judge the speed of the car.”

Crain warned all pedestrians, and motorists who become pedestrians, to be careful on the roadways.

That’s good advice about how difficult it is to accurately determine the speed of oncoming traffic. Pedestrian safety is about being overly cautious and not running before you are sure of distances and speed of oncoming cars and trucks. Pedestrians can not be overly cautious. 



6/22/2009
Steve Lombardi
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Iowa Pedestrian Injuries and Deaths - The problem with high standing SUV's.

Let us continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we’ll look at one additional news item. This one provides a reason (cause) as to why pedestrians get struck so many times by SUV’s and then what can happen afterwards. First SUV’s have a lot of blind spots. They can have huge mirrors but still they are so big that the blind spots can have pedestrian’s not shown in the mirror’s view. That means that when you drive an SUV you have to double your caution to avoid killing someone. Hopefully by analyzing how pedestrians get into accidents with motor vehicles maybe you can avoid finding ourselves in this situation.

Brooklyn, New York – February 2009 – Vans can be a higher type of vehicle sitting high off of the ground. Radios play loud and drivers have so many distractions available to them that the incomprehensible can actually happen. That’s an important fact to know in comprehending this news item. Trust me when I say this. From NYC Manhattan, Uptown. Downtown. This is Manhattan I bring you 17 miles of unexplained driving in a mental fog:

“According to the New York Police Department, a pedestrian crossing a street in Corona, Queens early Wednesday instead wound up being struck by two vehicles and his body being dragged an astounding 17 miles to Brighton Beach, Brooklyn.

At approximately 6 a.m., the man, who has not yet been identified, was struck by an SUV near Shea Stadium when attempting to cross 108th Street. Just seconds later, a dark colored van drove over the man, his body getting lodged in the vehicle’s undercarriage. According to investigators, the driver of the second vehicle was apparently oblivious to what he struck and carried on driving for 17 miles to Brooklyn until a passerby was finally able to call his attention to the man’s body.

In surveillance video obtained exclusively by PIX News, a man is seen exiting a vehicle that dropped him off on 108th Street, just before 6:09 a.m. The man is seen properly observing pedestrian safety rules as he crosses 50th Avenue. Soon after, a second man appears in the video and he is struck by the SUV. The first pedestrian, a witness to the accident, can be seen grabbing his head with his hands in disbelief. Police were called immediately afterwards.”

There is really nothing I can say about this one? But here is a video, which I would not advise not watching.



6/19/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: News Roundup Continues, How bad can driver distractions be?

Let us continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. And my mailbox is filling up again with more. Is there no end to the number of pedestrians that can get injured or killed by cars, trucks, motorcycles, busses, trains and trolleys? Today we’ll look at one additional news item that provides a theme or reason (cause) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.

 

Brooklyn, New York – February 2009 – Vans can be a higher type of vehicle sitting high off of the ground. Radios play loud and drivers have so many distractions available to them that the incomprehensible can actually happen. That’s an important fact to know in comprehending this news item. Trust me when I say this. From NYC Manhattan, Uptown. Downtown and all around there are pedestrian collisions happening, in just about every city in America. This one is from Manhattan and it brings you 17 miles of unexplained driving in a mental fog:

“According to the New York Police Department, a pedestrian crossing a street in Corona, Queens early Wednesday instead wound up being struck by two vehicles and his body being dragged an astounding 17 miles to Brighton Beach, Brooklyn.

At approximately 6 a.m., the man, who has not yet been identified, was struck by an SUV near Shea Stadium when attempting to cross 108th Street. Just seconds later, a dark colored van drove over the man, his body getting lodged in the vehicle’s undercarriage. According to investigators, the driver of the second vehicle was apparently oblivious to what he struck and carried on driving for 17 miles to Brooklyn until a passerby was finally able to call his attention to the man’s body.

In surveillance video obtained exclusively by PIX News, a man is seen exiting a vehicle that dropped him off on 108th Street, just before 6:09 a.m. The man is seen properly observing pedestrian safety rules as he crosses 50th Avenue. Soon after, a second man appears in the video and he is struck by the SUV. The first pedestrian, a witness to the accident, can be seen grabbing his head with his hands in disbelief. Police were called immediately afterwards.”

