The Lombardi Law Firm Blog

Interstate 80, 35, 235, 380, 29 and other U.S. Highway Collisions in Iowa

If you're in an accident on the interstate highway system in Iowa you may need the assistance of a lawyer. If so call the Lombardi Law Firm at 515-222-1110 or 800-383-0331 or write to Attorney Lombardi at sdlombardi@aol.com. Our website is constantly being updated with information about personal injury in Iowa. www.lombardilaw.com

Weird case because impact is made to appear slight, but death ensued

A car accident in Mike Bryant’s neck-of-woods (Minnesota) involves and Iowa family from Riverside. This 8-year-old is a passenger in his family’s car and is killed when a second car sideswipes the car he’s in causing his death. From the report it appears the sideswiping between the two cars occurred when they were traveling in opposite directions. There are few details about the mechanics of the crash.

I-35's Grand Avenue On-ramp in West Des Moines is an accident waiting to happen

Interstate highway speeds can increase how fast you get to your destination but decrease the time for making critical driver decisions. Knowing the location of outmoded sections of highways can assist local residents in helping to avoid colliding with nonresident motorists. This motorcycle collision is one example.

Iowa and Midwest News for the Day - Dogs, Medical Mistakes and Going Green

Chicago, Illinois – All morning I’ve been waiting for a “Blame President Obama” story and this is it. Because the story has a Chicago connection it qualifies as having at least some fact associated with the President, so the Obama-blamers can shout loudly, “It’s not his color that bothers us we just don’t like him, he’s a socialist.” Here is the story. A man is being sought in the Halloween Hit-n-Run of a pedestrian, a 25-year-old DePaul University student who died. Although it’s reported the man doesn’t have a driver’s license and may have fled to Mexico it could still be the fault of President Obama because … umm … well it just could, trust me.

10 Reasons Why People Get Injured on I-35 in Iowa

I’m going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I’ll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better. Iowa’s intestate is mostly flat, but some rolling hills. From the north to the south I-35 is pretty straight and all four lanes. In central Iowa it jogs around Des Moines and becomes a part of I-80. Once you get to the south end of that loop you’re almost out of West Des Moines and I-80 separates off and heads west to Omaha, Nebraska. From there it’s a straight shot through to Missouri.

I’ve been studying the cause of accidents along I-35 for the better part of thirty years and although I’m not capable of naming all the reasons there are several that stick with me as a personal injury lawyer.

1.      Alcohol related – driving while under the influence of alcohol or drugs.

2.      Speed – driving too fast for the conditions, those conditions include weather and construction zones.

3.      Distracted driving – driving while using a cell phone, an iPod, controlling the kids, eating, pets, arguing or any of the myriad of distractions that form a part of the epidemic of driver distractions.

4.      Look out – driving without looking where you’re going and I mean paying close enough attention and focusing your attention to changing conditions.

5.      Anger management issues – this one I’ve seen more and more of on the Interstate 35 and 80. Road rage is a popular term that doesn’t quite describe what this one is about. I say that because it makes pissed off drivers sound like they have an uncontrollable disease; when in fact it’s all controllable. Even women suffer from it although I suspect men allow anger management issues to creep into the driver’s seat more often.

6.      Deer – OMG! It’s a deer. Yup this is Iowa and when the crop starts coming out of the field so goes their habitat and they must keep moving. Deer are more active at dawn and dusk so watch closer during those times. Especially you who are on motorcycles.

7.      Being in a hurry – especially around the cities of Des Moines, West Des Moines, Urbandale, Clive, Waukee, Ankeny, Cedar Rapids, Iowa City, Davenport, Council Bluffs, Waterloo and Cedar Falls we have people using the interstate system for inner city travel. There’s nothing wrong with it but it does add cars, trucks, motorcycles, delivery vehicles, lawn car trucks and all those other errand types of traffic that seem to add clutter with people in a hurry. Being in a hurry is no excuse for not being courteous, thoughtful, mindful and realizing that you’re now on the Interstate highway system. So slow down and use other roads if you can.

