Des Moines Personal Injury Lawyer - Automobile Accidents - Most Commented

Air Force senior airman, Danielle N. Brinser from Ottumwa, Iowa killed in Ohio mva crash

Steve Lombardi — Mon, 23 Mar 2009 23:39:24 GMT

Ottumwa, Iowa native Danielle N. Brinser, 20, a senior airman at Wright-Patterson Air Force Base was killed when trying to cross Ohio 444 on a green light. The other vehicle failed to stop and yield at the intersection light. The other car was driven by Nicholas C. Hart, 23 who failed to stop for the red light and struck Brinser’s Toyota.

Originally posted at InjuryBoard by Steve Lombardi

O'Connell, an Irish family, is devasted after van crash in Iowa. (Updated 06/21/2009)

Steve Lombardi — Wed, 17 Jun 2009 15:48:17 GMT

This is one of those accidents I hate writing about but without this posting the relatives and friends back in Ireland may wonder about how to obtain information concerning the O'Connell family. I reviewed the Iowa State Patrol report of this family's June 14, 2009 accident. I’m going to report details so the extended family and friends in County Clare, Ireland know what is being reported in Iowa. The Clare Herald is reporting the story based on news reports from several sources quoting the I.S.P. report. This information comes from the I.S.P. crash report. For those interested in the Clare Republic article here is the link.

Former Gort camogie star killed in US road crash, June 16, 2009, The Clare Herald

Here is what is in the Iowa State Patrol report. Young Sarah B. O’Connell, age 15, was driving and was the only van occupant wearing her seat belt. The other passengers were the father, Henry J. O’Connell (age 50), his wife, Sarah A. (age 44) and two other small children, Colman (age 13) and Maeve (age 10). Only young Sarah who was wearing her seat belt was not ejected from the interior of the van. The van was a 2003 Honda Oddessy.

The accident occurred on June 14, 2009 at 6:36 P.M. as they were traveling southbound on Highway 61 at milepost 170 in Jackson County, Iowa. Jackson County is in eastern Iowa, just south of Dubuque and northwest of Clinton. The speed limit was 65 miles per hour (104.61 Km/hr). The airbags did deploy.

Here is the trooper’s narrative of how the accident occurred.

VEHICLE WAS TRAVELING SOUTHBOUND ON HIGHWAY 61 AT MILE MARKER 170. VEHICLE WENT OFF ONTO RIGHT SHOULDER, DRIVER STEERED LEFT OVERCORRECTING LOOSING CONTROL IN ROADWAY. VEHICLE LEFT ROADWAY ON LEFT SIDE AND TRAVELED INTO MEDIAN AND BEGAN TO ROLLOVER. VEHICLE ROLLED SEVERAL TIMES EJECTING ALL PASSENGERS. VEHICLE CAME TO REST ON IT'S WHEELS IN THE NORTHBOUND LEFT LANE AND SHOULDER FACING EAST.

There don’t appear to be any contributing factors noted by the Iowa State Trooper who investigated the accident. The first event noted was “ran off road, right” followed by “evasive action (swerve, panic braking, etc.)” followed by “overturn/rollover”.

Both Sarah, the mother along with Maeve were flown by helicopter ambulance to the University of Iowa Hospitals and Clinics in Iowa City, Iowa. The University Hospitals mailing directory is listed by department and the general address is University of Iowa Hospitals and Clinics, 200 Hawkins Drive, Room (tell them Maeve is in the pediatric ICU, Iowa City, Iowa 52242-1009.

Sarah, the daughter and her brother Colman were taken by the Maquoketa Ambulance to Mercy Hospital in Dubuque, Iowa.

Henry J. O’Connor appears to have been pronounced dead at the accident scene as he was taken to the Jackson Regional Hospital by the Medical Examiner. The Jackson County Regional Hospital can be contacted as follows: 700 W. Grove Street, Maquoketa, Iowa 52060 and telephone is 319-652-2474 and fax 319-652-4076. The website is http://www.healthenterprises.org.

The Iowa State Patrol can be contacted through the District 12 Office, 22365 20th Avenue, Stockton, Iowa 52769-9612. The Trooper in charge of the accident investigation appears to be ISP3633, C. Nelson from Post 12. Anyone can contact the I.S.P. at the Headquarters located at 215 East 7th Street, Des Moines, Iowa 50319. Phone: 515-725-6090. Email: ispinfo@dps.state.ia.us.

District 12 contact information is different: Iowa State Patrol, District #12, 22365 20th Avenue, Stockton, IA 52769 and telephone 563-284-9501

A telephone call to the University of Iowa Patient Admissions desk (319-356-2456) has Maeve in the Pediatric Intensive Care Unit (I.C.U.). A call to this number will allow you to be connected to the room.

General/Patient, Information 319-356-1616

Patient Room Information 319-356-2456

Special Communication Needs

UI Hospitals and Clinics, 200 Hawkins Drive, Iowa City, Iowa 52242

The reports don’t indicate if there is other family in the United States and the Midwest where Wisconsin is located. My wife’s relatives (Tubridy) are all Irish and her family hails from County Clare in Ireland. There is a still a local restaurant there named Tubridy’s. Last year in October we visited Ireland and drove around for two-weeks exploring Dublin and the southern part of Ireland from west to east. So I have some familiarity with the area. If anyone wishes more information feel free to contact us here in West Des Moines, Iowa and Barbara or I will be happy to accommodate however we can.

The posting of this information will be on the law firm’s website. This is not a solicitation for business; it is to assist the family and friends. We are sorry to read of this loss.

