Des Moines Personal Injury Lawyer - Motorcycle Accidents

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

TBI Can Cause Personality Changes, Criminal Behavior

Steve Lombardi — Mon, 19 Oct 2009 10:09:00 GMT

On September 23, 2009, Bruce Mundy, riding a motorcycle was allegedly struck by Santos Vidal Rodriguez, age 26 who is reported to have been driving an SUV, according to the Des Moines Register. Santos Rodriguez and his brother Orlando David Rodriguez, age 23 left the Casey’s on Park Ave. allegedly without paying for $27 worth of gas. Both brothers are charged with second-degree robbery as well as vehicular homicide. Their Class C felony could result in up to 10 years in prison. If drugs or alcohol are found in the drug tests, which are still being run they could have up to 25 years in prison. It is being speculated whether Santos Rodriguez will be charged with an alleged role in the 1999 shootout in Des Moines (mentioned in the previous blog). Stay tuned for updates.

If this is true how does anyone make sense out of $27 worth of gas being worth the risk and all the damage it can cause? All I can say to those stealing gas, get a job. And don't tell me you can't find one. Make one by creating a business, mowing lawns, plowing snow, cleaning houses or offices; just work. The driver of the motorcycle has a HUGE civil lawsuit against the driver and probably the passenger who is alleged to be an accomplice in a criminal act that led to an accident and death of another person. I wonder if the driver was married and had dependent children.

Now all of that said there is a component to this case that will surely be explored in the criminal case: The driver's previous traumatic brain injury and whether it's caused a change in personality involving a lack of inhibition. That lack of inhibition is what can cause seemingly law abiding people to behave in ways contrary to the criminal laws. After a brain injury a person can have two types of changes: personality changes and a lower cognitive functioning. If someone you know suffers a head injury and then exhibits irrational behavior they may need evaluation and treatment.

Did this driver suffer a brain injury and a change in behavior? That's the question the defense team will have to explore.

How many people have TBI?

TBIs contribute to a substantial number of deaths and cases of permanent disability annually.

Of the 1.4 million who sustain a TBI each year in the United States:

50,000 die;
235,000 are hospitalized; and
1.1 million are treated and released from an emergency department.¹

Among children ages 0 to 14 years, TBI results in an estimated:

2,685 deaths;
37,000 hospitalizations; and
435,000 emergency department visits annually.¹

The number of people with TBI who are not seen in an emergency department or who receive no care is unknown.

For more information about TBI in the United States, including the groups at highest risk, CDC’s surveillance activities, and the numbers of TBI cases in each state, see Overview.

Originally posted at InjuryBoard by Steve Lombardi

Iowa Motorcyclists loses control and crashes in Mills County

Steve Lombardi — Tue, 06 Oct 2009 20:13:00 GMT

On September 27^th 2009 Charles Wagner was traveling southbound on 310^th St. in Mills County when he apparently lost control of the motorcycle he was driving and left the road overturning. While its unknown if he was wearing a helmet he was pronounced dead at the scene. Not many details are being given about what led to the loss of control and perhaps we will never know. We wish his family well during this trying time.

Originally posted at InjuryBoard by Steve Lombardi

Motorcycle Crash Caused by Sudden Deer Movement

Steve Lombardi — Sun, 04 Oct 2009 15:06:00 GMT

According the Iowa State Patrol accident report, on September 17, 2009 Harold Smith was driving his motorcycle with his wife, Colleen Smith at 7:38pm southbound on Highway 1. The vehicle in front of the motorcycle was hit by a deer which ran across the road. In order to prevent a collision with the vehicle, the motorcycle braked and ended up in the west ditch. Mr. and Mrs. Smith, from Fairfield, IA, were thrown from the motorcycle, and both were transported to the Van Buren County Hospital. Mr. Smith, the driver, was injured, and his wife died.