8.      Inexperienced or youthful drivers – You know everyone sees these kids and younger adults driving. We rent parking spaces to high school students and their cars are always so easily spotted. There are a million dangly things hooked onto the rear view mirror, that block the view out the windshield. The driver’s head is down many times because they are texting. Many times there are a bunch of them in the car and that youthful exuberance seems to get everyone talking at once and heads bobbing to the conversation. Since many know they aren’t following their parent’s rules they are always looking around furtively hoping you’re not their PARENT! Anyway you know it’s true and you’ve seen them violating most of these rules of the road.

9.      Not thinking – drivers forget when they get to a construction zone that they need to adjust their attitudes for the changing conditions. The drop in speed limit isn’t just a suggestion. Those road crew workers aren’t crash test dummies; they are real people that actually die if you strike them. Road workers can’t always be watching you so get as far over and away from their area as you can. When you see a road crew, the sign should give that away, adjust your attitude to slow down, pay more attention, look for the crew members and get out of the hurry-up mode.

10.   Fatigued semi-truck drivers – truck drivers are being used by transport companies to fill-out phony logs and we all know it. They will deny it and say I don’t know what I’m talking about. When the truckers are in an accident, and this doesn’t apply to them all, many have phony log books that cover for the company they work for. If you want to keep your job as a truck driver you have to make the delivery on time or else it’s see-ya-time.

Here in Iowa we don’t have a tourism industry like they do in Florida but people still travel through Iowa on I-35 to visit Prairie Meadows to gamble, the Iowa Barnstormers, and the Iowa Cubs, on their way to Ames to see ISU play or on their way to Iowa City to see the Hawkeye football teams. They travel to attend schools at the major colleges like the University of Iowa, Iowa State University, Northern Iowa, Drake University, Des Moines University Medical School, Palmer College of Chiropractic in Davenport or Kirkwood in Cedar Rapids. People travel to all the major hospital systems like Iowa Health, Mercy Medical Center, McFarland Clinic or the University Hospitals and Clinics.  And of course 1 million people travel into central Iowa every year to visit the Iowa State Fair. To visit family, friends or to just attend the Des Moines Metro Opera there are as many reasons to travel as there are people.

Be careful when you travel and pay attention. The life you save may be your own. And if you’re in an accident while in Iowa, even if you’ve traveled from one of our sister states call the Lombardi Law Firm for assistance. We are happy to work with your attorney from your home state.

And for fun today, here’s the Husband Calling Contest, which I’ve never seen or heard!

 Series on I-35 (I-80) Travel from Texas to Minnesota

Steve Lombardi, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266

Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Noble McIntyre, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Jeremy Thurman, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Schuelke, C Brooks, 1717 W 6th St # 375, Austin, TX  (512) 476-4944

Mike Bryant, 1505 Division Street | Waite Park, Minnesota 56387 | T: 320.259.5414 | F: 320.259.5438

I-35, Interstate Iowa Accidents and Pride in Being a PI Lawyer

They will tell you I'm not supposed to be proud to be a "PI Lawyer". I am and I make no apology for being one or for that matter being proud to be one. And until people remember the meaning of do until others as you would have them do unto you, you won't understand why until you need a personal injury lawyer.

So what is a personal injury lawyer?

 

A personal injury lawyer is one who works for the injured person after they’ve been involved in an accident. In this instance these personal injury lawyers have gotten together to discuss the types of personal injury claims that occur on the interstate highways between Minnesota and Texas. That highway of course is I-35.

 

What personal injury lawyers do is a daily struggle of battling against the enormous financial power of the insurance industry. They help you navigate through the mixed signals and demands of different insurance companies. For instance after you’re in a highway wreck you end up having a tow bill, a storage bill, a car damage claim, probably medical expenses and certainly time off from work. Your claims originate in one state, not the one in which you live and you need to figure out how to get answers and in what order those questions need to be answered. Literally you find yourself sinking in demands of several insurance adjusters with no one assisting you. That is where the personal injury lawyer is helpful.