See The O’Connell’s from Ireland killed in U.S. road crash, June 17, 2009. The Lombardi Law Firm.

Stories on the Web with relevant information.

Family fly to comfort children orphaned in tragic car crash

By Louise Hogan, Wednesday June 17 2009

All of the children went to school in the Wisconsin city of Madison where the family had set up home.

The crash happened shortly after the school term had finished, and just two days earlier Sarah's Madison Memorial High School soccer team had played in the state tournament.

Family friend Kelly Meuer said he had known the family for almost a decade through the soccer team.

He said the family had moved between the US and Ireland on a couple of occasions, but mainly Mrs O'Connell had lived in Wisconsin with the children while Mr O'Connell was away on business. She had worked as a teacher's aide in the Madison School District. Mr O'Connell, who had a background in engineering, worked as a business consultant.

"Joe hadn't seen the kids, because he had been across the sea," Mr Meuer told a US newspaper. "They were going to take two weeks and, honestly, they didn't have an itinerary."

Funeral arrangements have not yet been made.

Relatives of US crash family say thank you for support

By Louise Hogan, Thursday June 18 2009

Both parents died following the crash, while Sarah and Colman (13) were hospitalised, but have since been released. Their youngest daughter, Maeve (10), was last night described as being in a "fair condition" at the University of Iowa Children's Hospital.

Their family thanked everyone for their kind efforts through a website dedicated to the O'Connell family, who had set up home in the city of Madison, Wisconsin, after leaving Ireland around eight years ago.

The family said Sarah and Colman would be "reunited" with Maeve at the Iowa hospital.

"Maeve, who suffered more serious injuries, is progressing," they added.

Fr Brendan Walsh, the parish priest for Causeway, said the families planned to bring the bodies home, with the burial expected to take place in the Kerry village. However, a date has not yet been confirmed.

Originally posted at InjuryBoard by Steve Lombardi

Driving While Intexticated

Barbara Tubridy Lombardi — Wed, 24 Jun 2009 15:54:36 GMT

Des Moines/West Des Moines Parents…..Teenagers Driving while Intexticated

Where are they learning this? Example maybe?

Are you thinking, “Not my Kid!”……according to Live Science, nearly 60% admit to texting while driving. Now, if you’re a parent, you know the statistic is much higher than this. How many kids are going to admit to participating in this, when they know they shouldn’t, and you’ve nagged them not to do it. According to National Highway Traffic Safety Administration (NHTSA) reports, distracted drivers account for almost 80% of all crashes and 65% of near-crashes in the United States (April 2006 study) This study did not confine itself to teen drivers, those statistics would have been significantly higher if so. Texting while driving has been shown to be as dangerous as driving while drunk!

Is the text message you are sending or receiving really that important to look at while driving a 2-ton death machine? Human error causes far more damage and kills more people than technical failures.

SADD and Liberty Mutual have provided guidelines for families for teen driving which included preventing cell phone use in the car. Teens report that the biggest influence on how they drive is their parents. Almost 2/3 of high school teens report their parents talk on the cell phone while driving, ½ report that their parents speed, and almost 1/3 say their parents don’t wear a seat belt. What are you parents thinking? Not only are you risking your life, your children’s and passengers lives, others on the road, but you are a perfect example of WHAT NOT TO DO!

http://www.youtube.com/watch?v=azg4Wv-lHFM

Today (June 24, 2009) I was driving to work and was at a traffic light (Ashworth and S. 50th) while a car was stopped turning right. There were no cars coming from the left, yet the car sat there. I looked and noticed the driver’s head was down. He finally turned right and we were stopped next to each other at the next red light. Next to me in a navy blue Malibu was a teenage boy still looking at his cell phone, texting. He must have felt my eyes boring a hole in his skull because he looked up. I motioned to him and mouthed, “get off the cell phone”. When the light turned green, he took off like a rocket. Probably to get away from me, the crazy lady who might catch up with him again at the next light. Maybe I saved his or someone else’s life today. I’ll never know but parents, talk to your kids about texting and distracted driving.

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Iowa Auto Collision, front-seat-passenger taken off of life-support

Steve Lombardi — Sun, 07 Jun 2009 21:36:22 GMT

On May 26, 2009 I reported on the InjuryBoard a multi-car collision involving Langstaff and Andrew Brock in which two people died. Today we received word from an interested party, another passenger died. It’s been reported the front seat passenger in the Brock truck was at 5:30 a.m. this morning removed from life support. The person reported the number of fatalities stands at 3. There is no report on the other passengers in the Brock vehicle. At the time we initially reported the other passengers also injured were reported to be Spencer Miller, age 15, David Haifley age 16 and Travis Filben age 19. I can’t be sure they were all in the Chevy truck or some other vehicle.

See the initial article for further details, we will report as more is made available to us.

Multi-car-truck collision in rural Iowa kills two - One vehicle 3 collisions and then catches fire.

May 26, 2009, Des Moines InjuryBoard.com site

There is a lesson for young people to learn about driving and concentrating on your driving. One has to wonder how many young people were in that Chevy truck and what was going on inside the cab that caused the driver to miss the stop sign. We make no assumptions, there could be a very good reason, but the report from the Iowa State Patrol shed no light on the reasons, if any. Like I said, we will report as details are brought to our attention.

The most recent Des Moines Register article shows a picture of the Langstaffs. They look so young and happy as a couple. Although he recently was laid off from his job with the Principal he’d interviewed at Allied Insurance and did very well. They are both Hawkeye fans and posed with their black Labrador Jackson. If ever life seems unfair it has to be for this extended family. This summer would have been their third wedding anniversary. They met after friends fixed them up on a blind date. Both sets of parents were educators.

