Des Moines Personal Injury Lawyer - motorcycle

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

Pedestrian killed by Metrobus in DC, Not an isolated incident

Steve Lombardi — Thu, 12 Nov 2009 13:40:00 GMT

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was hit by another Metrobus driving in the same direction; a bus which came up along the side. The D.C police said she was at the Mount Olivet Road stop between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.” They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

Pedestrians too have an obligation to use heightened safety measures. When walking the city streets have your head on a swivel; meaning, look all around you as you step into the street. Stop before you step off the sidewalk into the street. Look both ways several times. We are all in a hurry, or so it seems. Many people seem distracted with this economy and the mess Wall Street and Washington have created for those who don’t get multi-million dollar bonuses and “campaign contributions”. Most of the people who work for enough just to pay the rent and to put food on the table are most likely depressed. But raise your head up and look carefully before you step into the street, because the bus drivers are more like you and I then the Wall Street crowd; and they too are just as distracted.

And remember the words of Michael Conrad just before he sent his troops out on the streets

http://www.youtube.com/watch?v=T2QApwtE8zQ

Originally posted at InjuryBoard by Steve Lombardi

Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.

Steve Lombardi — Wed, 11 Nov 2009 10:48:00 GMT

Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Benton County, Iowa - KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

Jefferson County, Iowa - In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street

occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

If we are in a recession I'm not seeing it. If you need help or have questions with your insurance claim call us at the Lombardi Law Firm, we've done this for 30 years.

Originally posted at InjuryBoard by Steve Lombardi

Why might a pedestrian not realize a garbage truck is backing?

Steve Lombardi — Sat, 31 Oct 2009 14:08:00 GMT

When we receive real life examples of how personal injury accidents occur sometimes we post them as a Q&A. In this instance see how easily you can become victimized by injuries in which you had no part in creating.

QUESTION: Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off!

I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working.

I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem!

Thanks so much, Sarah

ANSWER: Hi Sarah, thank you for the excellent question. I'm happy to answer it. Yes there are laws that require companies with trucks manufactured with back-up alarm systems to maintain them. The truck isn't supposed to be put back into service until the rear-warning device is repaired and fully operational. You're right on the money. They will certainly have to pay for your car. And your boyfriend should thank his lucky stars he wasn't killed. Tell him it will make him a wiser juror and more understanding father.

Steve Lombardi

Here's an example of a garbage truck accident with a pedestrian. In this instance the pedestrian is a fellow worker of the truck's crew.

http://www.youtube.com/watch?v=eAbM6OR-V40

To read more about these types of accidents visit our blog The Verdict.

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Originally posted at InjuryBoard by Steve Lombardi

10 Reasons Why People Get Injured on I-35 in Iowa

Steve Lombardi — Sat, 31 Oct 2009 08:05:00 GMT

I’m going to step out of line today and answer this question about why clients get injured while using I-35 (or I-80) while traveling through Iowa. I could probably answer this question equally well, well maybe, for Minnesota, Missouri, Oklahoma or Texas but I’ll leave that to Brooks Scheulke, Mike Bryant, Noble McIntyre or Jeremy Thurman to do since they know those states better. Iowa’s intestate is mostly flat, but some rolling hills. From the north to the south I-35 is pretty straight and all four lanes. In central Iowa it jogs around Des Moines and becomes a part of I-80. Once you get to the south end of that loop you’re almost out of West Des Moines and I-80 separates off and heads west to Omaha, Nebraska. From there it’s a straight shot through to Missouri.

I’ve been studying the cause of accidents along I-35 for the better part of thirty years and although I’m not capable of naming all the reasons there are several that stick with me as a personal injury lawyer.

1. Alcohol related – driving while under the influence of alcohol or drugs.

2. Speed – driving too fast for the conditions, those conditions include weather and construction zones.

3. Distracted driving – driving while using a cell phone, an iPod, controlling the kids, eating, pets, arguing or any of the myriad of distractions that form a part of the epidemic of driver distractions.

4. Look out – driving without looking where you’re going and I mean paying close enough attention and focusing your attention to changing conditions.

5. Anger management issues – this one I’ve seen more and more of on the Interstate 35 and 80. Road rage is a popular term that doesn’t quite describe what this one is about. I say that because it makes pissed off drivers sound like they have an uncontrollable disease; when in fact it’s all controllable. Even women suffer from it although I suspect men allow anger management issues to creep into the driver’s seat more often.

6. Deer – OMG! It’s a deer. Yup this is Iowa and when the crop starts coming out of the field so goes their habitat and they must keep moving. Deer are more active at dawn and dusk so watch closer during those times. Especially you who are on motorcycles.

7. Being in a hurry – especially around the cities of Des Moines, West Des Moines, Urbandale, Clive, Waukee, Ankeny, Cedar Rapids, Iowa City, Davenport, Council Bluffs, Waterloo and Cedar Falls we have people using the interstate system for inner city travel. There’s nothing wrong with it but it does add cars, trucks, motorcycles, delivery vehicles, lawn car trucks and all those other errand types of traffic that seem to add clutter with people in a hurry. Being in a hurry is no excuse for not being courteous, thoughtful, mindful and realizing that you’re now on the Interstate highway system. So slow down and use other roads if you can.

