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Pedestrian Collisions Causing Injury and Death

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Pedestrian Collisions Causing Injury and Death

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

How can a pedestrian avoid being hit by oncoming traffic?

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The Lombardi Law Firm Blog

Pedestrian Collisions Causing Injury and Death

6/4/2009
Nick Lombardi
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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 2009Three 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.



6/2/2009
Nick Lombardi
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Pedestrian Safety: More news concerning pedestrian injuries and deaths

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

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

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

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

The result?  The I-80 accident rate fell.

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

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

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

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

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

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

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



Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


6/1/2009
Nick Lombardi
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Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Once again today we continue with the pedestrian-car-truck-bus-train collision news items. As I previously stated, there are so many of them just since the first of the year. Today we’ll look at one additional news item that adds to our investigation into what themes or reasons (causes) as to why pedestrians get struck so much.  By analyzing how pedestrians get into accidents with motor vehicles maybe we can avoid finding ourselves in this situation.

Burlington City, New Jersey – January 2009 – Highway Route 130 in Jersey proves one thing is nothing else; building interstate highways through congested areas without pedestrian bridges are a recipe for disaster. There are so many people being killed that the Tri-State Transportation Campaign named the entire stretch of Route 130 through Burlington County and Atlantic County’s White Horse Pike as the two most dangerous roads in New Jersey for pedestrians. In January a 26-year-old man was struck and killed while attempting to cross it. On December 9th a 4-year-old boy was struck and killed trying to cross at the intersection. On Sunday of last, a 55-year-old woman was struck and killed while attempting to cross this highway. All told, last year alone 12 pedestrians and four bicyclists were killed in the county. Not really bragging rights I’d say.

Pedestrian Safety – Recent news stories about how dangerous situation confront pedestrians

St. James, Missouri, April 2009 – This story is brought to us by The Rolla Daily News. Although I hate to sound trite, this is another pedestrian crossing the street collision with an oncoming car or truck where for whatever reason the driver doesn’t see the pedestrian, strikes and kills him. The driver this time is 21-years-old and the pedestrian is 29-years of age.

According the newspaper,

Scheider approached Interstate 44 from the south, was successful in crossing the eastbound lane but was struck in the westbound lane by Drew, who was westbound near Hutcheson Ford.

According to the report filed Cpl. Doug Melton of the Highway Patrol, and statements taken from Drew, Scheider appeared out of the median ditch and headed into the westbound traffic.

“The driver made the call immediately to 911 and said he hit a guy,” Melton said. “The guy came out of the ditch in-between I-44 and was trying to cross the interstate.”

The accident occurred just before 8:53 p.m. Friday, which is when the MSHP received the call.

On Monday, Crain warned pedestrians about dangers around interstates.

“The interstates are very dangerous. With vehicles traveling 70 mph, they’re upon you very quickly,” Crain said. “And at night, with headlights in your eyes, as this accident was, your depth perception is not as good. It’s very difficult to judge the speed of the car.”

Crain warned all pedestrians, and motorists who become pedestrians, to be careful on the roadways.

That’s good advice about how difficult it is to accurately determine the speed of oncoming traffic. Pedestrian safety is about being overly cautious and not running before you are sure of distances and speed of oncoming cars and truck.

Tomorrow we will pick this theme back up and have another example of pedestrian-car collisions.


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


6/1/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - Update on death of infant child pedestrian

More details were given in the Iowa State Trooper report of this accident. Apparently the mother was at the mailbox on the opposite side of the street from where the child came and from their home. The driver looking out towards the passenger side, on the side where the mother stood, did not notice the small child fall at the rear wheels on the driver’s side. The child approached unnoticed by the driver or the mother. The truck was a 2001 Dodge Ram 1500 pickup truck. The date was May 26, 2009 at 1:30 pm. The location is at east side of the residence at 1207 20TH AVE S in Webster County, Iowa. The child was a 2-year-old female. The driver was administered a blood alcohol test, no results were mentioned in the report. Assuming the BAC comes back clean charges are not likely to be filed and this would seem to be purely an accident. 

This story was covered by the following news organizations.

KCCI, Fort Dodge Toddler Dies In Accident - Des Moines News Story - KCCI ...

