Iowa Edict - Interstate Highway Travel: I-80, I-35, I-235, I-380

Risking Fatigued Operators on Common Carriers

Steve Lombardi — Fri, 11 May 2012 04:00:29 -0600

Southwest Iowa's deadly train crash cause was recently explained as one involving human fatigue. That was the finding by the NTSB. See the NTSB report from the Northern Santa Fe coal train that crashed into a stopped train near Red Oak on April 17, 2011. The coal train engineer was killed. Read the "Probable Cause" finding and if that doesn't scare you nothing will.

The NTSB says Tuesday that both crewmembers had fallen asleep. They failed to comply with a signal requiring them to operate at a restricted speed and stop short of the standing train.

Railroad Accident Reports from the NTSB

See NTSB news story from AP and The Republic story of April 24, 2012

Board Meeting - Railroad Accident Report - Collision of BNSF Coal Train With the Rear End of Standing BNSF Maintenance-of-Way Equipment Train where you can also listen to the live streaming webcast.

]]>Conclusions

The following were not factors in the accident: the condition of the track, railcars, or signal system; the weather; the visibility of signals; the use of cellular telephones by crewmembers; the vision and hearing of the crew; illegal drug or alcohol use, the actions of the train dispatcher and the crew of the maintenance of way equipment train; or the mechanical condition of the locomotives of the striking coal train.
The striking coal train conductor's and the engineer's irregular work schedules contributed to their being fatigued on the morning of the collision.
Based on their medical histories, both crewmembers on the striking coal train were at high risk for sleep disorders and fatigue.
Based on the conductor's and the engineer's irregular work schedules, their medical histories, and their lack of action before the collision, both crewmembers on the striking coal train had fallen asleep due to fatigue.
Had the two crewmembers on the striking coal train completed the BNSF's fatigue training program, they would have had the opportunity to learn that they were at risk for sleep disorders, particularly obstructive sleep apnea, and the computer-based training program would have displayed a message advising them to consult with a physician.
Had the requirements described in Safety Recommendations R-02-24, -25, and -26 been in place, this crew would likely have been identified as at high risk for sleep disorders, which may have led to appropriate medical intervention.
Because biomathematical models of fatigue are relatively new to the railroad industry, the use of this technology should be evaluated for its effectiveness within the context of railroads' fatigue management plans through independent scientific peer review.
Had the crew of the striking coal train been alert and operated their train in accordance with restricted speed requirements, the collision would have been prevented.
Locomotive alerters only detect engineer inactivity and should not be used as a substitute for an effective fatigue mitigation strategy.
Had the positive train control/Electronic Train Management System currently in development been installed on the Creston Subdivision, it most likely would not have prevented this accident because it does not identify the rear end of a standing train as a target and because it allows following movements at up to 23 mph.
The positive train control designs that are being deployed and the Federal Railroad Administration's final rule on the application of positive train control are unlikely to prevent future restricted speed rear-end collisions similar to the 58 rear-end collisions reported to the Federal Railroad Administration over the last 10 years or the collision at Red Oak because train speeds at the upper limit of restricted speed are allowed.
Because the isolated locomotive cab module detached from the deck of the locomotive and was subsequently rotated and crushed, the crew could not have survived.
Although the current locomotive crashworthiness standards include a procedure to validate alternative locomotive crashworthiness designs that are not consistent with any Federal Railroad Administration-approved locomotive crashworthiness design standard, this requirement was not effective in identifying the modular operating cab as an alternate design.
The emergency response to the accident was timely and appropriate.
Had an inward-facing video and audio recorder been installed in the cab of the locomotive of the striking train, additional valuable information about the train crew's actions before the collision would have been available.
Because the Federal Railroad Administration developed standards and regulations for certified U.S. Department of Transportation crashworthy event recorder memory modules in response to the National Transportation Safety Board's prior recommendations, and a crashworthy event recorder was installed on the accident locomotive, information about this accident was available that otherwise would have been destroyed.
Because data from voluntarily installed locomotive video cameras are typically not stored in crashworthy memory modules, important operational and safety data are at risk of being lost following an accident.

Probable Cause

The National Transportation Safety Board determines that the probable cause of the accident was the failure of the crew of the striking train to comply with the signal indication requiring them to operate in accordance with restricted speed requirements and stop short of the standing train because they had fallen asleep due to fatigue resulting from their irregular work schedules and their medical conditions. Contributing to the accident was the absence of a positive train control system that identifies the rear of a train and stops a following train if a safe braking profile is exceeded. Contributing to the severity of collision damage to the locomotive cab of the striking coal train was the absence of crashworthiness standards for modular locomotive crew cabs.

What you don't know about SUV's can kill you.

Steve Lombardi — Fri, 06 Apr 2012 04:20:47 -0600

Do you ever wonder why SUV’s have rollover accidents more often than sedans do? Or how about high profile pickup trucks? You should know why this is and it’s never too late to learn about the why's. Even after you own a high profile SUV understanding a single concept about the center of gravity (CG) can make you a safer driver. SUV’s can be dangerous if the driver doesn’t understand why having a high center of gravity can make them roll over and over after spinning out of control at higher rates of speed. Don’t wait until your family is devastated like this first one to understand the mechanics of a rollover, the types of cars (SUV’s) that are likely to tip and how not to fall into the blissful state of ignorance that can kill you are important for you and yours.

Let’s first take a look at several recent accidents so you know what it is I’m talking about. Then we’ll discuss the why and finally there will be a young man demonstrating with a simple experiment the CG. (Rodrigo Garcia-Salas - Nice job of explaining Rod! Dude you should be in law school!)

Before buying a car know what CG is all about. Don't just live on a prayer.

]]>Okay, the fact you're still here means you're half way there and tired of living on a prayer.

The first rollover accident involves a family from Tennessee driving through Iowa on I-29. Their SUV rolled over at least three times. Two members of this family died and five others were hurt. The SUV is a Chevrolet Suburban, a large, heavy, high-profile SUV that hit higher speeds with a full load of passengers. I’ve covered this story previously. The family is the Ledezma family. Here is a quote from the KETV-Omaha article.

According to the Iowa State Patrol, Maria Ledezma, 24, and Alex Ledezma, 15, died at the scene of the crash. Sidney paramedics drove Carlos Ledezma, 10, to the Nebraska Medical Center. Rescuers used medical helicopters to take Victor Ledezma, 14, Jacklyn Ledezma, 8, Ricardo Osorio-Torres, 26, and Nancy Osorio-Torres, 7 months, to the Nebraska Medical Center. All of the victims are from Smyrna, Tennesee.

Investigators said Osaro-Torres was driving the Suburban and that he was wearing his seat belt. They also said the baby was properly restrained in a car seat.

Read more: http://www.ketv.com/news/30704954/detail.html#ixzz1qgisSRny

Let's look at a second accident. This next rollover accident was on I-35 near Manly, Iowa in Worth County. (Exit 203) This one involved Rose Marie Pederson-Moore. From the article it appears Rose tried to change lanes, then noticed the lane was not clear, she panicked, overcorrected, lost control and rolled several times. I’m not sure what type of car because that isn’t mentioned in the WCRCourier article. Rollover accident ties up traffic on I-35, by Reporter Laura Bird. I’m not being critical of this reporter, except the type of vehicle that rolls over along with the sequence pre-rollover is very important to the public when making a decision about what to buy when shopping for a new SUV. That’s because the height of the car off the ground raises the center of gravity, the CG, and that’s what increases the likelihood a vehicle will roll when traveling sideways at highway speeds or even less. Here take a look at this Ferrari 458 Italia Akaprovic.

Or how about this Black Maserati MC12? Notice the low CG, the low profile.

So now you understand low profile cars. Now think about a Ford Explorer and how much light you can see under the car. The one you have to practically crawl under with your back on the ground, the other you can scoot under pretty easily. That center of gravity is the tipping point. To understand a tipping point think of a coffee mug being short and stocky versus one that is tall and thin. The tall-thin one can more easily be knocked over. With cars and trucks the taller and higher off the ground the more easily it tips or in this instance rolls over. Keep that in mind when buying a family car you intend to travel in. Aside from seatbelts that could be the most important part of your car buying decisions. We hope Rose is doing well. See Rollover accident ties up traffic on I-35, Laura Bird.

