Iowa News: Wrong-way Driving on the Interstate Highway System

Since last reporting there have been 26 additional news reports picked up for wrong-way collisions across America and one from jolly-old England. Drunken drivers continue to be the main cause although old-age confusion, diabetic confusion, youthful inexperience and criminal behavior are repeated causes as well.

Since my last report in the twenty-part series here on the InjuryBoard I’ve wondered how many of the elderly wrong-way drivers suffer from prescription drug confusion or the affects of taking multiple prescriptions. That should be something the National Highway Traffic Safety Administration studies. My understanding of these collisions is they occur more in the northbound lanes on the interstate highway system. It could be because we are mostly right-handed type thinkers reading left to right rather than right to left. Is there a connection? I have no idea but it’s something that should be examined.  

Dallas, Texas – Friday, July 31, 2009 – This wrong-way collision occurred on I-20 westbound lanes along the divided highway near Polk Street in the Red Bird area about 12:30 a.m. Alcohol may have been a factor. The entry point was not determined.  Three people reported to have been killed.  

Chicago, Illinois – About 1:35 a.m. on the Stevenson Expressway (I-55) south of downtown, northbound lanes, wrong-way driver was heading south near Halsted Street in the Bridgeport neighborhood driving a 2003 Audi striking a 1993 Toyota head-on. A 38-year-old female passenger in the Toyota died.

Brownsville, Texas – Highway 71, 10 people injured. Northbound lanes, southbound wrong-way driver.

Providence, Rhode Island – August 3, 2009 – A 50-year-old man driving the wrong-way on I-95 early Sunday morning caused three crashes and the police allege alcohol was a cause. Two people were hospitalized. A video from Channel 12-WPRI Eyewitness News is available by following the link.

Seville, England – August 16, 2009 – A wrong-way collision on the A-4 near Seville killed one man. He tried to cross over the center lane and was struck by a semi-trailer and was himself killed.

Queen Creek, Arizona – August 15, 2009 – A 53-year-old man driving on the wrong-side of the street is reported to have struck a bicyclist at around 2:00 a.m. on Ocotillo Road near 228^th Street. Driver of the at-fault vehicle was driving westbound in the eastbound lanes. Alcohol is believed to have been a factor.

Toledo, Ohio - August 14, 2009 – A wrong-way collision on I-280 at 5:00 a.m. starting at Greenbelt Parkway, going south in the northbound lanes after crossing over the Veterans Glass City Skyway bridge near St. Rt. 795. In this instance a diabetic condition is said to have caused confusion or a condition similar to alcohol intoxication for the 64-year-old driver that was not killed. Non life-threatening conditions were sustained. There is a video you can watch from ABC Channel 13, Toledo, Ohio. She drove for miles. The advice Ohio State Troopers are given is to drive in the right lane as they approach the crest of a hill.

Greenville County, S.C. – August 14, 2009 – An 88-year-old driving a Ford Ranger north on I-385 south struck a Chevy Tahoe head-on; no one was killed.

Marlborough, Massachusetts – August 13, 2009 – A police chase after a man driving a stolen truck drove the wrong-way on I-495. The man was 38-years of age

Stratford, South Carolina – In this wrong-way collision a 20-year-old South Carolina man drove the wrong-way on I-95 and reportedly narrowly missed a head-on collision with a semi-truck. Alcohol is believed to have been involved. Several 911 calls reported a driver going the wrong-way from Strafford to Fairfield south in the northbound lanes.

Little Chute, Wisconsin – August 12, 2009 – In this one a 55-year-old man was driving south in the northbound lanes of 441 near County OO/Northland Avenue at around 3 p.m. The wrong-way driver crashed into two northbound vehicles. The driver was cited from driving under the influence of a drug.  No deaths are reported.

Tarrytown, New York – August 9, 2009 - An elderly woman, 76-years, drove the wrong-way when she entered the off-ramp at Exit 9 driving north in the southbound lanes of the Tappan Zee Bridge. It’s reported that she even went through the tolls driving the wrong-way. (Does that mean they refund her the toll charge?)

Charlotte, North Carolina – August 9, 2009 – I-85 is the scene of this wrong-way collision report of a 21-year-old driver. No cause is mentioned, and here is a quote from the news article. (It should be noted the driver was later charged with DWI.)

Bridges, who lives in Salisbury, said Monday that he's been interviewed by TV news crews and that opinions about his decision to chase the car in the wrong direction have been mixed.

Last month, a 38-year-old Matthews man was arrested after police said he led them on a 20-mile, wrong-way pursuit on I-85 through Mecklenburg and Gaston counties.

In early July, a wrong-way collision killed two people on U.S. 74 outside of Monroe.

In July 2007, a wrong-way crash on I-485 near the Providence Road exit killed both drivers.

Barnes County, North Dakota – August 11, 2009 – I-94 wrong-way crash with a 64-year-old man driving westbound in the eastbound lanes of travel. The female driver entered at exit 292.  Confusion was apparently the cause.