Originally posted at InjuryBoard by Steve Lombardi

Motorcyclist loses control and loses life, wear your helmet

Steve Lombardi — Fri, 02 Oct 2009 23:04:00 GMT

Originally posted at InjuryBoard by Steve Lombardi

Another Baby Boomer Motorcyclist Dies in Iowa

Steve Lombardi — Wed, 30 Sep 2009 22:15:00 GMT

Charles Wagner, 57 years old, was driving his Victory motorcycle in Mills County on Sunday afternoon when he lost control, swerved off the road, causing the vehicle to overturn, and killing him shortly after the crash, according to Iowa State Patrol records. Wagner was driving south on 310^th St. SB JSO Paddock Ave around 4:00pm. He was not wearing any protective gear. Receiving serious injuries he was pronounced dead at 4:24pm.

Follow the motorcycle posts by Steve Lombardi on the Injuryboard.

Motorcycle Accidents | InjuryBoard Des Moines A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, ...
desmoines.injuryboard.com/motorcycle-accidents/ - Cached - Similar -

Motorcycle Accidents | InjuryBoard Des Moines Two people were injured when the motorcycle they were on ran into a deer west of Craig. The collision occurred on Sunday night in Plymouth County. ...
desmoines.injuryboard.com/motorcycle.../most-popular/ - Cached - Similar -

Recovering Damages in a Motorcycle Accident | InjuryBoard Des Moines Yesterday I touched on the high numbers of motorcycle injuries and fatalities, which have been on a steady increase in recent years.
desmoines.injuryboard.com/motorcycle.../recovering-damages-in-a-motorcycle-accident.aspx?... - Cached - Similar -

Iowa Motorcycle News – Two dead and three in the hospital after ... A 50 and 51-year old couple died Saturday after the motorcycle they were riding on was hit head-on by a car being driven by Michelle Currier of Preston, ...
desmoines.injuryboard.com/motorcycle.../iowa-motorcycle-news-two-dead-and-three-in-the-hospital-after-separate-motorcycle-accidents... - Cached - Similar

Motorcycle Deaths - Iowa has less than 5 per 10000 registered ... After 26 years of practicing law in the personal injury area I feel comfortable saying that motorcycle wrecks and accidents that cause traumatic brain ...
desmoines.injuryboard.com/motorcycle.../Motorcycle-Deaths---Iowa-has-less-than-5-per-10000-registered-bikes.aspx?... - Cached - Similar -

Illinois motorcycle helmets remains voluntary | InjuryBoard Des Moines Apr 9, 2009 ... The Illinois Senate has rejected a mandatory helmet plan for those riding on a motorcycle. This is one of the more frivolous legislative ...
desmoines.injuryboard.com/motorcycle.../illinois-motorcycle-helmets-remains-voluntary.aspx?... - Cached - Similar -

Iowa Motorcycle Helmet Law - A Choice To Protect Your Brain ... Steve Lombardi lists many of the recent motorcycle accidents and their apparent causes. While Iowa remains a personal choice state for wearing a helmet, ...
desmoines.injuryboard.com/motorcycle.../iowa-motorcycle-helmet-law-a-choice-to-protect-your-brain.aspx?... - Cached - Similar -

Motorcycle, helmets, cell phones and text messaging usage under ... Motorcycles, helmets, cell phones and text messaging in the sight of Arkansas Legislature to limit cell phone usage while driving, ban text messaging and ...
desmoines.injuryboard.com/motorcycle.../motorcycle-helmets-cell-phones-and-text-messaging-usage-under-review-in-arkansas.aspx?... - Cached - Similar -

Daniel Christ Dies In Wisconsin Motorcycle Accident | InjuryBoard ... According to the Iowa City Press Citizen, Daniel D. Christ, president of the Iowa City chapter of BMW Motorcycle Owners of America, was heading home from a ...
desmoines.injuryboard.com/motorcycle.../daniel-christ-dies-in-wisconsin-motorcycle-accident.aspx?... - Cached - Similar -

Motorcycle Safety: There is more to this Dubuque motorcycle ... Only 19 and with a promising career as a nurse the death of Miss Martin raises several questions one of which is why the motorcycle on which she was a ...
desmoines.injuryboard.com/motorcycle.../motorcycle-safety-there-is-more-to-this-accident-then-meets-the-eye.aspx?... - Cached - Similar -

Originally posted at InjuryBoard by Steve Lombardi

Is the driver always liable?

