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.

At fault Iowa drivers

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on.

Is anyone at fault when their property ends up on the highway?

Who’s to blame when a stray cow comes in the path of a moving vehicle? I’m sure that’s just what the family of the driver of a semi trailer is asking today. At about 2:15 a.m. on Tuesday October 20th 2009 a still unidentified man hit a cow in the middle of Iowa Highway 14 between Chariton and Millerton. After the truck hit the cow it went into a ditch and then into a creek. Apparently the truck driver died. In rural Iowa this isn’t such a rare occurrence.

Am I liable if I shoot a fellow member of my hunting party?

Am I liable if I shoot a fellow member of my hunting party? You may be so check your insurance coverage before you leave the house and make sure you know where everyone in the party is located before you pull the trigger.

Wisconsin plant explosion may have been caused by static electricity

In Columbia County, Wisconsin a 47 year old man died Sunday October 18th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years. Fire Chief Randy Koehn said that Doxtator was using a handheld grinder which ignited sparks in an area of the plant designated hazardous. What caused the explosion? What are the possible causes and violations?

The Ponzi Victim and the Ponzi Whistleblower

Walk with the cameraman as he tours the hallways or Rothstein Rosenfeldt Adler. And take the time to read the emails someone has posted and alleged sent by the person who is the focus of this investigation. And note the themes of security and control. Access to the main proponent is strictly controlled. That limits information to those who might ask too many questions. To do this there is the empowerment of those desperate for access to a position of power they have not rightly earned. Everything about this says there is something wrong. From a common sense point of view it makes little sense. And yet it succeeds in fooling those who are used to following the crowd or who are greedy for a success they did not earn.

Another Collapsed Construction Site Ditch Death, This One in Texas

It’s basic safety when doing tunnel or ditch work on a construction site to support the walls. Another question is why weren’t they using a trench box? Look at the linked articles below. Here is one on point: Construction Site Safety - A trench box would have saved the Georgian tunnel worker. And after you read the article, this being a Texas case, call Brooks Schuelke at Perlmutter & Schuelke LLP.

Juries Should Never Run on Empty

On September 04^th 2009 14-year-old William Beaulieau and a class mate 15-year-old Jacob Murray were go-carting when the go-cart they were riding in collided with a Ford truck driven by Chad Stange. The accident occurred at the intersection of 300^th Street and Stanley Road near Fredericksburg at about 5 p.m. Mr. Beaulieau was driving the go cart and both boys were ejected on impact and both died as a result of the injuries sustained in the crash.

First of all the report isn't clear but appears to say they were driving the go-cart on the public’s right-of-way; the road or street. If so, our first thought is to ask what are they doing riding on the street? And why at 5:00 p.m. when commuter traffic is likely to be increased due to people coming home from work? No license, no registration, no tags and no reason to be there. Was there a moped type flag on the go-cart? Go-carts are too low to be seen by normal drivers, so it's an accident waiting to happen.

The next question that always comes up is about supervision. Where were the adults who should be supervising them and why did they think it permissible to be driving a motorized go-cart on the public streets? What were they taught about riding it on the streets? Was someone home watching Oprah when they should have watching the kids? These are the types of questions that would need to be answered.

I've got experience with this in my neighborhood. I see my neighbor's children and adult children running an unlicensed ATV on the streets while trying to pull wheelies. When I see them out there my first thoughts are when the accident is going happen; you know the one that is inevitable. You see I live on a corner and I know my neighbors driving habits; probably too well. Here is my one neighbor who is also a lawyer and he drives way too fast through that intersection and now we are adding kids and young adults on an unlicensed vehicle. And then there are the neighborhood teen drivers going through that intersection as if they owned it. I’m shaking my head as I ponder the sound of metal to metal as the crash unfolds in my head; that's what happens to aging personal injury lawyers; we dream of all the crashes we've had cases about. Maybe I should move to the end of the cul-de-sac; then I wouldn’t know so much about the intersection down by Lombardi’s house.

These situations lead to tough questions with very unsatisfying answers.

If you’ll recall we’ve discussed a similar type of accident involving an ATV running into a parked car.