 

We live this day in and day out. We take over the hassles that you find overwhelming. Where you feel like you’re being pushed around by the other guy’s auto insurance company, your own insurance company and the health insurance company, we push back and direct traffic. Personal injury lawyers are here for you, your spouse and family and all those whose interests aren’t opposing to your own. The most important question you can ask is “Are you on my side?”

 

How many years have you been handling personal injury legal work?

Do you have other lawyers in the state where the collision occurred that you can work with to get my case handled?

Do you like doing this kind of work?

Do you have a blog where I can read what you’ve written?

How do you handle these cases?

 

You will hear the insurance industry malign personal injury lawyers and you will hear politicians run on platforms with tort reform planks, but when it comes to your personal injury claim none of them are helpful or there to assists you. The fact is you can’t even believe your own insurance company adjuster can be trusted. Why, because if the other guy hasn’t enough insurance coverage you’ll need to file an underinsured motorist claim. And if the other guy doesn’t have any insurance you’ll have to file an uninsured motorist claim. That means you’re insurance company is your opponent; and trust me on this one, they understand that perfectly. In 30 years of practicing law I can tell you what and how they will treat you. Your own insurance company may even hire a lawyer for the at-fault driver, that’s the guy that hit you and caused you injury, to beat your claim so that they don’t have to pay you anything under your own policy.

 

That’s the way this system works. So now you know why they really don’t want you hiring a “personal injury lawyer” and why they’ve spent so much money convincing you personal injury claims are a bad idea.

 

Here is our series so far:

 

Why Hire a Lawyer After an I-35 Collision? | InjuryBoard St. Cloud ... Why Hire a Lawyer After an I-35 Collision? ... St. Paul, and Twin Cities here in Minnesota, but cuts across the country as I-35.

 

How you Find an lawyer after an I-35 accident. Brooks Schuelke

 

Injured in an I-35 Accident? Real Life Reasons You Need an Attorney, Posted by Jeremy Thurman October 22, 2009 2:26 PM

 

Finding a Personal Injury Lawyer for an I-35 Car Accident ... Finding a Personal Injury Lawyer for an I-35 Car Accident.

Another Iowa Wrong-way Collsion on I-280

I’ve previously carried an entire series on wrong-way collisions and we are nearing completion of a news update on wrong-way collisions.

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. 

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. 

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months. There are so many of them just since the first of the year. You can tell its spring. 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.

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.

Lakeland, Florida, March 7, 2009 – 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.

 

Pedestrian Safety: Des Moines pedestrian struck by car at Court and Second Avenues.

Another pedestrian was struck by a car and injured in Des Moines. This car-pedestrian collision occurred at the intersection of Second Avenue and Court Avenue at 4:30 p.m. on Monday, May 11, 2009. The driver apparently didn’t see the woman. The woman was struck then hit her head on the street. She was taken to Mercy Medical Center in Des Moines.

Des Moines has been having quite a few pedestrian-car and pedestrian-bus and pedestrian garbage truck accidents of lately. There was no mention of whether cell phones or iPods played any role in distracting either driver or pedestrian.

Pedestrian safety is nothing to ignore.

If Teen Driving and Texting is Fun Why Is She Crying?

If you think your next text message can't wait so you text while driving then watch this video. It needs no commentary from me.

Here is the teen logic: People make such a big deal about teen’s texting while driving. But really what's the big dah? Think about how stupid you sound complaining. Really! Texting (some dumb and foolish message) to your BFF (who is sitting in front a TV) gets the word out that I’m open for dating or that so-and-so just broke up! It saves time and keeps me connected!

Or does it?

What can you do to avoid driving distracted and possibly causing an accident?

If you teach your teenage driver anything teach them not to driver distracted. Yesterday I’m sitting at a stop light and beside me in the turn lane are a young driver and two passengers. The front seated passenger is watching the light for the driver while he sits there sending a text message. I wondered why cell companies or car makers don’t come up with a way to block texting when in a car. Really is there any reason why anyone needs to send a text message while driving or riding in a car? If the parents of this driver could only see him they’d be consequences to pay.