Wappinger, New York – August 10, 2009 – Four injured in this head-on crash on Route 9 in this three-car mva. Around 7:15 p.m. The driver states he simply lost consciousness prior to the crash and drifted across the divider.  Although titled as a wrong-way crash this may not be one in the true sense.

Hanover Township, Pennsylvania – August 10, 2009 – Route 30 is the scene of this accident described as a wrong-way collision. A motorcyclist lost his life when a 19-year-old was driving west in the eastbound lanes of Route 30, just north of Platt Road. Improper passing seems to be the cause along with youthful inexperience. The motorcycle driver was 23-years old.

Fountain Valley, Orange County, California – August 9, 2009 – This wrong-way collision is reported to involve a drunk driver attempting to elude police.

Southfield, Michigan - August 9, 2009 – Eight Mile Road is where this drunken driver drove westbound in the eastbound lanes.  No injuries and no collision before police were able to stop and arrest the driver.

Colorado Springs, Colorado – August 7, 2009 – A DUI arrest of a 37-year-old man driving the wrong-way is said to have caused this head-on collision in the eastbound lanes of westbound U.S. 24 near 21^st Street at around 2:30 a.m. Reports came in from 2:09 a.m. to 2:24 p.m.

Louisville, Kentucky – August 5, 2009 – I-65 at 1:15 a.m. just south of Outer Loop heading south in the northbound lanes. No one was killed even though the wrong-way driver was reported to have been speeding. “She was running 90 or better.”

Fremont, California – August 5, 2009 – This wrong-way driver was on I-880 attempting to avoid arrest, which he did, by driving south in the northbound lanes of travel.

Libertyville, Illinois – August 4, 2009 – A two-car crash when a wrong-way driver on Route 176 at 6:30 a.m. The driver was charged with with improper lane usage, driving in the wrong lane, driving with a suspended license and having an uninsured motor vehicle in connection.

Chicago, Illinois – August 3, 2009 – I-55 wrong-way crash left one dead from a crash in the northbound lanes of the Stevenson Interstate Highway. No report as the cause. This is a blog report.

Tuscon, Arizona – August 2009 – This wrong-way crash on I-10 killed the 17-year-old young driver.

Hazlet, New Jersey – August 17, 2009 – This wrong-way collision is on the Garden State Parkway heading northbound in the southbound lanes and resulted in minor injuries. The collision occcurred around 5:00 p.m.

Denver, Colorado – August 18, 2009 report indicates a 10-car pileup on I-25 was caused by a wrong-way driver. The wrong-way driver was killed. No report on the cause.

Garrett, Indiana – August 17, 2009 – The wrong-way driver drove south in the northbound lanes of I-69 after loosing control of his car, crossing the median and striking a pole. This isn’t really a wrong-way collision. It’s described that way but not one where a driver enters the highway from an exit ramp or onramp and simply turns the wrong-way. This driver crossed over the median after losing control.

Denver, Colorado – August 17, 2009 – Two women in a wrong-way vehicle fled the one-way street location wher the driver stuck a moped driver. The police continue to look for the driver and passenger. If you have information about these two women your help is needed. If you know who these two women are please call Crime Stoppers at 720-913-STOP (7867). You could be eligible for a cash reward and may remain anonymous.

Check out the Des Moines Market for InjuryBoard.com and The Verdict at the Lombardi Law Firm for the twenty-plus series of accidents. Perhaps the NHTSA studies will be something to next examine.

Wrong-way driver distracted and misled by GPS

Gastonia, South Carolina – July 2009 – A wrong-way driver on I-85 in Gaston County, traveling south in the northbound lanes of travel was accused of trying to strike cars driving the wrong way and finally driving into a cement wall. He was under psychiatric care.  

A man who passed him told Eyewitness News it looked like Ghent was going 100 mph. That driver said he was on his way to his Charlotte home from work in Gastonia, and he remembers seeing headlights coming directly at him in his lane. He said he thought it could only be a trooper traveling on the wrong side of the road at night. He said he moved two lanes over and watched as the car passed by.

Seconds later, troopers fell in behind the vehicle.

They said they stopped Ghent near exit 23 and he refused to take a breathalyzer. They said a blood test found an unnamed prescription drug in Ghent's blood. There is a video-tape report.

InjuryBoard.com – Blog by Brooks Schuelke - What Can Be Done To Protect Dallas Motorists From Wrong-Way Drivers? Discusses how Dallas highway officials need to approach the problem. He points out what automakers are looking at the situation.

Bloomington, Indiana - Wrong-way driver on Ind. 37 told police she was following her GPS – July 31, 2009 - By Marcela Creps, 331-4375 | mcreps@heraldt.com

Brownsburg, Indiana – July 2009 – Near the I-74 interchange with Ronal Reagan Parkway near the western Indianapolis suburb of Brownsburg around 8:15 A.M. The collision occurred in Hendricks County involving a 59-year-old woman heading eastbound in the westbound lanes. She died when her SUV struck the rear axle of one semi, then airborne and struck another semi head-on.

