Like everyone else I’m reading the Des Moines Register story about the UPS worker who while making a delivery at Des Moines’ International Airport was run over and killed. The worker is Daniel Raber who they describe as opening a gate to make a delivery when he was run over by the rear duals. The news report is difficult to comprehend and appears to say another driver was involved or a second truck was involved; it’s just difficult to decipher from the way the article is written.  Like you I’ll have to await the follow-up reporting or the OSHA investigative reporting. Right now it’s as clear as Delhi Lake.

Even without all the facts what’s the likely cause of this death on the job?

Today's feature video is from Russia. I did like Russia, it's an interesting country and people although I would never want to live there. Listen as you read because today's post is another example of the more we rush the father behind we get.  As personal injury lawyers we continuously see the worse. So listening to beautiful music is one way to escape. Listen as you read; and I should mention, the name is Russian, and should be spelled VIAgra or Via Gra and it means a cappella.

I’ll assume the truck was backing up and that’s what killed this 64-year-old UPS worker. These back-over, backing up crush type accidents are certainly preventable, but do happen more than you’d think. I see them more often on construction sites because of the different trades working on the site and in conjunction with a busy environment. But a delivery usually involves a pedestrian that the driver doesn’t even know is there. That scenario occurred a few years ago in downtown Des Moines when a garbage truck backed over a lady who was on the sidewalk. The last backing up accident I wrote about was on a highway construction site in Illinois on September 18, 2009. A woman wrote to me in December of that year telling me how close a garbage truck came to hitting her as she sat in her car and then of course there was the nice lady we represented from Osceola that was run over by a trailer at Osceola Foods in Clarke County. I’m happy to report she lived another day to tell about it.

Rear warning devices are a necessary piece of safety equipment and if the audible part of the backing up warning isn’t working then the truck shouldn’t leave the yard. In that case we had several violations of the OSHA rules and the industry standards. Not only didn’t the device work but the driver couldn’t see to the rear and rather than get a spotter or stop, look and listen he just went ahead and backed up at a high rate of speed. He was moving semi-trailers in a yard with a type of small truck cab made especially for that type of work. I can’t recall the name of the truck, but I’ll check later and update this writing.

Bottom line in this case is that OSHA and IOSH will investigate and my guess is they will center on rear backup warning devices, what the driver could or could not see and whether a spotter was required in finding a safe or unsafe workplace.

For addtional reading on accidents from backing up see these posts:

Truck Accident Prevention: Garbage truck backing over woman may be ...

Nov 17, 2008 ... If the driver is intending to back up and can't see behind they simply need to .... Labels: 29 CFR 1926.601, audible, backing up, device, ...
www.lombardilaw.com/.../truck-accident-prevention-garbage-truck-backing-over-woman-may-be-an-accident-but-it-is-preventa.cfm - Cached - Similar - 3 visits - 12/21/09

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 ... www.lombardilaw.com/blog/ - Cached - Similar

Illinois Highway Construction Worker Backed Over | Lombardi Law Firm

Sep 18, 2009 ... He was run over by a dump truck backing up. The dump truck driver is 75 years old. This is a situation I've blogged on several times on The ...
www.lombardilaw.com/.../illinois-highway-construction-worker-backed-over.cfm - Cached

Intentional acts that cause injury are not covered by casualty ...

Apr 12, 2010 ... 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 ...
www.lombardilaw.com/.../intentional-acts-that-cause-injury-are-not-covered-by-casualty-insurance.cfm - Cached

Another reason why kids shouldn't play in the street. | Lombardi ...

Mar 1, 2010 ... 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 ...
www.lombardilaw.com/.../another-reason-why-kids-shouldnt-play-in-the-street.cfm - Cached

Pedestrian is killed and driver of Hummer is not charged.Why ...

Jun 3, 2010 ... Hummer owners can purchase back-up alarms and monitors for the H3. The official Hummer site describes the design as a truck. ...
www.lombardilaw.com/.../pedestrian-is-killed-and-driver-of-hummer-is-not-chargedwhy.cfm - Cached

Construction Accidents - Backing up and rear warning devices ...

Nov 17, 2008 ... At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation ...
www.lombardilaw.com/.../construction-accidents-backing-up-and-rear-warning-devices.cfm - Cached

Did texting while driving kill this Iowa teen? | Lombardi Law Firm

Jul 15, 2010 ... It's not clear whether the truck was backing up at the time of the ... Her car then burst into flames, came back onto I-380 and burned up. ...
www.lombardilaw.com/.../did-texting-while-driving-kill-this-iowa-teen.cfm - Cached

Pedestrian Collisions Causing Injury and Death | Lombardi Law Firm

Feb 22, 2009 ... 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 ... www.lombardilaw.com/.../pedestrian-collisions-causing-injury-and-death.cfm - Cached - Similar