There is really nothing I can say about this one? But here is a video, which I would advise not watching if you’re at all upset by these types of collisions.



6/15/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: Can you get run over by your own car or truck?

Let us continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we’ll look at an additional news item that provides a theme or reason (cause) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.

Brooklyn, New Yuck – February 2009 – Vans can be a higher type of vehicle sitting high off of the ground. Radios play loud and drivers have so many distractions available to them that the incomprehensible can actually happen. That’s an important fact to know in comprehending this news item. Trust me when I say this. From NYC Manhattan, Uptown. Downtown. This is Manhattan I bring you 17 miles of unexplained driving in a mental fog:

“According to the New York Police Department, a pedestrian crossing a street in Corona, Queens early Wednesday instead wound up being struck by two vehicles and his body being dragged an astounding 17 miles to Brighton Beach, Brooklyn.

At approximately 6 a.m., the man, who has not yet been identified, was struck by an SUV near Shea Stadium when attempting to cross 108th Street. Just seconds later, a dark colored van drove over the man, his body getting lodged in the vehicle’s undercarriage. According to investigators, the driver of the second vehicle was apparently oblivious to what he struck and carried on driving for 17 miles to Brooklyn until a passerby was finally able to call his attention to the man’s body.

In surveillance video obtained exclusively by PIX News, a man is seen exiting a vehicle that dropped him off on 108th Street, just before 6:09 a.m. The man is seen properly observing pedestrian safety rules as he crosses 50th Avenue. Soon after, a second man appears in the video and he is struck by the SUV. The first pedestrian, a witness to the accident, can be seen grabbing his head with his hands in disbelief. Police were called immediately afterwards.”

There is really nothing I can say about this one? But here is a video, which I would not advise not watching.  Go Boston!




6/11/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup Continued... eye contact and freeway walking

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my email box. Our goal is to learn more about how to protect ourselves as pedestrians. In other words how not to get struck, catastrophically injured or killed (become a fatality) as a result of a bus, car, truck, motorcycle, train, police car or some other motor vehicle striking the pedestrian.  There are so many pedestrian accidents just since the first of the year. I certainly can tell its spring soon to be summer. As lawyer you don’t want to see me and I don’t want you coming into my office. Almost thirty years of doing this kind of work has brought me to the conclusion there aren’t too many lawyers or attorneys, there are far too many accidents.  

Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Salt Lake City, Utah, March 2009 – Back to Salt Lake where we have a 53-year-old man steps out from behind a parked truck, when an oncoming driver looks away, swerves and strikes the man causing his death.  Police point to speed of the car and inattention of the driver are partially to blame. In this case it seems we have a little fault all the way around. Notice the pedestrian and driver never made eye contact where there is that moment of recognition that each knows of the other’s presence. If the pedestrian doesn’t have the driver’s attention or acknowledgement that he knows the pedestrian is there, then the pedestrian shouldn’t assume the driver sees him. On the other hand if they did make eye contact neither maintained that contact as was indicated by the investigating officer.

Willis, Texas Walking on the interstate highway is never a good idea. In this instance a pedestrian walking on an Interstate Highway 45 was struck and killed around 12:30 Sunday morning. This section of the interstate was described as a desolate stretch of the freeway.  Drivers don’t expect pedestrians on the interstate highway system. That means that pedestrians need to be extra cautious about their movements. Quick movements don’t work in a pedestrians favor.

Lakeland, Florida, March 7, 2009 – In this mishap an unidentified man, not carrying his wallet, was struck and killed by a 2000 Mitsubishi car, while trying to cross the street in Lakeland, Florida. The accident occurred around 7:10 p.m. The car was driving south so the sun wouldn’t likely be a factor. A Mitsubishi is a low car, at least some models and it makes driving them difficult. Speed could be a factor as well as the pedestrian running quickly from a side angle.  For some drivers their peripheral vision isn’t what it was when they were younger. Pedestrians crossing the street and walking perpendicular to oncoming traffic need to pay particular attention to the driver’s face and eyes. Where are they looking? Are they acknowledging the pedestrian’s presence?