Chicago, Illinois – July 2009 – I-55, near South Halsted Street at 1:50 a.m. The wrong-way driver was headed south. A 38-year-old woman was killed in a two-vehicle crash. The male wrong-way driver was neither identified nor charged although he was reported to be in custody.

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.

Wrong-way Drivers Collide in Pennsylvania, Oregon, New Jersey and Mexico

Monroeville, PA – July 2009 – 9:20 A.M. - Pennsylvania Turnpike, heading west in the eastbound lane of traffic. She was 36-years-old and had a 2 ½ year old son in a car seat that survived suffering only a cut above his right eye.  She was a nurse and collided head-on with a tractor-trailer semi truck.  She had to have been driving the wrong-way for at least 7 miles.  It appears she swerved into the right lane to avoid an oncoming semi and struck another semi head-on.  Toxicology reports were not available.  Inside the car was a toll-ticket and the police are attempting to determine exactly what if anything this can tell us. The news report from Channel 4 News indicated she was facing two charges of driving while under the influence from previous incidents. The video report is very good.  See The Pittsburgh Channel with ABC. What is probably more interesting is doing a video search of this site produces more than 20 videos of wrong-way driver reports.

 

Video: Watch Marcie Cipriani's Report
Slideshow: Photos Of Turnpike Crash

 

Coos Bay, Oregon – July 2009 – Most wrong-way driving is accidental, but occasionally your run into a story where it was purposefully done. This is one of those news stories. This one involves a masked man on a four-wheeler ATV traveling the wrong-way on a one way street attempting and then succeeding to allude law enforcement.

Clifton, New Jersey – July 2009 – Route 21 in Clifton around 5:00 PM heading south on a northbound lane causing a four-car collision in which five people were hurt, three seriously.

Mexico – June 2008 – Minutes after a bike race began just across the border from Brownsville, Texas a man allegedly drunk drove the wrong-way on a roadway then fell asleep at the wheel careening into the pack of riders. The Daily Telegraph published a photograph of the incident with bikes and riders flying up above the car.  The man was 37-years-old.  Here is a blog titled the Brooklynian that discussed Wrong way in bike lane.

Wrong-way Drivers Collide - Snowbanks on the roads edge can leave no way out for wrong-way interstate drivers

Fredericton, Canada - December 2007 - A 61-year-old woman drove the wrong-way on a divided highway named Vanier Highway, the other head-on crash victim died. The wrong-way driver suffered a broken ankle but learned the person who died was a friend.  The wrong-way driver was charged criminally and the trial testimony along with expert witness testimony is reported in the Daily Gleaner.  Factors contributing include no signage of wrong-way entry, a sign that was leaning over and snow banks along the road making pulling over impossible.

“Under cross-examination by defence lawyer Patrick Hurley, he testified that at the time of the accident, there was no signage along the Kimble Drive off-ramp warning motorists who might be travelling the wrong way down that access point to the highway.

He also said a photo he took showed that the median sign at that Kimble Drive exit, indicating which side of the median drivers should remain on, was crooked and leaning left.

Conversely, there was a sign with a Do Not Enter symbol at the Liverpool Street ramp, he said, and since the accident, signage has been added to the Kimble Drive ramp to warn motorists about travelling the wrong way.

Hurley also questioned several witnesses about the lack of room to pull over on the Vanier Highway on Dec. 21, 2007.

He suggested that snowbanks along the shoulder made it impossible to pull over and that the area by the median wasn't wide enough for a car.

While Wayne Christie agreed with those suggestions, others witnesses didn't, indicating there was just enough room by the median to pull over in some areas.”

Newport, Michigan – July 2009 - I-275 in Monroe County at 4:30 PM about  28 miles southwest of Detroit. No further details given.

Wrong-way Drivers Collide in Florida, California, Indiana and Canada

Spring Hill, Florida – July 2009 - Wrong-way driver on Commercial Way. Driver was suspected of Dui but blew a negative breath test. The 28-year-old driver’s mother indicated she was probably on either prescription drugs or methamphetamines.

Saskatchewan, Canada – July 2009 - A $2,500 fine was issue to a man who had caused a collision when driving the wrong way while driving under the influence.

“Court heard two women travelling (sic) southbound on Ring Road between Victoria and Arcola avenues were shocked to suddenly see a truck heading right for them. Witnesses described something between a head-on collision and a side swipe as the two vehicles connected. They estimated the offending vehicle was travelling (sic) at highway speed or somewhat over at the time of impact.”

Los Angeles, California – July 2009 - Stolen vehicle driving wrong-way on La Cienega Bouldevard. Male driving a stolen Lexus SUV.

Indianapolis, Indiana – July 2009 – I-74, eastbound driver in westbound lanes of travel, 59-year-old female driver struck the rear duals then went airborne and struck another semi-truck head-on. The woman was pronounced dead at the scene.  She was driving an SUV although the news reports don’t’ say what make and model.

