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

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The Lombardi Law Firm Blog

Blog Category:

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

9/5/2010
Steve Lombardi
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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

7/1/2010
Steve Lombardi
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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.

6/2/2010
Steve Lombardi
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It's the Cell Phone Participant Who's not in the car accident that lives with the guilt.

You have control over what you do and can easily just hang up. Here is what people don’t think about, who are on the other end of those phone calls? If you’re talking to a driver by cell simply hang up before you help to cause a fatality.

2/19/2010
Steve Lombardi
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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.

2/7/2010
Steve Lombardi
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Crappy Consumer Insurance: USAA’s Fade-Away UM Coverage –Disserving the US Military

What USAA is doing is shameful. They are taking advantage of our servicemen and servicewomen to make a buck for them leaving our young men and women without insurance coverage when they need it the most. The shame is on you USAA. Your policy language comes right out of the gutter where you should have left it.

2/3/2010
Steve Lombardi
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Is the Ohio Legislature Sucking on Lead Painted Lollipops?

Ottumwa, Iowa native Danielle N. Brinser, 20, a senior airman at Wright-Patterson Air Force Base was killed when trying to cross Ohio 444 on a green light. The other vehicle failed to stop and yield at the intersection light. The other car was driven by Nicholas C. Hart, 23 who failed to stop for the red light and struck Brinser’s Toyota.

1/12/2010
Steve Lombardi
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Interstate Highway Safety - Driving Distracted

Driving carefully may not be enough to save your life. After all you just might be a passenger and not responsible for driving any vehicle. On the other hand I like to remind my children that sometimes it's not what you do or don't do, but the other drivers who are the one's who are driving distracted. And they can be the ones who ultimate cause the collision and wreck your life. I guess being a personal injury attorney let's you see many types of collisions out there and there isn't a crash scenario that you can't conjure up in your mind at any point on the highways. I don't know maybe I've been doing this too long?

12/11/2009
Steve Lombardi
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Should Blogging Be A Part of Iowa's Teen Driving Experience

So when you read about today’s accident ask yourself if this 22-year-old could have avoided this two-car accident if someone had made a part of his educational experience the way young drivers die on our roads and Interstates. This accident illustrates how crossing the center line makes me wonder about digital distractions.

11/24/2009
Steve Lombardi
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Control the distractions and speed and the tree will not be a problem

But here is what I wonder, what was the driver distraction or was it just a factor of speed. Young drivers need to understand driving on the highways of Iowa is about control, speed and driving without distractions. That is what will keep you alive. Control those three things and chances are you can control your risk of an accident.

11/11/2009
Steve Lombardi
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Iowa's Personal Injury Accident News

A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence.  Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames.  Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.



Pedestrian Collisions Causing Injury and Death

10/30/2009
Steve Lombardi
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Pedestrian Safety: Can you get run over by a bus?

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

The result?  The I-80 accident rate fell.

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

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

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

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

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

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

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

 

 

 



6/19/2009
Nick Lombardi
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Pedestrian Safety: News Roundup Continues, How bad can driver distractions be?

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

 

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

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

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

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

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



6/15/2009
Nick Lombardi
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Pedestrian Safety: Can you get run over by your own car or truck?

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

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

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

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

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

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




6/1/2009
Nick Lombardi
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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.



5/31/2009
Nick Lombardi
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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.



5/20/2009
Nick Lombardi
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Pedestrian Safety: News Roundup Continues

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

 Raleigh, North Carolina, March 2009 - A 71-year-old pedestrian was

killed after being struck by one SUV and then run over by three other vehicles while he was lying in the road. The SUV driver briefly stopped, then returned to his landscaping white truck and drove off. This is the same location where two young brothers were killed as they darted out into traffic while attempting to cross the street.

killed after being struck by one SUV and then run over by three other vehicles while he was lying in the road. The SUV driver briefly stopped, then returned to his landscaping white truck and drove off. This is the same location where two young brothers were killed as they darted out into traffic while attempting to cross the street.

Scottsdale, Arizona – April 2009 - In this blog report we have Chris Zachar from Phoenix providing the details of a couple killed while crossing the street. A pickup truck was driving in a 35-mph zone and police indicated the skid marks and amount of damage to the truck would point towards speed being a factor. Of course where speed is a factor distracted and hurried drivers usually go hand in hand.