KTIV, Fort Dodge girl dies in accident - KTIV NewsChannel 4 Sioux City ...

WHO-TV, 2-year-old Fort Dodge girl dies after she is run over by truck - WHO


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


5/31/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

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

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

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

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

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

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

Fort Lauderdale, Florida – January 2009 – From Chalik & Chalik along with the Sun Sentinel we bring you this January 22, 2009 report of pedestrian mayhem in the sunny state of Minnie and Mickey. In this blog report, be discerning about what you read because some appears not to be accurate; the report mentions a different way a pedestrian was injured. It seems that a woman and her boyfriend were driving on or somewhere near Interstate Highway 595 while having an argument.  The boyfriend, apparently had had enough, got really mad and kicked her out of the car. She was probably just as angry, not thinking with a clear head and mad at the world allowed her emotions to take over paying attention to what was going on around her. A detective driving along on the highway must have struck her with his cruiser. She survived. Okay if you’re angry with a passenger it’s probably better to stop for gas, ask them to go into the convenience store for gum and then while they are inside drive away, leaving them safe and not so happy at the soda machine. Of course turn off your cell phone and call their mother telling them their location, so they can be picked up.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/29/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Taylor County, West Virginia, March 2009 – A 22-year-old young man was struck and killed while walking in the same direction as a car being driven by a 50-year-old man along Pup Run Road heading towards Route 250. This accident probably could have been avoided if the pedestrian had been walking against traffic; so he could watch oncoming cars. Not to excuse the driver, but pedestrians need to protect themselves against all of the dumb and lame things drivers do that distract them from the task of safely driving.

Hemet, California, February 2009 – A 64-year-old pedestrian man was struck and killed in Riverside County, California as he attempted to cross West Florida Street around 4:30 p.m. Rescue workers had to lift the Ford Taurus off of the pedestrian; the pedestrian ended up under the car. This report comes to us from Estey and Bomberger Law Firm.

Rochester, New Yuck, May 2009 – In this case an 11-year-old child was allowed to play near a busy street intersection. When she ran out into the street in the path of an oncoming vehicle she was struck and injured. For whatever reason relatives of the child came running onto the scene allegedly in a hostile manner confronting the driver. I wonder where the relatives were when the child was playing near this intersection. Police arrived and calmed things down. The child was taken to an area hospital apparently alright. Parents, supervisors, babysitters and even relatives need to be more concerned with where children play. Getting mad at the driver isn’t the answer.

Tomorrow we will continue with pedestrian safety.


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


5/28/2009
Nick Lombardi
Comments (0)

The Youngest Pedestrians Require The Most Vigilance from Drivers

I've been posting on this web blog about pedestrian safety. An alert came across my computer screen last Wednesday that is incredibly sad and for that reason I’m going to not mention any names of those involved.

No matter how sad this accident may be, it's still worth reporting on for the sake of avoiding other similar infant pedestrian deaths.

In my 28 year career as a personal injury lawyer I’ve done many death cases, but only two similar to this one. The one case I can't seem to forget occurred when I was first out of law school in the 1980’s . In that case a farm family had scheduled the local coop to spread anhydrous on a certain day. On the scheduled day the young man from the coop drove into the driveway stopping momentarily to speak with the young farm wife about which field he should start. It was a cool spring morning, sunny and damp. The mother had been watching her four-year-old daughter play on the swing set in the center grassy area inside the large circle drive that was to the side of this large and lovely Iowa farm. Standing on the driver’s side she spoke briefly to the driver. Without giving the mother enough time to locate the child the driver immediately began driving forward. The mother didn't feel right about how he'd started moving without her first seeing her daughter.

This spreader had those three-foot wide tall rubber tires; three of them to be exact. As this large truck cleared the mother she looked frantically for her child, but all she saw was the empty childless swing seat moving like a pendulum in the cool spring breeze. She paused momentarily not wanting to look but her motherly instincts took over forcing her to look furtively first right and then left. There where the huge truck tire had been was the lifeless child's body lying in the driveway. The three or four-year-old child had been run over by the tire of this agricultural implement.