Wrong-way Drivers Collide on Highways across the United States

Wrong-way collisions are frightening to think about simply because there are so many deaths associate with being involved in one. Also, considering you have two vehicles, or more, traveling in opposite directions towards each other at 70 M.P.H. the forces generated on impact are tremendous and almost certain death.  But we do have to examine them and educate ourselves about how to recognize and to avoid this near-certain death car-truck-motorcycle-SUV-van crash.

Wrong-way Collisions Blog – Brooks Schuelke, Wrong Way Wrecks Are Still A Problem – This recent post is a good starting point because it refers back to other posts on this subject, listing 6 posts for you to review.

Dallas, Texas – July 2009 – Fault & Prevention Discussion - The Transportation Blog by reporter Michael Lindenberger suggests lowering the signs for those going the wrong way. He says with wrong-way drivers it’s all about drunk drivers. I don’t agree with him.

Providence, Rhode Island – July 2009 – Inner City - No Injury – Age of driver unknown - The Providence Journal has Wrong-way driver abandons junker at Waterplace Park; reporting a joy ride was driven the wrong-way inside a pedestrian tunnel. No one killed or injured.  Here is a description of the route the car thief took for his joy ride the wrong-way:

At the wheel of a clunker at 2 a.m., a motorist sped the car up over the curb outside the tony condo building and drove through the short pedestrian tunnel under the building, then plunged down two flights of stairs to the railing around Waterplace Park, police Lt. Michael J. Figueiredo said. With nowhere to go but into the water, the driver banked a sharp left, drove over the pedestrian walkway over the river and tried, without success, to take a right onto the handicapped ramp at the Memorial Boulevard end.

So, the motorist backed up, parked outside the condo building's plate-glass windows, and ran off -- leaving behind a puzzle: How to get the battered Nissan back out.

Vancouver - Canada – July 2009 - Hwy 99 – Elderly female – 85-year-old – death and serious injuries - southbound in northbound lanes of Highway 99 – 5:38 PM - Two collisions, the first was one car attempting to avoid colliding with the wrong-way driver and the second was a head-on crash with the wrong-way driver. Driver going wrong way on Highway 99 dies + Confused 85-year-old dies after causing two accidents driving the wrong way on Highway 99.

Wrong-way Drivers Collide in Texas

Dallas, Texas – July 2009 – Dallas North Tollway – June 1, 2009 you can listen to the 9-1-1 call about wrong-way driver on the Dallas North Tollway. Age of driver is 28 years-old, female; head-on collision resulted in killing both drivers. On June 21, 2009 same turnpike a 27 year old male drove head on into another car injuring himself and two other women.

Listen to frantic 911 calls warning of wrong-way drivers on Dallas North Tollway.

June 1, 2009 911 Call transcript link.

June 21, 2009 911 call transcript link.

Dallas, Texas – July 2009 – NTTA to use flashing lights to warn drivers when they are heading the wrong direction.

“New reflective buttons, laid out in the shape of arrows, are being put on lanes at each of the 47 exit ramps on the tollway, North Texas Tollway Authority officials said Tuesday. Headlights from a vehicle headed the wrong way on an exit ramp will make the arrows pointing at the driver glow red.

NTTA has also installed 25 new warning signs, bringing the total number of "wrong way" or "do not enter" signs to 215. By comparison, just three people died in 28 wrong-way crashes reported by the Texas Department of Public Safety between 2003 and 2008. At least 18 involved alcohol or drugs, and alcohol has been a factor in three of the five crashes this year. The other two are still under investigation.

"It's a national and international problem," said Allen Clemson, NTTA executive director. "We're not sure it's ever going to go away."

NTTA revs up effort to warn wrong-way drivers on Dallas North Tollway

Fulton, NY – July 2009 – I-481 – Friday night, 60-year-old male – south direction in northbound lanes. Three deaths. Driver in wrong-way crash entered highway in Fulton

by Sarah Moses / The Post-Standard , Tuesday July 14, 2009, 8:22 PM

In addition the NTTA is considering three other changes to avoid WWD’s.

The NTTA is considering:

• Installing sensors in pavement that would detect a vehicle headed in the wrong direction so law enforcement could be alerted more quickly.

• Using electronic signs to send messages that would alert motorists that a wrong-way driver is headed their way.

• Lowering "do not enter" signs on exit ramps to make them easier to see.

Wrong-way Drivers Collide in Minnesota

Twin Cities, Minnesota – July 2009 – 49, y.o. female, OWI – BAC .33 legal is .08. Wrong-way driver on McAndrews Road in Burnside, MN. Slight injuries to both drivers, the story is covered by Pioneer Press.

Baldwinsville, NY – July 2009 – Route 481 – three deaths. A 60 yo male driver driving south in the northbound lanes. Victims were the other driver, age 27 and the at-fault driver’s passenger, 82-year old female.

“State Police released more details Monday on Friday night's crash. Troopers say witnesses reported seeing 60-year-old Gary Foster of Syracuse enter the highway's northbound lanes in Fulton and drive several miles south before colliding with another car driven by Reed. Foster and 82-year-old Jacqueline Grove, a passenger in his car, both died in the accident.”