But it also raises another question. What was the driver of the Ford truck doing? How fast was he going? Did he have any distractions that took away from his awareness as a driver on the public roads? His actions may not excuse his negligence. Was he aware from previous occasions that this kid would be out riding his go-cart in the street? If so, was he watching out for him? Did he know the kid was there and just ignored him? Determining negligence is such a multi-faceted task with many questions about the behavior of each actor that need to be answered about whether it lived up to the reasonable man standard. In this case it’s probably too easy to just want to blame the kids on the go-cart; but our first inclinations aren’t always the fairest either.

So let’s wait till we know all the facts before judging and coming to a conclusion.

We wish the families well and I rest my case.

Metro Bus Drivers Are, Like Pedestrians, Just Working Stiffs

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 hit by another Metrobus driving in the same direction; a bus which came up along the side. 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.

 

The case is under investigation, and the bus driver’s blood was tested, and they were placed on 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.”

 

Pedestrians too have an obligation to use heightened safety measures. When walking the city streets have your head on a swivel; meaning, look all around you as you step into the street. Stop before you step off the sidewalk into the street. Look both ways several times. We are all in a hurry, or so it seems. Many people seem distracted with this economy and the mess Wall Street and Washington have created for those who don’t get multi-million dollar bonuses and “campaign contributions”. Most of the people who work for enough just to pay the rent and to put food on the table are most likely depressed. But raise your head up and look carefully before you step into the street, because the bus drivers are more like you and I then the Wall Street crowd; and they too are just as distracted.

 

And remember the words of Michael Conrad just before he sent his troops out on the streets

What motivated someone to kill Melissa Lewis, the attorney?

With recent developments surrounding the Law Firm of Rothstein Rosenfeldt Adler the answer to the question in the title just got 1,000 times more complex. “I read your post about Melissa Lewis. Are you aware of the recent events in Ft. Lauderdale?” the caller asked me. I wrote about Melissa Lewis back on March 11, 2008.

Who took your 401K Pension Plan money?

With all the talk of tort reform one might begin to believe that attorneys really are the cause of climbing costs in healthcare along with every other economic ill special interests can blame them for. What are some of the reasons for spiraling health care costs? What isn't being talked about is the enormous amount of insurance fraud (including government programs Medicare and Medicaid).

Douglas Dvorak, a Cedar Rapids chiropractor, was convicted on April 22nd 2009 on 22 counts of mail fraud, 11 counts of aggravated identity theft and 6 counts of money laundering for filing fraudulent Medicaid claims from late 2005 to early 2007. He has been sentenced to seven years in prison and ordered to pay more than $71,000 in restitution. This is just a small piece of the fraud that is committed daily against the health care system and if pursued aggressively one has to wonder, how much would healthcare costs drop if we could stop it?

Instead of allowing ourselves to be distracted with talking about whether an injured patient is compensated we should be asking our public officials and the special interest groups that promote reforms what they are doing about health care and pension plan fraud.  Politicians love to talk about anything that doesn't hold them accountable for what they let happen on their watch while sitting in Congress or holding public office. It's time we start to hold them accountable.

Head-on Collision in Clayton County, Iowa

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.

What do I do if the homeowner's insurance company will not pay for our fire loss?

According to the Cedar Rapids Fire Department the fire started on October 8^th 2009 was started by a 3 year old boy playing with matches or a lighter. What’s still unclear is how a 3-year-old obtained the matches or lighter. Another question all parents should ask is why the batteries had not been replaced in the smoke detectors making them operational. When was the last time you tested the detectors in your house?

Here is the link to the story. One-year-old Diarrana Lockett who was severely injured in the fire has since had her condition improve, but further details beyond that are still unavailable. Firefighters had originally responded to the townhouse at 3000 J Street S.W. around 4:33 p.m. Thursday and found the girl on the second floor next to a mattress. Her grandmother, Lesia Funchess had put the young girl to bed at about 3 p.m., sometime after that her grandson had gone upstairs then came back down reporting that there was a problem upstairs.

The grandmother and an unidentified neighbor tried to put the fire out, but were unsuccessful in their attempts. The fire department believes that the fire was started on the mattress.

Part of child-proofing a home is removing temptation. Another part is checking batteries in smoke detectors. Children have a natural curiosity that at times leads to danger. This appears to be one of those situations. House fires like this one should be a warning or an example for other families to get busy checking batteries and the location of matches and lighters. Make them inaccessible.

We wish the families well and if our law firm can be of any help to others with legal matters arising due to house fires, you can contact me through the Lombardi Law Firm website.  House fires create legal issues with the insurance companies refusing to pay claims or offering less than the owners believe they are owed. Also in the case of wrongful death there can be claims involving insurance coverage. We assist with each type of claim.

