There is a certain tension between car drivers and bike riders over who controls the road. Some drivers of cars don't like bike riders. Some cyclists have had problems with car and truck drivers forcing them off the roadway. It's a tension that is a waste of energy because in a crash the bike or motorcycle rider has little chance against 2,000+ pounds of metal. Give them room because when a car's driver runs one over the prosecutor will look at every angle to charge you. Remember they prosecutor is a politician, meaning they want to be viewed by the voters as tough on crime. And that can't be good for you.


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:

ATV, Bike & Motorcycle Accidents

8/6/2010
Steve Lombardi
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Do cars have to share the road with bicyclists?

Child Bicyclist Killed in Harrison County Pickup Truck Crash

It's been a busy week with finally obtaining an OSHA investigation file; I've been waiting for nearly two-years for it. The file is 10" high so there's a lot of paper to wade through. We'll have some help later today with our experts and hopefully there is an answer to this worker's death by electrocution. Today I want to run through several Iowa State Patrol reports involving the death of a pedestrian, a 4-wheeler and a bicyclist.

From the Iowa State Patrol and the KCCI story a pickup truck driver attempted to avoid striking a 12-year-old bicyclist attempting to cross the street but she was struck and later died at hospital in Missouri Valley. Missouri Valley is in western Iowa.

In another fatal accident in Winterset, Iowa a four-wheeler driver, 59-year-old Kenneth Sinnwell was killed in some sort of an accident in the 2200 block of Terrace Avenue in rural Winterset. No specific details were given by the Madison County Sheriff's Office.

Then last Sunday, July 19th, a cyclist was on Des Moines' East Side was struck by a car in the 1300 block of East Euclid Avenue. He suffered severe leg injuries. This was the Register's initial report. A second update on July 20, 2010 states the driver of the car was not to blame for the ‘accident'. The driver was cited for not having proof of insurance but otherwise the police didn't ticket him. What the article says is that the bicyclist, Michael Olson was warned by a friend to stay put, to not go into the street, but he did anyway; assuming to beat the car and was hit. Mr. Olson is no kid, he's 39-years-old. His friend is Daniel Stich, the witness who did stay put on the sidewalk or at least off the road and was not hit. For whatever reason this story appears again on July 21st under the title "Driver not blamed as cyclist hit, police say". With the witness' statements about fault this one is an uphill battle for any claim against the driver, but not impossible. You might wonder why I would say that; it has to do with what the guy on the bike that got hit would say. Remember there are no statements from Mr. Olson or the driver of the car; only the one witness. Are there other witnesses?

What else might we want to know?

What is the speed limit in that block?

How fast was the car going? Remember the guy on the bike has the right to assume the car driver is going the speed limit. If not the time he has to get across the street are shortened and that's the fault of the car driver.

Had the car driver been drinking alcohol or is there some distraction in the driver's seat?

Was the bicyclist clearly visible giving the car driver the last clear chance to stop?

What evasive action, if any, did the driver make, to avoid the collision?

And the Kim Clayton bike accident in Dallas County (Adel, Iowa) that took his life is back in the news. Remember he's the one whose bike struck the side of an SUV at an intersection of the Raccoon river Valley Trail and a road. The police officer blamed him for the crash. The news article says they are considering what if anything needs to be done. Probably nothing except remind cyclists they too have to obey road traffic signs. The reporter quotes Rich Voelker, a trail engineer with Snyder & Associates. I had no idea there was such a person; a trail engineer? See Should Trail Safety Be Improved After Fatal Crash? KCCI Video also titled Fatal Crash Raises Questions About.

There is a certain tension between car drivers and bike riders over who controls the road. Some drivers of cars don't like bike riders. Some cyclists have had problems with car and truck drivers forcing them off the roadway. It's a tension that is a waste of energy because in a crash the bike or motorcycle rider has little chance against 2,000+ pounds of metal. Give them room because when a car's driver runs one over the prosecutor will look at every angle to charge you. Remember they prosecutor is a politician, meaning they want to be viewed by the voters as tough on crime. And that can't be good for you.





Have you been involved in a motorcycle accident or wreck?  Do you need a lawyer to assist you? Welcome to the Lombardi Law Firm website. Lombardi Law Firm has litigated in the area of motorcycle accidents since 1981.

We try to make our website an interesting source of information for all people who may have suffered an injury or been killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe or if injured or killed to assist with your legal claim for civil damages. Call us if you have legal questions or if you have safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety questions that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law. Join us in keeping the construction site safe.

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 28 years in civil litigation including death and injury cases for workers and their spouses from construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the  the Iowa Edict  and on occasion on the Des Moines Register web site.

Know your rights, act proactively and protect yourself.

 Steve Lombardi, Attorney




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Is there anything I can do to settle my health problems after an accident? Hit by car on bike, no treatment, and no police. Now shoulder hurts any recourse? This is not a hit and run, he paid for the damage to my bike, and I agreed he could do it out of pocket because it was less than his deductible and I thought I was fine. That night he gave me a ride home and did admit he did not look my way. He also loaned me a wheel for my bike which I did not use. He paid me with a check for the damage. I have pictures of my bike and his truck (license plate yes but a bit fuzzy) from the night. I have his name, address, phone number, and place of employment, and receipts from my bike repair. I will feel bad about renegotiating our agreement but my health is at stake. Is there anything I can do?

How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

How do I file a claim after being in an accident? My husband was a cyclist and was hit by a car. How do I start a claim against the person who hit him?

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