Des Moines Personal Injury Lawyer - Motorcycle Accidents - Most Popular

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

Illinois motorcycle helmets remains voluntary

Steve Lombardi — Wed, 08 Apr 2009 16:23:00 GMT

The Illinois Senate has rejected a mandatory helmet plan for those riding on a motorcycle. This is one of the more frivolous legislative efforts by the State of Illinois Legislature. The research on traumatic brain injury (head injury and TBI) proves just how foolish it is to allow those riding motorcycles to do so without a helmet.

Iowa, Illinois and New Hampshire continue to allow motorcyclists to ride without helmets. Iowa and Illinois should know better. New Hampshire is just trying to live up to its state motto: Live Free or Die. Yeah I suspect they are doing just that on New Hampshire highways.

Failing to pass a mandatory helmet law is really an amazing feat. When you consider the states suffering financial hardship and wanting to decrease medical care expenses for the various state and federal programs; having no helmet law is incredibly irresponsible. This is legislative short sighted pandering to a few motorcycle riders who shouldn’t have any clout with the legislature.

I could see failing to pass a mandatory helmet law if there was a higher insurance requirement for anyone not wanting to wear a helmet. But there isn’t in Iowa. Iowa law doesn’t require a person to have private health insurance or medical pay coverage on their auto policy. Casualty insurance limits are a paltry $20,000 per person, $40,000 per accident and $15,000 for property destroyed. ( Motor Vehicle Financial Responsibility Law – 321A.1(11) That law hasn’t changed since January 1, 1983.

Iowa Code – Motor Vehicle Financial Responsibility

321A.1 Definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

….

11. Proof of financial responsibility. Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in amounts as follows: With respect to accidents occurring on or after January 1, 1981, and prior to January 1, 1983, the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of ten thousand dollars because of injury to or destruction of property of others in any one accident; and with respect to accidents occurring on or after January 1, 1983, the amount of twenty thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one accident.

And the costs of a motorcycle accident without a helmet increase the chances of suffering traumatic brain injury. The University of Iowa just completed a study.

JAMA -- Abstract: Motorcycle helmet-use laws and head injury ...

Motorcyclists live Better longer: Prevent traumatic Brain ...

Add increased deer population and the single motorcycle collisions become a fact of life. Throw in some alcohol and the numbers increase further. Then there are driving distractions of the other drivers choosing. There are distractions involving GPS navigation, DVD players, cell phones, text messaging along with iPods. Each of these electronic devices can and do cause driver distraction. Children cause distractions and the risks of not seeing a motorcycle and striking one increase further. Fault aside the risks of being in a motorcycle accident are far and away one of the most dangerous of all motor vehicle collisions.

Motorcycles and Deer Don't Mix in Iowa, S.Lombardi September 24, 2007

I have no intention of standing on a soap box to preach individual freedoms like most personal injury lawyers will do. I like my clients too much to pander to popular opinion just to get a few personal injury cases. If as a rider you’re angry with me for taking the opposing view than you aren’t being realistic about the risks of injury.

Iowa Motorcycle Helmet Law - A Choice To Protect Your Brain, S. Lombardi August 21, 2008

Helmets are a proven, low cost and effective way of combating brain damage. If the legislature won’t step in then riders need to protect themselves and voluntarily wear a helmet.

2. Motorcycle helmets

Countermeasure	Effectiveness	Use	Cost	Time
2.1 State motorcycle helmet use laws	Proven	Medium	Low	Short
2.2 Helmet law enforcement; noncompliant helmets	Unknown	Unknown	Low	Medium
2.3 Helmet use promotion programs	Unknown	Low	Varies	Medium

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

Solon Motorcycle Crash with Deer Kills Passenger

Steve Lombardi — Mon, 28 Apr 2008 09:09:00 GMT

A motorcyclist lost control after attempting to avoid colliding with a deer. The passenger died in the ensuing collisions. Here is what the Press Citizen reported:

“A motorcycle crash Wednesday morning near Solon has left one person dead and another injured.

According to the Iowa State Patrol, Michael A. Redlinger, 32, of Olin, was driving his motorcycle near Sugar Bottom Road and Indian Trail around 6 a.m. Police said Redlinger swerved to miss a deer and lost control.

His passenger, Bethany S. Redlinger, 32, of Olin was killed in the crash. Redlinger was transported to University Hospitals. The Iowa State Patrol still is investigating the crash.”

My only questions is, helmet or no helmet? Pro-choice advocates are fond of pointing the finger at the other driver who they claim need driver education. But as in this instance there isn’t always another driver. Deer are one of the leading causes of motorcycle crashes not just in Iowa but many states. They occur with regularity in Ohio , California , and Nebraska as well as in Iowa .

Be safe and make a choice about helmets that you can live with for the rest of your life.

