Des Moines Personal Injury Lawyer - pedestrian

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

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

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

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

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

Iowa Crash in Rural Mahaska County

Steve Lombardi — Mon, 21 Sep 2009 14:26:00 GMT

Early this morning at 5:30 in Mahaska County, a truck rolled over into a cornfield after missing a curve. The County Sheriff’s Office said alcohol may have been involved in the cause of the accident, according to Channel 13 online news source. The two people in the truck were air-lifted to Des Moines hospitals. There were three others injured by the accident and were brought to the Mahaska County hospital. The conditions of all involved are currently unknown. The news report doesn't give us many details. It's a truck, but we don't know what kind. There are five people injured but few details.

What causes accidents is an interesting subject. In this case the cause is noted to be partially due to alcohol consumption. But what causes the increased consumption of alcohol? Is it the economy, youthful exuberance or some festive event? Legally it probably doesn’t matter, but let’s talk about it just the same. With the economy being in a recession alcohol is a way of drowning out the misery. Wall Street gets a trillion dollar bailout that includes billions of dollars in bonuses and what did Main Street get? The shaft. We got higher taxes, more debt and a front row seat watching our trade deficit increase. We lack jobs and it has to do with the influx of foreign goods and not selling American goods. So when I’m sitting at a stop light why do I see so many foreign cars? Don’t people understand the relationship between America’s economic health and whose goods you purchase?

We are like sheep being lead to slaughter. Too dumb to turn around and head in another direction.

Tort reform is sort of like that. A professional makes a mistake, causes an injury or the death of the patient or client and tort reform says the patient pays. We must be incapable of reason at this point in American history. I can see no intelligent way of understanding this issue from the other side. The only rational explanation is one of greed.

And by the way, the driver is probably still liable to this passenger, but recovery may depend on the passengers' complicity in the drinking activity. Complicity under Iowa law can bar a passenger’s claim even though the driver is negligent. For the passenger, see an attorney.

Originally posted at InjuryBoard by Steve Lombardi

What will it take in Iowa to stop distracted cell phone drivers?

Steve Lombardi — Fri, 04 Sep 2009 11:08:00 GMT

On August 8^th 2009 16 yr. old Megan Davis died as a result of injuries suffered in a crash. She was traveling north on 180^th Avenue in a 1988 Chevy S10 when for an unknown reason she lost control struck an embankment and ended in the creek landing on the trucks top.

I am left to wonder why she lost control. What were the possible causes of her losing control of the car’s operation? One fact not reported on which would help us analyze potential reasons, would be whether a cell phone was present in the car and whether she was on the cell phone at the time she lost control of the vehicle. I’m not being critical of the Iowa State Patrol because this information would not be readily available to them at the scene or immediately following the investigation. But its information that if later collected would either point to or exclude a possible cause that is within every driver’s ability to control. From all the reading I do about accidental collisions distractions are a main cause. The amazing thing to me is that drivers seem to have an inability to recognize how their driving habits that include multiple distractions affect the rest of us. It’s so easy to know who is using the cell phone or texting while driving. We can see it from how the car swerves or weaves or fails to do what any driver paying attention would do. When they should go they remain stopped; when they should stay put or stopped they go, almost causing wrecks. Failing to yield is a major cause of collisions that include death and injury.

What will it take to introduce common sense back between the ears of the driving public? Are legislative mandates necessary or can technology save us all from those who drive distracted.

Originally posted at InjuryBoard by Steve Lombardi

Downtown Des Moines – DART Drivers 7, Pedestrians 0!

Steve Lombardi — Tue, 28 Jul 2009 14:36:31 GMT

When I posted on July 24, 2009 about Des Moines bus drivers hitting pedestrians never did I anticipate that today we’d be once again discussing another bus-pedestrian collision in downtown Des Moines? Well, we are. They did it again, a DART driver struck another pedestrian.

Just another Day in Paradise for Downtown Pedestrians and DART Drivers

I didn’t know it could happen so soon after the last one. But count them, the 7th pedestrian-bus collision in downtown Des Moines since July 2007. A 61-year-old woman was struck by a DART bus and taken to an area hospital. This is the second accident in just 19 days. The third or fourth one back cost the City of Des Moines Transit Authority $2.74 million.

William Holmes was struck in a crosswalk by a DART bus on Oct. 13, 2008 in downtown Des Moines.

Veronica Lima, 54, is still in the hospital after she sustained leg injuries on July 9, 2009.

Just last week, it’s being said that DART settled a lawsuit with Emily Abrahamsen. Ms. Abrahamsen’s pelvis was crushed in August of 2007 when she too was hit by a city bus.

It's going to be a long summer.

Originally posted at InjuryBoard by Steve Lombardi

Just Another Day in Paradise for Downtown Pedestrians and DART Drivers

Steve Lombardi — Fri, 24 Jul 2009 14:31:00 GMT

Here we go again with another DART-pedestrian accident in downtown Des Moines. What is going on?

On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg. Now that’s an ouch-moment beyond the imagination. When Mr. Delpierre was asked if he could back up the report says he appeared in shock and while there has been speculation about whether Ms. Lima was in the crosswalk or not, witness Scott Vanscoy is quoted as saying, “It shouldn’t have happened, she had the right away”. On the Des Moines Register message board a message left by a Vanscoy (Scott Vanscoy?) had this to say, “This woman was in fact in the cross walk, I saw her there. And the comment about him holding her hand until paramedics arrived...My only memory of the driver being there was when he initially came over and proceeded to scold the victim for not watching where she was going! Your comments are just about as sickening as the drivers!”

To further support her case it seems that these accidents are common when the DART bus drivers are making left hand turns as this is the 6th such incident involving accidents when making left hand turns since 2007. With the number of accidents it makes citizens wonder if their training is sufficient or if something else is going on. Are the pedestrians not watching out as well? Are the drivers and pedestrians making eye contact to know each knows the other is aware of their presence? If not, how about if one or both stop. While the bus agency’s general manager said that she was not in the crosswalk he admitted that the accident was going to force them relook at having all drivers make only right hand turns in order to avoid any further incidents.

Eye Contact - Situational Awareness - Who has the right of way - Duty to Yield

Originally posted at InjuryBoard by Steve Lombardi