Steve Lombardi — Tue, 22 Sep 2009 13:43:00 GMT

A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, it’s unclear who was driving it, went into a Madison County ditch after losing control. The news report states the bike flipped over. The two riders were 27 year old Joshua Williams and 24-year-old Dezerae Songer. A bike flipping can’t be much fun; everyone is going flying in whatever direction physics takes them.

There is nothing reported that gives any indication whether or not they were wearing helmets or other protective clothing or equipment. Of course we don’t know who the driver was, but many will ask if the driver is always liable for the passenger’s injuries and the answer is no. Liability depends on doing something that isn’t considered reasonable or a violation of the rules-of-the-road. The reasonable man standard can be any number of things including not paying enough attention, fooling around, not watching out ahead, driving recklessly or drinking and driving. Of course all roads have speed limits and lanes to be obeyed. And that’s where the rules-of-the-road comes into play. Not obeying the rules, Iowa‘s driving rules, is a basis for negligence.

With that said it's as important to follow the laws of physics as it is to follow the rules-of-the-road.

Originally posted at InjuryBoard by Steve Lombardi

Motorcycles and deer don’t mix

Steve Lombardi — Thu, 17 Sep 2009 14:01:00 GMT

Two people were injured when the motorcycle they were on ran into a deer west of Craig. The collision occurred on Sunday night in Plymouth County. The report describes the riders being on K-22 near the intersection of C-12 when the deer suddenly came into their path causing the crash.

Both the driver, Todd Popken, 43 and the rider, Tammy Popken, 41 were taken to the hospital. I’m not sure there is any good way to hit a deer while driving a motorcycle. But knowing when it’s more likely to happen and wearing protective gear are good ideas. First these two people were said to be wearing helmets and other protective gear, a small detail that likely saved their lives. Second, deer tend to become more active, to move, at dawn and dusk. So be on the lookout. As fall approaches and the corn is taken in during the harvest they will become more active as the corn fields where they hide are harvested. Be on the look out and drive slowly.

I wonder if those little deer whistles people place on their car and truck bumpers would work for motorcycles. If you try it and it works, let me know. Leonard Askham, former WSU Associate Professor and research scientist says these animal-deer warning devices don’t work. Roy Truelsen, The Internet BMW Riders agrees, see, Deer Whistles, They Don’t Work!

On this video, the expert has a Boston hat on, so he must know what he’s talking about.

http://www.youtube.com/watch?v=_l4F9vrmtQQ

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

Originally posted at InjuryBoard by Steve Lombardi

What causes washboarding on Iowa's farm to market roads?

Steve Lombardi — Wed, 02 Sep 2009 14:20:00 GMT

On August 14^th 2009 Terry Hagen was headed eastbound on a gravel road when he lost control of his motorcycle, hit the guide wire in the ditch and was thrown from his motorcycle. Mr. Hagen died as a result of the injuries suffered in the accident. There is no word on whether he was wearing a helmet.

Gravel roadways in rural Iowa present much different challenges than do paved roads. First of all most of those gravel roads were constructed as farm to market roadways, meaning they were for heavy agricultural equipment with tires much larger than a motorcycle tire. Agricultural equipment tires on gravel can cause deep ruts or what I describe as sort of a rock stream bed with high sides, from where gravel has been pushed aside by the wide tires. After the rut in created a smaller tire can be forced in a direction not intended, thus causing a loss of control with a result similar to the one with Mr. Hagen.