Still today I’m terribly bothered by that case.  As a young lawyer with small children at home I was emotionally shaken and didn’t relish the idea of even having the case let alone taking any depositions. Certainly the driver, who had fallen apart after he discovered what he had done, would be in certain anguish and make for a terribly difficult deposition. I was afraid I myself would begin to cry. I didn’t want to ask him any questions in front of the mother or to create a transcript that she might later, years later, read. I didn’t want to do any of the discovery and especially didn’t want to attend her deposition. At the time it was difficult for me to understand how I'd get through this case; but in the end it was the mother that got me through her deposition and in the process made me a better lawyer.

She was a young woman, and if I still remember it correctly she had one other young child. This child was a daughter. I do recall that, because at the time of the mishap she was wearing a light colored vinyl hooded wind breaker. The mother was a very pretty woman who'd been raised on a farm and after high school gone on to college. After college she’d come back to the rural county to marry and farm where they could raise their children safe from harm. As she herself had grown up, her parents had sent her to a finishing school where she had learned proper etiquette and poise. I remember distinctly how she sat in the deposition. With hands folded in her lap, her knees firmly together, spine erect and with a face that neither gave away anger or motive, she sat motionless. She was polite, answered questions directly and without any anger, no matter how senseless the defense lawyer acted. As he asked insensitive questions in rapid fire she paused as if measuring his insensitivity like she had learned in finishing school. She remained stoic right up until she described those terrible moments that followed the deadly events.

Looking back on it later that year I believed she was more concerned about us men in the room and carried herself with the greatest restraint of anyone finding themselves in that situation. I will never forget her; not in my entire life time. We did settle her case and I never heard from her again. But her memory still speaks to me guiding me through tough emotional depositions when a child is the person that tragically died. She is still a guiding force for emotional stability.

So this weekend when I read about a young man in a pickup truck stopping to talk with a mother of a two-year-old child at her mailbox and while driving away the woman’s child was run over and killed; it reminded me again of the 1980’s farm wife with the will to continue to move beyond her personal tragedy for the good of her family and the life the continued to enjoy. Like this mother everyone involved has to be grieving terribly. Second guessing yourselves won’t help you; it is best to simply move beyond this tragic event and be glad for what you still have.

Our readers should not simply ignore the lessons to be learned. When driving and you know there is or may be children near the car, truck, motorcycle, semi truck, tractor, combine or any other piece of farm equipment that moves, know where that child is before you put it in gear to go. Ask the pedestrian adult to assist with locating and maintaining control over the child. Put the car in park. Get out if you have to and look to find the child. If unattended by and adult ask the child to move where you can keep eye contact with them. Warn them to stay put; if they move you stop. It's that simple.

Tonight there is a mother grieving for her child. Tonight there is a driver second guessing himself for the six thousandth time. Our hearts go out for both of you.

This story was covered by the following news organizations.

KCCI, Fort Dodge Toddler Dies In Accident - Des Moines News Story - KCCI ...

KTIV, Fort Dodge girl dies in accident - KTIV NewsChannel 4 Sioux City ...

WHO-TV, 2-year-old Fort Dodge girl dies after she is run over by truck - WHO


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


5/27/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three additional news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Salt Lake City, Utah, March 2009 – Back to Salt Lake where we have a 53-year-old man steps out from behind a parked truck, when an oncoming driver looks away, swerves and strikes the man causing his death.  Police point to speed of the car and inattention of the driver are partially to blame. In this case it seems we have a little fault all the way around. Notice the pedestrian and driver never made eye contact where there is that moment of recognition that each knows of the other’s presence. If the pedestrian doesn’t have the driver’s attention or acknowledgement that he knows the pedestrian is there, then the pedestrian shouldn’t assume the driver sees him.

Willis, Texas – Walking on the interstate highway is never a good idea. In this instance a pedestrian walking on an Interstate Highway 45 was struck and killed around 12:30 Sunday morning. This section of the interstate was described as a desolate stretch of the freeway.

Lakeland, Florida, March 7, 2009 – An unidentified man, not carrying his wallet, was struck and killed by a 2000 Mitsubishi car, while trying to cross the street in Lakeland, Florida. The accident occurred around 7:10 p.m. The car was driving south so the sun wouldn’t likely be a factor. A Mitsubishi is a low car, at least some models and it makes driving them difficult. Speed could be a factor as well as the pedestrian running quickly from a side angle.