Indianola couple killed in May 23 car accident were en route to family picnic, June 4, 2009 by Aaron Jaco.

So what is the lesson here, not sure I can come up with one tonight. Enough said.

Originally posted at InjuryBoard by Steve Lombardi

Trailer Safety Isn't an Option

Steve Lombardi — Fri, 16 Oct 2009 13:40:00 GMT

The Iowa State Patrol reports on this one. I’ve had a similar case and personally tow a trailer so I’m very aware of trailer towing safety.

On October 3^rd 2009 Christopher Ludwig was pulling a trailer Eastbound on the Highway 18 when the trailer he was pulling came unhooked crossed the center line and hit the Ford Escape driven by 36 year old Daniel Stites. Mr. Stites died as a result of the injuries suffered in the crash and it is being reported that the trailer did not have safety chains on it. No one in Mr. Ludwigs vehicle was injured and the crash remains under investigation.

Trailer safety starts off before the driver puts the car or truck in gear to drive. Before you even move you check the chains along with the light plug and the hitch itself. It all has to be secure before the driver can go. Did he in this instance check it all before moving the truck? Probably not.

Originally posted at InjuryBoard by Steve Lombardi

TEEN LOGIC: Why is a 15-year-old taxiing passengers on I-380 in Iowa?

Steve Lombardi — Sat, 12 Sep 2009 09:00:27 GMT

Can we start with an assumption: That interstate highways are a dangerous place due to cars and semi trucks driving at higher speeds; due also to wrong-way drivers, drunks and inexperienced drivers. Now let's talk this morning about youthful inexperience, distracted driving and cheating the law that is intended to save youthful lives. After we look at this mornings news item from the Des Moines Register I'm going to end with a warning to the parents who cheat by asking the wrong question and focusing their children's attention on the lawyers rather than youthful inexperience.

NEWS ITEM:

A 15-year-old driver rolled a white minivan as she neared the Iowa River on Interstate-380 in Johnson County. In the van were two 16-year-old passengers. One was reported to have died and the other taken to University Hospitals in Iowa City.

LET'S ANALYZE THE LAW AND THE FACTS:

All were apparently high school students who’d just finished a volleyball game and were heading out to get a bite to eat. The 15-year-old driver was Rachel Stewart of North Liberty. Her two passengers were Alyssa Benedict and Rachel Petersen. Young Ms. Benedict is listed as the fatality.

“Clear Creek Amana Principal Tom McDonald said Benedict and two friends were apparently going to get something to eat after attending a volleyball game at the school in Tiffin.”

What was the reason the van lost control and rolled over?
What was the reason the van ended up off the road and onto the median?
Were there distractions inside the van that caused this inexperienced driver to lose control?
Does the law even allow a special license permittee to be taxiing passengers on a food run?
Was this errand going to allow them to get home before the permit curfew?

In Iowa a 15-year-old can drive with a learner’s permit and a school permit. Those permits allow them to drive directly to and from school-related functions, like volleyball. The permissible hours are 6 a.m. to 10 p.m. This accident is reported to have happened at 8:45 p.m. Passengers are allowed to ride along but I’m not sure the law allows the driver to veer from the most direct route between home and school or the extracurricular activity. Reports indicate that Benedict and Petersen were not wearing seat belts. Another report has the van entering the median area before rolling over. But let’s get back to the time sequence to decide if this trip was a good idea for teens, so that teens can learn from the mistakes made in this case and to stay out of future trouble.

Reports show they were at a school event at Clear Creek Amana in Tiffin. The driver lived in North Liberty, the two passengers in Tiffin, Iowa. At the time of the collision they were driving south on I-380, a four lane divided highway. The collision occurred at the 8 mile marker. It should be clear that if you’re at a school in Tiffin and the two passengers live in Tiffin then there’s no reason to be on I-380 taxiing passengers; no matter how hungry they may be. Tiffin is west of I-380 and North Liberty is northwest of Tiffin. Using MapQuest shows there are 8.31 miles between the two towns; a drive that takes a mere 13 minutes to drive and doesn’t include any travel being necessary on I-380. In other words I-380 isn’t a direct route. So why were they even on I-380?

The MapQuest directions include E 3^rd Street toward Main Street, then right onto Main Street, turn right onto E. Marengo Road/U.S. 6 East, then left onto Coral Ridge Ave., turn right on E. Penn Street, then right on N. Dubuque Street to North Liberty.

Google Maps shows the direct route.

http://maps.google.com/maps?f=d&source=s_d&saddr=Tiffin,+Iowa&daddr=NOrth+liberty,+Iowa&hl=en&geocode=&mra=ls&sll=41.707679,-91.675351&sspn=0.002423,0.005659&ie=UTF8&t=h&z=14

View Larger Map

The question remains to be answered whether the law allowed this special minor driver to even be on I-380 and then whether it was possible to get something to eat and get everyone home by the permitted curfew of 10 p.m.

Of course there is also the question of whether these teens could legally make this food run.

“The reason Stewart lost control of the van has not been made public by the Iowa State Patrol. McDonald said he received an unconfirmed report that a rear tire had blown.”

State law allows young drivers with learner’s permits and a school permit to drive to and from school for school-related activities. The Code section is 321.194 Special minors’ licenses. Here is what is written. The drive must take the most direct or accessible route and can only drive between 6 a.m. and 10 p.m. over the most direct and accessible route between the licensee’s residence and schools of enrollment or the closets school bus stop or public transportation service and between schools or enrollment, for the purpose of attending classes or extracurricular activities within the school district. That’s a mouthful and these code sections aren’t easily understood. Generally they are allowed to have passengers but they can’t have more passengers than there are seat belts, a requirement that implies seat belts must be worn.