Let's get back to real accidents because it's where the rubber meets the road or in this case doesn't. The next rollover accident is out of Sac City, Iowa on Sac County road M-54. The car is a Chevy EQX and the driver turned to check on her 6-year-old granddaughter, then lost control and rolled several times after going into the ditch. They were both wearing seatbelts and apparently were uninjured. A slight miracle to say the least. Contact Sheriff Ken McClure in Sac County for further information.

Next we head over to Robins, Iowa (Never heard of it.) and a female driver on C. Avenue Extension north of County Home Road, east of the town of Robins rolled several times. Not much information reported here; which makes it impossible to draw any conclusions. See passenger killed in Linn County rollover accident, Des Moines Register.

The next story shows why seatbelts and SUV’s go hand in hand. The family was driving an unidentified SUV, lost control and rolled it several times while on what appears to be I-29 near the Riverside Boulevard off-ramp in Sioux City. The driver reached down to pick something up, the wheel dropped off the hard surface into the shoulder, causing the vehicle to go into the ditch and roll. They were returning from vacation. Here is a quote from the reporter, Molly Montang’s story:

Aaron Hopson and three family members were thrown from the vehicle when it crashed about 1:45 p.m. near the Interstate 29 Riverside Boulevard off-ramp in Sioux City. His mother, Katherine Hopson, and brothers, Michael, 12, and Lucas, 5, were injured.

Sioux City Police Officer Jeremy McClure said 2-year-old Logan Hopson was the lone passenger of the vehicle who was properly restrained. The child, who was strapped into a car seat, and Chad Hopson, the children's father and the driver of the SUV, were not thrown from the vehicle.

McClure said the crash highlights the importance of using seat belts.

"Even in the back seat, it's still important to buckle up," he said.

Molly do us a favor next time and tell us the make, model and age of the car. Thanks for the story. Now watch this young lad demonstrate what lowering the Center of Gravity does to stabilize an object, like an SUV. He is Rodrigo Garcia-Salas. Well done Rodrigo.

http://www.youtube.com/watch?v=fmInFpzVN7c

*Today’s music is by Bon Jovi, Livin' On A Prayer

TODAY’S NEWS STORIES – PERSONAL INJURY LAW WITH LAWYER’S COMMENTARY

2 killed, 5 hurt in I-29 rollover accident in Iowa
KWQC 6
Entertainment News from AP PERCIVAL, Iowa (AP) - Two members of a Tennessee family are dead and five others are hurt after their SUV rolled on Interstate 29 in western Iowa and a semi drove through the crash scene. The Iowa State Patrol said ...

UPDATE WITH NAMES: 1 dead, 5 hurt in rollover accident in Sioux City
Waterloo Cedar Falls Courier
One person died in a rollover accident on an off-ramp of Interstate 29 in Sioux City Friday, March 16, 2012. (Sioux City Journal photo by Molly Montag) SIOUX CITY, Iowa -- A 14-year-old boy was killed and five of his family members injured in a one-car ...

Rollover accident ties up traffic on I-35
Waterloo Cedar Falls Courier
The aftermath of Friday afternoon's crash on Interstate 35 near the Forest City exit, March 16, 2012. (Jake Rajewsky / The Globe Gazette) MANLY,Iowa --- A rollover accident on Interstate 35 in Worth County tied up traffic around 2:15 pm Friday.

Sac County rollover accident
1380 KCIM
Sac City, Iowa -- Two people escaped injury following a rollover accident Saturday morning about 2 ¼ miles north of Sac City. The incident involved one vehicle and occurred on county highway M-54. 64-year-old Nola Jean Harper of Des Moines was heading ...

Passenger killed in Linn County rollover accident
DesMoinesRegister.com
ROBINS, Ia. -- A female died when the vehicle she was riding in went out of control near Robins early Sunday and rolled several times. The victim's identity wasn't released by the Linn County Sheriff's Office. A news release said the accident, ...

Airman's son dies in Iowa crash
Rapid City Journal
SIOUX CITY, Iowa -- The 14-year-old son of an Ellsworth Air Force Base airman who died Friday when his family's sport utility vehicle rolled was not wearing a seat belt when the accident happened, police said Tuesday. Aaron Hopson and three family ...

Staying Alive: Fatigued drivers are dangerous drivers

Steve Lombardi — Sat, 10 Mar 2012 06:40:43 -0600

We are reminded once again this week of just how dangerous driving while fatigued enough to fall asleep is. A popular Valley High School student was struck and killed as he stood on the shoulder of I-80. According the Register the driver of another car fell asleep, then drifted striking the young man and killing him. As we’ve pointed out before, driving while fatigued is as dangerous as is driving while under the influence of drugs or alcohol. Learn how to recognize the signs and symptoms and when to pull into a rest area and catch a few winks. Previously we’ve covered fatigued drivers; our blogs are listed below.

Blog Article: Valley Student Husam Abdul-Hameed Killed While Standing on Shoulder of I-80

Update: Immigrant teen dies in crash; driver's name released

Valley students are raising money for a burial in Iraq

According to the National Sleep Foundation and Dr. Murray Johns, MB, BS, BSc, PhD here are some tips on how to not fall asleep at the wheel. But first let us honor the young man with a song from his native Iraq.

]]>According to the National Sleep Foundation and Dr. Murray Johns, MB, BS, BSc, PhD here are some tips on how to not fall asleep at the wheel.

Reduce Your Risk of Drowsy Behavior

Lifestyle Habits. Eat Light. Exercise regularly. Get 8 hours of sleep a night, 9 if you are a teen or young adult. Every time you miss sleep, catch up immediately!

Plan journeys. Before a trip, get a good night’s sleep. Leave early in the morning and stop driving around sunset, or as early as possible, to reduce night-time driving.

Share the responsibility. Drive with a passenger who can alert you to fatigue, talk to you, and share the driving.

Make stops. Schedule stops every 100 miles or two hours.

Eat, but don’t overeat. Hunger can make you angry and turn you into an aggressive driver. Don’t eat junk or high-fat foods.

Stock your car. Keep caffeinated, energy drinks and sugar-laden snacks in the car for short-term energy. Two cups of coffee take 20 minutes to enter your bloodstream, then provide short term alertness.

And here are the suggestions from Edmunds.

How to avoid falling asleep at the wheel

Here are the top 10 things to do to avoid falling asleep at the wheel, from the AAA Foundation and the University of Iowa:

Stop driving if you feel sleepy. Stop and drink a caffeinated beverage.
Since it takes about 30 minutes for caffeine to enter the bloodstream and take effect, use that time to take a nap.
Get plenty of sleep the night before taking a long trip — at least six hours, though more is better.
Don't plan to work all day and then drive all night.
Drive at times when you are normally awake, and stay overnight in a hotel or motel rather than driving straight through.
Avoid driving at so-called sleepy times of day. Take a midafternoon break for a short nap and find a place to sleep between midnight and dawn. If you can't nap, at least stop your drive and rest for awhile.
Avoid carbohydrate-laden foods that can make you sleepy, in favor of protein-laden foods.
Avoid allergy and cold or flu medications containing Diphenhydramine, such as Benadryl, which can contribute to drowsiness. And don't take prescribed sleep aids, such as Ambien, until you are finished driving for the day.
On long trips, keep an awake passenger in the front seat. Increasing the volume on the car stereo is not a substitute for somebody you can talk to.

10. Take a break every two hours or every 100-120 miles, even if you don't need a pit stop or gas. Get out of the car, take some deep breaths and do some stretching exercises, especially neck and shoulders, to relieve cramping and stress. And try to set a limit of 300-400 miles of driving per day.

Falling Asleep At the Wheel:

Asleep At the Wheel - Edmunds.com

www.edmunds.com › Car Tips & Advice › Family and Car Safety

Jan 23, 2007 – The signs of drowsiness: eyes closing for longer than a blink, head ...Here are the top 10 things to do to avoid falling asleep at the wheel, from ...

How Can I Prevent Falling Asleep at the Wheel?

www.wisegeek.com/how-can-i-prevent-falling-asleep-at-the-wheel.htm

Recognizing the signs of driver fatigue is a key part of knowing how to prevent falling asleep at the wheel. The signs of driver fatigue can vary from person to ...