 


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/22/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three news items that each provides a theme or reason (cause) as to why pedestrians get struck so much.

Toronto, Canada, April 2009 – In this car-pedestrian collision we see that the safety dance between pedestrians and cars is a two-way tango. This pedestrian walked into the cross walk when she was supposed to, but her attention directed to talking on a cell phone rather than looking to see if the crosswalk was clear, allowed her to walk right out in front of a car and be killed.  The driver remains at fault but pedestrians have an obligation to avoid walking out in front of vehicles. Be safe, not sorry.

Los Angeles, California, April 2009 – According to this blog two pedestrian elderly women were killed after two cars collided and one losing control was knocked into them.

Joplin, Missouri, March 2009 – A 74-year-old woman was struck and killed as she stepped into the path of a pickup truck being driven by a 21-year-old. Another example of pedestrian’s not paying enough attention to their surroundings.

Westway, Texas, March 2009 – In this case a pickup truck driver struck a pedestrian walking along the side of the road. After striking the pedestrian witnesses reported the truck stopped, backed up, and then drove away. Witnesses gave chase and stopped the ma. Of course a hit-n-run is always an indication of something else going on. In this case police arrested the man for driving while intoxicated. Seeing and avoiding pedestrians is made so much harder when you’re highly intoxicated.

Come back tomorrow for more on pedestrian collisions.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/21/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell its spring. Today we’ll look at three news items that each provide a theme or reason (cause) as to why pedestrians get struck so much.

Salt Lake City, Utah, April 2009 - In this instance a motorist was charged with striking a pedestrian who was walking her dog in a crosswalk. She was propelled 50 feet from the initial point of impact. The driver was charged with driving while under the influence (a 3rd degree felony in Utah), leaving the scene of the accident, failing to yield the right of way of a pedestrian in a crosswalk and not having insurance.

Vacaville, California, April 2009 – This day was not the day for a transient pedestrian who was seriously injured while attempting to cross outside a crosswalk. After being struck by a car driving 35-mph his body remained lodged under the pickup truck and firefighters were summoned to get him free. Clothing may have been a factor in this instance. The accident happened just after midnight. Being after dark, darker clothing doesn’t help a pedestrian stand out.  This report comes to us from the law firm of Estey and Bomberger.

Joliet, Illinois, April 2009 -  In this case Levin & Peconti report on a 19-year-old woman who was struck and killed after walking along a busy street. Chicago has more than 1,000 pedestrian collisions each and every year.

 


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/20/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: News Roundup Continues

Today we continue with the pedestrian-car-truck-bus-train collision news items that have been sitting around in my box for months on end. There are so many of them just since the first of the year. You can tell it’s spring. Today we’ll look at three news items that each provide a theme or reason (cause) as to why pedestrians get struck so much.

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

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

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

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

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


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/19/2009
Nick Lombardi
Comments (0)

Iowa Pedestrian Injuries and Deaths - News Roundup

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

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

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

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

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

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

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

Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/12/2009
Barbara Lombardi
Comments (0)

Yet another bicyclist and car collide in Des Moines

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

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

Yield, It's Worth the Wait

 

 


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/11/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: Des Moines pedestrian struck by car at Court and Second Avenues.

Another pedestrian was struck by a car and injured in Des Moines. This car-pedestrian collision occurred at the intersection of Second Avenue and Court Avenue at 4:30 p.m. on Monday, May 11, 2009. The driver apparently didn’t see the woman. The woman was struck then hit her head on the street. She was taken to Mercy Medical Center in Des Moines.


Des Moines has been having quite a few pedestrian-car and pedestrian-bus and pedestrian garbage truck accidents of lately. There was no mention of whether cell phones or iPods played any role in distracting either driver or pedestrian.

Pedestrian safety is nothing to ignore.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/5/2009
Nick Lombardi
Comments (0)

Ten year old child killed while crossing busy highway in Mason City, Iowa

A Mason City, Iowa child was killed while crossing Highway 122 between S. Georgia and S. Jersey. A group of children ran across the street in front of the car being driven by Kyle Leedom (18) when one child stopped and the car struck him. The child was taken to Mercy Hospital in Mason City, where he was pronounced dead.  The child is reported to be Darrion Rambo. The accident took place around 9:00 P.M. on a Saturday.