So let’s recap the mistakes that were made:

1. Not wearing seatbelts.

2. Driving on an Interstate.

3. Driving a route that is not a direct or permissible route.

4. Taxiing passengers for a food run.

5. Trying to squeeze in too many stops in two short a period of time.

6. Disobeying the law that requires teens not to drive except to and from school events. Last I checked McDonald’s isn’t a school event and they don’t have classes.

7. Were there distractions in the van that caused the driver to lose control? We may never know.

Does the law allow the driver to taxi passengers for the convenience of parents? I’m not sure I would agree that it does. Was all of this avoidable? Absolutely. One of the lessons to learn is for parents to stop distracting teens with asking the wrong questions; stupid questions such as why are there so many lawsuits? Hate the lawyers all you want but start asking the right question; the one that will reduce the number of accidents and in turn the number of lawsuits.

What were the distractions in the van?

Why were these kids thinking they could cheat the law intended to keep them safe?

Why was the youthful driver being a taxi driver?

Why were they even on I-380?

If adults knew they were going on a food run, why didn't someone step up and say, "No." you're not allowed to do that. Do it and I'm calling your parents.

Why wasn't everyone wearing their seatbelts?

If there were cell phones in the van, why? What purpose did they serve?

If there was texting going on why? Why is it necessary to pay attention not to texting but to driving?

And the most important question is...

Why are there so many accidents and injuries?

See Radio Iowa, Teenage girl killed, two others injured in eastern Iowa wreck

UPDATE: Teen Killed, Two Injured in I-380 Accident

NEWS UPDATE - 1 killed in rollover accident

I send my condolences to the families and rest my case.

We've been covering Interstate travel safety for the past two-weeks on the Injuryboard and a few of my fellow members have jawed about it nonstop. I know that Wayne Parsons, my friend Devon Glass from Michigan, Mike Bryant from Minnesota, Pierce Egerton from North Carolina and Rick Shapiro from Virginia will all join in with my sentiments about being frustrated. Parents frustrate us when they talk all about tort reform and then turn a blind eye to what their children do. Tort reform isn't about the other guy, it's about us and the decisions we make. Tort reform is actually a distraction from the root cause of injuries and accidents. Taking away the rights of people to receive compensation isn't going to stop the accidents that cause injury and death. All tort reform will do is make those injured or the families of those killed miserable. So stop distracting everyone with taking away the right to receive compensation and ignoring the root causes of injury and death on the highways of America. If you have questions about what we’ve written call or write to each of us. We don’t ask that you agree, but we do ask that you think and discuss the issues.

You can follow our discussion by reading these articles.

UPDATE FOR CONSIDERATION: A recent Des Moines Register article takes a look at the police investigation in another case involving Alyssa Jo Vdnerhoff, a 15-year-old who lost her life when the truck she was driving went out of control and rolled. They wondered if she was text messaging, either reading or sending at the time when she lost control. Vanderhoff was from Marathon and was Iowa's only female bull rider.

I think this series on interstate highway safety is concluding with this post. Here is the series we ran. Our next series will start in a few days. Being busy lawyers it's not always easy to jump right into a new subject and have copy ready for print.

Are Double-Bottomed Semis More or Less Dangerous to You? - Devon Glass from Church Wyble, P.C. (Michigan), August 26, 2009

Who wins and loses when a Ford Focus and a fully-loaded semi-truck crash? - Steve Lombardi from The Lombardi Law Firm (Iowa), August 25, 2009

Hawaii Freeway Chronicles #1: What Are The Danger Points On H-1, H-2 and H-3?, by Wayne Parsons of Wayne Parsons Law Offices. (Hawaii), August 27, 2009

The Interstate Highway Graveyard, “Speed Kills”, Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend, Wayne Parsons | September 01, 2009 4:36 PM

Uninsured Motorist Car Insurance: It’s Your Most Important Car Insurance and Here Is Why, Rick Shapiro, September 01, 2009 10:30 AM

Uninsured Drivers: Who Are These People?, Pierce Egerton , September 02, 2009 12:00 PM

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance , Wayne Parsons, September 02, 2009 4:09PM

The National Uninsured: Why You Need Uninsured Motorist Coverage In Minnesota, Mike Bryant, September 04, 2009 3:24 PM

Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths?
Rick Shapiro | September 07, 2009 1:15 PM

Highway Cowards - Running From Decency & Responsibility
Pierce Egerton | September 08, 2009 8:08 PM

Deteriorated Interstate Highways And Roadways In Every State Add To Fatalities, Wayne Parsons, September 10, 2009

Originally posted at InjuryBoard by Steve Lombardi

Get off the cell phone while driving!! You almost hit a boy on a bike!

Barbara Tubridy Lombardi — Thu, 18 Jun 2009 20:01:00 GMT

Get off the cell phone while driving!! You almost hit a boy on a bike!

As I was exiting Interstate 235 in West Des Moines at approximately 2:45 p.m. today (June 18, 2009), I was waiting to turn right onto Valley West Dr. (35^th Street). In front of me was an SUV, a silver Saturn VUE driven by a woman who was talking on her cell phone. As most of these exits do not allow right turns on red, we sat and waited for a couple of minutes….me waiting to get back to the office from delivering documents to another office, and her still talking on her cell phone, we were in the center lane, the one that turns right and left, and there was a cab to our right.