Florida Elementary School Bus Hit and Killed a Pedestrian

Florida School Bus Hit and Killed a Pedestrian

 

In Palm Beach County, Tequesta, Florida, a pedestrian was hit by a school bus on Monday, October 5, 2009 at 7:15am, according to online news sources Justice News Flash. The bus was picking up Limestone Creek Elementary students when it made a left turn from Seabrook Road onto Tequesta, when Jerry Licklider, a 69 years old from Jupiter, walked in front of the bus, was hit and then pinned underneath the bus. Tequesta Fire Rescue got Licklider out from under the bus, and then Palm Beach County Fire Rescue crew brought him to St. Mary’s Medical Center. He later died from serious injuries. The bus had on it 20 students at the time of the accident, but were reported to have no injuries, and arrived safely to their school by another bus. I'm not sure that's a safe assumption. Young children seeing a pedestrian run over and then later learning he died could develop some very mixed up emotions and thinking. They could suffer from PTSD. Better check that out.

 

Tequesta police are investigating the pedestrian collision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.”

Lombardi Law.com

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Injuryboard:Des Monies

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Beggars Night Out and "Hurricane Katrina"

Trick or Treat!

 

Trick or Treat! Memories of childhood….begging for candy at neighbors’ doors and the fun of being out in the dark on a school night. Most of my childhood Halloween trick or treating was spent in a snow suit or at the very least, a coat that covered the costume I had spent months thinking about. I grew up in Buffalo, NY.

 

Things are different now. No longer is it the standard princess or fireman costume. Costumes today reflect our culture of television, movies, and politics instead of the jobs we want to do. For example, the most popular girl costume for 2009 is Hannah Montana, which quite frankly I don’t understand, maybe it is a generational thing. For boys, the most popular costume is Wolverine X-Men, which considering that Hugh Jackman portrayed this character in the movie, I completely understand the attraction with this choice. These costumes were the most popular on the Extreme Halloween website. At the Do It Yourself website, Michael Jackson is the costume of choice. With the opening of the movie, This is It, that should help tremendously to push this costume to the top.

 

Safety tips for a fun and safe Halloween:

 

Children under a certain age should be accompanied by an adult.

 

Costumes and masks should not restrict movement or vision.

 

Costumes should be reflective and a flashlight should be with each group. It would be beneficial for each child to carry a glow stick as well.

 

If your child is old enough to go trick or treating with friends, agree on the route they will be taking and what time they will be home.

 

For this same group, make sure they know that vandalism is not an acceptable trick.

 

Talk to your children about safety; about looking before crossing the street and not getting into cars with strangers.

 

Stress the importance of checking the candy with you when they return home. Make a game of it for young children, have them sort it by type and this will allow you to make sure it is safe to eat.

 

Happy Birthday to my own little treat who was born 23 years ago on Halloween, my daughter, Katrina.

Two Million Dollar Cell Phone Call Costly to Driver

Chicago Woman Pedestrian Struck by Distracted Driver

24-7 Press Release article released October 7, 2009, the settlement for a personal injury case of $2 million. Marla Gray-Moores, who worked at Startbucks in the Loop of Chicago, was walking in the cross-walk at the time of the pedestrian crossing light when struck by the car driven by Kevin Hwang. Hwang was on westbound Randolph turning left onto southbound Clark while talking on his cell phone, and hit Gray-Moores. He said he did not see her until she had already hit the front of his car. Hwang’s ex-girlfriend was in the car and warned him of the woman but testified that he did not listen to her warning.

Gray-Moores was brought to Northwestern Memorial Hospital, and then had “a fusion at L5-S1 performed by Dr. Christopher Bergin at Oak Park Hospital.” She has since moved to Wisconsin.

In court Gray-Moores was “granted leave to seek punitive damages at the time of trial and Mr. Hwang provided pertinent personal financial information for use at trial. Settlement discussions accelerated at that point and Mr. Hwang's $2,000,000 umbrella policy was tendered.”

 Are juries ready to send a message to offenders?

