The Lombardi Law Firm Blog

Hispanic worker seriously injured at Titan Tire plant

Last Tuesday afternoon a Titan Tire worker from the mill room was pulled into a milling machine last week. His name is Christian Alvarez of 1807 Mondamin Ave. in Des Moines, Iowa. He is 20-years-old. Reports have him suffering neck and head injuries, a type of injury that can be seriously disabling. He was in Mercy Hospital in Des Moines.

It’s unknown whether Alvarez was a member of the Local 164 United Steel Workers.

Mr. Alvarez is entitled to workers’ compensation benefits.

OSHA will be investigating.  OSHA has information in Spanish for Spanish speaking workers. We represent many Spanish speaking clients. 

La misión de OSHA

Más de 100 millones de trabajadores cuentan con OSHA

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

Nuestros servicios

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

El público que servimos

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

Plan para el mejoramiento de servicio

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

Estudio de nuestro público

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

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

Normas del servicio

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

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

Car accidents can cost parents their life savings; here's how to protect yours.

Why is a 15-year-old taxiing passengers on I-380 in Iowa?

A 15-year-old driver rolled a white minivan as she neared the Iowa River on Interstate-380 in Johnson County. In the van were two 16-year-old passengers. One was reported to have died and the other taken to University Hospitals in Iowa City.

All were apparently high school students who’d just finished a volleyball game and were heading out to get a bite to eat. The 15-year-old driver was Rachel Stewart of North Liberty. Her two passengers were Alyssa Benedict and Rachel Petersen. Young Ms. Benedict is listed as the fatality.

“Clear Creek Amana Principal Tom McDonald said Benedict and two friends were apparently going to get something to eat after attending a volleyball game at the school in Tiffin.”

• What was the reason the van lost control and rolled over?
• What was the reason the van ended up off the road and onto the median?
• Were there distractions inside the van that caused this inexperienced driver to lose control?
• Does the law even allow a special license permittee to be taxiing passengers on a food run?
• Was this errand going to allow them to get home before the permit curfew?

In Iowa a 15-year-old can drive with a learner’s permit and a school permit. Those permits allow them to drive to school-related functions, like volleyball. The permissible hours are 6 a.m. to 10 p.m. This accident is reported to have happened at 8:45 p.m. Passengers are allowed to ride along but I’m not sure the law allows the driver to veer from the most direct route between home and school or the extracurricular activity. Reports indicate that Benedict and Petersen were not wearing seat belts. Another report has the van entering the median area before rolling over. But let’s get back to the time sequence to decide if this trip was a good idea for teens, so that teens can learn to reason to stay out of trouble.

Reports show they were at a school event at Clear Creek Amana in Tiffin. The driver lived in North Liberty, the two passengers in Tiffin, Iowa. At the time of the collision they were driving south on I-380, a four lane divided highway. The collision occurred at the 8 mile marker. It should be clear that if you’re at a school in Tiffin and the two passengers live in Tiffin then there’s no reason to be on I-380 taxiing passengers. Tiffin is west of I-380 and North Liberty is northwest of Tiffin. Using MapQuest shows there are 8.31 miles between the two towns that takes a mere 13 minutes to drive and doesn’t include any travel being necessary on I-380. In other words I-380 isn’t a direct route. So why were they even on I-380?

The MapQuest directions include E 3^rd Street toward Main Street, then right onto Main Street, turn right onto E. Marengo Road/U.S. 6 East, then left onto Coral Ridge Ave., turn right on E. Penn Street, then right on N. Dubuque Street to North Liberty.

Google Maps shows the direct route.

The question remains to be answered whether the law allowed this special minor driver to even be on I-380 and then whether it was possible to get something to eat and get everyone home by the permitted curfew of 10 p.m. Of course there is also the question of whether these teens could legally make this food run.

“The reason Stewart lost control of the van has not been made public by the Iowa State Patrol. McDonald said he received an unconfirmed report that a rear tire had blown.”

State law allows young drivers with learner’s permits and a school permit to drive to and from school for school-related activities. The Code section is 321.194 Special minors’ licenses. Here is what is written. The drive must take the most direct or accessible route and can only drive between 6 a.m. and 10 p.m. over the most direct and accessible route between the licensee’s residence and schools of enrollment or the closets school bus stop or public transportation service and between schools or enrollment, for the purpose of attending classes or extracurricular activities within the school district. That’s a mouthful and these code sections aren’t easily understood. Generally they are allowed to have passengers but they can’t have more passengers than there are seat belts, a requirement that implies seat belts must be worn.

So let’s recap the mistakes that were made:

1. Not wearing seatbelts.

2. Driving on an Interstate.

3. Driving a route that is not a direct or permissible route.

4. Taxiing passengers.

5. Trying to squeeze in too many stops in two short a period of time.

6. Disobeying the law that requires teens not to drive except to and from school events. Last I checked McDonald’s isn’t a school event and they don’t have classes.

