Injuryboard Commentary - collision

More Details In Deadly Diggins, Missouri Train Crash

Brett Emison — Sun, 06 Dec 2009 10:07:40 GMT

ABC affiliate, KSPR-33 has reported on more details in the deadly railroad crossing accident that killed Kristy Willis and injured her daughter, Kelsey.

I reported yesterday about this tragic train accident. Again, our thoughts and prayers to out to the family of Kristy Willis and her community.

Tim Bowden, whose children Tiffany Bowden and Carl Bowden survived the train crash by jumping from the pickup truck at the last second, said the train never blew its whistle or sounded a warning.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

Neighbor, Nan Caldwell, confirmed that trains do not always blow their horn or sound a warning at this crossing. "You can't always here the train. They don't always blow the whistle," Caldwell said.

Missouri is one of the 10 deadliest states for train crashes and railroad crossing deaths. Burlington Northern Santa Fe (BNSF) railroad has been involved in many train-car collisions that have killed many drivers. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Mother Killed; Child Injured In Diggins, Missouri Railroad Crossing Accident

Brett Emison — Sat, 05 Dec 2009 10:03:06 GMT

Several news sources, including The Kansas City Star, NBC KY3, and OzarksFirst.com have reported that Kristy Willis was killed and her daughter, Kelsey, was injured when their pickup truck was struck by a train in Diggins, Missouri in Webster County.

Diggins, Mo. -- A tragic accident between a pickup and a train at a Webster County railroad crossing late Friday afternoon. 33 year old Kristy Willis, who was driving the pick-up, died at the scene, and her eight year old daughter, Kelsey Turner was seriously hurt. Turner was airlifted to St. John's in Springfield. The accident happened around 4:00 Friday afternoon just after Turner and two other kids got off the school bus.

***

Willis was headed to her home on Greenbriar drive. There are only four homes past the private railroad crossing, and Nan Caldwell's is one of them. "Sometimes they come by a couple times an hour," says Caldwell.

She knows the crossing, which only has a stop sign and a railroad crossing sign, no crossing bars or lights, is dangerous. "You can't always hear the train. They don't always blow the whistle, because it almost happened to me, and thank God I stopped and saw it because it was right on me," says Caldwell.

Our thoughts and prayers go out to this young family and their community. Any loss of life from preventable tragedies is unacceptable.

The Burlington Northern Santa Fe (BNSF) engineer claims that he blew the whistle and tried to stop, but that part of his story is disputed one of the pickup truck passengers.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

According to emergency responders at the scene, the BNSF engineer agreed that Kristy Willis never saw the locomotive before it struck her vehicle.

"He just didn't think they seen them, and they just didn't have time to stop," says Captain James Merritt with the Southern Webster County Fire Protection District. The train was moving at about 50 miles an hour. It struck the front driver's side of the pickup, killing Willis.

Again, our prayers go out to the Willis family, their neighbors and their community. Tragedies like this don't have to happen if the railroad company takes proper precautions. There have been far too many train-vehicle crashes in recent weeks. There were at least two railroad crossing crashes in Missouri -- one in Campbell, Missouri and one in Marshall, Missouri -- just in November.

In fact, Missouri was one of the top 10 deadliest states or railroad crossing accidents in 2008.

In addition, Burlington Northern Santa Fe (BNSF) has been under heated scrutiny in recent months. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

The Court found that BNSF destroyed some evidence, fabricated other evidence, interfered with the investigation and purposefully lied and advanced misleading facts in order to conceal the truth.

BNSF's conduct in the Minnesota case was despicable. There conduct in Missouri may not be much better. Reports indicate that BNSF did not properly maintain or guard the crossing and that their engineers did not always sound the train's horn at the crossing as federal regulations require.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Lucky to be alive, train vs semi-truck

Steve Lombardi — Sat, 05 Dec 2009 09:01:05 GMT

A truck driver turned too tightly causing the wheels to get stuck in a culvert. Unfortunately, the truck ended up on the railroad tracks right in front of an oncoming train. The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.

In the train profession they are known as “near misses”.

http://www.youtube.com/watch?v=sc7XmX1ak2A

CRST is an Iowa company that hauls steel or so says its name. Here is a not-so-near-miss where one of their trucks gets clobbered by an oncoming train.

http://www.youtube.com/watch?v=MBcHr_hhDU8

Originally posted at InjuryBoard by Steve Lombardi

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Crashing Head-on Into a Deputy Sheriff, Not the Best Day You've Had

Steve Lombardi — Thu, 03 Dec 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic?

That is the question Council Bluffs police are asking after the accident in the late hours of October 9^th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin that left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23^rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation. Yeah ... I guess you could say that.

This accident happened just before midnight on a Friday, involving two 21-year-olds and another one of 20 years. So what was the driver doing that caused this young driver to cross the center line and crash into the deputy? What were the distractions? Answer that question and the deputy will probably have an answer to what made them cross over the center line. Let’s see crashing head-on into a deputy sheriff’s car. I’d have to say that’s not the best day you can expect in your life.