The light turned green…..she is still on the phone….and she starts to pull out, but wait! There is a boy around 14 years of age directly in front of her car as she begins to pull forward. She slammed on the brakes, the boy turned slightly to his right but kept coming across and thankfully made it to the other side. What does this woman proceed to do?? STAY ON THE PHONE OF COURSE! She was driving north on Valley West Dr., and I was turning left onto Westown Pkwy so I pulled up next to her while we waited at another red light. SHE IS STILL TALKING ON THE PHONE! I beeped at her twice because I was going to ask her if she even realized that she almost hit a young boy on the bike. I sat there beeping…..she didn’t even look, SHE WAS STILL ON THE PHONE!

The State of Iowa does not restrict cell phone use while driving yet….a bill was introduced by Representative Ako Abdul-Samad on January 14, 2009 and has received a lukewarm reception in the Iowa Senate. The bill is still pending. Interesting to note that as of January 2009 the State of Iowa is at the bottom of a website grouping those states that have no restrictions on cell phone use.

As I write this I am thankful that I did not have to be a witness to what could have been a terrible accident. An accident that at the very least would have meant beginning the summer for this young boy with a ride in an ambulance to the ER.

Wake up people and get off the phone….you are not as capable at multi-tasking as you think.

Good drivers just drive.

www.youtube.com/watch?v=aPlnNaHGZY8

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Walking in Cyberspace Can Kill You

Steve Lombardi — Wed, 25 Feb 2009 13:12:00 GMT

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.

Megan Roth and I have written before about distractions caused by cell phone use along with iPods. Some other articles of interest are listed.

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 Austin Cell 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-Augusta High 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 Trimpe was killed when Donte Brown, 24, ran a light and struck Trimpe's vehicle. Police report that Brown was distracted by his cell phone.

• Colorado — Jim R. Price, 63, was hit and killed while riding his bicycle in the bicycle lane of Wildcat Reserve Parkway

. The 17-year-old driver was text-messaging on his cell phone when he hit Mr. Price.

• Colorado — Samantha Ann Loy, 18, was killed when she rolled her vehicle into oncoming traffic. The Colorado State Patrol suspects that she was texting at the time.

• Wisconsin — Tracey McDonald-Iwunze, 28, was using her phone when her car ran a stop light and killed Kathryn Marjama.

• Texas — Ryan Perez, 24, reached for his cell phone and slammed into a vehicle driven by 18-year-old Samantha Ibarra. Ibarra died in the crash.

• Texas — Dr. Michael Sanchez was hit and killed while jogging. The driver told police that he was was answering his cell phone.

• Maine — Police believe that Heather Bouchard, 24, dropped her cell phone which caused her to cross the median and crash into oncoming traffic. Bouchard was killed, two others were injured.

• West Virginia — Michael Shelley blew through a red light while talking on his phone. One person was killed.

• Massachusetts — Jordan Cibley, 18, was killed when his car left the road and struck a tree. Jordan was talking on the phone to his dad when the accident occurred.

• Michigan — Jun Joseph Kojima, age 27, died after being hit by an 18-year-old driver who was reaching for his cell phone.

• Georgia — Ryan Duffner, age 2, was killed when his mother's car was hit by a 16-year-old girl who was using her cell phone while driving. Ryan's mother, Lisa Duffner, sustained serious injuries in the crash.

• Florida — Lesley Beers, 32, was killed when her car was slammed into from behind by a vehicle driven by Sheila Hulick. Cell phone records show that Hulick was on her phone. A jury later awarded Beers' husband 21.6 million dollars in a wrongful death suit.

• Michigan — Twelve-year-old Joe Teater was killed when Holly Jo Smeckert, 20, drove through a stop light and crashed into the Teater's vehicle. Smeckert was so consumed by her phone conversation that she didn't even apply her brakes at the stop light.

• New Mexico — Witnesses report that 41-year-old Douglas Flores was trying to text message when his moped slammed into a telephone pole. Flores was killed.

• Arkansas — Paul Davidson, 41, was killed when 27-year-old Michael Blanchard crossed the center line. Authorities said that Blanchard had been texting on his phone. He later killed himself after being charged in causing the death of Davidson.

• Texas — Stephanie Phelps, 16, was using her cell phone when she ran through a stop sign and crashed into a cement truck. Phelps and her 4-month-old daughter were killed.

• Texas — Officer Jason Norling was killed by a driver who was using a cell phone. His wife, Lisa, told local media that she lost her husband to a cell phone.

• Texas — Witnesses report that 49-year-old Gabriele Zarecor was text-messaging when her vehicle struck a concrete barrier. Zarecor was killed in the crash.

• Indiana — Witnesses report that 52-year-old Delbert Majors was talking on his cell phone when he ran through a stop light and killed 56-year-old Raymond Ferrari. Police report that Majors' also had cocaine in his system.

• Massachusetts — Craig P. Bigos, 31, told authorities that he was trying to drive and send a text message when he lost control of his SUV and killed 13-year-old Earman Machado.

• Utah — 17-year-old Lauren Mulkey was killed by a driver who ran a light because he was trying to find a number on his cell phone.

• Utah — James A. Furfaro, 38, and Keith P. Odell, 50, were killed when 21-year-old Reggie Shaw sideswiped their vehicle. Phone records show that Shaw had been text-messaging at the time of the accident.

• Wyoming — Bradley Johnson, 20, was killed while apparently reading a text message when his vehicle crashed.

