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Lombardi Law Firm

Pedestrian Accident Lawyer

If you have questions about property damage here are the answers to your questions. Due in part to the number of questions we get about property damage and how to settle the property claim after an accident the Lombardi Law Firm has created this page with a list of commonly asked questions. If your suit has significant personal injury or death claims we invite you to contact us about your case, but due to the time involved in answering questions (and the fact we still have to pay the bills around here) we do not allow non-client questions for just property damage. Clients may contact us at 515-222-1110 or 800-383-0331 or [email protected].

A couple of pedestrian accident reports caught my eye because they were killed due to being distracted by cell phones, mp3 players or iPods. A search in the Internet turned up much more information than I expected. Here is a sampling of what is out there in cyberspace.

NPR recently aired a very good story about digital distractions while driving.

NPR Story, Caution: Walking and Cell Phones Don't Mix, Carol Guensburg.

Driver Safety: Starts before you turn the ignition key

Driving Safety: No Text Messaging While Driving | InjuryBoard Austin

Cell Phone Use While Driving Increases Risk of Collision ...

Cell Phones: INTOXICATION V. IN-TEXT-ICATION - Which is worse ...

Driving Safety: No Text Messaging While Driving | InjuryBoard AustinCell phone use causes car accident, case settles for $5.2 million ...Cell Phones, Like Alcohol, Cause Wrongful Death | InjuryBoard Salt ...

So what is going on with pedestrians? Like car and truck drivers pedestrians are allowing their cell phones to distract them to the point of getting killed. Here are a few examples.

Joshua Phillips White, 16, was killed while wearing MP3 player earphones and walking on a train track. February 22, 2009.

Lisa Carolyn Moran, 20, a University of North Carolina exchange student from Scotland, was listening to an iPod while jogging when she stepped into the path of a bus in Chapel Hill last May. Lisa Moran’s personal website.

http://www.wral.com/news/local/video/2899538/

Alan Eaton-Chandler, 17, was killed under the same circumstances just last Tuesday when he was hit by an Amtrak train in Comstock Township, Mich. February 2009.

Vicky Baker, 39, was talking on her cell phone when she was struck and killed by a train in Albertville, Ala., in December 2008.

Apple, the most prominent manufacturer, declined to comment for this story. Christine Monaghan, spokeswoman for its iPod line, said Apple's Web site offers guidance for safe use.

COMSTOCK TOWNSHIP -- A funeral will be held Saturday for a Galesburg-AugustaHigh School junior who was hit by an Amtrak train Tuesday afternoon.

Alan Michael Eaton Chandler, 17, was hit as he crossed the tracks near his house in the 8800 block of East Michigan Avenue.

Feb. 2009

According to preliminary reports, Baker was using a cell phone while walking and apparently did not hear the train’s warning and walked into the path of the train, Smith said. The train struck Baker as she was attempting to move from the tracks, he said. December 2008

Tara McAvoy, 18, was killed while she was text-messaging her family. Tara, who was named Miss Deaf Texas in June, 2005, was struck by a train as she walked along the railroad ties.

Zachariah Smith, 18, of Ohio, was texting on his phone while walking across railroad tracks. Witnesses report that Smith let one train pass, walked around a gate and was struck by a second train. Although he was thrown 50 feet, Smith survived. August 21, 2007.

Scott Slaughter, 31, of Berkeley, California was talking on his cell phone when he was struck and killed by an Amtrack train. Similar to the Ohio case listed above, witnesses said that Slaughter let one train pass and walked into the path of a second train. November 19, 2007.

Florida Woman Struck and Killed While Using Her Phone

Dawn Ann Thoma, 32, of Florida was killed when she drove into the path of a freight train. Dawn was talking to her brother on the phone at the time of the crash.

There is a website mycellphoneiskillingme.com that lists many of these accidents caused by electronic distractions. As they point out many of these accidents are underreported because people don’t want to admit to having used their cell phones. Here is the list they compiled.

• New York — Five girls who had recently graduated high school were killed when their SUV crashed. Phone records show that the phone registered to the driver (Bailey Goodman) was in use at the time of the crash. Evidence also suggests that she was speeding.

• New York — Five people were killed when Shawn E. Roush lost control of his car. Roush was legally drunk, driving 90 and arguing with his wife on his cell phone at the time of the crash.

• Wisconsin — Witnesses report that 48-year-old Janet Indermuehle was talking on her phone when she lost control and crashed. Indermuehle, her 15-year-old son Daniel Hall, and 14-year-old Tiffany Kastner were all killed.

• Indiana — Eight people were killed when a semi-trailer slammed into a line of cars. The trucker, Leonardo Cooksey, 32, was trying to charge his cell phone and didn't notice that traffic had stopped.

• Minnesota — 21-year-old Leanne Toepper was killed while chatting on her phone. The person she was talking to heard her screams before the phone went dead.

• Montana — 13-year-old Frances Margay Schee was killed when her school bus was hit by a semi-trailer. The trucker, Reinaldo Gonzalez, admitted that he was talking on his cell phone at the time of the crash.