Pedestrian accidents are some of the most frightening things you can see in your adult lifetime.

http://www.youtube.com/watch?v=bncVUWwYZbw

Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


5/5/2009
Nick Lombardi
Comments (0)

Midwest Personal Injury News Roundup, Painting your nails while driving is hazardous

Here is a Midwest news roundup of personal injuries suffered due mainly to circumstances beyond the control of the person suffering the injury. It being tort reform month on the InjuryBoard a person has to ask if the American Tort Reform Association is correct in professing the lawsuits are all to blame. Are they? Or is it something else?

TORT REFORM DIATRIBE: Tiger Joyce, the President of the American Tort Reform Association accuses lawyers of a huge conspiracy to stimulate the economy by litigation. Meanwhile he completely ignores the real problems that everyday working people have and fails to suggest any solutions to the problems created by faulty products or other criminal financial torts. The ATFA ignores the criminal conduct on Wall Street or the intellecutal property legal fighting from the IT community. Why? Why does the ATRA pick only on injured people?

DRIVER POLISHING HER NAILS REAR-ENDS BICYCLIST: An Illinois cyclist was killed when struck from behind and pushed out into traffic by a female driver who was painting her fingernails. Charges may be coming. If so I wonder what color would look good at the trial? Shall I wear my pink pumps? They do look good with that black dress.

DRIVER ERROR: The Union Leader reports on an accident in Weare. An unidentified driver of a car swerved into the lane of a motorcyclist causing an accident and the death of the motorcycle driver.

JOHNNY CARSON SIDEKICK BRAKES NECK BUT NO X-RAYIn L.A. Ed McMahon settled his medical malpractice case against Cedars-Sinai Medical Center and Dr. Neelakantan Anand, an orthopedic surgeon for failure to diagnose what appears to be a broken neck. In the suit he alleged that when he visited the hospital after falling at the Day' Bel Air home at 8:40 p.m. on March 12, 2007, doctors failed to diagnose his neck fracture after the fall and discharged him without taking an X-ray. He’s now settled that suit and is pursuing a premise liability claim against the owner of the home. Robert Day is founder and chairman of TCW Group Inc., a Los Angeles-based investment management firm, and heads the W.M. Keck Foundation.

NUMBEROUS U.S. COMBAT SOLDIERS ARE BEING KILLED BY FAULTY SHOWER ELECTRICAL SYSTEM: U.S. soldiers are reportedly being electrocuted when showering, due to improper grounding. Multiple instances of soldiers being killed by shower electrocutions are reported. Ryan Maseth, a 24-year-old Green Beret, died in his shower January 2.

RUSH HOUR TAXI DRIVER: WGN reports on a pedestrian being struck and killed by a taxi driver who failed to stop. The man was identified as Robert Deighton, of the 5000 block of Foothills Road in Lake Oswego, Ore., according to a spokesman for the Cook County medical examiner's office, though public records showed that he recently lived in the 1400 block of West Berwyn Avenue in Chicago.

PANDEMIC EXAGERATION? CBS News reports that as of May 2, 2009 19 people have died in Mexico from the “pandemic” that is sweeping the country. Fear mongering seems to sell and in this economy the fear stimulus package is in full swing. With a population 103,263,388 in 2005, Mexico is the most populous Spanish-speaking country in the world. I’m wondering if fear should set in when the 20th dies or if we should wait and see if the death rate will climb19 divided by 103,263,388 = what %? There might be a slight overreaction being reported.

IMPROPER PASSING OF SLOW MOVING VEHICLE: In Carroll County, Iowa a driver of a motorcycle was killed as he attempted to pass a car, lost control and eventually struck a fixed guardrail. The Telegraph Herald reports, “The Carroll County Sheriff's Department has identified a Hanover man as the victim of a fatal motorcycle crash Saturday evening.  Slobodan Dejanovic, 46, was killed when he lost control of his eastbound motorcycle and struck a guardrail on the U.S. 52/Route 64 Mississippi River Bridge around 6:20 p.m. Saturday.”


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


4/29/2009
Nick Lombardi
Comments (0)

Pedestrian Safety: Can you get run over by your own car or truck?

