The Lombardi Law Firm Blog

Train collision near Durant, Iowa

Teen Pedestrian Hit on Blairs Ferry Road

What really is compression asphyxia?

Des Moines Officer Struck by Truck at Iowa State Fair

Failing to Yield and Car Accidents in Iowa

Pedestrian-DART Personal Injury

Iowa Personal Injury News for February 22, 2011. Pedestrian, collisions and house fires

Pedestrian is killed and driver of Hummer is not charged.Why?

Intentional acts that cause injury are not covered by casualty insurance

Another reason why kids shouldn't play in the street.

Pedestrian Safety - Watching for the unexpected

Pedestrian Safety: During the shopping crush!

Metro Bus Drivers Are, Like Pedestrians, Just Working Stiffs

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was hit by another Metrobus driving in the same direction; a bus which came up along the side. The D.C police said she was at the Mount Olivet Road stop between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.” They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

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

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

Florida Elementary School Bus Hit and Killed a Pedestrian

Florida School Bus Hit and Killed a Pedestrian

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

Tequesta police are investigating the pedestrian collision.

Pedestrian Safety: Can you get run over by a bus?

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was struck by a second Metrobus. This second bus was driving in the same direction and came up along the side of the first bus. The D.C police said she was at the Mount Olivet Road stop, between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

Pedestrian Safety: Stop, look and listen before you walk across traffic.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on a paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.”

They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

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Injuryboard:Des Monies

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Beggars Night Out and "Hurricane Katrina"

Trick or Treat!

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

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

Safety tips for a fun and safe Halloween:

 

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

 

Costumes and masks should not restrict movement or vision.

 

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

 

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

 

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

 

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

 

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

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

Road Rage Starts Before You Put the Car in Gear

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

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

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

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

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

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

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

If you drive into a pedestrian you have a lot of explaining to do.

On September 19^th 2009 Lucie Sabimana veered out of control hitting several parked cars, one of which hit and injured two pedestrians, before hitting the Goodwill Industries building in Cedar Rapids. While no charges have been filed and the injuries appear to be minor, we have to wonder what caused Miss Sabimana to lose so much control of her vehicle that so much damage happened? The accident remains under investigation.

What caused this vehicle to veer out of control? What was her distraction?

Today we're on the Blues Train with harmonica players. I've reported on two train-car collisions and thought it appropriate even for this wreck.

Recongnition of Driving to Distraction

In Washington a government meeting was held September 30, 2009 to discuss the growing issue from the last year of distracted driving specifically related to the use of electronic devices, according the a report by Ken Thomas, from Breaking News 24/7. In the two day meeting that was called the “distracted driving summit”, Transportation Secretary Ray LaHood was a major expert in the discussions. “LaHood said the administration would “work with Congress” to develop ways of curbing distracted driving. The meeting would solicit ideas to address the problem “similar to what went on with seat belts and (blood-alcohol limits of) 0.08 where you really educate the public, where you tell people that they have to take personal responsibility for these things.””

Here are some key statistics behind the issue:

-Driver distraction connected to almost 6,000 killed and 500,000 injured last year

-Driver distraction was involved in 16 percent of all fatal crashes in 2008

-Age 20 and younger is the largest fraction of distracted drivers

-16% of under-20 drivers involved in fatal crashes were reported to be driving distracted

-Drivers of heavy trucks when texting increase their risk of collision 23 times, according to Virginia Tech Transportation Institute

-Car and Driver magazine reported texting and driving to be more dangerous than drunken driving

-Text messaging has increased per month as seen in a study by CTIA-The Wireless Association (a cellular phone trade group), which reported 10 billion text messages in December 2005 to 110 billion in December 2008

-18 states and the District of Columbia have made texting illegal while driving (from Insurance Institute for Highway Safety)

-7 states and the District of Columbia have made talking on a handheld cell phone illegal while driving as well (from Insurance Institute for Highway Safety). To see a chart on which states have banned which electronic device usage, see: http://www.iihs.org/laws/cellphonelaws.aspx

Another speaker at these meetings was Senator Charles Schumer, Democrat from N.Y., who along with other Democrats at the meeting, “introduced legislation in July that would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding.” It was said that the Obama administration has not indicated their position on this proposal.

