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

Gladiators.jpgQuestion: 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?

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Wrong-way Interstate Accident Reports to December 20, 2011

Arctic Iceberg.jpgHere 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, ...

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Question: How is negligence determined in personal injury cases?

Domenico-Fetti_Archimedes_1620 Wiki.jpgQuestion: How is negligence determined in personal injury cases?  

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

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

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.”

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Traffic Violation Cameras intrusive, but reliable witnesses

snowy country lane.jpgHere 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

Wrong-way Interstate Accidents for November 14, 2011

A_Scene_in_the_New_York_Morgue.jpgMore wrong-way interstate highway accidents to report. This wrong-way events described in this post have mostly alcohol related causes although three other causes including an apparent suicide, mental illness and an elderly driver are in the mix. Still the predominant cause remains driving while impaired by alcohol.

In this issue those States with wrong-way drivers include: Wisconsin on I-94 (blood tests given to driver, no official condition assessment – video from TMJ-4); Georgia on I-85 (driver charged with DUI); Canada, Burlington in Queen Elizabeth Way (elderly driver); Florida on U.S. 17 (driver charged with driving under the influence and manslaughter); Oregon on Southwest Highland Avenue (Driver “was booked into the Deschutes County Jail on several charges, including felony elude, reckless driving, DUII, unlawful entry into and use of a motor vehicle, misdemeanor driving with a suspended license, and first-degree theft.” ); Wisconsin on I-94; Illinois on I-88 (cause may be suicide - The day of the crash, police said, witnesses reported seeing Howe throw handfuls of cash from his red 2006 Porsche just before he drove through an emergency vehicle turnaround and headed east in the westbound lanes of Interstate 88 near the Morton Arboretum in Lisle. Records indicate that Howe had a history of financial problems and arrests for DUI, one of which occurred in February. His attorney, John Curnyn, also has said Howe suffered from Huntington’s disease, a progressive brain disorder that the lawyer said may have impacted his client’s judgment and caused depression.) Washington, Spokane on Southeast Boulevard (Cause appears unknown but not alcohol related - Police say a Honda CRV was speeding while driving against traffic on Southeast Blvd. Thursday afternoon. The driver, 40, collided with the FedEx truck near 29th.- Police say alcohol does not appear to be a factor in the crash.); California on I-90 (Cause allegedly described as follows: [Driver] complied, shouting that he didn't want to die, it said. "The driver's muscle tone was extremely rigid. His eyes were bloodshot. His breath was halitosis. Large beads of sweat were standing out on his head. His breathing was very fast. There was a line of dried saliva around his mouth. His ‘Denver Broncos' sweater was soaked with sweat. He kept repeating that he had not done anything to anyone and he did not want to die," according to a report from Novak included in the affidavit. Shepherd told Novak he'd been driving the wrong way because someone was after him - but said he didn't know who, the report said. "Mr. Shepherd made several mentions of someone slipping him something in a recent drink," the report said.); Texas on I-84. (Cause described as follows: “[Driver] was not wearing a seatbelt and alcohol is thought to be a factor, the release said. The crash is under investigation.“; and Boise, Idaho on I-84. (Cause alleged to be related to alcohol.) 

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Wrong-way Interstate Accident Reports for October 22, 2011

Drunk Driving.jpgI've been covering wrong-way interstate highway accidents for several years now. Today's post is a reminder of the causes, prevention measures you can take and how to recognize when you may be heading towards a driver going the wrong-way on the interstate highways in your state. 

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. 

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Recent Iowa Cases of Interest

Smoke Blue Stream of Smoke.jpgWhat’s going on in Iowa courts? That depends on what you read and who you talk with. There are many different cases of interest from the Heartland. There is one I just couldn’t help but report about.

High speed chase in Urbandale following a Medicap Pharmacy burglary call. This reminds me of the case involving the burglar who stole the erectile dysfunction drugs. The APB was for a hardened criminal. Which brings us right on to our next criminal case, one for assault.

A better way to get men to ask you out than joining eHarmony, Match.com or any of the other dating sites. This method beats having a Facebook page although the FB page might enhance the publicity you get. Woman Accused Of Hitting Boyfriend Who Refused Sex

A Johnson County judge declared a mistrial in a first-degree murder trial involving a 19-year-old man allegedly shooting a landlord. Whether the prosecutorial misconduct reaches the level where it triggers double jeopardy will be later determined. The mistrial declaration followed the showing a video tape that included references to excluded evidence. Oops!