In this instance the legal questions are:

1. Who was at fault and why?

2. Will the deputy sheriff file a workers' compensation claim and a personal injury claim against the other driver?

3. Will the passengers file claims against the young driver or were they also at fault for what was going on that created the distraction for the driver?

The threat of injury to law enforcement is about being on-the-road as much as it is in making an arrest.

http://www.youtube.com/watch?v=ecjB1D2l4yY

Originally posted at InjuryBoard by Steve Lombardi

Motorcyclist Raymond Leo Horn Dies in Collision with Auto Driver

K.C. Bouchillon — Mon, 30 Nov 2009 20:27:16 GMT

Raymond Leo Horn III, riding his motorcycle, died when Jaimee Lynn Piechota pulled in front of Horn Saturday night.

The collision occurred on U.S. 98 North at about 9 p.m. He was wearing his helmet.

Our condolences go to Mr. Horn's family. He was just 21 years old.

All too often, it is easy to blame a motorcycle driver for being involved in a motor vehicle accident, but the fact is, Mr. Horn was doing everything right. He had the right of way, he was wearing his helmet, and there is no indication that he was speeding. So what's the difference between an automobile and a motorcycle at night? One headlight.

There's simply no excuse for not seeing a motorcycle -- by day or night -- and at Lilly, O'Toole & Brown, we don't accept excuses or stereotypes. If you or someone you know has been injured in a motorcycle collision, give me a call.

Originally posted at InjuryBoard by K.C. Bouchillon

Six Killed; Several Injured In Chicago-Area Holiday Crashes

Brett Emison — Mon, 30 Nov 2009 10:18:36 GMT

The Chicago Sun-Times has reported on multiple fatalities and injuries in holiday weekend crashes:

Six people were killed and several others injured in traffic accidents over the holiday weekend in the city and suburbs.

About 3 a.m. on Thanksgiving Day, a vehicle traveling north on South Cicero Avenue swerved into the southbound lanes and struck a vehicle at 6931 S. Cicero Ave., police said. The vehicle continued southbound and struck a pedestrian at 6659 S. Cicero Ave.

The pedestrian, Elias Nunez, 21, of 4246 W. 103rd St. in Oak Lawn, was taken to Advocate Christ Medical Center in Oak Lawn in critical condition. He was later pronounced dead at 9:28 a.m. Thursday, according to the Cook County Medical Examiner’s office.

Fire Media Affairs Cmdr. Will Knight said four others were also hurt in the crash, prompting a five-ambulance response to the scene. The driver of the vehicle was allegedly intoxicated and taken into police custody following the crash.

Anthony Morales, 31, of the 5500 block of South Homan Avenue, was charged with felony aggravated DUI and cited with following too closely and failure to reduce speed, according to police News Affairs. He was also cited for leaving the scene of a property damage accident.

Judge Maria Kuriakos-Ciesil set Morales' bond at $300,000 during a Saturday hearing, according to a court spokeswoman.

The crashes continued all day Thursday, including a motorist striking a wall on I-290 and South Pulaski Road Thursday afternoon; a vehicle hitting a cyclist Thursday evening in the 5600 block of West Lawrence Avenue and a man in a pick-up truck crashing into a house in the 9300 block of South Chicago Avenue Thursday night. The man was pinned inside the vehicle and hospitalized in critical condition.

Early Friday morning, as Black Friday shoppers backed up traffic in west suburban Aurora, a woman was hit by a car near the suburb’s outlet mall.

On the South Side Friday night, eight people inside a Buick Regal were injured when the vehicle crashed into a tree in the 900 block of West Garfield Boulevard. Six of the injured were children.

About 7 a.m. Saturday, Spero Zappas, 63, of Joliet, was driving an orange 2006 Pontiac Solstice north on Interstate 55 near southwest suburban Plainfield when he attempted to pass a semi truck in the right lane at a high rate of speed, state police said. Zappas lost control of the Solstice and the car went airborne into a ditch, ejecting him from the vehicle. Zappas was dead on the scene, and may have been racing another vehicle at the time of the incident.

Around the same time, Giovanni Herrera, 18, of 1630 Whitcomb Ave. in Des Plaines, was pronounced dead at Resurrection Medical Center after a crash on Kennedy Expressway on the Northwest Side, according to the Cook County Medical Examiner’s office.

Herrera was driving a 2004 Chrysler Sebring west on the Kennedy Expressway, near Northeast River Road, when the car struck a westbound 2006 Chevrolet at 5:59 a.m. Saturday, Illinois State Police Sgt. D. Stokes said. He somehow lost control of the Sebring, leaving the road and striking a light pole, Stokes said.

In Aurora Saturday afternoon, a Kawasaki Ninja motorcycle traveling west on Sullivan Road collided with a Chevrolet crossover SUV turning onto eastbound Sullivan Road from a religious temple around 1:45 p.m. in the 1100 block of West Sullivan Road, according to a statement from the Aurora Police Department.