That’s it for today. Tomorrow we will be back with either a pedestrian collision or another Iowa news item about personal injury and collisions/wrecks/accidents.



6/7/2009
Nick Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. There are too many pedestrian collisions just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.  Today we examine Elizabeth, New Jersey’s pedestrian collision involving a firefighter.

Elizabeth, New Jersey - January 2009 – An early morning house fire placed firefighter Gary Stephens in the situation of directing fire trucks at the scene. As a veteran firefighter he found himself standing as a pedestrian behind a fire truck where he was run over. Whether the rear-warning alarm was working is unknown. As reported the fire was started by a homeless person attempting to stay warm.

http://wcbstv.com/video/?id=122076@wcbs.dayport.com

http://wcbstv.com/video/?id=122090@wcbs.dayport.com

http://wcbstv.com/video/?id=122067@wcbs.dayport.com

It’s a very sad story, one that was probably avoidable but without a full report there isn’t much to go on. They never did say if the backup rear warning device was working. Although that may have helped we can’t be sure due to sirens probably being used at the same time.



6/4/2009
Nick Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Again today we continue with several more pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   Today we start off in the windy city, Chicago, Illinois.

Chicago, Illinois – Forget about Chicago for this blog post because there are more than 1,000 pedestrian-car-truck-motorcycle collisions every year in the City of Chicago. I don’t have enough time or ink to write about them all.  The people of Chicago need to be more vigilant than in rural areas. I’ll devote an entire post or series of posts to just the inner city of Chicago. For today let’s look at Virginia.

Harrisonburg, Virginia – January 2009Three pedestrian deaths have occurred so far this year in Virginia. Two are discussed by the Times Dispatch News. One should be of interest to many of our readers. A 55-year-old woman was jogging “north in the southbound lane of South Main Street when she was struck by a car 273 feet north of West Fairview Avenue at 5:20 a.m. Anderson, a Harrisonburg resident, died at the scene.”

Richmond, Virginia – January 2009 – A Richmond lawyer in discussing the death of a pedestrian offers what we think is sound advice for pedestrians:

“This accident is a sad reminder that it is important to slow down and try and be aware of pedestrians and bicyclists that share the roads with cars.  It seems that there have been more people walking and biking lately and they often have no sidewalks or separate lane to use in their travels.”

Drivers need to remember and get used to sharing the road with bicyclists, pedestrians and other slower traffic. Getting angry at them or being impatient with the slower traffic doesn’t help avoid an accident. Frightening the slower traffic isn’t going to get you any faster to your destination. Try being considerate, you’ll be surprised at the reaction from most of your fellow mankind.



6/4/2009
Nick Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Again today we continue with several more pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. After reading too many pedestrian-accident reports I suggest that both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   Today we start off in the windy city, Chicago, Illinois.

Chicago, Illinois – Forget about Chicago for this blog post because there are more than 1,000 pedestrian-car-truck-motorcycle collisions every year in the City of Chicago. I don’t have enough time or ink to write about them all.  The people of Chicago need to be more vigilant than in rural areas. I’ll devote an entire post or series of posts to just the inner city of Chicago. For today let’s look at Virginia.

Harrisonburg, Virginia – January 2009Three pedestrian deaths have occurred so far this year in Virginia. Two are discussed by the Times Dispatch News. One should be of interest to many of our readers. A 55-year-old woman was jogging “north in the southbound lane of South Main Street when she was struck by a car 273 feet north of West Fairview Avenue at 5:20 a.m. Anderson, a Harrisonburg resident, died at the scene.”

Richmond, Virginia – January 2009 – A Richmond lawyer in discussing the death of a pedestrian offers what we think is sound advice for pedestrians:

“This accident is a sad reminder that it is important to slow down and try and be aware of pedestrians and bicyclists that share the roads with cars.  It seems that there have been more people walking and biking lately and they often have no sidewalks or separate lane to use in their travels.”

Drivers need to remember and get used to sharing the road with bicyclists, pedestrians and other slower traffic. Getting angry at them or being impatient with the slower traffic doesn’t help avoid an accident. Frightening the slower traffic isn’t going to get you any faster to your destination. Try being considerate, you’ll be surprised at the reaction from most of your fellow mankind.