Scottsdale, Arizona – July 2009 – 36-year-old woman left driveway the wrong-way on Indian School Road resulting in a head-on collision injuring all four people. Charged with DUI/OWI. Drunk Driver Causes Wrong-Way Crash. 11:10 A.M.

Asheville, South Carolina – July 2009 – Good luck figuring this one out. Asheville Police have charged a man after initially charging another man with the same crime.

“Police have charged 37-year old Jimmy Eugene Jordan, of Asheville, and charged him with reckless driving to endanger, speeding, fleeing to elude arrest, driving while license revoked and assault with a deadly weapon on a government official. According to a spokesperson for the Asheville Police Department, due to information given to them by 36-year old Nicole Leah Thompson-Dockery, of Candler, they had charged 43-year old Craig Ross Griffin, of Leicester, with driving the wrong way down a one-way street on July 16 and nearly striking an officer conducting traffic enforcement.

The spokesperson says that Thompson-Dockery, who wanted for Parole and Probations violations in Mecklenburg County, was a passenger in the vehicle at the time of the incident. Officials say she intentionally misled officers and gave them Griffin’s name in order to get him in trouble with police and subsequently Jordan was identified as the driver of the vehicle.

Police are currently seeking Jordan. If anyone has any information as to his whereabouts they are asked to call Asheville Police at (828) 252-1110 or Crime Stoppers at (828) 255-5050.”

Delta, Canada – July 2009 -  Highway 99 in Delta, 5:30 PM rush hour, Tuesday, five vehicles, one fatality, traveling southbound in the northbound lanes; a three car collision was caused when a driver attempted to avoid colliding with the wrong-way vehicle.  The wrong-way driver was an 81-year-old female who was killed.

Wrong-way Drivers Collide in New York, California and Canada

Syracuse, NY – July 2009 – Three people died, wrong-way driver on Route 481, 60-year-old male.  The at-fault driver had an 82-year-old passenger who also didn’t realize they were traveling the wrong way. The driver of the car they struck was 27-years-old and died in the collision.  City of Fulton, New York – July 2009 – Route 481 is the roadway that a driver drove the wrong-way for over 17 miles speeding along before crashing with another vehicle.  The 60-year-old driver was driving south in the northbound lanes of travel.  The police received 16 emergency calls about this car that was going the wrong-way while Oswego County received 23 phone calls.  Channel 9 WSYR also covered this story and has video, both edited and raw footage available for viewing.

 

Chiriaco Summit, California – July 2009 -  I-10, 2:05 A.M., 90-year-old driver and his wife passenger escaped serious injury when their pickup truck driving westbound in the eastbound slow lane collided head-on with a semi-truck. The Ford pickup hit the semi-truck head-on even though the semi driven by a Missouri man swerved towards the fast lane in an attempt to avoid the collision sideswiped a van and ended up in the median. 

Canada – Highway 99 – July 2009 -  entered from highway 10 – heading southbound on the northbound freeway lanes – 84-year-old woman – the only fatality was the wrong-way driver; all others were injured but not severely – one crash occurred on the other side of the highway when a driver attempting to avoid the wrong-way driver crossed the median striking oncoming motorists.  Highway closed for six hours. Speed was 100 km/hr.

Keenan Charged with Two Counts for deaths of Cadena and Rochelle.

The driver of a 2000 Toyota 4 Runner lost control at the 1-35 southbound ramp to the I-80 eastbound ramp and the SUV rolled several times causing the passengers inside to be ejected. The accident occurred on July 25, 2009 at around 5:00 a.m. in Polk County, Iowa.  The driver must have failed the breath test for alcohol because he was charged with OWI 3^rd, driving while his license was barred and homicide by motor vehicle, 2 counts.  The last charge was due to Martina Cadena and Mar’quis Rochelle dying as a result of being ejected during the rollover.  Keenan was 31-years of age and from Iowa City. Rochelle was 26-years of age and also from Iowa City. Martina Cadena was 35 and from Coralville, Iowa.
Is there negligence here? If there is it's probably to be proven in pursing evidence of the driver taking the curve too fast, driving while under the influence and not using due care. A failure to keep a proper lookout should also be pursued.  Passengers and the estates of the two who died would have 2 years to pursue causes of action. They can expect to have to pursue coverage under their own auto policies; because it's not likely the driver had auto insurance since he was barred from driving. Insurance companies insure risk and a person with a barred license shouldn't even be driving; so he's probably not insurable.  UIM, or uninsured motorist policies may have a two-year statute of limitations or it could be from the date of the denial by the insurer. Check the applicable policies.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

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

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

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

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

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

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

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

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

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

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

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

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

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

Driver Safety: A critical margin of safety from distractions

On March 30, 2009 at 1:30 38 year old Jeffery Hamman of Sioux City hit a semi (drove his pickup truck right into the rear) that was pulled over on the shoulder for a mechanical problem. The semi was driven by 62 year-old Carlos Yon of Miramar Florida. Mr hammon was transported to Saint Luke’s Regional Medical Center for what authorities are saying are “possible minor injuries.