Sleep and Driving – Avoid Falling Asleep While Driving

longevity.about.com/od/sleep/a/sleep_driving.htm

Apr 25, 2007 – Avoiding Falling Asleep While Driving ... Know the Warning Signs: If you are yawning constantly, can't remember the last few moments of ... [PDF]

RECOGNIZING THE DROWSY DRIVER

www.nationalroadsafety.org/pdf/RDDGuide2.pdf

File Format: PDF/Adobe Acrobat - Quick View
"Breakin' Nite" 8:45 minutes, help teens recognize warning signs and make healthy ...actually having fallen asleep at the wheel in the past year. Half of all ...

We’ve covered this subject previously. To read more follow us at the Lombardi Law Firm blog, The Verdict or with Lexblog at The Iowa Edict. Here are the previous articles:

The Hazard of Fatigued Semi-Truck and Car Drivers

www.lombardilaw.com/.../the-hazard-of-fatigued-semitruck-and-car-...

Jan 11, 2010 – Interstate travel presents many risks that are different than you'd expect to encounter with in-town driving. And fatigue is one of them. I regularly ...

Crossing the Center Line and Head-on Car Crashes

www.lombardilaw.com/.../crossing-the-center-line-and-headon-car-cr...

Oct 2, 2011 – Driver fatigue is a challenge for truck drivers and for overworked and ...Follow link to see articles about driver fatigue on the Lombardi Law Firm ...

Interstate Travel and Dealing with Fatigue

www.lombardilaw.com/.../interstate-travel-and-dealing-with-fatigue.c...

Jan 11, 2010 – Interstate travel presents many risks that are different than you'd expect to encounter with in-town driving. And fatigue is one of them. I regularly ...

Worker's Compensation | Central Iowa Personal Injury Attorney

www.lombardilaw.com/practice_areas/workers-compensation5.cfm

... Death and Workers' Compensation Claims · Grain bin suffocation risks in Iowa farm work · Wind farm workers are higher risk for injury and death from fatigue ...

Semi-Truck Crash Kills Ute Man Near Charter Oak

www.lombardilaw.com/.../semi-truck-crash-kills-ute-man-near-charte...

Feb 18, 2012 – From Cathy Jett of the Fredericksburg.com News, “The small distraction, probably aided by fatigue, was enough to cause him to veer off the ...

Texting and situational blindness

Steve Lombardi — Wed, 22 Feb 2012 04:00:47 -0600

The Iowa State Patrol’s investigation is complete and the conclusion is another teen has died due to situational blindness brought on by distracted driving. The report concludes this 17-year old was texting while driving taking her attention away from the road and allowing her car to run into the back end of a school bus three miles east of St. Ansgar. This young lady was a junior at St. Ansgar High School. The accident occurred at 3:24 pm on November 1^st, 2011 on Iowa’s Highway 218.

Allison Smith – 17-year-old Iowa teen described above.

The Iowa DOT also publishes a teen driving guide that provides parents with rules for safe teen driving. See Teen Driving Responsibilities.

Rule 1: Put it down!
Rule 2: Absolutely no alcohol!
Rule 3: Always buckle up!
Rule 4: have the car in the driveway by the designated time!
Rule 5: no more than one passenger in the car at all times (or zero passengers if the state’s GDL law doesn’t permit any).
Rule 6: Follow your state’s GDL laws!
Rule 7: Follow the house rules or face the consequences!

]]>Emily M. Huntington - There is another case in Indiana that has that state focusing attention on teen drivers texting. This young gal was from Osgood, Indiana. Her crash was a single car event in which the passenger who was wearing a seat belt walked away from the accident. She was 18-year-old Emily M. Huntington from Osgood, Indiana. Osgood teen dies in texting wreck, Dearborn County, The Register, Staff Reporter

Alexis Summers - We don’t have to far to find another teen, this one a 17 year old cheerleader from Knock High School in Saxonburg, Pennsylvania who died at 10:00 pm on Hannastown Road in Jefferson Township, Butler County.

"The evidence at the scene was a cellphone inside the vehicle with a partial text message prepared. It was obvious that the phone was active at the time of the crash," Lt. Eric Hermick said.

Additional Resources

Psychology Today, Death by Text, The Dangers of Teens Texting and Driving, Raychelle Cassada Lohmann, MS, LPT in Teen Angst

“As she raced down the highway, her phone started to ring - she had a text. She rambled around in her purse and found her cell. It was Calli "Where R U?" Ugh, Elizabeth sighed she responded "L8, B Rt There". She started to put her phone down and heard a horn and screeching tires. She looked up but it was too late, she smashed into the car ahead of her. Pain shot through her entire body, everything went black and she struggled to gasp her final breath...”

Cell Phone and Texting Laws - State Laws that Ban Cell Phone Usage while Driving, Governors Highway Safety Association

Resources

Talking to death: texts, phones kill 16,000: study, Reuters
Dnt Txt N Drv, Oprah
TRL, researches texting issues and driver distractibility.
Dangers of Texting Whilst Driving,
Human Factors
The effect of text messaging on driver behavior: a simulator study,
Eliminating Driver Distractions, and
Car Simulator Case Studies.
How do we discourage not thinking and driving?
Teen Driving Guide: Rules to Live by

Do I have any legal recourse after an auto accident if I was not seriously injured?

Steve Lombardi — Tue, 17 Jan 2012 04:00:53 -0600

Question: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

]]>Answer: Well no. In every personal injury action, which the law calls a "tort" you need four things before you are allowed to sue and to proceed.

1. A duty.

2. A breach of the duty.

3. Damages.

4. Your damages need to be proximately caused by the negligence of the "tortfeasor" the wrongdoer.

In your case you are simply missing 3 and 4. You have no damages and therefore no damages were proximately caused by the wrongdoer. Your personal injury is what the law refers to as de minimis. Lay people would use this definition and lawyers this one. Frankly it was what the McDonald's marketing machine was all about but they were completely wrong and fooled most people into believing the sky was falling.

De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles").[1][2]

In risk assessment it refers to a level of risk that is too small to be concerned with. Some refer to this as a "virtually safe" level.[3]

An abbreviated form of the Latin Maxim de minimis non curat lex, "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters.

In a lawsuit, a court applies the de minimis doctrine to avoid the resolution of trivial matters that are not worthy of judicial scrutiny. Its application sometimes results in the dismissal of an action, particularly when the only redress sought is for a nominal sum, such as one dollar. Appellate courts also use the de minimis doctrine when appropriate.

But the personal injury aside you did also mention a wage loss being caused by your having a tough time keeping a job. It didn’t take me 30 years of practice to know it’s going to be extremely difficult to prove you’re not being able to find any truck driving job is somehow proximately caused by this one little accident. There must be more than you’re telling me; either that or you aren’t trying hard enough to find work.

Make sense? Now get back to work.

Wrong-way Interstate Accident Reports to December 20, 2011

Steve Lombardi — Wed, 11 Jan 2012 04:00:13 -0600

Here are another 12 wrong-way interstate highway driver accidents in the news. This group includes wrong-way driving events from the following states: Connecticut (intoxicated driver); Alabama (driver being sought); Texas (intoxication manslaughter); Montana (driver reportedly charged with six misdemeanors including driving under the influence and drug possession.); another Montana wrong-way on I-90 (appears to be a mental health issue); Wisconsin (erratic driving with cause unknown driver died), South Carolina (I-26, DUI arrest); Texas (Sam Houston Parkway, driver died, cause not stated); Montana on Highway 40 (driver died cause unknown); Forth Worth, Texas on I-35 and arrested for suspicion of intoxication manslaughter and endangerment of a child; Lake Mills, Wisconsin on I-94; Houston, Texas on Highway 290, raw video still working; and Montville, Connecticut (charges related to drunken driving).

"Let's take away their right to buy booze. Taking away the driver's license isn't enough."

Wrong-way driver charged with DUI
Norwich Bulletin
4, 2010, Ellen H. Noordzy, 22, was reportedly driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound car head-on. The two occupants of the car Noordzy hit, Bruce A. Wall, 22, ...

]]>Wrong-way driver sought after wreck sends 3 to hospital
Sand Mountain Reporter
A wrong-way driver caused a two-vehicle wreck Thursday night that sent three people to the hospital and has spurred a search for one of the drivers involved. According to Albertville Assistant Police Chief Maj. Jamie Smith, a 2002 Toyota Camry driven ...