Run over by her own truck alcohol is thought to have had contributed in some way.  The incident occurred in Omaha, Nebraska at the HyVee supermarket parking lot at 51st and Center Street around 1:30 A.M. A man saw it occur and telephoned the police. Emergency surgery apparently was not enough to save her.

Have you ever wondered what it’s like to be struck by a car? Pedestrian collisions with cars, trucks or motorcycles are very scary.


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


4/9/2009
Nick Lombardi
Comments (0)

Why does the insurance adjuster want to take my statement?

Adjusting claims isn’t about being fair – it’s about paying less.

Two reasons really and neither is in your best interest.

Insurance adjuster talk to those filing claims for two reasons and only two reasons – and I can prove it.

1.      See if they can get you to say something that gives them a reason to deny your claim.

2.      See if they can get you to say something that allows them to pay you less than the law reasonably requires.

Here let me prove I’m right.

Name one adjuster, who has ever said to someone filing a claim,

Adjuster:How much do you want to settle your claim?"

Claimant:Well, how about a $1,000.00 for the pain and suffering?”

Adjuster:A $1,000.00? No I can’t pay you that much, it wouldn’t be fair. You’re entitled to more than what you’ve asked me to pay you. How about if I pay you more than you asked for, would you accept more?”

Find me a place on one insurance company website that tells those who are injured by their insureds that the value of their time or pain/suffering or quality of life has any value whatsoever.

State FarmYour good neighbor.

AllStateYou’re in good hands. Or We’ll give you something to smile about.

ProgressiveName your price.

Farm Bureau -

Allied / NationwideIs on your side.

Farmers Insurance GroupPlanning is your best protection against the unexpected.

I didn't think so, I rest my case.


Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. 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. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

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 30 years in civil litigation including death and injury cases for workers and their spouses from many types of 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 Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 


3/26/2009
Nick Lombardi
Comments (0)

Iowa bicycle safety: Senate File 117 may still have legs for the tour de Des Moines, RAGBRAI

In today’s news we reported about a child killed while crossing the street. Here is what we reported.

With so much to look for its surprising more pedestrians aren't killed. Pedestrians treat the streets like they were in a movie. Be careful out there. Megan Roth wrote a pretty good article about traffic and how frustrating they can be. I've written about the weather conditions. It seems in this case the downpour is a factor to consider.

Senate File 117, passed the Iowa Senate but isn’t expected to pass the House before this session ends.  Senate File 117 is a law that would offer bicyclists more protection from cars, trucks, motorcycles and buses that use the public streets.

The Des Moines Register has been carrying this story about Senate File 117 and you can follow the links to read the three stories.  One, two and three.

Added Mark Wyatt, executive director of the Iowa Bicycle Coalition: "The bill is not about special rights for bicyclists. Rather, it clarifies that cyclists have the same protection as vehicles in the Iowa Code."

Records show
Sherman had the green light to cross the intersection of 44th Street and Lincoln Avenue at 6 p.m. on March 3, a clear day. "All of a sudden, I see a car in my face," Sherman
said.

The car had tried to make a left turn.
Sherman hit a headlight, took off the driver's side mirror, then flew into a solid object, which he suspects was a telephone pole. He bruised a lung and broke bones in his shoulder, rib cage and spine.

The police report clearly shows the driver was at fault, said Maj. James O'Donnell of the Des Moines Police Department. No ticket was issued, partly because there was no intent by the driver to harm Sherman, he said.

The bill may be assessed below or by following this link.

The gist of the legislative measure: Changes the nature of riding a bike on the public roads to, as some would say an even playing field.

The proposed law would give the bicycle rider equal access to the full use of the lanes of travel, would require passing a bicycle under the same rules as is now in place for passing other motor vehicles, would add bicyclists to the following too closely rules, would allow or require bicyclists to use hand signals to turn, would treat bicyclists like pedestrians when on the sidewalk or a recreational trail and car or truck intends to exit a driveway across the sidewalk; and finally would make bicycles a protected class when opening the door to a parked car.  

Roads were originally constructed for commerce rather than pleasure, in that commerce is what paid the costs and allowed commerce to develop generating more tax revenue for governments.

 

 

  A BILL FOR

 

  1 An Act relating to the operation of bicycles on a street or

  2    highway, providing requirements for motor vehicle operators

  3    encountering other vehicles or bicycles, and providing

  4    penalties.