So what could have caused Hamman to drive directly into the rear of a semi-truck disabled on the road side? 

Here are a few possibilities:

Alcohol intoxication of the driver.
Inattention.
Distractions.
Obstruction.
Being in a hurry.
Talking on a cell phone.
Texting on a cell phone or Blackberry.
Picking something up off the floor. 
Adjusting the radio setting or selecting a new CD. 
Watching a small DVD player.
Kids in the back seat.
Food or drink preparation.
Writing a note on a tablet.
Reading a map, book or newspaper.
Combing his hair or putting on makeup. (Yes ladies you know you do this.)
Sliding out of control from some other cause.
Attempt to avoid a deer or other animal. 
Falling asleep at the wheel. 
Getting something out of the glove box.
Spilling coffee in your lap and paying more attention to your pants than to your driving. 
Arguing with a passenger.
Changing clothes.
Looking for or getting your sun glasses.

I've seen all of this in my career as a personal injury lawyer.

 

Driver Safety: Failing to yield kills one driver and injures two others on I-35 southbound, Ames, Iowa

Garrett Chitty, 17, tried entering I-35 southbound where little room existed, stuck another truck being driven by Lewis Thomas of Cleveland, Ohio. Thomas’ truck moved over to the east striking a utility truck driven by Gary Parsons, 51 or Deposit, N.Y. Unfortunately for Parsons his truck turned on its side onto the guardrail and he was killed.

Parson’s and Thomas are entitled under Iowa law to workers’ compensation benefits. If Thomas has dependents, a wife or children, they too will be entitled to receive benefits. The wife can receive lifetime workers’ compensation benefits or the children benefits so long as they are receiving an undergraduate education. Lombardi Law Firm handles these types of cases.  The wife can get these benefits commuted to a lump sum.

In addition each are entitled to pursue a claim against the other driver, Chitty for improperly attempting to enter the highway.

UNIT 1 ENTERING SB 35 FROM WB 30 UNIT 2 WAS SB ON 35 OUTSIDE LANE UNIT 3 SB 35 INSIDE LANE UNIT 1 ENTERED SB 35 AND LEFT SIDE OF UNIT 1 STRUCK UNIT 2 THEN LEFT SIDE OF TRAILER STRUCK UNIT 3 UNIT 3 LEFT THE ROAD THROUGH THE GUARDRAIL AND ROLLED OVER COMING TO REST ON THE GUIDEWIRE ON WB HWY 30.

For additional information check out the Iowa Drivers' License Manual concerning entering the interstate from a ramp.

Iowa workers' compensation act provides for death benefits to dependents.

Death Benefits (85.28, 85.31, 85.42, 85.43, 85.44)

Death benefits are payable to the dependents of the employee. Benefits are first payable to the surviving spouse for life or until remarriage. Dependent children are entitled to the benefits until they reach age 18, or age 25 if they are actually dependent. Others may qualify, if there is a showing of actual dependency. Upon remarriage, if there are no dependent children, the surviving spouse is entitled to a two-year lump sum settlement. Burial expenses not to exceed twelve times the statewide average weekly wage in effect at the time of death are paid in addition to the weekly death benefits.

Rear ended by distracted driver leads to $3.5 million settlement

Driving on the highways of Illinois can be risky. In this case a student at Southern Illinois University Carbondale was on assignment for the student newspaper when he reportedly was rear-ended by a semi-truck and was killed. From the report it appears this was a construction zone and the truck driver was distracted by the radio controls.

“Clifford Law Offices, who represented Rendleman's family, said Morrison admitted he was tuning the truck's radio immediately prior to the crash.

"This terrible tragedy demonstrates the critical importance of paying attention on the road, especially when there is construction," senior law firm partner Robert Clifford said in a news release.”

The student was only 22-years of age.

Having recently driven from Des Moines, Iowa to Chicago, Illinois I can attest to the road construction. There are two choices in the construction area. If you stay left there are several lanes to choose from; but going right there is only one lane. The first time I had the choice I went left but then realized that it is was too hazardous. The left lane is narrow and bordered on each side by concrete lane separators that limit your ability to avoid someone coming from the back that might rear-end your car. The next time the choice was there I went right and worked my way through the multiple lanes. It seemed a whole lot safer for Barbara and I.  Below is a YouTube video of the stretch of roadway we are talking about. It’s the Chicago I-94 Dan Ryan / Kennedy / Edens Expressway. The first is during daylight and the second at night.

A Rip-Roaring, Revelatory, Rebuilt Ryan Road Romp

Chicago: I-94 Dan Ryan / Kennedy / Edens Expressway

 

Anderson thrown from truck when it goes off the shoulder at I-235 and I-35 South in West Des Moines, Iowa

Two people on their way to Texas were involved in a car accident at the I-35 South and I-235 West interchange. Bradley Sea, 21 was driving a pickup truck west on I235 and turned right to go around the turn which connects with I-35 South. He went off the shoulder and down the embankment.