Charges Upgraded against Wrong-Way Driver
MyFox Dallas
FORT WORTH, Texas - Tarrant County prosecutors have raised the charges on a wrong-way driver from intoxication manslaughter to murder. The district attorney's office said it felt as thought the case against 25-year-old Brittany Burton had special ...

Car driving wrong way hits patrol car on Interstate 90
Helena Independent Record
She was driving her 1995 Chevrolet Corsica eastbound in the westbound lane near the Pipestone exit, west of Whitehall, just after 7 pm, authorities said. After receiving several 911 calls from motorists about a wrong-way driver, a Jefferson County ...

Montana Minute: wrong-way driver; suspect caught; MHP ceremony
KRTV Great Falls News
Darrell Shepherd, a semi truck driver who claims someone was chasing him the wrong way down the interstate, pleaded not guilty in Missoula. Shepherd faces three counts of felony criminal endangerment. Several drivers had to swerve out of his way to ...

Wrong-way Driver Killed on Highway 15
WBAY
Authorities at the scene of a fatal crash in Outagamie County say the driver who died was going the wrong way on Highway 15. The crash happened at 12:30 Tuesday afternoon just west of the intersection of Highway 76. The sheriff's department says a ...

Patrol: Wrong-way driver forced off I-26, arrested
The State
Since 2010, two people have died in similar wrong-way incidents on the same stretch of Interstate 26, the patrol said. “It is not uncommon for troopers to get reports of wrong-way drivers on interstates. These situations typically end in a serious ...

Wrong-way driver wrecks, closing Beltway 8
Houston Chronicle
A wrong-way driver slammed into another vehicle in a traffic wreck on the west Sam Houston Parkway in southwest Houston early Tuesday morning. The two-vehicle crash occurred on the northbound lanes of Beltway 8 near Bissonnet about 4 am, according to ...

Wrong Way Driver Dies In Head-On Crash
FOX2now.com
A man is dead after authorities say he drove the wrong direction on Highway 40 and crashed into another vehicle. The accident happened around 9:45 pm Thursday near Boone's Crossings in Chesterfield. Police say James Gobble, 35, of Chesterfield was ...

Relatives of man killed in wrong-way driving case in Fort Worth sought
Fort Worth Star Telegram
By Domingo Ramirez Jr. and Alex Branch FORT WORTH - Authorities were searching Sunday for relatives of a man who was killed late Saturday in a traffic accident on the South Freeway caused by a wrong-way driver. The 47-year-old victim who died at the ...

Father grieves for daughter killed in wrong-way driving crash ...
Nicole, a recent graduate at UW-Whitewater, was on her way home from work early one morning in January 2007. She was on I-94 near Cottage Grove when the unthinkable happened.

Raw: Wrong-way driver hits minivan, pickup on 290 | khou.com ...
Three vehicles were involved in a crash caused by a wrong-way driver on Highway 290 Tuesday morning.

Patrol: Wrong-way driver forced off I-26, arrested - Crime & Courts ...
A highway patrolman forced a driver who was travelling the wrong way on Interstate-26 off the road early Wednesday morning, the South Carolina Highway ...

Police arrest wrong-way driver on West Side|WOAI: San Antonio News
San Antonio police said a wrong-way driver was arrested after leading officers on a short chase on the West Side Wednesday night.

Woman charged with assault, drunken driving in 2010 crash on I-95 ...
4, 2010, Ellen H. Noordzy, 22, was driving the wrong way on the southbound side of I-95, in the area of exit 93, when state police said she struck a southbound ...

Wrong way driver causes crash on Bypass 20 - wsbtradio.com
ST JOSEPH COUNTY – Police responded to a wrong way driver between Mishawaka and South Bend Thursday afternoon when a person drove onto an exit ...

Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Steve Lombardi — Tue, 10 Jan 2012 06:50:23 -0600

Question: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

]]>Answer: Whether or not you have a claim against the manufacturer of the car can't be answered with the amount of information provided. Air bags in older cars that have been involved in accidents may not have been installed properly after an accident. Has your car ever been in an accident? If so your complaint isn't with the manufacturer but with the body shop that reinstalled the bag. Did you know some body shops make a quick grand by not reinstalling the airbags even though the insurance pays them to do so. It's called fraud. Has your car ever been broken into or vandalized? Perhaps the thieves stole the airbag components? Apparently there are valuable components that thieves target. My point is that a claim against the manufacturer for a failure of airbags to deploy isn't as easily proven as it may first appear.

How do I value a claim involving a leased car and a drunk driver?

Steve Lombardi — Sat, 07 Jan 2012 04:00:26 -0600

Question: How do I recover my losses after being hit by a drunk driver? My car was hit by a drunk driver traveling down the freeway in the wrong direction without her lights on at 11:30 at night. The driver’s insurance company rated my 15 month old car as a total loss. However, the settlement they are offering is about $1500 short to pay my leasing company. In addition, the opportunity to lease the same car at the previous payment is no longer available, so my payments will be going up about $75.00/month. How can I recover the balance of the money owed and make up the difference in my least costs (at least for the 21 months remaining on my original lease)? This has certainly made my life miserable. Thankfully, no one in my car was seriously injured!

]]>Answer: This is a complicated answer and without more information the question can’t be answered. First of all what losses do you want to recover?

ü Personal injury?

ü Punitive damages?

ü Property damage?

ü Car rental? Towing?

ü Storage charges?

ü Past, present and future medical expense?

What are your damages? You mention only car damage.

As for the leasing arrangement and property damage I have no clue on how to answer this without reviewing the lease and the damage reports. Simply put this is a matter for a lawyer to review and to advise you. The matter can’t be settled online.

I cover a lot of these wrong-way driver cases on the interstate highways all across the country. So do a search here and on the Verdict and you'll find drunk drivers are the most prevalent of all causes of wrong-way events.

Can an employer be sued if ...

Steve Lombardi — Fri, 23 Dec 2011 04:06:19 -0600

Question: Can an employer be sued if an employee causes an auto accident on the way to or from work? Can an employer be sued if an employee causes an auto accident on the way to or from work? She takes prescriptions that cause drowsiness and her doctors are unwilling to sign that she is okay to drive while taking these medications.

]]>Answer: I would say the employer can be sued and found to be liable under the law if the employee causes an accident and the employee is required or uses their own car for work. There is this "thing" called the going and coming rule that we see in workers' compensation cases and it holds that if the employee needs their car for work then they are covered under wc while traveling to or from work. So flip this on its head and you get your answer. Now I can't say for sure that I would agree this is the outcome but I'd guess its pretty close.

To read more about Iowa’s Going-n-Coming Rule see these posts:

After an accident do I get fair market value?

Steve Lombardi — Wed, 14 Dec 2011 04:17:19 -0600

Question: Am I only entitled to the fair market value of my car after a car accident? I was rear-ended and my car was totaled. Am I only entitled to fair market value for my car ($1300) even though I cannot replace the car for that amount?

]]>Answer: Yes; you're entitled to the value of the car at fair market value or what it would have sold for in an arm's length transaction if sold just prior to the accident. Of course the insuarance adjuster won't tell you this because his or her job is to save the company money; not to treat you fairly. Think I'm wrong? Okay find me one instance in the entire history of insurance where the adjuster said, "No I can't pay you that much. You're entitled to be paid more."

I rest my case.

Trailer Comes Loose from Semi and Strike's Vehicle Head-on - Who is to blame?

Steve Lombardi — Sat, 10 Dec 2011 08:30:00 -0600

Hancock County, Iowa - I’ve been reading about these accidents and one guy has a blog dedicated to accidents where trailers become unhitched and crash into other cars, trucks or motorcycles. It’s been awhile since I’ve seen one in Iowa, right up until this week, that is. It happened on December 5, 2011 at around 5:58 a.m. on Highway 18 about 2 miles west of Garner. A 2000 Peterbuilt semitruck pulling a trailer (driver shown on police report as being from Garner, Iowa – 38 years old) was westbound on Highway 18 when as the officer describes it, “VEHICLE 1 (THE SEMI ) WAS WESTBOUND ON HWY 18 WHEN ITS TRAILER BECAME DETACHED FROM THE TRACTOR THE TRAILER THEN SLID ACROSS THE CENTER LINE AND STRUCK THE EASTBOUND VEHICLE 2 HEAD ON.”

The eastbound vehicle is a Ford Explorer being driven by a 56 year old man from Britt, Iowa. From the report it appears as though the opposing driver died in the crash.