6/2/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: More news concerning pedestrian injuries and deaths

We are back again today continuing with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. How about if for this month, both drivers and pedestrians pay more attention to what’s ahead or what’s coming. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.   This one is mostly from Pennsylvania where the Record did such a good job of editorializing on the issue of pedestrian safety.

East Stroudsburg, Pennsylvania – April 2009 – A woman was struck and killed as she walked onto Route 611 at the intersection of Glen View Drive. The Pocono Record took the opportunity to editorialize on the issue of driver and pedestrian safety issues. The Record states:

“Transportation officials say 80 percent of crashes stem from drivers' mistakes, everything from driving under the influence to aggressive driving. Pennsylvania Department of Transportation spokesman Ron Young said growth areas where traffic volume rises and causes congestion typically produce more crashes and traffic deaths. Monroe County's rapid growth has stabilized, yet the high rate of accidents continue[s]. [sic] Especially troubling is that at least 12 pedestrians and one bicyclist have been struck by cars or trucks over the past two years in Monroe County.

What to do? The Safe 80 Task Force began in early 2001 after an especially horrible truck accident killed two passing motorists on the busy interstate. Local residents and officials joined forces to look for ways to improve safety. Intensive enforcement by the state police dramatically curbed speeding. An interagency truck safety enforcement project pulled hundreds of unsafe heavy commercial vehicles off the road. Strategically placed white highway dots helped clue drivers in on safe following distances. The task force worked on educating motorists and increasing safe driving behavior.

The result?  The I-80 accident rate fell.

Monroe and Pike citizens must pursue ways to stem the gruesome tide of serious accidents. State and local police should rededicate themselves to targeted problem areas. Road margins must be painted regularly, and signs should indicate pedestrians where appropriate. Schools and parents must educate children on how to walk safely to bus stops and how to cross safely at intersections. Thousands of children and teens living in far-flung housing developments desperately need that basic but potentially life-saving education.

Monroe County's fragmented state delegation — six senators and four representatives — should cooperate to push legislation that will allow local police, not just state police, to use radar on speeders.

And of course motorists themselves must commit to safe driving habits, dropping the cell phone and other distractions and focusing on the road.

The early enthusiasm behind the Safe 80 program paid dividends. Let's renew the local commitment to highway safety, helping to make driving a privilege and not a threat, and start saving lives again.”

See Expand Safety to Pocono Roads, April 14, 2009.

I apologize to the Pocono Record for quoting so extensively but they should get credit for saying it so well. I couldn’t have stated it any better. Are you sure you guys and gals aren’t personal injury lawyers?  Let’s hope the legislature follows their advice.

In a related story Susan Koomar, the Record Senior Managing Editor lists at least fourteen additional pedestrian-car-truck collisions in which the pedestrian was seriously injured or killed. Some pedestrians sustained a head injury and brain damage that did not kill them but more than likely disabled them for life. These collision scenarios include walking to school, walking home from work, walking to the bus stop, walking along the road side to get gas after running out of fuel, standing on a street corner waiting to cross, a child riding a bicycle, drivers veering and striking pedestrians while in pedestrian safe zones, driving while intoxicated and drivers speeding. 




6/1/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - Update on death of infant child pedestrian

More details were given in the Iowa State Trooper report of this accident. Apparently the mother was at the mailbox on the opposite side of the street from where the child came and from their home. The driver looking out towards the passenger side, on the side where the mother stood, did not notice the small child fall at the rear wheels on the driver’s side. The child approached unnoticed by the driver or the mother. The truck was a 2001 Dodge Ram 1500 pickup truck. The date was May 26, 2009 at 1:30 pm. The location is at east side of the residence at 1207 20TH AVE S in Webster County, Iowa. The child was a 2-year-old female. The driver was administered a blood alcohol test, no results were mentioned in the report. Assuming the BAC comes back clean charges are not likely to be filed and this would seem to be purely an accident. 

This story was covered by the following news organizations.

KCCI, Fort Dodge Toddler Dies In Accident - Des Moines News Story - KCCI ...