7. Were there distractions in the van that caused the driver to lose control?

Does the law allow the driver to taxi passengers for the convenience of parents? I’m not sure I would agree that it does. Was all of this avoidable? Absolutely.  One of the lessons to learn is for parents to stop distracting teens with asking the wrong question, why are there so many lawsuits? Start asking the right question, the one that will reduce the number of accidents and in turn the number of lawsuits.

Why are there so many accidents and injuries?

See Radio Iowa, Teenage girl killed, two others injured in eastern Iowa wreck

UPDATE: Teen Killed, Two Injured in I-380 Accident

NEWS UPDATE - 1 killed in rollover accident

I send my condolences to the families and rest my case.

Semi-Accident on I-380 reported by KCCI

On August 27th 2009 a semi broke through a guardrail on interstate 380 in Cedar Rapids. The Cedar Rapids Fire Department spokesman Greg Buelow said that several people had called police to report the truck had gone through the guardrail and that the cab was on fire. Several of the appliances the truck was hauling had fallen to the ground below the interstate and Mr. Buelow also reported that one person in the cab had died. The investigation remains under investigation.

I-29 Iowa Interstate Accident Takes Life of Man Lying Down in Northbound Lane of Traffic

This is a strange and a sad case to report about. A semi-truck traveling on I-29 in Monona County, Iowa ran over a man lying on the interstate. The accident occurred on July 14, 2009 at about 1:30 a.m. in the northbound lane of travel at the 123.70 mile marker. The driver of the semi, Kenneth Olson, was driving a 2009 Volvo when he saw a body lying in the northbound lane of travel. He attempted to swerve left but was unable to avoid running over the body. The man lying on the interstate was killed by the forces. Of course it’s difficult to adjust the direction of a semi-truck very quickly. We can certainly appreciate the failed attempt by Mr. Olson.

People familiar with the man lying on I-29 thought he was under the influence of marijuana and PCP. The report describes their assessments as “very impaired”.

Here is something to think about. What if in swerving to the left the truck struck another vehicle? Would the truck driver be liable? Well, there’s no way of knowing for sure, but probably not is my guess. He’s confronted with a sudden emergency and under Iowa law a sudden emergency excuses a driver from normal rules of the road or duties attendant to every driver. We don’t normally expect to see a body lying in the interstate, so seeing one would probably constitute a sudden emergency. Snow and ice in the middle of winter can’t really be a sudden emergency but a body in the summer certainly could be.

Another interesting fact about this case is that it involves the last name of a person associated with an unsolved criminal case in Iowa.  Jane Wakefield went missing on September 8, 1975.

Wrong-way Drivers Collide in Texas, Tennessee and Illinois.

Here today are four more wrong-way collisions from around the country. As you can see all four, from four different states are drunk drivers. With the economy in recession I have to wonder if this will only get worse.

Dallas, Texas - July 2009 – Letter to the Editor “Nothing will work” states that putting more signs up will not help stop wrong-way drivers due in part to drunk drivers being totally unaware they are the one’s going the wrong way and being unable to read a sign. Interesting point the author is making.

Kingsport, Tennessee- Driving the wrong-way on Stone Drive leads to drunk driving and drug charges.  The incident is reported to have happened at around 1:35 a.m. on a Saturday.

Green Bay, Wisconsin - July 2009 – Main Street driver just before 1:00 a.m. crashed head-on into another car. Alcohol was involved.

Chicago, Illinois – July 2009 – Reported on a lawyer’s blog, I-55 about 6:30 a.m. the driver was 25-years old charged with DUI and driving the wrong way on an Interstate highway.  In another report of this wrong-way incident on Stevenson Expressway the reporter has it the car entered the wrong-way using the incorrect entrance ramp but doesn’t say which exit ramp.

Wrong-way avoidance helpful suggestion – July 2009 - While it won’t help with drunk drivers or drugged drivers, the elderly and those unfamiliar with their surroundings may find help with using a GPS device that warns about wrong-way turns.  These systems run from $60 to $2,000.  The news story can be found at the Press-Enterprise from California.

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

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

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

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

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

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

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

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

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

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

According to the Des Moines Register:

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

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

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

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?

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 2009 – Highway 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.

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.

Pedestrian Safety: One solution that curbed collisions

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.

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.

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 - 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

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.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

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 two additional news items that each 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. 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.

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.

Paying attention while driving means staying on your side of the road

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9^th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23^rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.

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.

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Dangerous Ditches on Rural Iowa Farm to Market Roadways

On October 7^th 2009 the Plymouth County sheriff’s office said that its deputies found the body of 29 year old Michael Ahlers while investigating a report of a car in the river. It is being reported that the car was partially submerged in the Little Sioux River. The investigation remains open however authorities are stating that they do not believe foul play was involved.

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I've previously written about rural ditches and how dangerous they are when cars, trucks and motorcycles leave the county roads. Here are a few stories I've previously written.

• InjuryBoard Des Moines Archives | August 2007

Steve Lombardi | August 31, 2007 12:00 AM | 0 Comments Category: Motorcycle Accidents ... bound on P53 when he lost control of the bike around a curve and rolled into a ditch ...