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

Motorcycles, Helmets, Wrecks, Brain Damage and the Freedom to be Stupid

Steve Lombardi — Tue, 22 Jan 2008 10:00:03 GMT

Requiring motorcycle owners to buy medical and disability insurance that will pay for their freedom - currently at the general public's expense - is an excellent idea. And, if they get caught riding without a helmet and the necessary insurance coverage, then take away their right to ride and hit them with a very high fine. Make it painful. Very painful.

We need to remember that there is no free lunch. Any freedom can cost society when exercised in an irresponsible way. Motorcyclists who are involved in wrecks and not wearing helmets account for a large number of victims suffering debilitating brain damage. In a society that wants maximum freedom from government intervention but also wants no patient left behind there is the perfect storm. On the one side of this argument are the motorcycles riders who say don't tread on my freedoms. Allow me to ride as I wish without taking away my right to choose whether or not to wear a helmet. That argument appeals to most as the true spirit of America. And the argument might die there if it weren't for the enormous costs associated with caring for brain damaged victims.

This issue isn't about whether or not the rider is at fault or is losing any freedom. Plain and simple it's about economics. Because of the call for universal health insurance society will have to find ways to cut costs. Like user fees those who assume certain levels of risk will be asked to pony up in the form of higher insurance premiums. It's an either or situation. Either assist in the cost or stop assuming the higher risk.

On the other side of any motorcycle wreck we see well-intentioned car or truck drivers without sufficient insurance coverage for the catastrophic injuries that can follow a motorcycle wreck. Putting fault aside, the costs associated with taking care of a brain damaged patient will sooner or later trump the call for less government and more freedoms. The tab for medical care has to be picked up by someone irrespective of fault issues. And that's the confluence of this perfect storm. Don't tread on my rights is also the chant of the other side; meaning don't dictate high insurance limits for car and truck owners just for the privilege of driving on public highways. The current minimum limit is $20,000.00 per person $40,000.00 per accident. This is a ridiculously low dollar amount of coverage when you consider that a few broken bones can cost $100,000.00 in medical expense and wage loss. So what is the answer?

For those who do carry more than the minimum limits and don't expose themselves to brain injury from not riding without a helmet they deserve to not have their rights tread on with higher taxes to pay for those who don't and suffer a brain injury. I believe the answer lies in letting people pick their poison. Allow any motorcycle owner to opt out of having to wear a helmet by meeting higher, much higher limits of underinsured and uninsured insurance coverage for disability and medical costs associated with an accident. Require motorcycle owners to buy medical and disability insurance that will pay for their freedom - currently at the general public's expense. And, if they get caught riding without a helmet and the necessary insurance coverage? Then take away their right to ride and hit them with a very high fine. Make it painful. Very painful.

As for the other users of the public highways, make everyone raise their insurance limits to $250,000.00. It makes perfect sense. Cars and trucks are lighter and are capable of ever higher speeds. In Iowa we don't inspect cars for safety so many people drive with cars that are unsafe for the public thoroughfare. The increasing number of accidents we see because of text messaging and cell phone usage while driving is a risk no less certain to lead to injury than riding a motorcycle without a helmet. And it is that risk that is being covered through financial accountability.

Oh we'll hear all about how it's un-American to take away another "right". We will certainly hear that it's "unfair" to impose upon their "freedom". But that should not be persuasive, because we need to keep in mind that rights without responsibility is chaos.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

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

Iowa Motorcycle News – Two dead and three in the hospital after separate motorcycle accidents

Steve Lombardi — Mon, 25 May 2009 22:10:00 GMT

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, Minnesota. Miss Preston is reported to be 38-years of age. The location of this collision was Iowa Highway 139 south of Kendallville, Iowa. The Wiercks are from Fairbank, Minnesota. There is no Iowa State Patrol report and facts sufficient to determine fault was not available. Neither the report from the Des Moines Register or WQOW was specific enough.

[Update: The Iowa State Patrol indicates the Currier vehicle crossed the center line.]

Kendallville, Iowa is in Winneshiek County. It appears to be an extremely small rural Iowa community.

Kendallville, Iowa 52136 is very small, and sets at the junctions of Iowa Highway 139, 347th Street and 324th Avenue. It’s fairly close to the C. Baker County Park at Bluffton. The accident location appears to be about 6 miles south of the Iowa-Minnesota border.

In another motorcycle accident a 20-year-old Knoxville man had to be airlifted to a hospital after his cycle ran into the back end of a car. It’s reported he wasn’t wearing a helmet and suffered trauma to his head and back.

In a third motorcycle crash the passenger apparently suffered severe head injury when the motorcycle she was riding on crashed in rural Fulton, Illinois. The passenger was airlifted to the University of Iowa Hospitals and Clinics in Iowa City, Iowa. The driver was taken by ambulance to a Mercy Hospital. There is no report on their names or whether either was wearing helmets. Fulton, Illinois is in Whiteside County. This collision is reported by WQAD.

Originally posted at InjuryBoard by Steve Lombardi