KTIV, Fort Dodge girl dies in accident - KTIV NewsChannel 4 Sioux City ...

WHO-TV, 2-year-old Fort Dodge girl dies after she is run over by truck - WHO



6/1/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Once again today we continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.

Burlington City, New Jersey – January 2009 – Highway Route 130 in Jersey proves one thing is nothing else; building interstate highways through congested areas without pedestrian bridges are a recipe for disaster. There are so many people being killed that the Tri-State Transportation Campaign named the entire stretch of Route 130 through Burlington County and Atlantic County’s White Horse Pike as the two most dangerous roads in New Jersey for pedestrians. In January a 26-year-old man was struck and killed while attempting to cross it. On December 9th a 4-year-old boy was struck and killed trying to cross at the intersection. On Sunday of last, a 55-year-old woman was struck and killed while attempting to cross this highway. All told, last year alone 12 pedestrians and four bicyclists were killed in the county. Not really bragging rights I’d say.

Pedestrian Safety – Recent news stories about how dangerous situation confront pedestrians

St. James, Missouri, April 2009 – This story is brought to us by The Rolla Daily News. Although I hate to sound trite, this is another pedestrian crossing the street collision with an oncoming car or truck where for whatever reason the driver doesn’t see the pedestrian, strikes and kills him. The driver this time is 21-years-old and the pedestrian is 29-years of age.

According the newspaper,

Scheider approached Interstate 44 from the south, was successful in crossing the eastbound lane but was struck in the westbound lane by Drew, who was westbound near Hutcheson Ford.

According to the report filed Cpl. Doug Melton of the Highway Patrol, and statements taken from Drew, Scheider appeared out of the median ditch and headed into the westbound traffic.

“The driver made the call immediately to 911 and said he hit a guy,” Melton said. “The guy came out of the ditch in-between I-44 and was trying to cross the interstate.”

The accident occurred just before 8:53 p.m. Friday, which is when the MSHP received the call.

On Monday, Crain warned pedestrians about dangers around interstates.

“The interstates are very dangerous. With vehicles traveling 70 mph, they’re upon you very quickly,” Crain said. “And at night, with headlights in your eyes, as this accident was, your depth perception is not as good. It’s very difficult to judge the speed of the car.”

Crain warned all pedestrians, and motorists who become pedestrians, to be careful on the roadways.

That’s good advice about how difficult it is to accurately determine the speed of oncoming traffic. Pedestrian safety is about being overly cautious and not running before you are sure of distances and speed of oncoming cars and truck.

Tomorrow we will pick this theme back up and have another example of pedestrian-car collisions.



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I-35 I-80 I-235 I-380 Collisions/Accidents

Is the driver of a motor vehicle responsible for his/her passengers actions?

Recently, while behind a moving vehicle that had to stop quickly, my 16 year old daughter lightly hit the rear end of the vehicle. There appeared to be no damage to either vehicle but my daughter gave the other driver her name, phone number and insurance info. Later that day the driver called and said that after she washed her vehicle (a 2004 black Malibu) she found several scratches that she says has to be from my daughter barely hitting her. She now wants us to pay for the damage. She says she has an estimate of $350.00. What do you advise us to do?

After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I do?

Wrong-way Interstate and Highway Collisions in Iowa

 What are the causes of wrong-way drivers, aka “ghost riders”?

What else needs to happen to reduce wrong-way collisions?

How can drivers avoid wrong-way driving?

Pedestrian Collisions Causing Injury and Death

My mom was crossing street in crosswalk. She was one step from stepping UP on the curb when a car came around the corner and struck her. She seriously injured and taken to hospital. She suffered severe brain trauma and was in ICU for 5 days before we had to let her go. The police said they did not drug or alcohol test the driver. Isn't that a law in Iowa to make sure they do that?

How can a pedestrian avoid being hit by oncoming traffic?

Car and Tractor Trailer Accidents


I filed a claim with my insurance comp. on my truck now they are sending me a payment for the repair of the damage the person did and taking the other person to court for the money for the damage. Do I have to repair the damage on the vehicle or can I keep the money for something else?



 



 


My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts.

In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing.