These discussions focused on how to go about working with Congress, and set the right motions in place to change the behavior of drivers to eliminate the root of the problem: distraction. LaHood said “We need a combination of strong laws, tough enforcement and ongoing public education to make a difference” and stop this driver distraction which he calls a “menace to society”.

When you're riding your bike to work, be prepared for the unexpected.

In an article in Here New Brunswick Urban Voice, called “Overcoming the fear of cycling”, Andrea Laltoo discusses being a bicycling commuter and the dangers often linked to habitual biking on the road with motor vehicles. Laltoo brings up the most asked question, "But isn't it dangerous?" which she answers “yes” but not for the obvious reasons most people assume. An obvious fact that bicyclists are not as protected as motor vehicles by seatbelts, airbags, and metal frame coverings, does cause bicycling to have a higher danger factor. Laltoo also considers:

“Cycling can even result in death (then again, so can eating a sandwich, if you choke). But is cycling along with traffic really as dangerous as our imaginations tell us "..." or is the fear of cycling an irrational phobia of stepping outside of our comfort zones?”

Laltoo then mentions another bicyclist advocate, Ken Kifer who has a website devoted to facts and details of bicyclist safety and lifestyles, as well as tips on bike safety in traffic, (see http://www.kenkifer.com/bikepages/traffic/index.htm). One of Kifer’s ideas is interesting to Laltoo, “most people are aware that flying is statistically safer than driving (when analyzing risk of fatality per passenger and per distance). Why, then, do we drive without giving a second thought to our safety and yet flinch at flying?” This idea of flying as more dangerous than driving may be described as what “Nancy S. Blum, a social worker with University of Iowa Hospitals and Clinics, cites lack of control over the situation as the number one reason her patients fear flying.”

When it comes to car transportation, drivers are given many, many hours of training to be allowed to drive, as well as have direct control over the vehicle. As for biking, one has control over the moving object, but people are not given specific and detailed training on how to operate the bike and navigate the roads on the bike.

The real facts on bicyclist injuries on the road are not necessarily due to traffic, Laltoo cites “John Forester (founder of the Effective Cycling program)” who says, “50 per cent of cycling injuries and deaths were caused by cyclist error, compared with only 8 per cent caused by motorist error”. Though this does not take away the fact bicycling is still a safety risk, it is mostly through the control of the individual biker themselves. Laltoo promotes biking as a main form of transportation as it being safe, if one takes control over their biking skills and knowledge.

With more people wanting to save money and the environment, the bike becomes a good option for transportation. But with less than adequate skills, knowledge, and experience on a two-wheeled contraption, bikers may cause more harm to themselves than they realize if proper steps are not taken.

Keep this in mind the next time you hit the road on your bike. Where your helmet and if necessary a rear view mirror. I've been hit by a truck when training for a triathlon. Believe me it's not a pleasant experience. It was about mid-morning, time for the donut break when the approaching truck suddenly turned left right into my path. The rear duals didn’t look all that appealing, the passenger side of the cab uninviting so off I went trying to skirt along the front. He hit me directly in the center of the grill, sending me head-over-heels attempting a full gainer. I landed squarely on the high side of my butt. Days later it looked like I was carrying around a baseball in my back pocket. I broke no bones, chipped some teeth when I kissed the grill, and was plenty sore for weeks. The funniest part was when the cemetery manager straddled and asked if he could call someone for me. I gave him the law firm telephone number. On the way to the hospital I asked the ambulance attendant if I could use the phone. Calling my office, the secretary Julie told me the insurance company called in less than five minutes after the cemetery manager hung up. Never hit a guy who makes living as a personal injury lawyer. So now I get to honestly say I’m not an ambulance chaser, I’m always there before the ambulance.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

On August 30, 2009 a hit-and-run occurred killing bicyclist, Mark Grgurich age 54.  Hit by a white truck on Warren County Road G14, according to the Des Moines Register.