A Texas Sheriff With Common Sense, Refuses to Issue Tasers to his Officers

Tarrant County Sheriff Dee Anderson has done his own testing of Tasers as well as research on cases using Tasers and according to CBS news in Fort Worth, Texas he's not handing them out to his department officers. The use of this weapon has grown in popularity with Texas police departments, but Anderson is more concerned with it causing deaths. He said that when “people have health issues or who have used alcohol or drugs, the electric shock could be deadly.” He feels the negative aspects of a Taser outweigh the positives. Though Anderson will not issue Tasers to his deputies, he noted that he is not against enforcement agencies employing the weapon, saying "I completely respect others who decide to use them. I'm not a crusader against Tasers. I'm not out telling people not to use them. Everyone has to make the decision right for them.”

http://cbs11tv.com/video/?id=47391@ktvt.dayport.com

A recent incident which supports Anderson’s case of not using Tasers, involved a Taser being employed and caused the death of 24 year old Michael Jacobs in April 2009.

See related blog on Taser Debate spurs acceptance or refusal of Tasers.

http://cbs11tv.com/local/Texas.county.sheriff.2.1242481.html

Cheerleading Titles from the Lombardi Law Firm Blog

Cheerleading Blog Title Bibliography

 

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

... Steve Lombardi. Posted by Steve Lombardi August 07, 2009 5:39 PM ... I collect articles of interest and post on the Cheerleading Safety and the Law of Cheerleading ... 101k

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen ...

... guidelies to help prevent cheerleading injuries at: http://www.ethicsoup.com/guidelines- to-help-prevent-cheerleading-injuries.html. Steve Lombardi. Posted by ... 101k Aug.7, 2009

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Posted by Steve LombardiAugust 06, 2009 11:00 AM ... Cheerleading is the leading cause of catastrophic injury in young women in America; that means it's the most ... 101k

Iowa Mixed-Martial Arts Fighter Paralyzed in Fight – Tort Reform ...

... Steve Lombardi. Posted by Steve Lombardi July 01 2009..other sports have just as much risk, cheerleading does as well and that's not a reason to stop ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

... If cheerleading is so safe why have so many cheerleaders died? Email Member. Steve Lombardi. Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi ... 101k May 11, 2009

MIDWEST Tort Reform News Roundup: Without pi law and lawyers you'd ...

... Posted by Steve LombardiMay 07 2009…Chapel Hill-based National Center for Catastrophic Sports Injury Research shows high school cheerleading accounted for 65.1 ... 101k

Child Safety: Wisconsin Supreme Court cheerleading issue to be ...

... Child Safety: Wisconsin Supreme Court cheerleading issue to be decided. ... Posted by Steve LombardiDecember 08, 2008 10:08 AM ... 101k Dec. 8, 2008

Child Safety: Who get's sued when they drop the Cheerleader and ...

... Posted by Steve LombardiDecember 06, 2008 10:13 AM ... In the past few months the issue of Cheerleading dangers has been put to the forefront here at InjuryBoard. ... 101k

 

Child Safety: Wisconsin Appellate Court cheerleading issue ruling. ...

... Child Safety: Wisconsin Appellate Court cheerleading issue ruling. Email Member. Steve Lombardi. Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve ... 101k Dec. 2, 2008

School Safety / Cheerleading: Sport or no sport, it's time for ...

... School Safety / Cheerleading: Sport or no sport, it's time for someone to step up to the plate... ... 101k October 2, 2008

School Safety / Cheerleading: Fitting the uniform...and the image ...

... in talking with me about presenting a course on liability and risk management for cheerleading coaches at ... Posted by Steve Lombardi September 26, 2008 10:58 AM ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

... School Safety / Cheerleading: Acknowledged as competitive, but not recognized as a sport. ... Granted, it’s not a sport, but neither is cheerleading, right? ... 101k September 25, 2008

School Safety / Cheerleading: AACCA pumps it up | InjuryBoard Des ...

... School Safety / Cheerleading: AACCA pumps it up. ... of all participants. In the world of cheerleading, the AACCA is boss. The non-profit ... 101k September 23, 2008

School Safety / Cheerleading: Dropping like flies | InjuryBoard ...

... Posted by Steve Lombardi September 23, 2008 2:52 PM Well Mr. Lord why aren't the catastrophic injury cases reported? ... Is cheerleading a sport? ... 101k

School Safety / Cheerleading: It was safer when we just sat pretty ...

... School Safety / Cheerleading: It was safer when we just sat pretty... ... Cheerleading is rugged - and I’m willing to testify. Though ... 101k September 21, 2008

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

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

So what is a personal injury lawyer?