Driving while distracted is at epidemic proportions. Here are a few examples from Iowa. Mind you, every one results in at least one fatality. That’s where the title comes from.

Warren County – August 8, 2009 – Megan Marie Davis (16) from Norwalk driving northbound on 180^th Avenue lost control “for an unknown reason” went off the roadway, into a ditch, struck the embankment and vaulted into the creek landing on the roof top of her 1988 Chevrolet S10. Davis was ready to start her junior year this fall at Norwalk High School.

Hardin County – August 9, 2009 -  Armando Castello (28) driving a 1988 Honda Civic westbound on D15 crossed over the center line, striking a 1991 Ford F-250 pickup truck driven by Abbye Fryslie (18) from Iowa Falls.  Ms. Fryslie was taken by air ambulance to the hospital in Ellsworth. Mr. Castello according to the report died and was pronounced dead at the scene. (I can’t be sure if this is the same Abbye Fryslie that plays volleyball for the Cougars High School Girls Volleyball team.

Adaire County – August 6, 2009 – Mark Miller (47) driving a 2003 Harley-Davidson motorcycle on the off-ramp of westbound I-80 at mile marker 93 lost control and slid into the ditch. He was not wearing a helmet and died from the injuries he sustained in the crash. His passenger, Connie Jae Emgarten, (40) was transported by ground ambulance and her condition was not reported.

Hancock County – July 29, 2009 – This one involves a Freighliner Semi-truck and a 2003 Toyota Celica, so you know it’s not going to end well; results in the driver of the Toyota dying. The Freightliner is driven by Allen James Enabnit (46) who is reported to have run a stop sign at R26 and B55. His semi-truck then collides with Hefty’s Toyota ending in the death of Amy Lynn Hefty (27).

Sac County – July 31, 2009 – In this crash or wreck or accident, however you’d like to describe it, a 1995 Mercury Sable is westbound on highway 175 and for an unexplained reason runs smack into the back of a 1982 John Deere 4440 AG Tractor. Both vehicles were then forced off of the road; the speed must have been fast, killing the driver of the Mercury. The tractor had its slow moving vehicle symbol and amber lights working, so why didn’t the driver of the car see the tractor? The reasons are unexplained but it cost the driver, Brian Campbell (27) his life, and his passenger, Sarah Anne Ahart (17) was injured and she was taken by ambulance to the Lohring Hospital. Its not known how the tractor driver, Dakota Michael Miller (17) is doing.

Polk County – July 31, 2009 – This single vehicle crash occurs on I-80 in Polk County when the motorcycle driven by Robert Clayvon leaves the roadway, drives into the median, rolls and kills him. The Iowa State Trooper noted “THE VEHICLE WAS A NEWLY PURCHASED USED MOTORCYCLE WITH A PAPER PLATE ON THE VEHICLE. THE MOTORCYCLE HAD BEEN RODE ONLY 7 MILES AFTER PURCHASE TO THE CRASH SITE. THE DRIVER WAS NOT WEARING A HELMET AND HAD SOME MEDICAL ISSUES.” I’m not sure what all that means, but this driver may not have been distracted but then again driving a new bike he may have been distracted checking something out. Speed isn’t determined so we don’t know what if any it may have contributed to the loss of control.

Crawford County – August 2, 2009 – In this crash you have the at-fault vehicle attempting a left turn and failing to see and to yield to on-coming traffic. The driver who appears to be at-fault is a 75-year-old man Gerald Fredrickson of Turin. He’s driving on U.S. Highway 59 when he attempts a left turn at Iowa Highway 141, just 6 miles south of Denison. The report indicates he’s driving a Chevrolet Impala. The other car is driven by Noah Mayer and has several passengers, a Ricky Beck and one Schuyler Kiesel, both of who appeared to have been injured. It was the passenger in the at-fault car that was reported to have been killed. (Judith Fredrickson (71)) Ricky Beck, although reported to not have suffered incapacitating injuries was nevertheless life flighted to UNMC in Omaha, Nebraska.  Was it age, eyesight or a distraction that caused a failure to yield the right of way?