Counties grade these roads on a regular basis, or at least are supposed to. One problem that regularly occurs is referred to as corrugation or “washboarding”. Washboarded gravel produces an uncomfortable ride and can lead to the same loss of control or having less control of a car or motorcycle. Like the surface of a washboard the gravel surface has a series of smaller ridges perpendicular to the tire’s direction causing the car or cycle to vibrate and skip as it moves over the washboard.

What causes washboarding? According to the Road Management & Engineering Journal, Preventing Washboarding, June 2000, there are several known causes.

There are several conditions that cause or aggravate washboarding on county gravel roads.

1. Lack of moisture. Rainfall reduces the occurrence of washboarding.

2. Traffic including hard acceleration or braking aggravates the condition.

3. Washboarding is most likely to occur at intersections. Cars stopping or starting can aggravate washboarding, making it far worse. Like moguls being created and moving down a ski slope washboarding is a collectively created phenomena.

4. Poor gravel quality.

What does this mean to us about how to know if we are likely to encounter washboarding on gravel roads? This tells us a great deal about how we might change our driving habits to avoid losing control of a car or motorcycle and being in an accident.

Watch the rainfall and know that if there hasn’t been a lot of rain you’re more likely to encounter washboarding. If you don’t know the recent rainfall history you can still get some idea of what the weather has been like. Look in the ditches and farm fields for standing water; if no standing water and the dirt looks dry then rain probably hasn’t fallen, meaning you’re more likely to encounter washboarding.

Second, as you approach intersections assume there is washboarding. Better safe than sorry. This means you should slow down well before the intersection ahead.

Third, slow down.

Lastly, most people won’t know the difference between good and “bad” gravel, so just assume it’s all bad gravel and drive cautiously.

For a a photo of washboard, follow the link.

One last thing about this accident doesn’t indicate to me washboarding had any effect. The diagram shows Mr. Hagan pulling away from an intersection after turning from S-14 onto 290^th Street. Was it a deer or something else that caused him to lose control? We don’t know.

Originally posted at InjuryBoard by Steve Lombardi

Crotch Rocket Speeding 188 MPH Still Under the Radar of Tort Reformers and the U.S. Chamber

Steve Lombardi — Tue, 11 Aug 2009 12:59:00 GMT

We’ve got another high-speed chase involving a motorcycle, or crotch rocket as they are famously called. Do you remember this post? It described a news article about a Yamaha YZF-R1 motorcycle being clocked in the Cedar Rapids area at over 164 mph. Read the story if you need to but I’ve given you the gist of the idea.

YAMAHA and the ATRA might ask: Why are there so many personal ...

... According to Motorcycle Magazine, here are the specifications: TECH. Price. ... Single Soqi shock with adjustable spring preload, high/low-speed compression and ... 101k

Today we have another one; in this one a 36-year-old was spotted by troopers in I-29 near Missouri Valley and then on I-480 and then on I-80 in Omaha. The biker was clocked at 188 mph.

So what is my point? We talk about tort reform and we hear there are too many lawsuits but we don’t hear about corporate responsibility. Why sell a street bike that can’t legally drive this fast and that endangers other drivers and pedestrians?

Why talk about individual responsibility without coupling it with corporate responsibility?
If the corporation didn’t see a street bike that could drive 200 M.P.H. drivers wouldn’t be able to endanger people’s lives.
So why take away the innocent citizens right to receive adequate compensation or to bring a claim when they do?
And where is the American Tort Reform Association, the U.S. Chamber of Commerce and their public salesmen for corporate America with reprimanding the manufacturing industry? Why do these organizations selectively pick on the injured? I guess you’ve have to ask them.

Tort reforms that go after the innocent driver by making it tougher to collect or to sue just make it easier for the guy driving the street bike almost 200 mph.

It all makes little sense to me.

Originally posted at InjuryBoard by Steve Lombardi