 

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

 

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

 

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

 

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

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

Do you like doing this kind of work?

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

How do you handle these cases?

 

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

 

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

 

Here is our series so far:

 

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

 

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

 

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

 

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

Iowa Farm Safety in Grain Bins, Avoiding Suffocation

On September 23rd, 2009 Paul Nurre of Strawberry Point was found in a grain bin full of corn in Aurora. Mr. Nurre was reported missing Wednesday afternoon after which firefighters and employees spent several hours removing corn from the bin to recover his body. Mr. Nurre had worked for the company for 30 years, with so much experience one has to wonder how could this happen?

But it does happen and far more often than farmers like to admit.

There are approximately 3.1 million men and women who work on America's 2.3 million farms and ranches. According to Accident Facts published in 1990 by the National Safety Council, farm accidents and other work-related health problems claim as many as 1300 lives and cause 120,000 injuries a year, most of which are preventable. U.S. Dept. of Labor, Farm Safety

Did you know that grain suffocation is more than just the grain acting like quick-sand? Here take a look at this safety tip from the Dept. of Labor.

• Take the necessary precautions to prevent entrapment and suffocation caused by unstable surfaces of grain storage bins, silos or hoppers
• Be aware that methane gas, carbon dioxide, ammonia and hydrogen sulfide can be present in unventilated grain silos and manure pits in quantities sufficient to cause asphyxiation or explosion.

For additional information about farm auger conveyors and safety follow the link.

Road Rage Starts Before You Put the Car in Gear

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

 

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

 

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

 

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

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

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

Oct 19, 2009 ... Trying to compensate for my balance issues has caused my knees to ... It's being alleged that Mr. Reddick was steering with his knees while ...
www.lombardilaw.com/.../distracted-driving-did-a-dui-by-video-really-kill-two-people.cfm -

 

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

 

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

Oxford, Iowa I-80 Road Construction Crew Semi-Truck Collision

We don’t have much information this morning but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa.  The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

Brain Injuries Can Cause An Otherwise Normal Person to Commit Crimes

How many people have TBI?

TBIs contribute to a substantial number of deaths and cases of permanent disability annually.

Of the 1.4 million who sustain a TBI each year in the United States:

• 50,000 die;
• 235,000 are hospitalized; and
• 1.1 million are treated and released from an emergency department.¹

Among children ages 0 to 14 years, TBI results in an estimated:

• 2,685 deaths;
• 37,000 hospitalizations; and
• 435,000 emergency department visits annually.¹

The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

For more information about TBI in the United States, including the groups at highest risk, CDC’s surveillance activities, and the numbers of TBI cases in each state, see Overview.

On September 23, 2009, Bruce Mundy, riding a motorcycle was allegedly struck by Santos Vidal Rodriguez, age 26 who is reported to have been driving an SUV, according to the Des Moines Register. Santos Rodriguez and his brother Orlando David Rodriguez, age 23 left the Casey’s on Park Ave. allegedly without paying for $27 worth of gas. Both brothers are charged with second-degree robbery as well as vehicular homicide. Their Class C felony could result in up to 10 years in prison. If drugs or alcohol are found in the drug tests, which are still being run they could have up to 25 years in prison. It is being speculated whether Santos Rodriguez will be charged with an alleged role in the 1999 shootout in Des Moines (mentioned in the previous blog). Stay tuned for updates.

If this is true how does anyone make sense out of $27 worth of gas being worth the risk and all the damage it can cause? All I can say to those stealing gas, get a job. And don't tell me you can't find one. Make one by creating a business, mowing lawns, plowing snow, cleaning houses or offices; just work. The driver of the motorcycle has a HUGE civil lawsuit against the driver and probably the passenger who is alleged to be an accomplice in a criminal act that led to an accident and death of another person. I wonder if the driver was married and had dependent children.

Now all of that said there is a component to this case that will surely be explored in the criminal case: The driver's previous traumatic brain injury and whether it's caused a change in personality involving a lack of inhibition. That lack of inhibition is what can cause seemingly law abiding people to behave in ways contrary to the criminal laws. After a brain injury a person can have two types of changes: personality changes and a lower cognitive functioning. If someone you know suffers a head injury and then exhibits irrational behavior they may need evaluation and treatment.

Did this driver suffer a brain injury and a change in behavior? That's the question the defense team will have to explore.