The Lombardi Law Firm Blog

Train vs Semi-Truck, Leads to Workers' Compensation Claim

Farm Safety: Tractors and Trains Rarely Mix

My best guess is that Tyson Petersen, 22 is feeling like today or anytime soon may be the day for him to play the Iowa Lottery. Seems Mr. Petersen knows something about concentrating and owning his job. He’s a farmer or so he was acting as such a few Friday’s ago when the farm implement he was pulling behind a tractor ended up sitting on the tracks in front of an oncoming train. And why is he so luck? Well, because he got out of the tractor and walked away to talk about it.

Tractors have become sophisticated homey pieces of farm equipment. They have radios and CD players along with a sundry of other satellite and electronic controls. The cabs have been redesigned for sound proofing and comfort. It’s been great for the farmer. Farming has kept pace with satellite technology better than the auto industry. As good as all that is it can create distractions or be so sound proof that external risks can be missed. Hopefully he wasn’t wearing his iPod.

The John Deere Command View Cab

Big-Time Comfort and Convenience

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CommandCenter LCD

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Train and Truck Collision

Be safe, be smart and be aware. Farming is a high risk occupation.

Road Rage Starts Before You Put the Car in Gear

This collision took place a little while ago, but I saved the news article for today's safety post. He was 42 and she 36. Their 7-year-old daughter was home while they were out riding their tandem bike along a Texas roadway. A car came up from behind and struck them while riding on the shoulder of Texas State Highway 16 in Bexar County. The accident happened at around 10:45 a.m.. The pickup truck drug the bike 200 feet from where they collided.

The police didn’t suspect alcohol played any part. They say the driver lost control of his F-150 pickup truck before veering off the roadway onto the shoulder and then striking this mother and father.

And why were they out riding? Because several years ago they were involved in another accident; a head-on collision where they almost died, were severely injured and needed to keep in excellent physical condition. The workouts helped them physically and mentally I’m sure.

The legal issues, as well as the social issues are speed, lookout, driving with due care and being a distracted driver. What’s with not slowing down as driver’s approach a slower moving vehicle or in this case a bicyclist? I’ve noted a certain level of anger displayed by car and truck drivers toward those sharing the road on a bike. It’s not just foolishly ridiculous, it can be criminal. For a second forget the people on the bike and think of the child waiting at home. Some Iowans recently started a petition asking the legislature to prohibit bicyclists from riding on county roads during the harvest. With America trying to “Go Green” to save fuel and with the economy in the tank it’s difficult to support such a measure. I think what should happen, would include people putting down the digital distractions and paying attention to their driving.

How about the driver recently charged with playing a video game while allegedly driving with his knees.

Distracted Driving - Did a DUI by video really kill two people ...

By the way, these two people were wearing bike helmets and it didn’t save their lives. It’s pretty sad for the daughter.

I’ve been struck by a truck while riding a bike when training for a triathlon. Here is a video example of a small motorbike-car crash. It’s pretty graphic so avoid it if you’re easily bothered by such things. The second video is a bike rider not looking where he’s going and swerving into a car’s front fender. He was lucky he didn’t get run over after the first collision. Folks give the road rage a rest. Your attitude is set the minute you get into the car. So before you put it into gear, sit for a second, relax and leave whatever is bothering you out of the driver's seat. An angry driver does rash and stupid things.

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.

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.

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 2009 – Three 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.

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 2009 – Three 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.

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Toronto, Canada, April 2009 – In this car-pedestrian collision we see that the safety dance between pedestrians and cars is a two-way tango. This pedestrian walked into the cross walk when she was supposed to, but her attention directed to talking on a cell phone rather than looking to see if the crosswalk was clear, allowed her to walk right out in front of a car and be killed.  The driver remains at fault but pedestrians have an obligation to avoid walking out in front of vehicles. Be safe, not sorry.

Los Angeles, California, April 2009 – According to this blog two pedestrian elderly women were killed after two cars collided and one losing control was knocked into them.

Joplin, Missouri, March 2009 – A 74-year-old woman was struck and killed as she stepped into the path of a pickup truck being driven by a 21-year-old. Another example of pedestrian’s not paying enough attention to their surroundings.

Westway, Texas, March 2009 – In this case a pickup truck driver struck a pedestrian walking along the side of the road. After striking the pedestrian witnesses reported the truck stopped, backed up, and then drove away. Witnesses gave chase and stopped the ma. Of course a hit-n-run is always an indication of something else going on. In this case police arrested the man for driving while intoxicated. Seeing and avoiding pedestrians is made so much harder when you’re highly intoxicated.

