Injuryboard Commentary - Collisions

Police Chase on I-35 in Iowa

Steve Lombardi — Thu, 26 Nov 2009 12:01:00 GMT

This accidental death raises the question, are high speed chases really necessary?

On Wednesday October 14^th 2009 at about 2:30 in the morning an officer noticed a car driving erratically; when the officer attempted to pull the vehicle over the driver refused and a chase ensued. Troopers are reporting that the driver tried to elude officers and that the chase hit speeds of 100 miles per hour. When the driver was near Ames he cut across the median and went head-on into oncoming traffic. Shortly thereafter the suspect hit a semi head-on and was killed as a result of the injuries sustained in the crash. The trucker only suffered minor injuries and refused medical attention.

Could this death have been avoided? Should law abiding citizens be put at risk from high-speed police chases? Remember I'm not talking about the runner here; I'm talking about the soccer vans and sedans with no dog in this fight who unsuspectingly get pulled into the fray when the idiot comes across the median and starts traveling against the traffic. Those are the innocent people. The driver would have no reason to driver the wrong way on an Interstate if law enforcement weren't chasing him. Why not just follow him quietly, call ahead and set up a road block or put down nail strips?

Is this about law enforcement or law enforcement ego? What if the vehicle the suspect had hit was one carrying a mother and child and the accident caused their death; would we all be congratulating the officer or outraged about the senseless deaths? At what point do we draw the line and say that the danger caused by a high speed chase outweighs the benefit gained from catching them immediately? One of the reasons that we have license plates is so that our cars can be identified in cases like these. Why not just follow until he runs out of gas? Is an interstate highway high-speed chase an unacceptable level of risk to other citizens?

The debate goes on.

Originally posted at InjuryBoard by Steve Lombardi

Des Moines Woman dies on County Road due to a Failure to Stop

Steve Lombardi — Mon, 23 Nov 2009 12:01:00 GMT

According to the Des Moines Register, Jennifer Sue Peacock from Des Moines was at the intersection of County Road S31 and Iowa Highway 5 near HartfordThe 24-year-old failed to come to a complete stop and was then broadsided. Her 1997 Chevrolet Lumina was broadsided by Jarred Camden Roy, age 33., on Sunday October 18^th around 7:30pm.Knoxville driving a truck. Peacock died when she was involved in this reported two-vehicle collision.

You can't assume that the at-fault driver always hurts others; sometimes their fault hurts them or the passengers in their car. This is one of those cases. As lawyers who represent people we have the kinds of personalities to offer solutions. But in this case there is no viable legal solution. With these kinds of accidents the only advice we give is the advice to move on. Des Moines Register

If the facts are different then the outcome may also be different, but according to this report the fault is her’s for failing to yield the right of way. California stops don’t work. We wish her family well along with the other driver. . On this week coming up to Thanksgiving we should be thankful for the little we have and for the lives we live. Enjoy your holiday with family and friends.

Originally posted at InjuryBoard by Steve Lombardi

Friday: Minnesota Winter Awareness Week - On the Road

Mike Bryant — Fri, 20 Nov 2009 12:31:00 GMT

Sponsored annually by the Department of Public Safety Division of Homeland Security and Emergency Management (HSEM), last week was Winter Awareness Week. Each day was devoted to a different topic concerning winter safety. To help with the effort, cities across the state are holding forums, providing daily winter safety tips and publicizing the effort in local newspapers and on city websites.

The week is broken down as:

Day 1 Surviving Winter Weather
Day 2 Outdoor Safety
Day 3 Fire Safety
Day 4 Indoor Air Issues
Day 5 On the Road

The Minnesota Safety Council recommends the following tips:

Make sure your car is ready for the season. Throughout the winter, keep your gas tank at least half full to avoid gas line freeze.
Avoid traveling, especially alone, if severe weather is threatening.
Before taking a trip, inform someone at your destination of your expected arrival time and your travel route.
Stock your car with basic winter driving equipment: a scraper and brush, small shovel, jumper cables, tow chain and a bag of sand or cat litter for tire traction. Also include road flares, a blanket, heavy boots, warm clothing, and a flashlight with batteries.
Keep an emergency survival kit in the car, including high-energy food such as a chocolate bar or energy bar.
If your car has been outside during a snowfall, brush all the snow off before starting out. Snow left on the front hood will blow into the front vent and cause defrosting problems, and can also melt and re-freeze on the windshield. Snow on the roof will cover the rear window and snow on the rear deck will blow onto tail lights. Pay particular attention to cleaning off headlights and tail lights so that other motorists can see you.
Adjust your speed to the conditions and increase following distances.
Remember that bridges and overpasses can be more slippery than other parts of the road. If you begin to skid, remain calm, ease your foot off the gas and turn your wheels in the direction you want the front of the car to go. If you have an anti-lock braking system (ABS) apply a steady firm pressure to the brake pedal. Never pump ABS brakes.
If even after following all precautions you find yourself stranded, stay calm and stay put. Staying in your car will decrease your risk of frostbite or hypothermia and increase your chances of being rescued. Run your engine for heat about once an hour, (every half hour in extreme cold.) Make sure your exhaust pipe is clear to prevent the back up of carbon monoxide. Leave one window slightly open. Tie a piece of brightly colored cloth to your antenna to alert others and aid rescuers. Limit your sleep to short naps.
Consider keeping a cellular phone for use during emergencies. For long trips, be sure the batteries are fully charged and consider bringing a spare battery. Keep the phone and batteries warm to avoid quick power drain. Because driving requires your full attention, it is recommended that you find a safe place to pull off the road when you need to make a call.