His passenger, Cortnee Anderson, 20 was ejected from the truck. She was admitted but is in fair condition at Iowa Methodist Medical Center. The two were heading to Texas.

Being very familiar with this turn, I take it several times a week on my way home, I can say it’s treacherous. The curve is dangerously sharp for the Interstate speed, there is no guardrail to stop a car or truck and the embankment is severely down towards the buildings that set just across the fence.

An aerial map is available through the Polk County Assessor’s website.

The driver is likely to be assessed fault for this collision: loss of control, failure to maintain a slower speed and failure to drive using due care.

Hit and run driver kills pregnant mother

The 21 year-old driver of a hit-n-run accident in Buffalo, New York turned himself in after talking to relatives. The pregnant woman suffered brain injuries and a broken neck in the accident. A 4-year-old son suffered a broken arm. The events that led to a pregnant mother’s death and what will certainly be a very painful learning experience for the driver were described by Lou Michel, News Staff Reporter for the Buffalo News.

”Tulumello is charged with vehicular manslaughter, vehicular assault, driving while intoxicated, driving without a license, driving without insurance and leaving the scene of an injury accident. Earlier this year, he was convicted of driving while ability impaired following a non-injury accident in the same general area of Wednesday’s accident. “

Drinking and driving don’t mix.

See Main Street hit-and-run victim was pregnant, mother says, Driver might face longer prison sentence

Even as bad as Iowa and Illinois weather gets, it's still the driver whose fault causes the accident

An accident occurred outside Blairsburg this past Sunday night and the story was picked up by the news service. They reported two people died and one was injured. Here is how it was described:

A Chevy was southbound on Highway 69 when “it lost control and swerved into the path of a 2002 Mercury Mountaineer heading north. The Mountaineer struck the passenger side of the van. According to the Iowa State Patrol report, weather conditions caused the accident but it is still under investigation.”

I’ve written about this type of collision before; one in which weather is a component of the accident sequence. Granted weather can be a factor but it can seldom be the cause of a collision. What is the likely cause is the car’s operator driving too fast for the conditions, including the weather and road surface. Of course balding tires, mismatched tires or tires without enough tread can also contribute, but weather alone can not cause an accident.

The Iowa State Patrol report hasn’t yet been published so we can’t check to see exactly what the State Trooper reported but here is another example that demonstrates my point on placing blame on the weather.

On February 26, 2009 there was a single vehicle accident in Plymouth County in which Ramiro Barbo was the driver and died in the collision. What the Trooper wrote for the narrative was the following:

VEHICLE 1 WAS EAST BOUND ON C-38. THE DRIVER LOST CONTROL ON THE ICE COVERED HIGHWAY AND THE VEHICLE ENTERED THE SOUTH DITCH. IT OVERTURNED AND CAME TO A REST ON ITS WHEELS. THE DRIVER WAS NOT WEARING HIS SAFETY HARNESS AND WAS EJECTED.

In the report the weather conditions are noted to include sleet, hail and freezing rain. The narrative points out the officer’s observation of an ice covered highway. Also the driver wasn’t wearing his seat belt and was ejected from the car's interior. The car was noted to have struck a fence, gone into the ditch and rolled over.  We have no indication of the tire tread conditions or if all the tires matched or were inflated properly. Also there is no indication of the cars speed, condition of the windshield and brakes. For all we know a deer could have run out in front of the driver and startled him. All of these are factors that might be considered in concluding a cause of the collision and resulting damages. The seat belt has nothing to do with causing the collision of the car but can have something to do with the collision of the man’s body as it was being ejected from the car and after the ejection.  The weather is only one factor and can not cause a collision. Only a driver not driving slow enough or with due care can cause the car to go out of control.

When the weather is bad, it’s as simple as slowing down. Take your foot off the gas pedal, and when you don’t slow down and crash, then stop blaming the weather.

To read more about this subject see the following articles posted on either the InjuryBoard.com Des Moines site or The Verdict, Lombardi Law Firm.

Slippery snow conditions blamed for crash and sued for road closing!

February 28, 2009 - 08:50 AM

What is negligence? As a juror how do I analyze facts when negligence is the issue? 

Sun-Times News Group also carried my analysis of negligence and how to analyze the facts.

 

What is negligence? As a juror how do I analyze facts when negligence is the issue?

Today’s post is about negligence, what it is and how to view evidence to appreciate what is negligent behavior. Here is a headline and the opening line of a news story out of Indiana.

Snow causes crash and brief

closing of I-65 near Lowell

 

LOWELL | An early Saturday snowstorm is being blamed for a traffic accident that briefly closed a south Lake County section of Interstate 65 and left a downstate man injured.