Greene County – August 4, 2009 – The lesson to learn from this crash would be that trains are big, heavy and unforgiving. James Parris is just 43-years-old and driving a 1999 Buick LeSabre across the railroad tracks at B Avenue when he is struck by a Northwestern Railroad engine heading east at B Avenue. The report indicates the car driver failed to obey the cross buck sign and crossed the tracks, but it’s not clear if there were drop down bars and warning lights in place and working. Nevertheless the rules of the road for crossing railroad tracks is stop, look and listen. Did the train’s engineer sound his horn before attempting to cross? No indication of that either. The car flipped over, burst into flames and the driver perished. A report from the Daily Times Herald of Carroll, Iowa states: “Greene County Sheriff Tom Heater said Parris stopped at the crossing as the train approached then drove onto the tracks.” What made him drive ahead after coming to a complete stop?

Webster County – August 8, 2009 – In this crash, similar to Warren, Adaire and Polk County crashes, the driver of a motorcycle leaves the roadway, a curve in this instance, crashes and dies as a result. Casey Friesth (20) rounding the curve on D14 near National Avenue continues east off of the roadway enters the south ditch and overturns, where he and the bike are vaulted over the embankment of the connection with National Avenue and he’s killed.

Allamakee County – August 6, 2009 – A Missouri driver, John Ramer (43) driving west on X52, the Great River Road north of Harpers Ferry simply failed to negotiate a curve, crossed the center line, went through a fence, down a steep embankment, his vehicle rolled several times, it struck a junked car and came to rest on it’s top. The report is that even though he used his seatbelt, he died.

Mahaska County – August 11, 2009 – A is driving westbound on Highway 92 crosses the center line striking an oncoming vehicle that losses control, strikes a third vehicle and finally comes to rest. The first is driven by a 72-year-old man James Bowen, the second is a Semi-truck being driven by Tom Rangel (43) and the third, Virginia Weber (81). The report is that Bowen dies in the collision.

I’ve been practicing personal injury litigation for almost 30 years and unlike the tort reformers I’m not asking why there are so many lawsuits because to do so ignores prevention. We need to prevent accidental injury and then the number of lawsuits will take care of itself. In many of these instances the at-fault driver will be sued, either by their passengers or the other car’s drivers and passengers for the damages they’ve caused. And they should, because none of those other people asked for this or did anything to cause the collisions. In many, not all but many of the collisions we see distracted driving habits or we can safely assume the drivers were distracted and it created situations where a crash was inevitable.

How can they be avoided?

Well how about if we teach our children and adopt a habit of not talking on the cell phone or texting or doing anything else that takes our attention away from driving. That’s certainly a good place to start.

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.

Join us tomorrow for news about a recent case in St. Louis of a pregnant mother that is killed while working.

Motorcycles and deer don’t mix

Two people were injured when the motorcycle they were on ran into a deer west of Craig. The collision occurred on Sunday night in Plymouth County. The report describes the riders being on K-22 near the intersection of C-12 when the deer suddenly came into their path causing the crash.

Both the driver, Todd Popken, 43 and the rider, Tammy Popken, 41 were taken to the hospital. I’m not sure there is any good way to hit a deer while driving a motorcycle. But knowing when it’s more likely to happen and wearing protective gear are good ideas. First these two people were said to be wearing helmets and other protective gear, a small detail that likely saved their lives. Second, deer tend to become more active, to move, at dawn and dusk. So be on the lookout. As fall approaches and the corn is taken in during the harvest they will become more active as the corn fields where they hide are harvested. Be on the look out and drive slowly.

I wonder if those little deer whistles people place on their car and truck bumpers would work for motorcycles. If you try it and it works, let me know. Leonard Askham, former WSU Associate Professor and research scientist says these animal-deer warning devices don’t work.  Roy Truelsen, The Internet BMW Riders agrees, see, Deer Whistles, They Don’t Work!

On this video, the expert has a Boston hat on, so he must know what he’s talking about.