Identifying the reason behind the week the HSEM press release identified the issues:

Over the last 10 years, more than 50 people drowned after falling through thin ice, and 65 percent of ice drownings were vehicle related. Last winter, 22 people died in snowmobile accidents; half those fatal events involved alcohol or drug use. And during 2005–2007 in Minnesota, officers reported snow or icy road conditions in nearly 41,000 crashes that resulted in 159 deaths and 13,000 injuries. Clearly, people are being “surprised” by weather conditions."

The plan is, no matter how harsh the winter, to make sure everyone is safe and alive at the end of it.

Originally posted at InjuryBoard by Mike Bryant

TMJ Injuries Common to Rear-End Collisions

David Mittleman — Fri, 20 Nov 2009 10:30:00 GMT

A temporomandibular joint (TMJ) injury is one of the most common related to rear-end collisions, but has received very little attention until very recently. The TMJ is described as a ball and socket arrangement so that the jaw is able to open and close. This fragile construction is especially sensitive to injury during traumatic car crashes. Furthermore, pain is more commonly attributed to head or neck injuries, in general. Nevertheless, TMJ disorders are progressive, and if left untreated, can increase impairment over the long run.

TMJ injuries that are caused by rear-end collisions occur as a result of whiplash. For example, when there is a sudden impact from behind, the head can snap in many different directions. When this happens very quickly the neck muscles cannot relax and therefore hold the jaw still. In the meantime, the head is forced backwards by an impact and the mouth opens and hyper extends, causing injury to the jaw. Ultimately, the muscles and supporting ligaments in the TMJ are torn, which results in scar formations. It is the scar formations that cause pain to an injured individual.

Unfortunately, few medical and dental practitioners have the specialized training needed to diagnoses TMJ injuries. However, a diagnosis can be made with thorough physical examination, including radiographic surveys. Once a diagnosis is reached, TMJ injuries can be treated through construction of a bite splint, moist heat therapy, trigger point injections, nutritional counseling, and other therapies.

Originally posted at InjuryBoard by David Mittleman

Florida Tops List For Pedestrian Deaths

Eddie Farah — Sat, 14 Nov 2009 23:53:48 GMT

A 42-year-old St. Augustine, Florida woman was killed Friday night after authorities say she walked in front of a moving car.

Glenadine Harding was crossing Florida 207 when she was hit by a Honda sedan about 6:20 p.m. The driver was identified as Jill E. Scott, 55 of St. Augustine.

In a separate accident about an hour later, a man was hospitalized with life-threatening injuries Friday night after he was hit by a car in Northwest Jacksonville at West Moncrief Road near Raines Avenue, waiting for the traffic to clear when he suddenly darted into traffic where he was hit.

Then on Tuesday, a pedestrian was struck and killed by an SUV at the rain-drenched intersection of North Main Street near 53^rd Street. The Times- Union reports the man’s relative identified him as 51-year old James “Jimbo” Hall who didn’t have a car and walked everywhere he went.

Florida has four of the five most treacherous metropolitan areas for walking and is the most dangerous state in the U.S. for pedestrians.

That is the conclusion of the Pedestrian Danger Index, used when assessing the risk of walking in urban areas. Orlando, Tampa, Miami, and Jacksonville, and their surrounding areas, were the top four hazardous cities, followed by Memphis. The top 10 is rounded out with Raleigh, Louisville, Houston, Birmingham and Atlanta.

According to the Florida Highway Patrol, in 2005 there were 576 pedestrians killed in the state, nearly 8,000 crashes that injured pedestrians and 8,626 pedestrian crashes.

The milder weather of Florida weather encourages people to be outside at least nine months of the year in areas that seem to have automobile-oriented development and high-speed cars.

Nationwide 9,000 pedestrians were killed in collisions with cars in 2007 and 2008. At least 70,000 more were injured. Many of those killed were 15 or younger.

This sort of survey puts the burden on metropolitan planners to design communities where people can walk safely.

The safest metro cities that have taken strollers into consideration are Minneapolis-St. Paul, Boston, New York, Pittsburgh and Seattle. #

Originally posted at InjuryBoard by Eddie Farah

EMSA Sirens Helping Reduce Automobile Accidents at Intersections

Jeremy Thurman — Thu, 12 Nov 2009 10:54:28 GMT

Have been in that quagmire where you are listening to your too loud or talking on your cell phone all the while being oblivious to an emergency vehicle approaching with its sirens on. I will personally plead the fifth but I have seen accidents and near misses involving ambulances, fire trucks and other emergency services at Oklahoma City intersections. Luckily, EMSA seems to have purchased a solution that is having a pronounces statistical lessening of accidents involving their ambulances on Oklahoma City streets.