For years I’ve read headlines and opening sentences in news stories with the lines blaming weather conditions for causing accidents. The idea that snow or weather or even slippery conditions can cause an accident is absolutely preposterous. There is snow outside in my driveway this morning and as I walk to the mailbox to retrieve the morning’s newspaper I notice that the driveway is slippery. The slippers I’m wearing don’t quite fit snuggly on my feet. (Acorn slippers) There is a car sitting in the driveway with snow on it and all around it. So far the snow hasn’t caused an accident. Why not? If snow causes accidents why hasn’t my car in the driveway had an accident? It’s been snowing all night and still there is no accident. The driveway is even slippery and so far no accident. I walked all the way down to the end of the driveway and back and still there is no accident. Maybe I should come back in an hour to see if there’s been an accident. What do you think will there be one? Will I come out to find the fenders crunched and wrecked car?

What’s necessary to have an accident? That’s the place where negligence starts. We need a driver or drivers. No driver and I dare say the car, snow and slippery driveway can coexist all day without having an “accident”.

Now let us turn the discussion to duty. As a juror sitting in a civil car accident case or as the judge will say, a tort case, there are four elements to be proven and then analyzed. The four elements are duty, a breach of duty, proximate cause and damages. Today we are looking at the first two elements, duty and breach of duty. Back to the snow.

As a lawyer with 28 plus years of experience trying civil lawsuits I am confident in saying snow has no duty not to be slippery or to avoid falling on the public highways. I am equally confident in my assertion that no judge would instruct a jury that any law required snow, not to be slippery or on the highway. That I am certain. Drivers on the other hand do have certain duties. A duty is a standard or rule of the road (a law or regulation) that driver must follow in using the public highways. Those duties can include restrictions on speed, when to pass, when not to pass, which side of the road each car should be driving, when to brake and when to make adjustments to the manner in which they drive. Adjustments are the key to this analysis. If it snows and the roadway is slippery the driver must slow down and operate the car or truck in a manner that allows the vehicle to be safely operated. It is the driver who has a duty not the snow. The slick conditions are just that; a condition which the driver must evaluate and adjust his or her driving habits to avoid colliding with other cars, trucks, people, signs, buildings, bridges, culverts and other fixed or moving objects. Drivers are what is needed in my driveway before there can be an accident and it’s those drivers that have the duty and can breach the duty. So when you’re sitting on a jury and someone says that it was the snow or other weather that caused the accident, explain to them how wrong they are and then sit back, hopefully you've wore that power tie or skirt, and see how quickly you’ll become the foreperson.

Here is the full report from Indiana about the snow having caused an accident. While it’s permissible with news reporters to write this way, it’s not proper for lawyers or jurors to think this way. People cause accidents, not weather or cars without drivers.

 

Snow causes crash and brief

closing of I-65 near Lowell

 

LOWELL | An early Saturday snowstorm is being blamed for a traffic accident that briefly closed a south Lake County section of Interstate 65 and left a downstate man injured.

Indiana State Police said Kevin Tomeo, 30, of Avon, In., west of Indianapolis, suffered head and internal injures. He was transported to St. Anthony Medical Center in Crown Point.

The National Weather Service said Saturday an overnight snow system deposited a half inch of snow across much of Northwest Indiana.

Police said an unidentified passenger car was southbound on I-65 shortly after 3 a.m. Saturday when it lost control on a patch of black ice that formed from snow melt at the 238 mile marker, two miles south of the Indiana 2 exit.

Police said the passenger car pulled out of the skid and continued unharmed, but Tomeo's Jeep Cherokee, which was traveling behind it, lost control when he attempted to brake to avoid a collision.

Police said the Jeep began spinning, hit the guard rail and bounced back onto the highway where it was hit by a 2003 Mack truck pulling a double trailer.

Police said the tractor trailer jackknifed, hit the guard rail on the right side of the pavement and came to a halt, blocking all southbound lanes of travel for two and a half hours.

Police said the tractor trailer driver, Roosevelt Bell, 28, of Park Forest, Ill., was uninjured, but ticketed for driving too fast for road conditions.

The National Weather Service said temperatures will remain in the low 30s, but no more snow is forecast until Tuesday.

 

Construction Site Safety - Flagman for a day, a reporter ends day exhausted but a lot more aware.

In Minnesota, the Carver County Attorney charged a 73-year old construction worker with failing to drive with due car and following too closely, both misdemeanors for traffic related offenses. In the accident a flagman was run over by a truck and killed.

The accident happened in May 2008. The flagman was directing a bulldozer across a roadway. The Ford Excursion driver struck the flagman who died at the scene.

Look at file #20070014 for meeting minutes in which LuAllen Kettner was present and compare with file #20070016 - Zumbro River Constructors. 

Walking in a flagman's shoes for a day would be an interesting and exasperating experience. Sun up to sun down, 14 hour days with angry and unreasonable drivers create hazards from all sorts of angles.  In this Lancaster, PA Electric road work site deals with just these kinds of drivers. Talking on cell phones drivers are distracted and easily get angered at the guy holding the flag. Many think it's an easy job, the easiest job on the road crew, but it's not. It's a difficult job requiring the professional demeanor of any law enforcement person.

Reporter is a flagman for a day.