Come back tomorrow for more on pedestrian collisions.

Pedestrian Safety: News Roundup Continues

What were they thinking?

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 ...
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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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• 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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Stop, Look and Listen – Hear that train a coming!

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed.  She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop.

Distracted driving kills more people than you can imagine.

Before crossing those train tracks, stop to listen and look

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 ...
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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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• 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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Train Accident Caused by Tall Corn Blocking the View?

Wednesday, September 30^th, about noon, Edward R. Stevens, age 76, was driving down a country road south of Ohio 103, in Bloomville, when Stevens was hit by a westbound Wheeling and Lake Erie Railway train, according to Bucyrus Telegraph Forum news source. It was reported that at this crossing on Schwemley Road, there is no warning signal or gates. One of Steven’s neighbors, Donald Rayoum, said, “When you are driving north and the corn is grown up like it is now, you cannot see if a train is coming.” Steven was driving a 1991 Ford pick-up and was not wearing a seatbelt. Investigation is still underway.

Of course in Iowa we know the corn is there, but then again so does the train's engineer. How about that horn to signal the train's approach to the intersection?

Another train-car collision causes another death

On Monday, September 22, about 5:45pm, Catherine Lea Stinson, age 45, was hit by an Amtrak train at 145th Street and U.S. 34, according to John Mangalonzo reporter from The Hawkeye online news source. Witnesses said she drove around crossing gates which were down. The train was westbound and hit the passenger side dragging the vehicle half of a mile. Danville emergency crew tried to remove the New London woman from her 2008 Dodge Ram, but she was pronounced dead at the scene. Recent train collisions have brought this kind of accident to the fore front. Hawkeye news said:

“Authorities noted that nearly half of all collisions at railroad crossings occur when automatic warning devices, such as flashing lights or flashing lights with gates, are present and functioning properly.

According to recent statistics, a railroad accident occurs every two hours in the United States, in which a pedestrian or vehicle is struck by a train. In 2007, there were 13,067 railroad related accidents, according to the Federal Railroad Administration's Office of Safety Analysis.”

The message of safety here is to not ignore the warnings. They aren't there just to be inconvenient for you. There are there to be obeyed. And if you’re using a cell phone put it down while you stop, look and listen.  A distracted driver is more likely to be a dead one.

Stop, Look and Listen: There's a train coming down the tracks!

On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o’clock but is unsure of the circumstances surrounding the accident. The train, a Burlington Northern Santa Fe, was carrying a black box and officials will be able to determine how fast the train was going at the time of the accident. The investigation remains open and ongoing.

Iowa Freight Train, Stop - Look & Listen

On August 25th 2009 66 year old William Mudd of Hamilton Illinois was hit and killed by a freight train near the Keokuk Yacht club. The Keokuk Police Department says that the accident happened at around 4 o’clock but are unsure of the circumstances surrounding the accident. The train, a Burlington Northern Santa Fe, was carrying a black box and officials will be able to determine how fast the train was going at the time of the accident. The investigation remains open and ongoing.

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.

Railroad Crossing Safety: What causes train track collisions with cars and trucks?

What would happen if your son or daughter’s school bus pulled out in front of a fast moving train?

School Bus vs Railroad Crossing - Educational Video

Destruction of a school bus

Impact of a 160 km/hr train with a nuclear container.

Iowa woman killed at train crossing in Tama

An Iowa woman killed by a train has been identified as Kristi Brown of Tama, Iowa. She was struck and killed by a Union Pacific train late Wednesday near a crossing. The train was heading to Illinois from Wyoming with coal. There were 136 cars on the train. KCRG TV 9 identified her as a pedestrian, along with the train being eastbound and the cross street being McClellan.

TAMA - A woman is dead after a train pedestrian-accident in Tama.

Officials say it happened just before 11:15 Wednesday night.

The eastbound train apparently struck Kristi Jan Brown, 35, of Tama, at the McClellan Street Crossing.

No other news was available. KGAN CBS 2 Cedar Rapids.  The Des Moines Register.

DON'T PLAY AROUND OR WITH THE RISKS TRAINS POSE TO PEDESTRIANS

HOW MAY A BICYCLE RIDER BE INJURED?

Ski Train Not Running from Denver to Winter Park