  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

  6 TLSB 1600SV 83

  7 dea/nh/14

 

PAG LIN

 

 

 

  1  1    Section 1.  NEW SECTION.  321.297A  USE OF TRAFFIC LANES BY

  1  2 BICYCLES.

  1  3    1.  A vehicle shall not be operated in a manner depriving a

  1  4 bicycle operator of the full use of a lane if the lane is of

  1  5 insufficient width for the vehicle and a bicycle to share.

  1  6    2.  A violation of this section is a simple misdemeanor

  1  7 punishable as a scheduled violation under section 805.8A,

  1  8 subsection 6, paragraph "b".

  1  9    Sec. 2.  Section 321.299, Code 2009, is amended to read as

  1 10 follows:

  1 11    321.299  OVERTAKING A VEHICLE OR BICYCLE.

  1 12    The following rules shall govern the overtaking and passing

  1 13 of vehicles proceeding in the same direction, subject to those

  1 14 limitations, exceptions, and special rules hereinafter stated

  1 15 otherwise provided in this chapter:

  1 16    1.  The driver of a vehicle overtaking another vehicle or a

  1 17 bicycle proceeding in the same direction shall pass to the

  1 18 left thereof of the vehicle or bicycle at a safe distance and

  1 19 shall not again drive to the right side of the roadway until

  1 20 safely clear of the overtaken vehicle or bicycle.

  1 21    2.  Except when overtaking and passing on the right is

  1 22 permitted, the driver of an overtaken vehicle shall give way

  1 23 to the right in favor of the overtaking vehicle and shall not

  1 24 increase the speed of the overtaken vehicle until completely

  1 25 passed by the overtaking vehicle.

  1 26    3.  When a vehicle is overtaking and passing another

  1 27 vehicle or a bicycle, the operator of the overtaking vehicle

  1 28 shall maintain a distance of not less than five feet from the

  1 29 other vehicle or bicycle.  This subsection does not apply to a

  1 30 farm tractor or fence=line feeder.

  1 31    Sec. 3.  Section 321.307, Code 2009, is amended to read as

  1 32 follows:

  1 33    321.307  FOLLOWING TOO CLOSELY.

  1 34    The driver of a motor vehicle shall not follow another

  1 35 vehicle or a bicycle more closely than is reasonable and

  2  1 prudent, having due regard for the speed of such vehicles the

  2  2 vehicle or bicycle and the traffic upon and the condition of

  2  3 the highway.

  2  4    Sec. 4.  Section 321.314, Code 2009, is amended to read as

  2  5 follows:

  2  6    321.314  WHEN SIGNAL REQUIRED.

  2  7    No A person shall not turn a vehicle from a direct course

  2  8 upon a highway unless and until such movement can be made with

  2  9 reasonable safety and then only after giving a clearly audible

  2 10 signal by sounding the horn if any pedestrian may be affected

  2 11 by such movement or after giving an appropriate signal in the

  2 12 manner hereinafter provided in this chapter in the event any

  2 13 other vehicle may be affected by such movement.

  2 14    Sec. 5.  Section 321.318, Code 2009, is amended to read as

  2 15 follows:

  2 16    321.318  METHOD OF GIVING HAND AND ARM SIGNALS.

  2 17    1.  All signals herein Signals required under this chapter

  2 18 which may be given by hand and arm shall when so given be

  2 19 given from the left side of the vehicle, and the following

  2 20 manner and interpretation thereof is suggested:

  2 21    1.  a.  Left turn == Hand and arm extended horizontally.

  2 22    2.  b.  Right turn == Hand and arm extended upward.

  2 23    3.  c.  Stop or decrease of speed == Hand and arm extended

  2 24 downward.

  2 25    2.  A person operating a bicycle may signal a right turn

  2 26 with the left hand and arm extended upward or with the right

  2 27 hand and arm extended horizontally.

  2 28    Sec. 6.  Section 321.353, Code 2009, is amended to read as

  2 29 follows:

  2 30    321.353  STOP BEFORE CROSSING SIDEWALK OR RECREATION TRAIL

  2 31 == RIGHT=OF=WAY.