Large Damage, Major-Serious Injury and Death Cases

If my son breaks his hand and is admitted to the hospital for a "few" days, what are my options for time off work?

What are the legal consequences in altering a prescription prescribed by a doctor?

Police Brutality: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it?

Cheerleading Safety and the Law of Cheerleading

My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad.

Are there any safety standards for high school and college cheerleading coaches?

Is cheerleading a contact sport?

Work-Comp For Doctors!

I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair.

How can the doctor make the Iowa workers' compensation case easier?

As a physician what can I do to make everyone's job easier?

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

Is it legal to perform a tubal ligation without written consent?

Motorcycle & Bike Accidents

What is uninsured or underinsured motorist coverage on my auto insurance policy?

What are some of the things I’ll need to prove a car accident claim?

If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

Construction Site Accidents

If a construction worker falls to his death, what if anything can be done legally?

There is a stress tag on the lanyard I use on the construction site. What is it for?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Injury - Property Defect-Animals

If I hit a Farmers Cow going down the road am I responsible?

I have a neighbor who has several dogs (over the legal limit for our state) and does not always keep them on a leash. I have made several complaints to "Animal Control" through our police department, but nothing ever gets done about this. I have to walk to the house next door to them to drop my baby off at the sitter. If one of their dogs attacks me do I have grounds to sue, and if so, who would I sue?

I fell in a manhole and the city of des moines and waterworks are fighting who will take the blame do i have a good case?

Client Trial-Deposition Preparation

Do I have to attend the deposition?

What is a deposition?

What is an Interrogatory?

Tenant-Landlord Relations

On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated.

Must we return a rental deposit if the property burned to the ground?

My wife wants a seperation, i told her thats fine but im not leaving the house who has to leave?

Civil damage lawsuits and criminal law deaths, OWI and drunk driving

Why in the first 10 days after an OWI arrest is it important to see an attorney?  Why are the first 10 days so important? What will I lose if I wait till day 11?

What happens during the first ten days after I've been arrested for drunk driving?

How do I find an Iowa OWi or drunk driving lawyer to defend me?

Criminal Law Commentary - Todd Miler

What information will a lawyer need at an initial interview for a criminal defense?

How much does it cost for a criminal defense?

MOTORCYCLES, TRUCKS AND AUTO WRECKS

After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

WORKPLACE INJURIES

If I'm hurt at work what benefits am I entitled to receive?

Why is it important to tell my supervisor about being injured?

I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply.

WHAT IS FAULT AND NEGLIGENCE?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

How can you prove fault or negligence against a railroad? The train was stopped for a long long time and I ran into it. Are they at fault for blocking the roadway?

Can an 8 year old be found to be negligent?

PROPERTY CASES

I need my name off of a mortgage on a house I no longer live in.

I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?


My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.




 




TRIAL PRACTICE

What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

How can I make my civil trial practice more effeciient during the initial interview process?

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

DEFAMATION - LIBEL AND SLANDER

My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

BEING A CLIENT

Ex-wife's lawyer subpoenaed my mother's bank account without notifying her or me three days before hearing. The bank honored the subpoena witch was just a fax cover letter with attorneys name. I had no lawyer, the court then appointed me a lawyer. Then rescheduled hearing for 2 and a half weeks latter. The next hearing her attorney dose not use my mothers subpoenaed account but instead shows up with my current wife's bank records again without notice to her or me or my lawyer. MY lawyer move to have it throne out judge allowed it but said both lawyers write a brief on the case show casing their point. My lawyer asked for relief based on violation of civil procedure. My lawyer said that she would be unable to pursue this case any further because being court appointed her job was done and even though the cases were related that it was a different case. My question is did my bank violate the right to financial privacy act by honoring a invalid subpoena? Can I sue her lawyer for civil procedure violation?

What is the procedure for serving a small claims court notice? Can a sheriff's deputy forcibly enter my house? Can they entrap me in my home by parking in my driveway so that I can not leave? Can they throw the notice at me and yell, "You've been served?"

Are secretly taped conversations admissable in a court of law?

General

Should I call the injured worker's lawyer?

Where can I contact Miller Fall Protection?

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