• Pennsylvania — Two-year-old Morgan Lee Pena was killed when the car she was riding in was struck by a driver on a cell phone. The driver was too distracted to notice the stop sign.

• Wyoming — 17-year-old Mitchell Birch was killed when his car left the road and went down an embankment. State Police suspect that he was either sending or reading a text message at the time of the accident.

• Kansas — Valorie Graham, 38, told State police that she was on her phone when she struck another vehicle, killing Terry Higginbotham, 60, and Jeanie Larson, 64. Graham later said in court that she wasn't using her phone.

• Colorado — Erica Forney, 9, was struck and killed by an SUV driven by Michelle Smith, who was driving and talking on her phone.

• Arizona — An 18-year-old girl slammed head-on into another car killing both drivers. Police report the accident was caused by the teen texting on her phone. (Video)

• Mississippi — Puckett High School senior Daniel Howell was killed when he crashed his car while using his cell phone.

• Arkansas — Kevin L. Castillo, 22, was text-messaging on his phone when his truck left the road and crashed. Castillo died in the crash.

• West Virginia — Chad Ray, of Hurricane, W. VA., is accused of talking on a cell phone at the moment he collided head-on with a school bus.

• Indiana — Kira Hudson, 20, was having an emotional phone conversation with her boyfriend when she crashed. She is now a paraplegic and gives talks about the dangers of driving while using a phone.

• Texas — Cameron Bates, 23, reached for his cell phone, became distracted, and rolled the pickup he was driving.

• New Jersey — Adele Loring, 47, suffered critical injuries after hitting another car and overturning. Police report that witnesses saw the victim talking on her phone at the time of the crash.

• Ohio — Sarah Stearns, 18, told police that she had been sending a text message when the car she was driving hit a mailbox and overturned.

• Connecticut— Sharlyn Ayala-Gonzalez, 19, was talking on her cell phone while trying to pass another car and slammed into a guardrail. She suffered serious injuries.

• California — Brittany Nichole Rodrigues, 20, was talking on her phone when she left the road and slammed into a utility pole.

• California — Miriam Duarte, 39, reached for her ringing cell phone, ran off the road and flipped her vehicle. Duarte and her passenger Maria Loyola, 49, had to be removed from the vehicle with the Jaws of Life.

• Washington — A 16-year-old girl told authorities that she smashed into a parked car because she was reading a text message from her boyfriend.

• Washington — Police believe that Brandy Anderson Bergen, 22, was reading a text message when her car failed to round a curve. Bergen suffered severe head trauma.

• Virginia — A Virginia State Trooper was injured when 24-year-old Sabrina Farbor hit the Trooper's car, which had pulled over another vehicle. Farbor was using her phone at the time of the accident.

• Washington — Three people were injured when a 29-year-old man lost control of his vehicle on I-5 and crossed the median, slamming head-on into another car. The 29-year-old was trying to put his cell phone on speaker mode when he lost control.

• Kentucky — Two people were injured when 54-year-old Jacqueline Toombs slowed down to answer her cell phone.

• West Virginia — A minivan driver lost control, hit a car and overturned because of trying to find his cell phone.

• Maine — A 16-year-old girl told authorities that she smashed into a parked car because she dozed off, but officers discovered that she had really been texting.

• New Jersey — Christine Davis, 21, was too busy reading text messages to notice that her car was getting ready to crash into a parked Cadillac. The insurance company said the Caddy was a total loss.

• Kentucky — Witnesses report that 22-year-old Melaine Berryhill was talking on her cell phone when she turned in front of 43-year-old Sharon Howard. Howard's vehicle was forced down an embankment. Both drivers were taken to the hospital.

• Arkansas — Thomas Jones was looking at his cell phone when he crashed into Robin Matlock, causing injuries to Matlock and her passenger.

• Illinois — Witnesses report that Richard Handzel was talking on his cell phone when he crashed into 53-year-old James White. Mr. White suffered severe leg injuries.

• Washington — A truck loaded with propane crashed and overturned near a school. Authorities said the driver was on his cell phone when the crash occurred.

• Illinois — Sandra Jeffers, 58, crashed and overturned in a cornfield because of reaching down to answer her cell phone.

• Illinois — Ronald Funes-Pineda, 26, was legally drunk and talking on his cell phone when he crashed into a police car injuring the two officers inside.

• Kansas — According to the Kansas Highway Patrol, 15-year-old Megan Renae Thacker was reaching for her phone when her car went through a fence and airborne into a field.

• Kansas — UPS driver Jeremy L. McMillion looked down at his ringing cell phone and crossed the median, went through a fence and hit a building.

• Nebraska — Barbara Baltzell, 53, told authorities that she was distracted because of looking at her cell phone when she slammed into a Nebraska State Patrol officer.

• Indiana — An unnamed 17-year-old girl told police that she was using her cell phone when she left the road, drove over 70 feet through a yard, and smashed into a house.

• Iowa — An unnamed 21-year-old male told police that he was text-messaging when he caused a two-vehicle accident on Interstate 35/80.

• Arkansas — Two children received head injuries when Linda Childers Knapp struck the vehicle of Shadrick Adams. Knapp was talking on her cell phone.

• Montana — Breanne Ledbetter, 29, was on the sidewalk jogging while pushing a stroller when she was hit by 16-year-old Tyrell Littlebird. Littlebird told police that he was text-messaging at the time of the accident.

• Pennsylvania — Erica L. Rodriguez, 20, was reaching for her cell phone when she smashed into parked cars, injuring a 7-year-old boy.

• Texas — An unnamed man said he was trying to answer his cell phone when his vehicle slammed into a tree. His 10-year-old son received critical injuries in the crash.