Miguel Gomez-Ortiz, 29, of the 1000 block of Cascade Drive, Aurora, was killed in the accident, police said. He was wearing a helmet, but it was dislodged on impact with the SUV.

Saturday night, a 2004 Nissan was traveling south on Interstate 57 when the driver attempted to abruptly change lanes and crashed about 11:40 p.m. near 127th Street, an Illinois State Police District Chicago trooper said.

The Nissan spun out, hit a guardrail on the left side of the interstate then rolled in the right lane -- partially ejecting the driver.

The driver--Kevin Edwards, 19, of 6206 White Birch Lane in Matteson, was pronounced dead at Ingalls Memorial Hospital in Harvey at 12:07 a.m. Sunday.

Just after midnight on Sunday, Dustin Avenarius, of Brisbin Road in Yorkville, was traveling on Hopkins Road in rural Kendall County when his pickup truck went off the road, striking a tree and then catching fire, Toftoy said. Avenarius was pronounced dead on the scene.

Learn more about auto accidents and auto safety at our auto safety blog or at our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Coal Train Coming, 19-year-old driver sits on tracks

Steve Lombardi — Sat, 28 Nov 2009 12:01:00 GMT

Was the death of Brianna Culp, the 19 year old who was hit by a coal train, a suicide? That is the question police are asking as they look into the accident that happened Sunday, October 11^th 2009. Miss Culp was a sophomore at Wesleyan College in Mount Pleasant and the BNSF spokesman Steve Forsberg said that they crew on the 135-car train reported the woman was sitting on the tracks and didn’t try to get out of the way. Police are waiting on autopsy results to help determine what caused the tragic death of this young lady.

What's missing in America? What's robbing the soul of our youth? Why the feelings of emptiness and lack of purpose? Where have these lost souls wandered off too?

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

Tennessee Ernie Ford

Join me this afternoon for this painful case involving suicide by rail train. It will be an afternoon with James Joyce.

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

Sometimes Out Of Tragedy Comes Future Help

Mike Bryant — Sat, 28 Nov 2009 09:59:00 GMT

Doing as many wrongful cases as we have we deal with all types of families who have lost loved ones. There are many ways that people react. Usually it starts with shock and then moves into anger and sorrow. Each person deals with the loss in different ways.

It is nice to see when people learn from these deaths. That people think about the ramifications of speeding, drunk driving or texting while driving. It's a hard lesson, but it's important that we continue to drive the road deaths down.

I ran across two examples of people that have taken their griefs and worked to ensure that others benefit from their loss:

In Delaware, a dangerous intersection was improved with signs after family members of a decedent testified about the area. Local residents could cite problems going back 7 years. An accident reconstructionist, who our office has used a number of times, testified that the intersection was a "death trap". But, it was people who had suffered who could bring the message home. It is unimaginable to go through this, but thankfully for others , they used the event to help others.

In another example , the father after the death of his daughter, went to work on an invention to not let it happen again. She died when, due to the glare of the sun, the car she was in rear ended a semi truck. He went to work on inventing a windshield that automatically adjusts based on changing light conditions. A couple of major car manufactures are looking at his patent.

There are many examples of those who testify at the legislature, speak at schools, and look for ways to prevent future deaths. Sympathy goes out for their losses and thanks for their positive impact on society.

Originally posted at InjuryBoard by Mike Bryant

Negligence, failing to yield, other driver and passenger deaths. Who's at fault?

Steve Lombardi — Fri, 27 Nov 2009 12:01:00 GMT

On October 8^th 2009 a Ford Tempo was heading westbound on 63^rd St. when the driver failed to yield at the stop sign at the intersection of 19^th Avenue and collided with a Chevrolet Suburban driven by Jennifer Engler. The name of the driver of the Ford Tempo is not being released at this time however the two passengers in the vehicle, Paul Steven Lauritson and Stephanie Ann Dripps, died as a result of injuries suffered in the crash. Jennifer Engler and two other unnamed passengers in the Suburban were injured and taken to area hospitals no other information is available at this time.

Answering “why?” most always goes back to speed, control, paying attention and distractions along with the number one cause OWI. We don’t have a lot of details about this crash/wreck but chances are it will fall under one of these causes. The driver of the Chevrolet Suburban and all the passengers will have a cause of action against the driver. The main question being was he “negligent”, or in Iowa we now say “at fault”, which is simply a lay person’s way of saying negligence. The Uniform Jury Instructions in Iowa have gotten very user friendly. To make people friendlier to it, the courts have tried to demystify the language it uses when coming into contact with the public. Is it working? Hardly, it’s adding another layer of confusion to what we lawyers have to do in this still noble profession. I for one am tired of trying to do what McDonald’s did for the fast food industry. Dumbing down the court system for a generation who grew up on participation trophies is not my idea of streamlining the legal system.

And for the driver of the Suburban and its passenger, call us if we can help you.

Steve Lombardi

515-222-1110

sdlombardi@aol.com

Lombardi Law Firm

Originally posted at InjuryBoard by Steve Lombardi