Salt Lake City, Utah, May 2009 - In this mishap a 9-year-old boy was critically injured after his 12-year-old brother accidentally ran over him with an ATV. It’s reported the younger lad was standing behind the ATV when his brother lost control backing over him. The ATV is a Polaris Ranger 4 x 4 700 series.



5/19/2009
Nick Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup

What are the many ways pedestrian’s can be injured or killed? That question comes up more times than you can quickly think of.  In this post, which is being turned into a page for our Iowa pedestrian viewers, we examine the infinite number of ways pedestrians can be seriously injured or killed.

Many of you want to blame the driver or the pedestrian, depending on the camp from which you start you will draw conclusions based on predetermined and preconceived prejudice. But read through these over the next few weeks and see if you haven’t found yourself or your children in these precarious situations. They aren’t as far fetched or easily avoided as you might think. And again I can’t believe how many there have been in just the past few months. There are more to report on but I grew weary of reading and writing about so many.

So sit back, read and be patient. If you find my advice lacking, I invite you to comment to add your own words of advice. As always my point in writing is about safety; and in this instance, pedestrian safety.

Spokane, Idaho, May 8, 2009 - A 68-year old North Idaho man was struck and killed by a race car spinning out of control at the Spokane County Raceway. With Iowa just having built and opened the Newton Speedway and being the state where races take place at the Iowa Fair grounds along with Knoxville, pedestrians may find this case of interest.  The man was struck hard enough to be thrown up into a tree. He was said to have died instantly.

Alberta, Canada – November 2008 - A 44-year-old man was run down and killed as he walked across the parking lot of a busy Flying-J truck stop. The semi-truck driver was visibly shaken after the collision.

Edmonton, Canada – August 2008 - A 53-year-old man crossing the street was run down by an oncoming motorist while attempting to cross a busy street at a place other than a crosswalk. The driver of the 1976 Datsun was 19-years-old.

Raleigh, North Carolina, March 2009 - A 71-year-old pedestrian was killed after being struck by one SUV and then run over by three other vehicles while he was lying in the road. The SUV driver briefly stopped, then returned to his landscaping white truck and drove off. This is the same location where two young brothers were killed as they darted out into traffic while attempting to cross the street.

5/12/2009
Barbara Lombardi
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Yet another bicyclist and car collide in Des Moines

A bicyclist was struck and injured while entering Fleur Drive in Des Moines. The vehicle was turning and struck the 47 year-old male rider while in a cross walk. Vehicles have a duty to stop for people in a marked crosswalk. We’ve blogged about bicycle and pedestrian safety, especially is it relates to Des Monies, Iowa; within the last two years we’ve had several pedestrian-bus, car-pedestrian and a pedestrian-garbarge truck backing accident in the city.

There was no mention of whether cell phones or iPods played any role in distracting either driver or pedestrian. These videos have a good message that applies in Virginia and in Des Moines, Iowa.

Yield, It's Worth the Wait

 

 



Car and Tractor Trailer Accidents

5/12/2010
Steve Lombardi
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Driving Distractions Can Be Deadly

Today's blog is all about roadway safety and how negligence creeps into driving habits. We don't' have all the facts but my guess is human nature being what it is common sense will tell us more than most drivers' will admit to. Distractions in the driver's seat cause the driver not to pay attention to what is going on around them in traffic or on the roadway. Because you're getting away with it Monday, Tuesday and Wednesday doesn't mean Thursday won't be the day you cause a major accident. Allowing distractions to hamper your driving attention is like gambling and unless or until you have a near-miss most drivers won't wake up until it's too late. So do yourself a favor and put down the cell phone and pay attention to what you're doing.

5/4/2010
Steve Lombardi
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You should drive like your life depended on it.

Will the driver talk to police and say what caused the loss of control and the rollover or fearing criminal prosecution will he take his Fifth Amendment right not to incriminate himself? I’m sure the Crawford County Sheriff and the Iowa State Patrol are asking questions. But are they getting any answers? The passenger’s friends and relatives will certain want answer. But will they get them? Drive carefully, as if your life and those riding as passenger’s lives depended on it. Because as this collision showed, it certainly does.