The white 1986 Chevrolet pickup was discovered to belong to Paul “Jud” McKinney, through investigating surveillance photographs, according to the Des Moines Register.  The 79 year old McKinney will go to court on September 22, 2009 to face the following charges:

-leaving the scene of a fatality
-concealment of evidence
-failure to maintain control

If convicted of all charges he could face seven years in prison.

An underlying cause for McKinney hitting the bicyclist is a vision problem called macular degeneration which causes a decline in vision especially in the central visual area, vital for driving. According to the Des Moines Register, “McKinney's sister, Elsie Manning, told The Des Moines Register that her brother has macular degeneration, a condition usually found in older adults that results in a loss of vision, especially central vision.” Though, “a Warren County sheriff's investigator said he was unaware that McKinney had macular degeneration and did not know if it figured in any way in the fatal crash.”  McKinney was to renew his license in October, having to renew it every two years due to his eye condition. Scott Falb, a DOT driving specialist said, “in Iowa, drivers may be issued a four-year license until the age of 70, but after that the state ‘wants them to come in every two years to appraise their condition as a driver’." Even though McKinney had macular degeneration, because of his age he still had to go in every two years to be evaluated.

According to the Des Moines Register:

“In Iowa in 2008, 15- to 24-year-old drivers had a rate of 3.28 fatal crashes per 10,000 licensed drivers. That dropped to 2.54 in the middle years and then headed up again as drivers reached their 70s, Falb said. At age 85 the rate reached 3.56 fatal crashes per 10,000 licensed drivers.”

From this current issue debate is rising on whether there should be stricter rules applied to older drivers. A news article from channel 13, WHO, discusses this question in regards to other cases besides McKinney.  One such case is Margaret Winter who is in her 80’s and uses a walker to get around, but also feels she should be able to drive her car.  She went in to renew her license and the DOT required her to take a test, which she failed at least twice. Winter feels it’s unfair and wrong that she cannot have her license since she has been driving for 55 years. Watch a clip from this issue on Ms. Winter.

What do you think is too old and how this impacts our roads we all use in some way or the other?

Finishing out the series on Pedestrian Safety with A Painful Case by James Joyce

Now you’re on the roadside after breaking down, you’re pulling out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say.  Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him.  This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference.  Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness?

Pedestrian Safety: To avoid being hit you need to keep your head on a swivel.

Do you want to see what it looks like when a car strikes a pedestrian? Watch this video of and you won't cross the highway the same way as a pedestrian.

Now you’re on the roadside after breaking down, you pull out your cell phone, call triple A and the tow truck arrives. The operator exits his truck and wham! He’s suddenly struck by an oncoming car. Unbelievable, you say.  Not so.

Santa Clara, California – December 2008 - My friend John Bisnar from California blogs about an instance of a ground crew mechanic working on the ground near a helicopter. A wind gust blows over a helicopter, causing it to spin out of control, and a blade struck the mechanic, killing him.  This helicopter was being used by the power company to string power lines between poles. Interesting to say the least and it explains why the worker would not be so concerned with keeping his eye on the helicopter. This workers attention needed to be focused on whatever his job may have been that day.

Pana, Illinois – January 2009 – Clothe colors can make all the difference.  Reflective tape also helps. In this case the truck driver was unable to see the man walking along Illinois highway 29. The man was struck and killed. The driver explained with the darkness, 7:30 p.m. he was unable to see the pedestrian walking. What this 60-year-old man was doing walking on the side of the highway we don’t know but we do know the driver was unable to see him.