So who is responsible? From a legal standpoint the driver of the semi (and the permissive owner of the semi) is legally responsible for securing the load, including the trailer.

Iowa State Patrol Crash Report of Christians – Priebe Personal Injury Accident
KGLO Midday Report on Priebe Fatality Car Accident
KGLA Obituaries - Link
Britt man killed in early morning accident, WCF Courier

]]>See also

Dangerous Trailers.org
Towing and Trailer Safety – an eight part series from The Chronicle of the Horse be several writers.
YouTube Report - Dangerous Trailers.org Presents Loose Trailer Kills US Postal Worker
How To Hook Up A U-Haul Trailer - Braked
Towing, Towing Safety, Types of Trailers, Towbar Wiring, Towing Capacity, Towing Laws in the U.S. on Wikipedia
Tow Hitches
Dangerous Trailers.org Loose U Haul Trailer Causes Loss of Life – Pedestrian Killed by Loose Trailer – U-Haul Trailer breaks free from pickup truck and kills tree worker on side of the road.
Dangerous Trailers.org Presents Virginia Tagged trailer I-95 No Safety Chains
One safety chain dragging on the ground – Improper use of safety chains.
Hitch failure, but driving with only one wheel on the trailer.
Overloading trailers is also dangerous and unacceptable.

15 Ways to Cause a Trailer to Unhitch While Towing

Improper Installation of the Trailer Hitch or the Towing Mechanisms
Using a trailer that is beyond the hitch’s rating
Not using the chains
Using the chains improperly
Using the wrong sized ball and socket
Overloading the trailer
Using a broken hitch
Not latching the ball
Not securing the security pin
Towing a poorly maintained trailer causing excessive pressure on the hitch itself
Improperly inflated tires
Loading the trailer beyond the axles weight rating and breaking the axle
Failing to double check hitch before driving off
Not having brakes on the trailer while pulling a heavy load
Driving while distracted and not keeping an eye on the load you’re towing

If you think these cases are easy to prove it’s because you’ve never tried to prove one in a court of law. And if you think that insurance adjuster who makes it seem like he’s there to pay you and just has a few questions to ask for his file, good luck with that one. Later this week (December 15, 2011) I’ll post an article titled, The Loss Prevention Department Assassin. You may find it of interest. I’ll update the link after it posts.

What are risks today, that will kill workers while on the job tomorrow?

Steve Lombardi — Sat, 10 Dec 2011 04:00:35 -0600

To answer that question let’s look at some of the recent accidental deaths while on the job.

In the first case out of Salt Lake City a worker identified as Kelton Lee (55) a construction worker who was lifting a heavy piece of pipe when his legs gave out and the pipe struck him in the head. Although he regained consciousness he later died of the head injuries. Read more here from the Vernal Express.
Next we go to South Dakota where an article discusses the number of deaths in that state. It’s interesting that all workers killed in South Dakota last year were men; men must be taking more jobs with higher risk of injury. Here is a quote from that article. “All but one of those killed in South Dakota last year were men. The Labor Statistics bureau groups farming with forestry, fishing and hunting, and that sector had the highest number of worker deaths, 14. The construction industry followed with seven.
Every year since 2003, driving associated with work has been as dangerous as or more dangerous than fatal accidents involving equipment or objects and falls. Among fatalities last year, 16 were caused by transportation accidents, including nine highway deaths and seven nonhighway accidents.
Ten deaths occurred in accidents involving objects and equipment and five were caused by falls.
South Dakota closely tracks a national trend regarding transportation fatalities. Nationwide, 21 percent of the 4,547 people killed on the job last year died in highway accidents. The nine highway deaths in South Dakota represents 25 percent of the total work-related deaths.
Nationwide last year, 11 percent of those killed at work were murdered. South Dakota had no such cases.”
You can read that article from the Argus Leader here.

]]>

Heading east to Vermont we pick up an article out of Guilford, Vermont and Reformer Staff Writer, Chris Garofolo. He writes about a man killed when the tractor he was driving overturned, crushing him to death. People describe that accident as a freak accident but that I find hard to believe. First did the tractor have rollover protection? Second did the tractor have a seat belt and was the driver wearing it? Last thing to consider is speed and how unlevel the terrain he was riding on and what he was doing on it. While this is a tragic accident it’s more than likely one that can be prevented. You can read that article here.

Heading to New York we have an article titled “Architects of Brighton Beach condo in deadly collapse had history of flouting regulations.” I’m not sure of the facts so I won’t comment because this accuses people of flaunting safety rules and without knowing the details it’s not for me to comment on. But what we can surmise from what is said is that a building collapsed during construction and some workers were injured and one was killed. You can read the NY Daily News article here.

No country is immune to tragic work related deaths; even Nigeria has a problem. Read here.

Back across the Big Pond we head to the Midwest where Kansas is turning its attention to safety issues for workers who drive and die in car-truck-motorcycle-semi accidents. Read about their efforts here.

Other worker related death accidents include:

West York construction site lift fell on top of the operator. Another link.

In Spring Hill near Tampa, Florida a road construction worker was struck by a motorist driving though a highway construction zone. We’ve represented road crew workers in several injury related accidents.

In a similar type of accident a highway construction worker along I077 in Brecksville, Ohio was struck and killed when a semi-truck slammed into him. The worker, John Costlow of Akron was installing signs off the roadway when a semi went off the road, struck and killed him. Link is here.

Just one more and we are done for today. We go to Queensland and Melbourne, Australia. A worker was trapped under a “heavy load” and it killed him. So moving materials is a huge risk to workers and creates many safety hazards that can kill or injure them. Here is the link.

Many workers, many accidents, all different locations but several things in common to all – risk, not paying enough attention to safety, material handling, moving machinery, trucks-cars all moving with drivers paying little attention to their surroundings and highway construction crews who are sitting ducks with cell phoned drivers paying more attention to the call than the road.

Lawsuit over I-35 Pileup during 2010 Blizzard is a hard sell

Steve Lombardi — Tue, 06 Dec 2011 04:00:11 -0600

According to a story in the Waterloo Courier and one in the Mason City Globe Gazette a lawsuit has been filed by a Wisconsin couple following a pileup on Interstate 35 on January 25, 2010. A look at the photographs sort of say it all and begs the question the jury will certainly be asking – What were any of you doing driving during that storm? That's the elephant in the room that no will want to discuss but everyone will be looking to explain.

Lawsuit filed over pileup during 2010 blizzard on I-35, Laura Bird, Courier Lee News Service

Lawsuit filed in I-35 blizzard pileup, Laura Bird, Globe Gazette, Mason City, Iowa

Whose insurance is responsible in a rollover accident?

Steve Lombardi — Tue, 29 Nov 2011 04:00:42 -0600

For today’s article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff’s Office spokesperson described the accident for the WCF Courier as a single vehicle accident where she lost control of her driving on L Avenue north of 110^th Street, then entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She’s just 16 and probably inexperienced so we’ll leave it at that.

A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident.

]]>The third rollover accident takes place in Wyoming; it involves an oil field worker out of Gillette, Wyoming. The man was involved in a rollover accident where he broke his neck, was taken to the hospital complaining of neck pain and the hospital staff failed to discovery he had a broken neck. He suffered permanent nerve damage because of the delay of two days in diagnosing a broken neck. A malpractice case was filed and the jury returned a $9 million verdict. The man is reported to be Louis Prager of Montana.

As you can see each of these rollover case is different; seldom are two the same. In the first you have one young driver who could be considered the at-fault driver and with no passengers she would have the only claim. She would file with her own insurance company under the medical pay section of her policy. Beyond getting paid medical bills there is nothing to be paid for personal injury unless she can show there is something wrong with the road, the car she's driving or there is another vehicle with a bad driver.

In the second accident, the passenger’s estate (he is reported to have died), would file a claim with the driver’s auto insurance company and if he has low limits of coverage he may also file with the passenger underinsured motorist coverage policy. Of course if the driver is uninsured and the passenger had automobile insurance then his estate’s administrator will file under the uninsured motorist coverage.

In the third accident the oil service field worker was in the course of his employment at the time of his rollover accident so he would have several avenues to consider for personal injury coverage. First is the workers’ compensation insurance and that’s an easy one. The second depends on whether he was forced off the road by another car or not. If so then there is a third-party case against the at-fault driver and owner of the at-fault car. The next claim as you can see had to do with his claim of receiving shoddy treatment that fell below the standard of care in Wyoming.