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• InjuryBoard Des Moines Archives | September 2007

Steve Lombardi | September 28, 2007 12:00 AM | 0 Comments Category: Head & Brain Injuries ... The Gazette reported a motorcycle rolled over "several times" after going into the ditch ...

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• All Topics | InjuryBoard Des Moines

Steve Lombardi | September 23, 2009 2:17 PM | 0 Comments Des Moines, IA. This one is coming out ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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Steve Lombardi | October 04, 2009 3:08 PM Category: Defective & Dangerous Products ... Sheldon, IA was driving a Honda ATV on September 18, 2009. Driving in the east ditch off ...

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• InjuryBoard Des Moines Archives | July 2007

Steve Lombardi | July 27, 2007 12:08 AM | 0 Comments Category: Head & Brain Injuries ... four or five times on Interstate 80 before it flew over the median and landed in a ditch

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• InjuryBoard Des Moines Archives | April 2009

Steve Lombardi | April 22, 2009 11:11 PM | 0 Comments Category: Automobile Accidents ... Appanoose County when he lost control of his vehicle striking a tree in the West ditch.

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• InjuryBoard Des Moines Archives | June 2007

Steve Lombardi | June 27, 2007 10:22 AM | 0 Comments Category: Wrongful Death ... says two bicyclists were struck by a pickup truck, sending one into the east ditch and ...

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• InjuryBoard Des Moines Archives | September 2009

Steve Lombardi | September 30, 2009 10:15 PM | 0 Comments Category: Motorcycle Accidents ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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• Automobile Accidents | InjuryBoard Des Moines

Steve Lombardi | September 29, 2009 9:28 AM | 1 Comment Des Moines, IA. It’s a new week and ... at 2:50pm occurred when a Toyota Tundra left the curved roadway, crashed into the ditch ...

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• InjuryBoard Des Moines Archives | June 2009

Steve Lombardi | June 17, 2009 3:48 PM | 17 Comments Category: Automobile Accidents. This is one of those accidents I hate writing about but without this posting the relatives and ...

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Another Hit and Run in Des Moines: Kills a Teen this time

Late Saturday night, September 26^th, Devin Fry, age 13, and Rabiatu Timothy, 17, and Marcus Ira-Jenkins, 15, were hit by a dark SUV, now known to be a black Jeep Grand Chereokee, according to the Des Moines Register. Fry and Timothy were brought to the hospital after the police arrived at the scene around 11:45pm. Fry died after surgery on his lungs on Sunday morning. Timothy was in critical condition, but is now said to be doing better. The third teen, Ira-Jenkins, was brushed by the car, but not hurt. The kids were crossing the 1600 block of East University, not in the crosswalk, going north to go to a friend’s house or the Liberian Cultural Center. Ira-Jenkins said he saw the car swerving and with no head-lights on as it came towards them.

There was a tip given to police that led them to 36 year old Angela Arellano.   The police found the black grand Cherokee which was the alleged vehicle in the accident on Sunday at Arellano’s address. Monday morning Arellano, who police were looking for as a material witness, turned herself in to police bringing her own lawyer. Arellano is now charged with “vehicular homicide and serious injury by vehicle” and it is also reported by the Des Moines Register that, “Police Sgt. Lori Lavorato said Arellano was intoxicated at the time of the accident.” Arellano is in the Polk County jail and has an $80,000 bond.

NOTE: There is no known proof of her being intoxicated. A this point that allegation is only an allegation.

The third hit and run accident that has led to a fatality in Des Moines within a month has now killed a young teenage boy who was said to be a good student and hoped to one day play on the high school football team.  This has caused people to wonder the cause of multiple hit and runs in a short span of time. Officer Don Ouimet commented on the topic after the hit and run involving McKinney and Mark Grgurich. Ouimet said:

“Usually it’s that they don’t have a driver’s license, or no insurance or they have a warrant for their arrest, or there’s some illicit activity going on. Maybe they really didn’t know it happened or that it was so minor it wasn’t worth reporting.”

“Hit-and-run people are everyday folks who make a poor choice,” Ouimet said. “But rarely do they leave from sheer panic. There is almost always another reason.”

Videos:

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?

Iowa I-80 semi-truck rear-end crash victims, distracted drivers

On August 26^th 2009 a crash between a semi and a car occurred in the southbound lanes of I-35 between the University and Westown Parkway ramps. The police said that a passenger vehicle was stalled on the travel portion of I-35 when it was rear ended by the semi. The passenger vehicle driver was injured and taken to the hospital. The real question is why did the wreck happen? Was the semi driver paying attention? Did the passenger vehicle have his/her emergency blinkers on? Cars break down on the interstate all the time will you be watching for them?

Or will you be on a cell phone talking or texting?

In the past two days I've encounted no fewer than 10 drivers weaving, pulling out when they should yield, stopping when they should drive ahead, slowing for no apparent reason and in each case they were on cell phones either talking or texting.