1/22/2010
Steve Lombardi
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The world of personal injury law never rests

It’s interesting to see several truckers blogging. I wonder if they write and post while on the road or wait till they get home. Now that would be a serious distraction if done while driving. There’s “The Truckers Report” and TruckieD or TD as I refer to him. He’s on the IB and has his own blog, as I just discovered. Truckie-D’s Blog. I don’t think he’s really happy with us right now. He’s taken issue with the attorneys writing about I-35.

10/14/2009
Steve Lombardi
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More Motorists Die on Rural Roads than Highways

South Carolina is leading the nation with 95% of their traffic deaths last year (2008) occurring on rural roads. Montana is close behind with 92% of their traffic deaths occurring on rural roads.

The report from the National Highway Traffic Safety Administration shows that more Americans die on lonely country roads than congested and hostile urban ones. “There are more crashes in urban areas, but fewer of them result in fatalities,” says Lee Munnich, director of the Center for Excellence in Rural Safety at the University of Minnesota.

Even in Massachusetts, which has the lowest percentage of rural fatalities, there are more rural deaths per 100 million miles traveled than urban fatalities.

Why is this? Key reasons include, people drive faster on rural roads, rural roads are not as well engineered as urban roads, and behavioral differences including drunken driving and less use of seat belts in rural areas. On top of these factors, critical emergency care takes longer to arrive at rural crash sites. In Montana, the average response time for emergency medical rescue is 80 minutes compared to 15 minutes in Massachusetts.

In South Carolina, 80% of that state’s road deaths involve alcohol. Shame on you South Carolina! Of the 95% of total deaths on these roads, only 15% DO NOT involve alcohol, a sobering statistic. Of course we can't congratulate those dying while sober.

Many states are responding to the rural road accident problem by installing rumble strips, grooves, and raised patterns to alert drivers that they are leaving the pavement. I'm not sure this will help the drunks awaken in time to keep the shiny side up.  In Montana, approximately 75% of their rural crashes are single vehicle crashes. They are installing under and overpasses to allow animals a clear path to cross the roads; another major cause of single vehicle crashes in rural areas.

The next time you are driving in a rural area, stay alert, drive the speed limit, and be aware of drivers around you. One other thing, wear your seat belt and don't drink and drive! Drugs and drunken driving are costing us all way too much grief.

Join us for Away from the Sun, by 3 Doors Down

When you drive distracted you’ll find out it may just end up being your time to meet your maker. And by the same musical group, how about joining in with, It’s Not My Time.

Great pipes on this lead singer.

Music video by 3 Doors Down performing It's Not My Time with Sean Hobbs [Video Producer], Shaun Silva [Video Director] (C) 2008 Universal Republic Records, a division of UMG Recordings, Inc.

 



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Workers' Compensation


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


 


Why does the defense attorney want my tax returns?

Will working overtime or holidays change my weekly workers' compensation check?

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

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

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

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

Wrong-way Interstate and Highway Collisions in Iowa

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

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

How can drivers avoid wrong-way driving?

Pedestrian Collisions Causing Injury and Death

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

How can a pedestrian avoid being hit by oncoming traffic?

Car and Tractor Trailer Accidents


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



 



 


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

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

Large Damage, Major-Serious Injury and Death Cases

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

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

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

Cheerleading Safety and the Law of Cheerleading

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

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

Is cheerleading a contact sport?

Work-Comp For Doctors!

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

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

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

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

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

Motorcycle & Bike Accidents

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

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

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

Construction Site Accidents

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

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

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

Injury - Property Defect-Animals

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

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

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

Client Trial-Deposition Preparation

Do I have to attend the deposition?

What is a deposition?

What is an Interrogatory?

Tenant-Landlord Relations

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

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

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

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

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

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

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

Criminal Law Commentary - Todd Miler

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

How much does it cost for a criminal defense?

MOTORCYCLES, TRUCKS AND AUTO WRECKS

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

WORKPLACE INJURIES

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

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

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

WHAT IS FAULT AND NEGLIGENCE?

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

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

Can an 8 year old be found to be negligent?

PROPERTY CASES

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

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


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




 




TRIAL PRACTICE

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

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

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

DEFAMATION - LIBEL AND SLANDER

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

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

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

BEING A CLIENT

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

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

Are secretly taped conversations admissable in a court of law?

General

Should I call the injured worker's lawyer?

Where can I contact Miller Fall Protection?

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