  2 32    1.  The driver of a vehicle emerging from a private

  2 33 roadway, alley, driveway, or building shall stop such the

  2 34 vehicle immediately prior to driving onto the sidewalk area

  2 35 and thereafter the driver shall proceed into the sidewalk area

  3  1 only when the driver can do so without danger to pedestrian or

  3  2 bicycle traffic, and the driver shall yield the right=of=way

  3  3 to any bicycle or vehicular traffic on the street into which

  3  4 the driver's vehicle is entering.

  3  5    2.  Except where a sign posted by state or local

  3  6 authorities requires recreation trail users to yield to cross

  3  7 traffic, the driver of a vehicle emerging from a private

  3  8 roadway, alley, driveway, or building shall stop the vehicle

  3  9 immediately prior to driving onto a recreation trail area and

  3 10 thereafter the driver shall proceed into the recreation trail

  3 11 area only when the driver can do so without danger to

  3 12 pedestrian or bicycle traffic.  The driver shall yield the

  3 13 right=of=way to any bicycle or vehicular traffic on the street

  3 14 into which the driver's vehicle is entering.

  3 15    2.  3.  The driver of a vehicle about to enter or cross a

  3 16 highway from a private road or driveway shall stop such

  3 17 vehicle immediately prior to driving on said the highway and

  3 18 shall yield the right=of=way to all bicycles or vehicles

  3 19 approaching on said the highway.

  3 20    Sec. 7.  NEW SECTION.  321.371A  OPENING DOOR OF PARKED

  3 21 VEHICLE.

  3 22    A person shall not open the door of a vehicle on the side

  3 23 available to moving traffic unless it is reasonably safe to do

  3 24 so and can be done without interfering with the movement of

  3 25 traffic.  A person shall not leave the door of a vehicle open

  3 26 on the side of the vehicle available to moving traffic for a

  3 27 period of time longer than necessary to load or unload

  3 28 passengers or cargo.

  3 29    Sec. 8.  Section 321.482A, unnumbered paragraph 1, Code

  3 30 2009, is amended to read as follows:

  3 31    Notwithstanding section 321.482, a person who is convicted

  3 32 of operating a motor vehicle in violation of section 321.275,

  3 33 subsection 4, section 321.297, 321.297A, 321.298, 321.299,

  3 34 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308,

  3 35 section 321.309, subsection 2, or section 321.311, 321.319,

  4  1 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324,


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.


3/23/2009
Nick Lombardi
Comments (0)

Negligent passing causes head-on crash on Hwy 1 south of Mount Vernon, Iowa

Passing another car requires the driver to exercise judgment about distances, speeds, weather conditions and geographic layout of the road. If you do it wrong you can end up in the ditch, causing an accident or worse yet, killing yourself or someone else.

In this crash, according to the news report, we have Deangleo Pirtle, 21 of Cedar Rapids incorrectly exercising that judgment and causing a head-on collision with an oncoming car. The oncoming car is driven by Anny Mescheryakova, 50 of Corallville, Iowa. In the Pirtle car you have Nathan Gourley, 22 who also ended up in the hospital.

We don’t have all the details so at least at this point we can’t judge Pirtle’s action and why the car he drove came across the center line, but let’s assume for the sake of this discussion about negligence that he was passing a car in front of his. The law requires you to pass only when you can do so safely, so you have to exercise due care. Due care is a broadly defined term that requires the driver to assess the situation including all reasonable risks and to pass when the situation allows you to do so without risk of a collision. So, if you look ahead and there is a hill that blocks your view of what is beyond the hill, then according to the laws of negligence you shouldn’t pass.

If before passing it appears that with the speed limit and the distance between you and an oncoming vehicle there won’t be enough time to pass without hitting the other car head-on or someone ending up in the ditch, then you can’t pass. 

Negligence is about fault; failing to do something you’re supposed to do. The big one in this case and probably where everyone will begin their analysis is with Pirtle being over the center line. Why is he there? From there the case of negligence will become clear pretty quickly after the answers begin to show how judgment was exercised.

And in this instance more than likely Anny Mescheryakova and Pirtle’s passenger Nathan Gourley will be filing claims under the Pirtle auto insurance policy.


Welcome to the Lombardi Law Firm website. We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or 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 and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures 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.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and 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. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.



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