Vancouver, Canada – November 2008 – A garbage truck struck and killed a pedestrian just after noon while he was walking. We’ve had this happen right here in Des Moines, Iowa.

Tama, Iowa – April 2009 – I reported on a young Iowa woman who was struck and killed by a train. This train-pedestrian accident has striking similarities to the story written by James Joyce in Dubliners. A Painful Case is a short story about Mr. Duffy who rebuffs Mrs. Sinico, and then four years later realizes he has condemned her to loneliness by rejection and then death. This realization strikes him while reading her obituary that describes her death being caused by a train as she walked across the tracks at Sidney Park, a train station on Sidney Parade Avenue, in the village of Merion, southeast of Dublin.

Barbara and I sojourned to Dublin for a two-week drive around the southeast and west until we found our way back to the streets of Dublin and more specifically, Fleet Street and the Temple Bar District. Ah yes, sit will you for a pint of Guinness?

Another DART bus-pedestrian collision in downtown Des Moines

On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg. Now that’s an ouch-moment beyond the imagination. When Mr. Delpierre was asked if he could back up the report says he appeared in shock and while there has been speculation about whether Ms. Lima was in the crosswalk or not, witness Scott Vanscoy is quoted as saying, “It shouldn’t have happened, she had the right away”. On the Des Moines Register message board a message left by a Vanscoy (Scott Vanscoy?) had this to say, “This woman was in fact in the cross walk, I saw her there. And the comment about him holding her hand until paramedics arrived...My only memory of the driver being there was when he initially came over and proceeded to scold the victim for not watching where she was going! Your comments are just about as sickening as the drivers!”

To further support her case it seems that these accidents are common when the DART bus drivers are making left hand turns as this is the 6th such incident involving accidents when making left hand turns since 2007. With the number of accidents it makes citizens wonder if their training is sufficient or if something else is going on. Are the pedestrians not watching out as well? Are the drivers and pedestrians making eye contact to know each knows the other is aware of their presence? If not, how about if one or both stop.  While the bus agency’s general manager said that she was not in the crosswalk he admitted that the accident was going to force them relook at having all drivers make only right hand turns in order to avoid any further incidents.

Iowa Pedestrian Injuries and Deaths - News Roundup Continued

Today we continue with several more pedestrian-car-truck-bus-train collision news items. 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. Today's news items have to do with highway workers, the police and establishing good eye contact which seems to be a repeating theme for pedestrian safety. Read and hopefully learn how to avoid being a statistic.

Miami, Florida – January 2009 – Highway workers are at great risk when working along the highways of American. In this story someone dropped thousands of shoes, with shoe laces tied together, on a highway. The picture is well worth the effort to see what thousands of shoes look like all strewn about on a highway. In this video while a highway worker sweeps the shoes from one lane of travel traffic just keeps on going by heading to work.

San Diego, California – December 2008 – The lawyers at Estey and Bomberger again bring us news of a pedestrian accident in the Core-Columbia district of San Francisco. The woman was struck while crossing the street by a vehicle turning left; which brings up another point about safety. Even when drivers stop you can’t trust they will remain stopped. Before walking out into the roadway look the driver right in the eyes, make eye contact and if you can’t do move one inch. Establishing eye contact is an important pedestrian safety measure. If you have eye contact then unless the driver is brain dead they shouldn’t move and should be more aware of your presence.

Beech Grove, Indiana – January 2009 – A mother of two young children was run down and killed as she stepped out into the roadway. The car was a patrol car being driven by police. The police officer did not have the siren or lights on and was responding to a call for assistance related to a burglary shortly after 9:00 p.m. This brings us to make a new point to the police, if you’re going to respond to a call for assistance and can’t activate your siren then be more careful while driving towards the location. Without lights and sirens pedestrians may not have the right amount of attention focused on your patrol car. Pedestrian accidents with patrol cars and police cruisers aren’t all that unusual.