So there you have it three different rollover accidents with three different results and places to file insurance claims. And you wonder why they call this “the practice of law”? Note, the operative word is practice.

The Broadside Auto Accident Case: Was the driver's view blocked, or was it inattention or could it be speed?

Steve Lombardi — Mon, 28 Nov 2011 04:01:41 -0600

Today’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

]]>What are the right questions to ask from the physical evidence and the eyewitnesses?

Ten things we want to know from the accident investigation:

We would want to know if there was an obstruction to the view of Mr. Pink.
We would want to know the speed of the Beatty truck?
We want to know how long any skid marks are along with where they start and stop.
We want to know the initial point of impact.
We want to know the crush depth into the Toyota.
We want to know if Mr. Pink was distracted while driving.
We want to know if any driver was under the influence of alcohol or drugs.
We want to know the chemical tests from the autopsy report and any administered to the other driver.
We want to view the scene and photograph it.
We want to interview any passengers.

Things to do right now:

Get the ISP Technical Investigation Report with Photographs.
Visit the accident scene.
Talk with as many witnesses as you are able.
Photograph the vehicles involved.
Photograph the scene.
Look in the vehicles for evidence showing the whereabouts of the passengers prior to the collision.

There are a lot more questions to be answered but this is a start. What we are evaluating is negligence of all drivers and the landowners who have a duty to mow their weeds. Remember right now you want to prove the facts not your case. Your case will be proven, or not, when you gather and preserve the facts.

The Iowa State Patrol describes the accident this way:

NAMES HAVE BEEN RELEASED, VEHICLE 1 WAS WB ON C57, AS VEH 1 ATTEMPTED TO CROSS THE SB LANES OF HWY 63 HE WAS STRUCK BROADSIDE BY SB VEH 2, VEH 2 WAS A PICKUP PULLING A TRAILER, VEH 1 ENTERED WEST DITCH SOUTH OF THE INTERSECTION, VEH 1 CAME TO REST IN DITCH FACING NORTH, VEH 2 ALSO ENTERED WEST DITCH AND FLIPPED COMING TO REST ON ITS TOP FACING NORTHWEST, THE TRAILER SEPARATED FROM VEH 2 COMING TO REST PARTIALLY ON TOP OF VEH 2.

Follow this link to read the Iowa State Patrol’s preliminary report.

Question: How is negligence determined in personal injury cases?

Steve Lombardi — Fri, 25 Nov 2011 05:00:41 -0600

Question: How is negligence determined in personal injury cases?

Does negligence have to be established in order to collect damages in any personal injury case?

]]>Answer: Negligence is a legal concept that establishes whether or not a party can be at fault and thus have to pay for someone else's damages. Yes, you have to prove someone was negligent in order to have any possibility of collecting damages. So what is negligent behavior? Negligent behavior is a breach of a recognized standard created by law, agreement of the parties or recognized behavioral standards.

Statutes and Black Letter Law: The statutory law states that everyone must stop at a stop sign. If you run the stop sign you are negligent.

Common Law: If you behave in such a way as to increase the risk of injury to another knowing injury is likely then you can be found to have been negligent.

Contract: General contractors agree by way of a written agreement (the contract) to supervise the construction site and to make sure every subcontractor is abiding by OSHA's rules and regulations. If the GC knows a sub is not following OSHA rules/regs or fails to monitor whether the subs are adhering to OSHA rules they can be found to be negligent.

Criminal Law: Criminal law says if I walk up and punch you in the nose I'm guilty of assault and battery. If I walk up to one guy but hit another due to my being too drunk to make a straight punch, then I'm probably negligent. That's a standard that can be applied to civil law to find you acted negligently.

Professional Standards: Professionals are held to a standard created and recognized by other professionals and the associations that govern their conduct.

These are not all the ways standards are found in the civil law, but it will give you some idea of how standards are determined to exist and therefore formulate the basis for determining negligent conduct.

wRonG-wAy dRIverS DRIVING us nUtS. Interstate Highway Drivers Saying, We Gotta Get Outta this Place.

Steve Lombardi — Mon, 21 Nov 2011 04:01:19 -0600

Animals, We Gotta Get Out Of This Place, 1965

We are back again with more wrong-way driving incidents on the interstate highway system across America. Let’s do the tally:

Places with and alleged reasons for Wrong-way drivers:

Honolulu, Hawaii with a young man balancing two jobs and probably tired (It is unknown at this time if speed, drugs or alcohol were factors in the crash, which occurred under clear skies in a well-lit area of the freeway.).

South Kingstown, Rhode Island, here is a quote: “Woods failed to perform the field sobriety tests to the satisfaction of the officers and was subsequently placed under arrest.”; moving on we head to

Doralville, Georgia where the wrong-way driver is reported by the news source to have been driving under the influence and after driving the wrong direction on Interstate 20 struck the car of a police officer, killing the detective. Another linked story with video. Mug shot of suspect.

Pewaukee, Waukesha County, Wisconsin, I-94 – “The Waukesha County Medical Examiner's Office is now reporting Ewing had a blood alcohol level of .35, nearly five times the legal limit.”

Franklin, Indiana – Johnson County, U.S. 31 south – “ … arrested on charges of operating while intoxicated, burglary and possession of stolen property, Johnson County Sheriff Doug Cox said.”

Chaska, Minnesota, Audobon Road – cause unreported although there is a hint in the following quote: “A Shakopee man was killed and three people were injured in a head-on collision Friday evening in Chaska.

Milwaukee, Wisconsin – Interesting story, FOX6 Investigation: What do all nine wrong way driving incidents have in common?

Nine wrong way driving cases on Milwaukee freeways in 2011

In 2009 nationwide, more than 1,700 people died in wrong way crashes. The problem has gotten so bad in Arizona that officials are now testing sensors that will detect if there is a wrong way driver, and notify others on the highway with electronic signs. Highway safety experts say all you can really do if you come in contact with a wrong way driver, is flash your high beams, and try to determine what lane the driver is in. Most often, they'll be in the fast lane, because they think they're in the slow lane.

Hartford, Connecticut – I-84 near exit 47. “A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford” A second link to this incident.

“Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 p.m. when he struck a pickup truck driving north.

Ballines Rios died at the scene.

The truck's driver and two passengers, all from Victoria, Minn., were treated at Ridgeview Hospital in Chaska and released, according to the Chaska Police Department.

Alcohol was detected on Ballines Rios, according to the State Patrol. “

Boone County, Indiana – I-465. “Investigators say open alcohol containers were found in the Pontiac.”

]]>

Here are links to all of these incidents. Remember we’ve been covering wrong-way driving cases for several years so if you want more information due to a relative or friend who died because of a wrong-way driver give us a call we’d love to talk to you. And check out the top reasons for wrong-way collisions, how to recognize when a wrong-way driver may be coming and how to avoid being struck by a wrong-way driver. It’s at the bottom of this page.

Investigators: Wrong-Way Driver Caused Fatal H-2 Crash
KITV Honolulu
According to traffic investigators, one driver is dead and two others injured after a wrong-way driver caused a three-car crash on the H-2 freeway Saturday morning. Investigators said the crash occurred around 2:20 am Saturday on the H-2 freeway ...

Police Log: Wrong Way Driver Charged With DUI
Patch.com
By Carl Critz Gwendoline Woods, 62, of 2 Colony Rd. in Charlestown was arrested for suspicion of driving under the influence of alcohol with a BAC of .15 percent or greater on Wednesday, November 16 around 8:50 pm after a traffic stop on Route 1. ...

Wrong way driver causes fatal crash on H-2 Freeway
KHON2
A 40 year-old Wahiawa man was killed when he was hit head-on by a wrong way driver on the H-2 Freeway Saturday morning. It happened at 2:20 am on the north-bound direction near Ka Uka Blvd. Police say a 21 year-old man from Waianae, driving a 1992 ...

DORAVILLE: Wrong-way driver had multiple DUI arrests
WXIA-TV
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on Interstate 20 has had several prior arrests, including two drunk driving charges. ...

Wrong-way driver was four times legal limit
Today's TMJ4
By The WTMJ News Team PEWAUKEE - The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit. Dawn Ewing crashed head-on into a car after driving about 8 miles the wrong way in the eastbound lanes on I-94 ...