• Arizona — Police report that 18-year-old Ashley Miller was sending a text message when she crossed the center line and slammed into a vehicle driven by Stacey Stubbs. Both Miller and Stubbs were killed.

• Wisconsin — 22-year-old Adam Teumerd was killed after his vehicle left the road and crashed into water. Adam was talking on his cell phone when the person he was speaking with heard the accident.

• Ohio — Karyn Cordell, 22, and her unborn child were killed when 16-year-old Alexander Manocchio reached over to answer his phone and slammed head-on into Cordell's car.

• Illinois — Katlin McGuire, age 20, was killed when she was distracted by her cell phone. Her passenger received serious injuries.

• Ohio — Seventeen-year-old twins, Kathy and Kimberly Seager, were killed while stopped at a railroad crossing. The twin's car was crushed from behind by a 23-year-old driver who was talking on his cell phone. The driver didn't even try to stop.

• California — Los Angeles commuter train engineer Robert Sanchez missed a signal that caused 25 people to lose their lives. Records indicate that Sanchez had been texting on his phone.

• California — Gladis Andrade-Zepeda, 33, dropped her cell phone and was looking for it when she crashed. Andrade-Zepeda was killed when her car was struck by a second vehicle.

• Washington — Witnesses told the FBI that Sela Anne Kalama, 19, was texting on her phone when she drove off the road and into a river. 17-year-old Vanna K. Francis and 15-year-old Ronnie Scroggins were killed in the crash.

• Wyoming — Brittany Rentas, 16, was killed after the car she was driving collided with another vehicle. Rentas had been texting on her phone.

• Montana — Christie Johnson, 34, was killed while trying to plug in her cell phone. Four passengers were injured.

• North Carolina — Macy Winslow, 16, was killed when her vehicle crossed the center line and struck another vehicle. State Police report that there is strong evidence to suggest that Macy had been using her phone when she was killed. Two other people suffered injuries.

• Montana — An unnamed 43-year-old man was using his cell phone at the time he slammed into the back of a logging truck on U.S. 93, near Missoula. The man died in the crash.

• Oklahoma — 19-year-old Brittanie Montgomery was killed while driving and using her phone. Brittanie was a dancer for the Hornets NBA basketball team. Her mother is now an advocate for banning the use of cell phones while driving.

• Massachusetts — John McCarthy, 58, was hit and killed by a driver who admitted to sending a text message at the time of the crash.

• Ohio — Five-year-old Dameatrius McCreary was killed after exiting a school bus. Angelique Dipman told police that she hit Dameatrius because of reaching down to answer her phone.

• Florida — Stephanie Phillips, 37, and Heather Hurd, 26, were killed when a tractor-trailer ran a stop light. The trucker was distracted by text-messaging on his phone. Numerous other people suffered injuries. (Accident Pics)

• Florida — Dawn Ann Thoma, 32, was killed when she drove into the path of a freight train. Dawn was talking to her brother on the phone at the time of the crash.

• California — According to the Highway Patrol, Ronald Rudisill, 63, was killed by a driver who was allegedly driving under the influence of drugs and sending a text message. The driver didn't see that traffic had stopped.

• California — 16-year-old Kayla Preuss was killed when the vehicle she was driving went out of control and crashed. She had been drinking, speeding, and sending text messages at the time of the crash. Her open cell phone was found at her feet.

• California — 5-year-old Kyle Coble and his two sisters Emma, 4, and Katie, 2, were all killed when the vehicle they were in was slammed into by trucker Jorge Miguel Romero, who was trying to check his cell phone voice mail.

• Missouri — Two-year-old Jackson Moore was killed when his dad—who was riding an ATV with his son—looked down to check an incoming text message.

• Missouri — Three people were killed and 15 injured when trucker Jeffrey R. Knight was distracted by his cell phone.

• Virginia — Joan D. Skupien, 40, was using her phone when her car left the road and crashed into a tree. Skupien died in the crash.

• Virginia — Michael Ozyjowski, 75, was killed when he was run off the road by a woman driving and talking on a cell phone.

• Indiana — Sarah L. Woodruff, 20, was killed when her car left the road and flipped 6 times. State Police report that Sarah had been texting on her phone.

• Indiana — Rodney O. Thompson, 18, was killed when his vehicle slammed into a tree. A passenger said that Thompson had been text-messaging at the time of the crash.

• Connecticut — 82-year-old James Morrissey died a month after being run down by a driver chatting on a cell phone.

• Illinois — Matt Wilhelm, age 25, was killed by a driver who was busy downloading ringtones onto her phone.

• New Jersey — 7-year-old Sierra Kerber was killed when a driver on a cell phone ran a red light and crashed into an SUV driven by Sierra's father.

• Oklahoma — Jessalyn Sanders, 6, was killed while walking across a street. The driver, Justin Pearsall, told police that he didn't see Jessalyn because he had reached down to answer his phone.

• Colorado — 18-year-old Makayla Lynn Belew was killed after being hit by a driver who was text messaging on his phone.

• Colorado — 18-year-old Nancy Trim