Big brother has a very fat finger. Traffic cameras capture one license plate but the fat fingered operator entered another and sent a ticket to the wrong person. Poor Sarah Sharpnack has a car with the license plate 972YOB and the video shows a white pickup truck with license plate 972YDB. Hmmmm…. Garbage in garbage out. 

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Facebook News Feed and Distracted Driving - Posting from the morgue.

A_Scene_in_the_New_York_Morgue.jpgSomething is very wrong out there when there are so many wrong-way interstate driving events along with digitally distracted drivers. Is it distracted driving, or drunken drivers, or a combination of the two? I’m writing today because of what one younger client told me this week.

We were discussing texting while driving and I’ve now been informed that texting is dead, finished, gone by the wayside, done, fini, finished, passé’. Yes sir they no longer are texting. Now they Facebook while driving. Using Facebook’s news feed the drivers are looking at pictures, reading text and posting to their FB pages while they attempt to drive.

Texting is so yesterday.

Distracted driving and dumb drivers are a lethal combination. Here are today’s articles on wrong-way drivers. 

Please follow these directions to know how to post that you're on the way to the morgue

http://youtu.be/dES9_n7ou8w

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Fatality Reports for Wrong-ways - Take Away the Bottle, Not the License.

Bar Tap Beer.jpgAgain we have multiple reports across the United States of wrong-way drivers on the Interstate Highway system. Most are drunken drivers. That’s the number one cause. Suggesting new or different signs isn’t the answer to correcting the problem. After all drunks aren’t prone to read because they aren’t thinking clearly. Taking away the drunk’s license isn’t helping. Instead we probably need to think outside the box and take away their right to buy alcohol. That’s right; take away their keys to the bar, the liquor store and the grocery store. How? Make everyone’s driver’s license scannable with a bar code and when the drunk get’s a DUI or DWI restrict their license making it illegal to sell them booze.  Will it work? Who knows, we won’t know until we try it. What we do know is that it’s not working with what we are doing and it’s all costing us an arm and a leg.

The Lombardi Law Firm site has an entire wrong-way accident section dedicated to the interstate highways in Iowa. If you would like to see the common threads with this type of accident I’d suggest you follow this link and perhaps I’ll add them to the end of this analysis. 

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Wrong-way Interstate Accidents and Events as of July 7, 2011

Wrong way sign.jpgToday we have several wrong-way collisions from around the nation. These are the scariest accidents to avoid because death is almost a certainty. These accidents are at high speeds and usually with a drunken driver.

The Lombardi Law Firm site has an entire wrong-way accident section dedicated to the interstate highways in America including Iowa. If you would like to see the common threads with this type of accident I’d suggest you follow this link and learn how to avoid them.

Wrong way driver jumps off bridge
BBC News
The spokesman said: "It is believed that the driver then exited and subsequently jumped from a nearby bridge." He was taken to Newcastle's Royal Victoria Infirmary, where he is in a serious condition. The four other injured people were taken to the ...

Wrong-Way Driver on Michigan Avenue Strikes Pedestrians
NBC Chicago
By Pam Oliver, Carol Ash and BJ Lutz Two people were injured Friday evening when they were struck by a vehicle driving the wrong way down Michigan Avenue. The incident happened just after 5 pm when an 80-year-old female driver in a red car was ...

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Another Wrong-way Highway Driver in Iowa

Not just another day in paradise, because we have another wrong-way driver case in Iowa. Unreal is how many people in Iowa would describe it, but for me after 3+ years of reading about wrong-way interstate drivers I understand the whys and so I accept it as inevitable. This is I believe is the 4th case in less than a two-year time. Little old sparsely populated Iowa and here we go again.  Wow, this is getting serious. What’s going on out there? We are all on automatic pilot running on a treadmill, faster and faster and going nowhere but getting there fast.