8. Inexperienced or youthful drivers – You know everyone sees these kids and younger adults driving. We rent parking spaces to high school students and their cars are always so easily spotted. There are a million dangly things hooked onto the rear view mirror, that block the view out the windshield. The driver’s head is down many times because they are texting. Many times there are a bunch of them in the car and that youthful exuberance seems to get everyone talking at once and heads bobbing to the conversation. Since many know they aren’t following their parent’s rules they are always looking around furtively hoping you’re not their PARENT! Anyway you know it’s true and you’ve seen them violating most of these rules of the road.

9. Not thinking – drivers forget when they get to a construction zone that they need to adjust their attitudes for the changing conditions. The drop in speed limit isn’t just a suggestion. Those road crew workers aren’t crash test dummies; they are real people that actually die if you strike them. Road workers can’t always be watching you so get as far over and away from their area as you can. When you see a road crew, the sign should give that away, adjust your attitude to slow down, pay more attention, look for the crew members and get out of the hurry-up mode.

10. Fatigued semi-truck drivers – truck drivers are being used by transport companies to fill-out phony logs and we all know it. They will deny it and say I don’t know what I’m talking about. When the truckers are in an accident, and this doesn’t apply to them all, many have phony log books that cover for the company they work for. If you want to keep your job as a truck driver you have to make the delivery on time or else it’s see-ya-time.

Here in Iowa we don’t have a tourism industry like they do in Florida but people still travel through Iowa on I-35 to visit Prairie Meadows to gamble, the Iowa Barnstormers, and the Iowa Cubs, on their way to Ames to see ISU play or on their way to Iowa City to see the Hawkeye football teams. They travel to attend schools at the major colleges like the University of Iowa, Iowa State University, Northern Iowa, Drake University, Des Moines University Medical School, Palmer College of Chiropractic in Davenport or Kirkwood in Cedar Rapids. People travel to all the major hospital systems like Iowa Health, Mercy Medical Center, McFarland Clinic or the University Hospitals and Clinics. And of course 1 million people travel into central Iowa every year to visit the Iowa State Fair. To visit family, friends or to just attend the Des Moines Metro Opera there are as many reasons to travel as there are people.

Be careful when you travel and pay attention. The life you save may be your own. And if you’re in an accident while in Iowa, even if you’ve traveled from one of our sister states call the Lombardi Law Firm for assistance. We are happy to work with your attorney from your home state.

And for fun today, here’s the Husband Calling Contest, which I’ve never seen or heard!

http://www.youtube.com/watch?v=VOV7R_PT1Wg

Series on I-35 (I-80) Travel from Texas to Minnesota

Steve Lombardi, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266

Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Noble McIntyre, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Jeremy Thurman, 1300 S. Meridian Ave. Suite 501, Oklahoma city, OK. 73108 | ph: 405-917-5200

Schuelke, C Brooks, 1717 W 6th St # 375, Austin, TX (512) 476-4944

Mike Bryant, 1505 Division Street | Waite Park, Minnesota 56387 | T: 320.259.5414 | F: 320.259.5438

Originally posted at InjuryBoard by Steve Lombardi

Chicago Woman Pedestrian Struck by Distracted Driver

Steve Lombardi — Fri, 30 Oct 2009 23:25:00 GMT

I love downtown Chicago. Over the past two years I've spent several weeks at the Guest Quarters and walked every morning to De Paul's conference center for classes. But really I've been following Chicago pedestrian-car collisions and it's a nightmare. Being a pedestrian in Chicago is a dangerous way to travel if your head isn't on a swivel.

Here is the report from the 24-7 Press Release article released October 7, 2009, the settlement for a personal injury case of $2 million. Marla Gray-Moores, who worked at Startbucks in the Loop of Chicago, was walking in the cross-walk at the time of the pedestrian crossing light when struck by the car driven by Kevin Hwang. Hwang was on westbound Randolph turning left onto southbound Clark while talking on his cell phone, and hit Gray-Moores. He said he did not see her until she had already hit the front of his car. Hwang’s ex-girlfriend was in the car and warned him of the woman but testified that he did not listen to her warning.

Gray-Moores was brought to Northwestern Memorial Hospital, and then had “a fusion at L5-S1 performed by Dr. Christopher Bergin at Oak Park Hospital.” She has since moved to Wisconsin.

It is reported that in court Gray-Moores was “granted leave to seek punitive damages at the time of trial and Mr. Hwang provided pertinent personal financial information for use at trial. Settlement discussions accelerated at that point and Mr. Hwang's $2,000,000 umbrella policy was tendered.”

