Des Moines Personal Injury Lawyer - Accidents

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Steve Lombardi — Thu, 26 Nov 2009 10:33:13 GMT

David Cato, 19 who plays defensive back for the Iowa Hawkeyes and Ter’ran Denton, (sic) 19 a defensive back from the Iowa State Cyclones were driving on I-35 south of Purcell at 10:00 a.m. on a Sunday when the car they were in rolled after coming in contact with a semi-truck. According to the news report the trooper has the 18-wheeler being nudged before rolling and striking the embankment on the west side of the Interstate Highway.

Both Cato and Denton were wearing seatbelts. Both required medical care and treatment. It appears the most seriously injured was Denton, the Iowa State Cyclone, who was transported to the Norman Regional Hospital for a head injury. There is no indication if he suffered from traumatic brain injury or how serious and extensive his head injury.

David Cato is listed on the Iowa Hawkeye Football team roster as a sophomore defensive back from Arlington, Texas. He is listed as second on the depth chart behind Sash.

David Cato

So.

5-11/205

Arlington, TX (Summit)

Ter’ran Benton is listed on the Cyclones roster as also from Arlington, Texas and a defensive back in his sophomore year. The roster has his last name as Benton not Denton.

Benton, Ter'ran

6-0

197

So.

Arlington, Texas (Summit)

Read Lombardi on The Verdict.

Hawkeye Cato and Cyclone Benton involved in I-35 Collision in Texas...
Posted on 11/26/2009

I-35 Texas Car Accident Involves a Cyclone and a Hawkeye Football Player

Originally posted at InjuryBoard by Steve Lombardi

Texas Tandem Bicyclists Killed

Steve Lombardi — Thu, 22 Oct 2009 10:59:00 GMT

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

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

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

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

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

Distracted Driving - Did a DUI by video really kill two people ...

Oct 19, 2009 ... It's being alleged that Mr. Reddick was steering with his knees while ...
www.lombardilaw.com/.../distracted-driving-did-a-dui-by-video-really-kill-two-people.cfm -

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

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

http://www.youtube.com/watch?v=tbroNClq7l4

http://www.youtube.com/watch?v=DvWJsxI8Vz4

Originally posted at InjuryBoard by Steve Lombardi

Should drivers with macular degeneration stop driving?

Steve Lombardi — Wed, 21 Oct 2009 13:13:00 GMT

Should Paul McKinney, the driver of the fatal hit and run accident last month, be allowed to keep his license? According to the Department of Transportation Mr. McKinney is innocent until proven guilty and will be able to do just that. Scott Falb a spokesman with the Iowa Department of Transportation elaborated saying that, “You don’t revoke a license unless you have something actionable”. Mr. Mckinney is charged with leaving the scene of a fatal accident and obstruction of prosecution by destruction of evidence. Both Mr. Falb and Mr. McKinney’s sister said that he had vision problems including not being able to see out of his left eye, with Iowa Department of Transportation records showing that his vision in the left eyes is less than the 20/100 and a sister saying he has a condition known as macular degeneration.

While I agree that we should be considered innocent until proven guilty don’t we also need to take into consideration the safety of other citizens along with Mr. McKinney himself? Shouldn’t Mr. McKinney at least be required to take some sort of test to see if he is able to drive without putting us at risk? Perhaps the McKinney's could make a statement limiting his driving. The public needs to know that common sense is a part of any decision being made.

Originally posted at InjuryBoard by Steve Lombardi

Stop, Look and Listen – Hear that train a coming!

Steve Lombardi — Tue, 20 Oct 2009 07:00:09 GMT

One more train-car collision that killed three people; including a 2-year-old, a 12-year-old and a 17-year-old in Macomb, Mississippi. The children were two boys and a mother young woman was killed. She was 17. The young man, another 17-year-old was in critical condition and taken to the hospital. The train was heading to Chicago from New Orleans. The car and train collided even though witnesses identified the sound of the train’s horn blowing as it approached. Apparently the car didn’t stop. No more detals were reported.

Distracted driving kills more people than you can imagine.

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

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

More Motorists Die on Rural Roads than Highways

Barbara Tubridy Lombardi — Fri, 09 Oct 2009 16:05:00 GMT

More Motorists Die on Rural Roads than Highways

South Carolina is leading the nation with 95% of their traffic deaths last year (2008) occurring on rural roads. Montana is close behind with 92% of their traffic deaths occurring on rural roads.

The report from the National Highway Traffic Safety Administration shows that more Americans die on lonely country roads than congested and hostile urban ones. “There are more crashes in urban areas, but fewer of them result in fatalities,” says Lee Munnich, director of the Center for Excellence in Rural Safety at the University of Minnesota.

Even in Massachusetts, which has the lowest percentage of rural fatalities, there are more rural deaths per 100 million miles traveled than urban fatalities.

Why is this? Key reasons include, people drive faster on rural roads, rural roads are not as well engineered as urban roads, and behavioral differences including drunken driving and less use of seat belts in rural areas. On top of these factors, critical emergency care takes longer to arrive at rural crash sites. In Montana, the average response time for emergency medical rescue is 80 minutes compared to 15 minutes in Massachusetts.

In South Carolina, 80% of that state’s road deaths involve alcohol. Shame on you South Carolina! Of the 95% of total deaths on these roads, only 15% DO NOT involve alcohol, a sobering statistic. Of course we can't congratulate those dying while sober.

Many states are responding to the rural road accident problem by installing rumble strips, grooves, and raised patterns to alert drivers that they are leaving the pavement. I'm not sure this will help the drunks awaken in time to keep the shiny side up. In Montana, approximately 75% of their rural crashes are single vehicle crashes. They are installing under and overpasses to allow animals a clear path to cross the roads; another major cause of single vehicle crashes in rural areas.

The next time you are driving in a rural area, stay alert, drive the speed limit, and be aware of drivers around you. One other thing, wear your seat belt and don't drink and drive! Drugs and drunken driving are costing us all way too much grief.

http://www.youtube.com/watch?v=TghB2I9XYCI

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Why are there so many lawsuits?

Steve Lombardi — Fri, 25 Sep 2009 16:17:00 GMT

It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem.

On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380 when she lost control of the van she was driving went onto the median and flipped. Rachel Stewart and one of the other passengers, Rachel Peterson, were both hospitalized while a third passenger 16 year old Alyssa Benedict from Tiffin died as a result of the injuries suffered in the crash. Benedict and Peterson were not wearing their seatbelt, but the real question is why a 15 year old is driving without a parent present and on the Interstate Highways in Iowa. Answer that question and you’ll have the answer to the right question.

Wrong Question: Why are there so many lawsuits?

Right Question: Why are there so many injuries?

Tort reformers have no intention of every solving the problem of why there are so many injuries or lawsuits. If they did it would eliminate their cash cow and way of increasing the bottom line in corporate America without giving us a job. No sir-ee, instead they want it to continue so they have a continuous flow of cash contributions and a job. After all they can’t do anything else that produces a product or protects a life. So why not pick on those that can. No, they ask why there are so many lawsuits because they don’t want to reduce the number of injuries and deaths. Because if they did want to solve the problem, they would ask the right correction.

Originally posted at InjuryBoard by Steve Lombardi

Seniors: When it comes to a drivers' license, how old is too old?

Steve Lombardi — Fri, 18 Sep 2009 09:16:00 GMT

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

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

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

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

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

According to the Des Moines Register:

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

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

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

http://www.whotv.com/videobeta/watch/?watch=e97bf4db-82e0-4cb1-bb8b-340c10da9616&src=front

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