I’ve been writing about these cases now for over three years, have reported on thousand’s of wrong-way events, collisions, accidents, deaths and whatever’s – have even come up with common threads as to what facts seem important. If you asked me three years ago how many wrong-way interstate accidents occurred I would have told you rarely, but that’s not true. They are far too common not just here in Iowa, but in every state in the union and across Europe. At the end of this blog I’ll again add my lists of common threads along with the most recent news reports. This isn’t all the most recent news reports. If you want to see how many wrong-way collisions there are follow these links to both the Verdict and the Edict.

Briefly, the latest one was in Warren County Friday morning on Highway 5 and involved a Chevy Tahoe SUV, a semi-truck and a motorcyclist. I couldn’t think of a worse mix of vehicles for a wrong-way collision. Welcome to Iowa, a surprising place to live. WHO covered the story.

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Honesty and fairness have nothing to do with insurance defense - HONEST!

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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Wrong-way Drivers on the interstate highway April 2011

If you think wrong-way drivers on our nation's interstate highway system is a once-in-a-while thing, think again. Look at these news 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.

The first time I read a news story about a wrong-way driving accident I thought it was so unusual that I began researching the incidence of wrong-way collisions. Since they I’ve read over a thousand news stories and find what’s unusual is that these accidents aren’t all that unusual. Shocking is a better way to describe how common they are. Drunken driving is the number one cause. Here today on wrong-way Thursday we have another 166 news stories about wrong-way events/accidents/crashes from across America and Europe. Following the news stories you will find the facts common to most wrong-way collisions and my own suggestions on how to avoid driving the wrong-way and how to avoid being hit head-on by a wrong-way car or truck.

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Should Wrong-way Drivers Lose Their Driver's License for 10 years?

Wrong way sign2.bmpAnother wrong-way collision day at The Iowa Edict and even I am shaking my head wondering what is going on out there on the interstate highway system. Here at The Edict, today is the day of infamy when wrong-way drivers get their stories posted so we can all learn to drive the interstate highway system in a way to protect ourselves and our loved ones from getting in a head-on crash with a wrong-way interstate driver? I have to say that even I am stymied by the sheer number of wrong-way events over this past week. I’m not sure if it’s the economy that is causing people to drink more or if the weather getting warmer more cars and trucks are out on the roads, but the number of wrong-way events reported in this post has even me shaking my head. This is an unusually high number.

We ask today's question because assuming they don't kill themselves society has to do something proactively to slow down the carnage on the interstate highway system.

Today’s Question: Should wrong-way drivers lose their driver’s license for 10 or more years?

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Wrong-Way Interstate Drivers - Inexperience, alcohol or cell phone?

Wrong way sign.jpgIowa has had it's third wrong-way interstate driver in the past two or three years. This one may be from inexperience or it could be from alcohol or a cell phone distraction; the report isn't clear in that respect and may never be. I've been covering wrong-way accidents on a nationwide basis for a couple of years now. Maybe it's more of a matter of self-preservation and the safety of my family that has me covering 'ghost-drivers', but I do. Here are the conclusions I've drawn from reviewing literally hundreds if not more than 1,000 news reports about the causes and effects.

If you think wrong-way drivers on our interstate highway system is a once-in-a-while thing, think again. It seems to me like there is an epidemic of wrong-way events and crashes out there.  I post the news alerts for wrong-way news stories and there are always 10 or more every week. Here in Iowa we've had several wrong-way drivers and accidents; of course wrong-way accidents are what gets reported.

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

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01/07/2011: More Wrong-way Interstate Highway Drivers

Wrong way accident figure.jpgToday we are covering several more wrong-way collisions, drivers, events and incidents on our nation's interstate highways. I've been following these for several years hoping to make people more aware of how they occur and more importantly how to avoid being a wrong-way driver. If you get clobbered by one it's likely you will be seriously injured or even killed. So knowing how to avoid them is equally important. I post more of these than I really would like to be writing about, but it is what it is so here are more news stories telling us all about wrong-way drivers across the United States. At the end in the footer I’ll list my suggestions on how to avoid wrong-way drivers and how to avoid being a wrong-way driver. Enough said; if you’re injured by one give me a call and we can talk about your legal rights. Onward we march...