Driver was DUI in wrong-way I-20 crash that killed Doraville cop, police say
Atlanta Journal Constitution
By Mike Morris and David Ibata A 39-year-old Dunwoody man was charged Tuesday with vehicular homicide and driving under the influence in a wrong-way crash that killed a police detective on I-20 in DeKalb County, authorities said. ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who was driving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver killed, three hurt in Chaska
Pioneer Press
Martin Ballines Rios, 40, was driving south in the northbound lane of Audobon Road at Wildflower Lane just before 7:30 pm when he struck a pickup truck driving north. The truck's driver and two passengers, all from Victoria, Minn., were treated at ...

Wrong-way driver causes deadly crash on interstate
Fox 59
The driver of the Pontiac died at the scene. His identity has not been release. His passenger and three passengers in the SUV were taken to the hospital with non-life-threatening injuries. Investigators say open alcohol containers were found in the ...

Wrong Way Driver Almost Hits Police Cruiser
KRIS Corpus Christi News
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets. A Corpus Christi police officer had to swerve to get out of the way of a Chevy Silverado heading the wrong way on ...

Tests Show Wrong-Way Driver In Fatal Was Drunk - Milwaukee ...
WAUKESHA, Wis. -- Toxicology shows a wrong-way driver in fatal crash was legally drunk. Friday, November 18, 2011.

Wrong-way driver was four times legal limit - 620 WTMJ ...
The driver in a double fatal wrong-way crash in Waukesha County was reportedly far over the legal limit.

Doraville Officer Killed In Wrong Way Crash « CBS Atlanta
By psati
Investigators say a Doraville police officer on his way to work, was killed early Monday, when a wrong way driver slammed into his car on I-20, in a pre dawn crash in DeKalb County.

DORAVILLE: Wrong-way driver had multiple DUI arrests | 11alive.com
DORAVILLE, GA -- 11Alive News has learned that man accused of killing a Doraville police detective while allegedly driving drunk and in the wrong direction on ...

Georgia Police Officer Killed by Wrong-Way Driver - Officer.com
Georgia Police Officer Killed by Wrong-Way Driver. Video. Created: November 14 , 2011. Recommend · Twitter · Share · Print ...

Wrong Way Driver Almost Hits Police Cruiser | Corpus Christi, TX ...
CORPUS CHRISTI - For the second night in a row a suspected drunk driver has been arrested for going the wrong way on city streets.

YouTube wrong way crash driver Shazida Begum banned
BBC News
A woman who admitted driving the wrong way down the slip road of a busy dual carriageway and crashing into two lorries has been fined and banned. The crashes happened in March on the A90 Aberdeen to Stonehaven road. Begum, 21, was fined £700 and banned ...

FOX6 Investigation: What do all nine wrong way driving incidents have in common?
FOX6Now.com Milwaukee
There have been several wrong-way drivers on Milwaukee's freeways, who eventually end up involved in crashes. The latest involved Dawn Ewing, who drove the wrong way for at least seven miles, before hitting the vehicle driven by father of three, ...

Wrong-way driver arrested in Franklin burglaries
Daily Journal
Police responding to a report of a home break-in south of Franklin found the suspect, who wasdriving the wrong way in the southbound lanes of US 31. In his car, they found a laptop computer and a breast pump that had been taken from the home. ...

Wrong-way driver on Hwy. 61 causes accident
Winona Daily News
An intoxicated underage Winona woman drove the wrong way on US Hwy. 61 Friday night, causing one crash that injured a woman before a second driver followed her and turned her in, according to the Minnesota State Patrol and Winona County Sheriff's ...

Wrong-way driver fleeing police goes to HPD parking lot
Houston Chronicle
Clark said York entered the 610 Loop in the Bellaire area going the wrong way and drove to US 290. Oncoming motorists had to maneuver out of his path. At times the chase reached speeds up to about 80 mph. York exited the freeway at Tidwell, driving the ...

SAPD arrests wrong-way driver on suspicion of DWI
KENS 5 TV
by Stacia Willson / KENS 5 A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated. San Antonio police received reports about an erratic driver at about 1:45 am Monday. ...

New technologies could prevent wrong-way drivers
Today's TMJ4
Drivers take a wrong turn and end up driving the wrong-way on the highway. The most recent case ended with two people killed. Wrong-way sensors have worked in North Texas. "We had a 44% percent reduction in wrong-way crashes and a 100% reduction in ...

Fugitive wanted in wrong-way fatal crash that killed Queens bar owner George ...
New York Daily News
He was sought for being the wrong-way driver who slammed his girlfriend's car into a livery cab in Queens last month, killing the livery passenger, Maspeth bar owner George Gibbons. Authorities pinched a fugitive in Connecticut Tuesday who was wanted ...

Man driving wrong way on SPID suspected of drunken driving, Corpus Christi ...
Corpus Christi Caller Times
An off-duty police technician reported a blue 1997 Pontiac Firebird going the wrong way on the highway near the Laguna Shores Drive exit, according to a news release. Police stopped the driver, who appeared intoxicated. He failed a field sobriety test, ...

Police: Drunk wrong-way driver kills man | Local & Regional News ...
One person is dead and at least one person is injured after an accident Tuesday night on I-105 in Eugene.
KVAL 13 - Local & Regional News...

SAPD arrests wrong-way driver on suspicion of DWI | kens5.com ...
A wrong-way driver sent police officers on a short chase overnight, and as it turns out, the suspect may have been intoxicated.

Wrong-way driver faces DUI charges - WFSB Channel 3
A man from Windsor is facing DUI charges after a wrong-way crash Wednesday night on I-84 in Hartford.

Wrong-way driver on Hwy. 61 causes accident
An intoxicated underage Winona woman drove the wrong way on U.S. Hwy. 61 Friday night, causing one crash that injured a woman before a second driver ...

Wrong-way driver in deadly crash had prior DUI arrest | 11alive.com
Wrong-way driver in deadly crash had prior DUI arrest. 5:28 PM, Nov 15, 2011 | comments. Gene Jones has been charged with DUI in the death of a Det. Shane ...

Wrong-way Drivers on the interstate highway

If you think wrong-way drivers on the Interstate Highway system is a once-in-a-while thing, think again. Look at these reports from Google. It seems like there is an epidemic of wrong-way collisions and crashes out there. We've had several wrong-way drivers and accidents in Iowa.

About wrong-way drivers

Wrong way drivers present an obvious danger to all motorists on our highways.

The most recent available crash statistics from the National Highway Traffic Safety Administration indicates wrong way drivers are involved in 1.5 percent of all fatal crashes.

Drivers who travel the wrong way on one way highways generally fall into one of eight different categories:

Intoxicated driver
Older drivers who easily get confused
Purposeful acts including attempts to commit suicide and criminals attempting to elude the police
Inattentive drivers who mistake an off-ramp for an on-ramp
Mental defect or disease
Prescription drug intoxication
Inexperience
GPS providing incorrect, inaccurate or confusing information

Safety tips and information related to wrong way driver situations:

Watch far ahead for signs of a possible wrong way driver, looking for signs similar to pending problems or developing emergency situations such as other traffic braking or swerving to avoid something, or the obvious - headlights coming in the opposite direction.
Caution against driving long periods in the left lane on freeways, especially on curves and over a hill or any rise in the road where you aren’t able to clearly see ahead.
Be aware that wrong way drivers usually drive in the passing lane believing they are actually on a two-lane highway.
The most common types of wrong way crashes are head-on or sideswipe crashes.

What should you do if you see a wrong-way driver?

Get to the shoulder and stop.
If you can’t get to the shoulder, slow down and attempt to safely stop your vehicle by pulling to the right.
Sound your horn.
Put on your lights and flash the high beams.
Call 9-1-1.
Before getting in the car wear your seat belts.
Drive in the right hand lane of travel on the Interstate.
When passing or coming to the crest of a hill look ahead for a wrong-way driver making sure the lane is clear.
Assume when in the left hand lane of a divided highway that you may come upon a wrong-way driver.
When driving on a divided highway stay vigilant and pay attention to what is ahead of you. Avoid allowing distractions to take your attention off the road ahead.

How can drivers avoid wrong-way driving?