A newsok.com details new “sirens” added to EMSA Ambulances that emit a low-frequency hum making unsuspecting motorists aware that an ambulance is in the area.

Ten-inch subwoofers called Howlers were installed in EMSA ambulances statewide beginning in November 2008, said spokeswoman Lara O’Leary. They emit a low-frequency hum that can cause vibrations up to 200 feet away, and EMSA officials credit the Howlers with cutting in half the number of crashes involving ambulances. “You can literally feel it, just like anyone that pulls up next to a car that has their stereo bumping extremely loud,”

The article goes on to provide data showing the effect the sirens are having on intersection car accidents involving ambulances

In the first 10 months of last year, EMSA ambulances were involved in 16 wrecks at Oklahoma intersections, O’Leary said. But only eight were reported from January to October in more than 4.3 million miles of driving. Crash figures for earlier years were not available.

As to its applicability, we encourage all drivers to avoid distractions such as cell phones and loud music. Ambulances responding to or from life threatening situations need to get their patients to a health care facility as soon as possible. Lets all be partners on the road and assist these paramedics who are trying to save a life.

Originally posted at InjuryBoard by Jeremy Thurman

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

Time To Just Drive

Mike Bryant — Wed, 11 Nov 2009 09:27:00 GMT

There have been so many posts about distracted drivers here at the Injuryboard. Some are just warnings. Some have included the video of the young girl who is texting and ends up on the windshield. Others have been the real life stories of what happens when people have been distracted while driving. It's likely that many drivers don't tell the truth, with Department of Transportation’s studies indicating that up to 80% of crashes may be caused by distracted drivers, there may be so many more happening that we don't find out about. Throw in that in 2008, 800,000 vehicles on any given day are being driven by somebody using a cell phone, and you have a lot of reasons why there are car crashes.

Do you take this for granted ? Still keep using the cell phone? Make driving the second or third most important thing you are doing? Figure that you are some how different then everyone else? Take a second and watch this video:

http://www.youtube.com/watch?v=0AHGLGQgAn8&feature=player_embedded

I at one time didn't think seat belts were all that important. Freedom, invulnerable, and young and dumb all came into my head. The day my oldest was born I vowed I would always wear one for him. Watching this video, I think that I personally need to do more than that. Hopefully, many others well do so as well.

Originally posted at InjuryBoard by Mike Bryant

Head-on Crash and the Center line in Clayton County, Iowa

Steve Lombardi — Tue, 10 Nov 2009 10:58:00 GMT

It’s reported that a vehicle being driven by Sarah Austin, 21 or Luana crossed the center line on U.S. Highway 52 at 5:45 a.m. on November 8, 2009 killing a 41-year-old man. The man Lee Zuercher was reported to not be wearing his seatbelt. His passenger, 18-year-old Coedy Zuercher was and apparently survived. So what did cause the car driven by Ms. Austin to cross the center line? That is the question any legal claims will be required to answer. As a lawyer I’d focus on whether she had a cell phone in the car and whether she was texting or talking. She may have spoken to the police and they may know the answer to that question. Any good investigation would require a search of the accident scene before first snow falls. My suggestion to the incident injured passenger and estate is to act fast.

Originally posted at InjuryBoard by Steve Lombardi

I-35 Collision Kills Two

Mike Bryant — Sun, 08 Nov 2009 21:50:30 GMT

This morning, I-35 was shutdown in Washington county near Forest Lake. The crash involved two vehicles and happened in the southbound lane of I-35 at Hwy. 8. The state patrol have reported that a 19-year-old driver of a Chevy pickup lost control heading north on Interstate 35 and hit a car head-on. Two passengers, including a child in the southbound vehicle were killed. Everyone else involved was taken to North Memorial Hospital.

The crash happened on a stretch of interstate in Forest Lake that lacks a physical safety barrier in the median that is designed to prevent cross-over crashes. I have written about the value of the cables in preventing these kinds of tragedies. Sorrow for the family of the child and all of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic.

This past month many of my fallow writers C. Brooks Schuelke, Mike Bryant, Noble McIntyre, Jeremy Thurman, and Steve Lombardi here at the Injuryboard have been looking at what has been happening on I-35. Here are some blogs worth the time on the topic:

9 Reasons Why People Get Injured on I-35 in Iowa, Steve Lombardi, October 31, 2009 8:05 AM

I-35 Blog Pack - The Importance of Client Communication, Jeremy Thurman, October 29, 2009 3:36 PM

Finding a Personal Injury Lawyer for an I-35 Car Accident, Steve Lombardi, October 18, 2009 11:33 PM

Why Hire a Lawyer After an I-35 Collision?, Mike Bryant, October 20, 2009 7:11 AM

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

What Does The Department Of Transportation Think Of I-35? , C. Brooks Schuelke, November 6, 2009

I-35 Collision Kills Two, Mike Bryant , November 08, 2009 9:50 PM

Originally posted at InjuryBoard by Mike Bryant