Originally posted at InjuryBoard by Steve Lombardi

D.C. Woman Pedestrian killed by Metrobus

Steve Lombardi — Fri, 30 Oct 2009 09:32:00 GMT

According to the Washington Examiner, Stephanie Richardson, age 47, was killed by a Washington, D.C Metrobus. She was riding the Metrobus on October 5, 2009, when she got off at her stop, began to cross the street in front of the bus, and was struck by a second Metrobus. This second bus was driving in the same direction and came up along the side of the first bus. The D.C police said she was at the Mount Olivet Road stop, between Trinidad and Montello avenues. Richardson was brought to the Washington Hospital Center, and died the next day.

Pedestrian Safety: Stop, look and listen before you walk across traffic.

The case is under investigation, and the bus driver’s blood was tested, and they were placed on a paid leave. This is not the first case of a pedestrian hit by the city’s transit vehicle, though this is the first fatality since September 2008. The Metro’s cause for safety has now been revamped after this incident. They had previously in 2007 put in place “warning strobe lights on 100 buses in the District.”

They need to determine more precautionary methods because this issue is a serious one:

“The District has a higher rate of pedestrian fatalities than cities such as New York, Chicago and Los Angeles, according to a D.C. Department of Transportation report. More than 600 pedestrians are typically hit by vehicles of all types in the city annually, with more than a dozen killed nearly every year.”

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Originally posted at InjuryBoard by Steve Lombardi

What is a pi lawyer and what questions should I ask him after an I-35 collision?

Steve Lombardi — Tue, 27 Oct 2009 10:48:59 GMT

They will tell you I'm not supposed to be proud to be a "PI Lawyer". I am and I make no apology for being one or for that matter being proud to be one. And until people remember the meaning of do until others as you would have them do unto you, you won't understand why until you need a personal injury lawyer.

So what is a personal injury lawyer?

A personal injury lawyer is one who works for the injured person after they’ve been involved in an accident. In this instance these personal injury lawyers have gotten together to discuss the types of personal injury claims that occur on the interstate highways between Minnesota and Texas. That highway of course is I-35.

What personal injury lawyers do is a daily struggle of battling against the enormous financial power of the insurance industry. They help you navigate through the mixed signals and demands of different insurance companies. For instance after you’re in a highway wreck you end up having a tow bill, a storage bill, a car damage claim, probably medical expenses and certainly time off from work. Your claims originate in one state, not the one in which you live and you need to figure out how to get answers and in what order those questions need to be answered. Literally you find yourself sinking in demands of several insurance adjusters with no one assisting you. That is where the personal injury lawyer is helpful.

We live this day in and day out. We take over the hassles that you find overwhelming. Where you feel like you’re being pushed around by the other guy’s auto insurance company, your own insurance company and the health insurance company, we push back and direct traffic. Personal injury lawyers are here for you, your spouse and family and all those whose interests aren’t opposing to your own. The most important question you can ask is “Are you on my side?”

How many years have you been handling personal injury legal work?

Do you have other lawyers in the state where the collision occurred that you can work with to get my case handled?

Do you like doing this kind of work?

Do you have a blog where I can read what you’ve written?

How do you handle these cases?

You will hear the insurance industry malign personal injury lawyers and you will hear politicians run on platforms with tort reform planks, but when it comes to your personal injury claim none of them are helpful or there to assists you. The fact is you can’t even believe your own insurance company adjuster can be trusted. Why, because if the other guy hasn’t enough insurance coverage you’ll need to file an underinsured motorist claim. And if the other guy doesn’t have any insurance you’ll have to file an uninsured motorist claim. That means you’re insurance company is your opponent; and trust me on this one, they understand that perfectly. In 30 years of practicing law I can tell you what and how they will treat you. Your own insurance company may even hire a lawyer for the at-fault driver, that’s the guy that hit you and caused you injury, to beat your claim so that they don’t have to pay you anything under your own policy.

That’s the way this system works. So now you know why they really don’t want you hiring a “personal injury lawyer” and why they’ve spent so much money convincing you personal injury claims are a bad idea.

Here is our series so far:

Why Hire a Lawyer After an I-35 Collision? | InjuryBoard St. Cloud ... Why Hire a Lawyer After an I-35 Collision? ... St. Paul, and Twin Cities here in Minnesota, but cuts across the country as I-35.

How you Find an lawyer after an I-35 accident. Brooks Schuelke

Injured in an I-35 Accident? Real Life Reasons You Need an Attorney, Posted by Jeremy Thurman October 22, 2009 2:26 PM

Finding a Personal Injury Lawyer for an I-35 Car Accident ... Finding a Personal Injury Lawyer for an I-35 Car Accident.

Originally posted at InjuryBoard by Steve Lombardi

Deer Population Not The Deere Iowan's Wanting

Steve Lombardi — Thu, 22 Oct 2009 14:20:00 GMT

On Thursday September 17^th 2009 a motorcycle accident led to the death of a Fairfield resident Colleen Smith, and injury to her husband Harold Smith. Mr. and Mrs. Smith were on a 2006 Harley Davidson heading southbound on Highway 1 following another vehicle when about 2 miles north of Keosauqua a deer entered the roadway and hit the motorcycle. It's reported that Mr. Smith did try to break to avoid the collision which caused the motorcycle to slide ending up in the west ditch with both passengers being thrown from the vehicle.

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