Don’t drive drunk.
When coming to a divided highway come to a complete stop, look at and read the signs, making sure you know which way to go.
Don’t allow vehicles to the rear to rush you.
Stay off the telephone when driving.
Don’t allow distractions to interfere with being vigilant about your driving.
If you’re a young driver, don’t drive when the other passengers are a distraction.
If you’re an elderly driver, get evaluated once a year to see if your senses and skill level allow you to safely drive. Don’t be so stubborn about giving up your driver’s license that you ignore the signs of perception difficulties. Invest in and use a GPS.
Pay particular attention when driving north for southbound wrong-way drivers. For whatever reason there were more of these direction wrong-way drivers than any other.
Pay particular attention when driving after midnight and 2:30 a.m.

What else needs to happen to reduce wrong-way collisions?

States could identify the locations of repeated wrong-way entry points. Those points could be redesigned including tire puncture equipment such as we see in use at most parking ramps.
The Court’s must get very tough on drunk drivers and those who cause collisions from being on cell phones (talking or texting); more than they already have been.
The DOT should begin an education campaign for drivers to recognize and avoid wrong-way drivers.
The DOT should begin an education campaign to instruct drivers what to do when a wrong-way driver approaches.
States should further study wrong-way avoidance road and sign designs.
State DOT’s should consider a different middle line design with hash marks bent in the direction of travel and against the opposing direction.
Juries in civil actions need to send a clear message to offenders with large punitive damage awards.
The DOT needs to evaluate older drivers annually for visual and mental awareness; taking away driving privileges where there is risk.
Lawyers need to plead punitive damages in wrong-way collisions.
Victims need to be educated on what to do when they are involved in a wrong-way collision.
Witnesses of wrong-way collisions need to get involved with identifying themselves to police officers investigating a wrong-way collision. Those witnesses may have very valuable information to helping identify the entry points, causes and preventive measures.
DOT accident forms need to be amended to allow the collection of information to identify characteristics associated with causing wrong-way entry points, times when wrong-way collisions are most likely to occur and driver characteristics of those likely to drive the wrong-way. Children and friends of older drivers need to get involved with identifying those likely wrong-way drivers.
States should consider a radio system that would allow public service interruptions, like what is done on television when a weather emergency is eminent. It wouldn’t be perfect (not all radios are on) but something is perhaps better than nothing.

If you’re in an accident on I-35, I-80 or I-235 or any of the other interstate highways in Iowa give me a call. If on I-35 we can help you; so feel free to contact us and as always because we’d rather you call sooner than later.

Steve Lombardi, 1300 37^th Street, Suite 6, West Des Moines, Iowa 50266
Tel: 515-222-1110 Fax: 515-222-0718 Email: sdlombardi@aol.com

Traffic Violation Cameras intrusive, but reliable witnesses

Steve Lombardi — Thu, 17 Nov 2011 04:00:55 -0600

Here is a trial tip: The lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. Which means we have to learn where these cameras are located. As for clients who are in an intersection collision it’s better to get a lawyer onboard sooner rather than later. This is also a reason for the lawyers to get out to visit the accident scene. You just never know where a camera may be recording the events. The camera may be on a nearby building used as a security camera.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
Iowa Traffic Webcams from Leonards Worlds
Traffic Cameras by State – USA Russia Style link.
Iowa Webcams link.
Des Moines area links.
Iowa Red Light Cameras Map link.

Juvenile's Suicide Costs Iowa $400,000

Steve Lombardi — Wed, 16 Nov 2011 04:09:17 -0600

The estate of a teen who died after walking in front of freeway traffic will be paid $400,000 by the State of Iowa. The teen had been in a State of Iowa vehicle being driven by a social worker. According to the news report the teen was being driven to a youth shelter, threatened suicide, prompting the social worker to pull over on I-380. He then exited the car, walked into traffic and the cause was later ruled a suicide.

These are tough cases. I'd like to read that brief.

Title: ESTATE OF DENVER DANIEL PARVIN, DECD

Docket Number: 06571 ESPR034614

Venue: Linn County

Petition filed: 3/17/2010

Facebook: Rest in Peace Denver Parvin

Personal Injury News on The Edict from Central Iowa - November 5, 2011

Steve Lombardi — Wed, 09 Nov 2011 04:11:45 -0600

The dangers of Anhydrous work - In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It’s the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers’ compensation benefits, assuming the farmer bought the coverage. Buying workers’ compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse’s sake.

Grade School Bus Accident - In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver’s focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students. Update: No charges are expected against the bus driver or the school.

]]>Driver Distractions - In St. Ansgar, Iowa a Stacyville teen died when her car ran right into the back of a school bus. She is 17-year-old Allison Marjie Smith. One has to wonder if there was a distraction inside the cab or her Pontiac Bonneville.

Slow down and leave more room to stop - Next we move onto West Des Moines, my stomping grounds and Interstate 35 where we have a multivehicle crash. In this crash for whatever reason, not explained, a southbound vehicle is described as having crossed the median and crashing into a northbound car. This article is kind of sketchy so let me check the ISP reports to see if there is at least a preliminary report. Update: The driver of what appears to be the at-fault vehicle was Danny Knowles of Des Moines. He was 58-years-old. I’m still waiting for the other drivers to be identified. Update: Police spokesman is Lt. Jim Barrett.

Trucking, give them room - One of many accidents on I-80 this one near Coralville-Iowa City around 7:30 pm killed a driver. This is a truck driver who hit the barrier, the Jersey barrier, then rolled onto the left side and caught fire. The carrier is Dart Transportation out of Cary, Illinois. This will in all likelihood result in a workers’ compensation claim. The widow, if any, should contact the Capron & Avgerinos firm that does good work out of Chicago, Illinois. They are a firm that handles workers’ compensation injury work. If it’s Iowa benefits they need or want we can help you. 515-222-1110 or sdlombardi@aol.com. I’ll check further reports and add to this post.

Can you say carbon monoxide poisoning - A metro Ice Arena mysterious illness is probably carbon monoxide poisoning from either the Zamboni or else a fresh air intake vent. Although Urbandale police did not find elevated levels they might check out venting where the patrons were seated. I’ve seen this up north at UNI where deliver trucks would park with engines running outside the facility, a lab, and the fumes were then being sucked into the building making the lab workers sick. I’ve covered carbon monoxide poisoning previously. Follow this link to the Lombardi Law Firm search for carbon monoxide poisoning.

Unexperience and Teen Driving - Onto Winneshiek County we head, where a one-vehicle crash killed a Minnesota teen and injured several others. Riding as a passenger in a Ford F-150 pickup truck Joshua Evers, just 18 out of Rochester, Minn. died as a result of personal injury caused by the collision. ” The injured include the driver, Brenden Christensen, 18, of Winnebago, Minn.; Bobby Wild, 19, of Lansing, Ia.; Shenyse Tharp, 18, of Holy Cross, Ia.; Trey Dylsin-Hillyer, 18, of Frost, Minn.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn.”

According to the article from the Register Christensen was the driver and failed to negotiate the curve at 245^th Avenue to the north of 200^th Street. The accident happened at around 9:15 a.m.

Medical condition while driving - From northeastern Iowa we go again to central Iowa and specifically to Ames, Iowa and back again on I-35. In this car or bus accident the rock-band bus for Georgia rock band Widespread Panic died of a medical condition just prior to a series of collisions. I’ll update this post with names when I locate the accident report. I keep trying to persuade my wife that we should buy a rock band bus, make fake rock concert tickets and t-shirts, then get on the road giving them away. All across the country we will take pictures of people with promoting gullibility and having a great time. Update: Interesting enough this chain reaction is described as common when people driver and fail to leave enough room between the front of their car or truck the rear of the one to the front. Add speed and you’ve got a recipe for disaster.

Watch the road - On U.S. Highway 59 Marcella Schwery, 68 from Panama is thought to have crossed the center line hitting a car being driven by Christina Cotant, 26 of Avoca. It looks like three people were killed including Robert Schwery, 71 of Panama. Check out the article here. If the cause of this head-on collision is accurate then Schwery would be the at-fault driver, although if there was a medical emergency she may not have been excused from her fault. Interesting huh?

Playing by the rules - More charges came out of Polk County over the filmmakers’ use of tax credits. See the article here. These have to do with two California filmmakers. Can you say black eye?

The Economy makes people do stupid things - From Iowa Orchard we have the Great Pumpkin caper and 220 pumpkins going missing. Seems like a sign of these bad economic times.