Rear warning devices are a necessary piece of safety equipment and if the audible part of the backing up warning isn’t working then the truck shouldn’t leave the yard. In that case we had several violations of the OSHA rules and the industry standards. Not only didn’t the device work but the driver couldn’t see to the rear and rather than get a spotter or stop, look and listen he just went ahead and backed up at a high rate of speed. He was moving semi-trailers in a yard with a type of small truck cab made especially for that type of work. I can’t recall the name of the truck, but I’ll check later and update this writing.


For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




Blog Category:
9/20/2010
Steve Lombardi
Comments (0)

Backing up, Semi-Truck Accidents are more common than you’d think.

Like everyone else I'm reading the Des Moines Register story about the UPS worker who while making a delivery at Des Moines' International Airport was run over and killed. The worker is Daniel Raber who they describe as opening a gate to make a delivery when he was run over by the rear duals. The news report is difficult to comprehend and appears to say another driver was involved or a second truck was involved; it's just difficult to decipher from the way the article is written.  Like you I'll have to await the follow-up reporting or the OSHA investigative reporting. Right now it's as clear as Delhi Lake.

Even without all the facts what's the likely cause of this death on the job?

I'll assume the truck was backing up and that's what killed this 64-year-old UPS worker. These back-over, backing up crush type accidents are certainly preventable, but do happen more than you'd think. I see them more often on construction sites because of the different trades working on the site and in conjunction with a busy environment. But a delivery usually involves a pedestrian that the driver doesn't even know is there. That scenario occurred a few years ago in downtown Des Moines when a garbage truck backed over a lady who was on the sidewalk. The last backing up accident I wrote about was on a highway construction site in Illinois on September 18, 2009. A woman wrote to me in December of that year telling me how close a garbage truck came to hitting her as she sat in her car and then of course there was the nice lady we represented from Osceola that was run over by a trailer at Osceola Foods in Clarke County. I'm happy to report she lived another day to tell about it.

Rear warning devices are a necessary piece of safety equipment and if the audible part of the backing up warning isn't working then the truck shouldn't leave the yard. In that case we had several violations of the OSHA rules and the industry standards. Not only didn't the device work but the driver couldn't see to the rear and rather than get a spotter or stop, look and listen he just went ahead and backed up at a high rate of speed. He was moving semi-trailers in a yard with a type of small truck cab made especially for that type of work. I can't recall the name of the truck, but I'll check later and update this writing.

Bottom line in this case is that OSHA and IOSH will investigate and my guess is they will center on rear backup warning devices, what the driver could or could not see and whether a spotter was required in finding a safe or unsafe workplace.


You can know more by reading about these accident cases.

Truck Accident Prevention: Garbage truck backing over woman may be ... Nov 17, 2008 ... If the driver is intending to back up and can't see behind they simply need to .... Labels: 29 CFR 1926.601, audible, backing up, device, ...
www.lombardilaw.com/.../truck-accident-prevention-garbage-truck-backing-over-woman-may-be-an-accident-but-it-is-preventa.cfm - Cached - Similar - 3 visits - 12/21/09

Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny ... www.lombardilaw.com/blog/ - Cached - Similar

Illinois Highway Construction Worker Backed Over | Lombardi Law Firm Sep 18, 2009 ... He was run over by a dump truck backing up. The dump truck driver is 75 years old. This is a situation I've blogged on several times on The ...
www.lombardilaw.com/.../illinois-highway-construction-worker-backed-over.cfm - Cached

Intentional acts that cause injury are not covered by casualty ... Apr 12, 2010 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ...
www.lombardilaw.com/.../intentional-acts-that-cause-injury-are-not-covered-by-casualty-insurance.cfm - Cached

Another reason why kids shouldn't play in the street. | Lombardi ... Mar 1, 2010 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ...
www.lombardilaw.com/.../another-reason-why-kids-shouldnt-play-in-the-street.cfm - Cached

Pedestrian is killed and driver of Hummer is not charged.Why ... Jun 3, 2010 ... Hummer owners can purchase back-up alarms and monitors for the H3. The official Hummer site describes the design as a truck. ...
www.lombardilaw.com/.../pedestrian-is-killed-and-driver-of-hummer-is-not-chargedwhy.cfm - Cached

Construction Accidents - Backing up and rear warning devices ... Nov 17, 2008 ... At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation ...
www.lombardilaw.com/.../construction-accidents-backing-up-and-rear-warning-devices.cfm - Cached

Did texting while driving kill this Iowa teen? | Lombardi Law Firm Jul 15, 2010 ... It's not clear whether the truck was backing up at the time of the ... Her car then burst into flames, came back onto I-380 and burned up. ...
www.lombardilaw.com/.../did-texting-while-driving-kill-this-iowa-teen.cfm - Cached

Pedestrian Collisions Causing Injury and Death | Lombardi Law Firm  - Feb 22, 2009 ... Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck ...



Category: Car and Tractor Trailer Accidents



After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer.  Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois.  Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney




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