• Utah — Utah State Police report that a man—identified only as a man in his 40's—rolled his vehicle on I-80 because he was trying to answer his phone.

• New York — 22-year-old Lance Homer had been drinking, looked at his cell phone to read a text message, and crashed his car on RT 48.

• Colorado — Police report that a trucker was distracted by his cell phone and hit a guard rail pushing it into traffic.

• Montana — Carol Fowler, 20, reached to pick up her cell phone which caused her vehicle to slam into and roll an oncoming van.

• Utah — Utah State Police report that a woman—identified only as a 64-year-old female—was so consumed in her phone conversation that she didn't even hit the brakes before slamming into a truck that was parked in the emergency lane of I-15. The woman suffered critical injuries.

• North Carolina — William Daniel Edwards, 59, was looking for his cell phone when his car sideswiped a parked car, drove across a sidewalk, then crashed into the front glass of a flower shop.

• Indiana — Thirty-three-year-old Amber Parsons was drunk and trying to send a text message when her vehicle left the road and crashed into a tree.

• New Hampshire — Jeremy Marcelonis, 22, suffered numerous injuries when his vehicle slammed into the back of a trash truck. It is reported that Marcelonis told police that he was distracted due to looking down at his phone.

Originally posted at InjuryBoard by Steve Lombardi

How many Iowa teens need to die before we increase the driving permit age?

Steve Lombardi — Tue, 15 Sep 2009 14:26:00 GMT

This past week I posted TEEN LOGIC: Why is a 15-year-old taxiing passengers on I-380 in Iowa?

That news article was an accident on I-380 involving three teens, the driver was 15-year-old. She was a permit driver on the Interstate taxing other teens from a volleyball game to get something to eat. Under the law none should have been out on the Interstate. This isn’t the first story we’ve seen lately about accidents in Iowa involving teen permit drivers and death.

Teen Driving at Time of Fatal Crash will Lose Driver's Permit

Investigation continues into crash that killed Marathon teen

If Teen Driving and Texting is Fun Why Is She Crying?

Girls roll van on I-380, parents all ask the wrong question

Is texting while driving really dangerous or are people exaggerating?

What is the problem with teen permit drivers?

Teens in Iowa can drive starting at age 14. They can drive to and from school or extracurricular activities. They violate the law by exceeding the law's limits. They put us at risk by using cell phones when they drive. When they text or talk on a cell phone they are as dangerous as drunken drivers.

The original reason for the law had to do with the fall harvest and farmers, wives included, needing to be in the fields rather than running kids back and forth to town for wrestling, basketball, baseball and football. Young farm teens were more experienced with driving and probably more level headed than today's urban youth with their cell phones. Farm kids drove tractors and other implements long before they were 14 so they had more experience with driving. Today's urban teens drive video cars and trucks, aren't getting exercise like farm chores that developed physical strength and a culture of safety. Times change and so should the law to accommodate safety issues.

We need to increase the permit age to 16, P-E-R-I-O-D! If you're in an accident and you were on your cell phone there needs to be an increased penalty besides a civil suit for damages. You need to lose your license for six months.

On a daily basis in West Des Moines I see no fewer than 10 distracted drivers with cell phones either talking or texting. Both are similar to drunken drivers. Now if on a daily basis we encountered 10 drunken drivers without further ado we’d make changes. So why do we allow texting teens to get away with it? Is the 14-year-old permit in urban areas the disease of lazy and uncommitted parents?

Now I know what the arguments will be but sorry I don’t buy any of them.

Originally posted at InjuryBoard by Steve Lombardi

What would a caveman bring to meet with the lawyer?

Steve Lombardi — Tue, 15 Sep 2009 11:00:00 GMT

The first topic I’m going to cover is one I see that many clients wonder about. They get ready for the first meeting with the lawyer and don’t know what to take with them to the lawyer’s first sit-down. Before I give you the answer let’s set it up with a discussion of what the client’s been doing before seeing the lawyer because many of you don’t come right in, rather you wait, and wait, and wait and then wait some more.

By the time most people get around to deciding it’s time to see a lawyer after being injured they’ve let weeks, months or maybe even a year go by. Some let almost two years go by and then decide in a panic that all this time they’ve needed a lawyer and then it’s “HELP!”. Usually we can help, but it’s not always easy after you’ve waited; so don’t wait, call a good lawyer and ask if you have a case and how to protect your case. But before making the call read this.

Why do you wait?

Most people wait to see a lawyer because they don’t want to be one of those people who just sue, you know like the lady did from McDonalds that was burnt by 180 degree coffee, you know the frivolous law suit. You see the idea behind the concept of the frivolous law suit was to make you hesitate in seeing a lawyer after you were injured. Because when you hesitate and let weeks, months or years pass by, evidence is slowly lost. And without evidence you can’t prove your case and that means you lose and the insurance industry wins. It really is that simple. (So simple that even a caveman knows it.)

http://www.youtube.com/watch?v=Zx9vW6lHDqY

You probably think I’m just another, what do adjusters call us, “blood sucking lawyers” trying to promote law suits. For today I’m going to let you make that assumption. Because it really is untrue and it really doesn’t matter what you think of lawyers. You see after you’re injured you need a lawyer and if you believe them and buy into the frivolous lawsuit mentality, they will win by default. And when they win that means, you guessed it, you just lost. It doesn't even matter how nice you are, even nice people lose cases by default.

Here I can prove to you that you are being fooled and made to look like a fool.

First, what do you think the judge will say after you’ve waited to see a lawyer whose job it is to gather to the evidence and your delay has allowed the insurance companies to destroy all the evidence? Do you think the judge is going to say, “Oh my you waited and didn’t run right in to see a lawyer. Congratulations you’re not one of those people filing frivolous lawsuits, so you win!” Not on your life honey, the Judge is going to say, “You should have seen a lawyer sooner; and because you have no evidence you lose.” And you’ll say, “That’s not fair!” Oh yeah it is fair, it’s the law.

Remember this point because even a caveman can.

http://www.youtube.com/watch?v=ghMa0rv_DF0

Okay some of you remain skeptical of my explanation. I can tell because many of you are really persuaded by the whole frivolous lawsuit concept. It’s really a fiction of Madison Avenue and those making a ton or money off of your premium dollars but why believe me why not take the lead from the guy I think is the best at investing your premium dollars, Mr. Warren Buffett. Most of you will recognize his name, just as you do Coke and Jesus Christ, he’s that popular, but he’s also a great value investor. And guess what his main investment is? You guessed it, GEICO Insurance. Now you hear that little voice in your mind, the one saying, “No way!”, well it’s yes way. Read any investment book and they will tell you owning an insurance company is a cash cow; sort of like owning trailer parks. Like the renters in a trailer park the policy holders of auto insurance (you) send in that monthly premium check like clock work. And then all you need to do is invest what you don’t spend on claims. And that’s a lot of money, so much money that they don’t like talking about how much. But they love talking about what a good investment GEICO has been to Father Warren.

So much that even a caveman would want to own an insurance company.

http://www.youtube.com/watch?v=zKPXvqBKs64

Let’s use Warren Buffett once more. Warren is the top dog at Berkshire Hathaway, the most expensive stock you can buy. And no, stick to the subject, he’s not Jimmy Buffett’s dad.

What do you think Warren Buffett would do if your car crashed into his at a controlled intersection and you were driving? Do you think Mr. Buffett would stand around for a year worrying about people thinking he was filing a frivolous lawsuit? Let me go out on a limb here, probably not. From the crash he’d probably get on his cell phone, make an appointment with his legion of lawyers and have them send one of those groveling associates right over to the accident scene to take pictures of the car and accident scene. Yes, even in Nebraska they sue. Imagine that!

Do they refer to Warren Buffett's legion of lawyers as blood suckers? Probably not.

Back to the meeting; you should bring to the first lawyer meeting all the paper, photographs, medical bills, doctor’s excuses and every other piece of evidence that Warren would bring with him to see his lawyer. We all know that by the time most clients see a lawyer they’ve worked really-really hard at screwing up the case. They’ve given a statement to the insurance company adjuster, didn’t get any photographs of the damaged cars or the accident scene and talked ad infinitum to the adjuster who, like he was trained to do, has worked diligently to make you wait patiently so that most of the evidence to prove your case has been eliminated.

Even a Caveman Knows You Need Evidence to Prove a Legal Case

http://www.youtube.com/watch?v=3S4jSTCeYqc

You adjusters right about now are probably flipping out, because I’m letting the secret out of the bag. Sorry ladies and gentlemen of the adjusting world. That’s life. You’ll all have to go back to adjusting-school to learn new tricks about how to maladjust cases. Or is it misadjust cases? Spell check doesn’t seem to like “maladjust”.

So back to Warren Buffett and his legion of lawyers who helped him win his not-so-frivolous law suit. After the collision those involved should take photos of the damaged cars; yes even the other guys. Open a file jacket and put into it your insurance card, a copy of your insurance policy, the insurance declaration page, photos of your damaged car, photos of the other guy’s damaged car, photos of the accident scene, doctor bills, business cards with the doctor’s contact information, doctor’s work excuses and releases, letters sent to you by the insurance adjusters, a copy of that statement you should never have given to the insurance company (we’ll save that for another day’s post), the car damage repair estimate, car rental bill, car storage and towing bills and any correspondence from anyone having to do with the collision/crash/accident or whatever else you want to call it. And yes, it’s certainly permissible to ask for a copy of whatever that friendly-now-not-so-friendly-later insurance adjuster has, like the recorded statement and photos of you car, etc.

Even a Caveman Can Adjust Claims

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

Question: What is Warren Buffett doing while you’re sitting there wringing your hands worrying about being the guy filing the frivolous lawsuit?

Answer: He’s probably counting the $37,000,000,000.00 he’s worth. That’s $37 Billion.

“Last year America's most beloved investor was the world's richest man. This year he has to settle for second place after losing $25 billion in 12 months. Shares of Berkshire Hathaway down 45% since last March. Injected billions of dollars into Goldman Sachs, GE in exchange for preferred stock last fall; propped up insurance firm Swiss Re in February with $2.6 billion infusion. Admits he made some "dumb" investment mistakes in 2008. Upbeat about America's future: "Our economic system has worked extraordinarily well over time.” See The World’s Billionaires, #2, Warren Buffett.

Follow this Injuryboard series on Being A Client; or as I like to call it, really dumb ideas that clients like to believe and that hurt their claim. Ideas that even a Caveman client doesn't believe.

The writers include: Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton.

Wayne Parsons started with the first post titled, I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers on September 14, 2009 - 3:59 AM EST.

Your Premium Dollars at Work – Heck even a caveman can do this.

http://www.youtube.com/watch?v=m9Dognr3BII

http://www.youtube.com/watch?v=CUzT3CWnFyM

http://www.youtube.com/watch?v=NaOZ4mXIh0c

Originally posted at InjuryBoard by Steve Lombardi