Police: Wrong Way Driver from Port Washington Arrested for DWI in Wantagh
Patch
At 2:10 am a Nassau County Police Ambulance Technician observed a driver operating a 2010 Toyota Corolla eastbound in the westbound lanes on Sunrise Highway ...
See all stories on this topic »

Woman hit by wrong-way driver says she feels lucky to be alive
KOB.com
Police say Holmes, 26, was driving drunk at a speed of well over 100 miles per hour the wrong way on I-25 south of Santa Fe. Holmes died on impact after ...
See all stories on this topic »

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Wrong-Way Interstate Drivers - Conclusion

Liverpool.jpgLet's conclude this series on wrong-way drivers till another day. I've covered it now for over a week and although there are many more wrong-way reports, it's time to move on. Below the fold is the summary and that's what is essential to understand why it's occurring. I'm hopeful Judges who are required to sentence wrong-way drivers can draw from this research and it will allow them to better effect public policy through sentencing. Of course I'm always available to discuss my conclusions.

Vancouver, Washington – January 10, 2010 – This wrong-way driver had been to a funeral home service and then ended driving the wrong-way on SR 14. Driving her Honda east in the fast lanes of travel on the westbound side she died in the head-on crash. In an interesting fact in this story is how many cars swerved to avoid the wrong-way driver and she remained undeterred from going the wrong-way. One has to wonder what was on her mind.

Boring, Washington – December 19, 2009 – The driver of the Toyota Prius heading in the wrong-direction died in this crash that took place on U.S. 26, again, while heading east in the westbound traffic lanes. Personal injury and death involved.

Pendleton, Washington – August 15, 2009 – A 2000 Pontiac Gran Am was traveling eastbound in the westbound lanes on I-84 when the driver met a semi-truck heading the wrong direction. Three vehicles were involved in the collision and personal injuries required the passengers to be taken to an area hospital. The accident happened at around 7:00 a.m., Sunday.

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Wrong-Way Interstate Drivers - September 2009

Wrong way sign2.bmpBoise, Idaho – September 30, 2009 – The 911 calls started at 12:30 a.m. and pointed in the direction of an eastbound car in the westbound lanes of I-84. One driver to avoid a head-on collision drove into a construction area and crashed. The wrong-way driver eventually drove into a construction are, struck a pile of concrete and crashed. She was taken to the hospital. Idaho State Troopers were reported pointing to alcohol as the most likely contributing factor for this 17-year-old female driver.

Grand Rapids, Michigan – September 30, 2009 – In court and looking entirely somber, this wrong-way driver is reported to have been sentenced to four years and nine months in prison for his wrong-way drunk driving on I-196 in May 2009. The judge could have given him 15-years. The report indicates a Grand Valley State student died in the crash. A description by a passenger in the dead girl’s car is probably the most sobering revelation to read. "The vision of her crushed, lifeless body stays in my mind over and over," said Leslie Kidd, O'Brien's sister. "Blood dripping on the floor. Glass stuck to her hair. I cannot get these images out of my mind. It has all but driven me to the brink of insanity." The accused made a statement asking for forgiveness.

Canyon County, Idaho – September 29, 2009 – From the Idaho Press this seventeen year-old-driver was going the wrong-way likely as a result of intoxication. There were several collision reported on I-84 caused by this eastbound driver being the westbound lanes, forcing other driver’s off the road until finally he crashed into a pile of fresh asphalt. He was taken to the hospital.

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Wrong-Way Interstate Drivers - October 2009

Wrong way sign.jpgCalifornia-Oregon Border – October 31, 2009 – An elderly man driving the wrong direction on I-5 at 10:21 a.m. crashed head-on with another truck and killing them both. The at-fault driver was Gerald L. DeRosa, 78 and the not-at-fault driver was a 34-year-old woman from Washington State. Looking at the image shot by Mike Slikiyou the crash scene is just around a curve in the interstate highway. It’s a bad scene, but a great image. Good angle, terrific lighting and it shows the rescue workers in action. Traffic was tied up for over four hours.

Healdsburg, California - October 31, 2009 – A woman was killed when a wrong-way driver in a 1991 Ford Explorer struck her head-on. The wrong-way driver was heading north in the southbound lanes on Highway 101. This highway is also known as Old Redwood Highway. The at-fault driver was treated for minor injuries. According to the report this driver was treated for minor injuries, then taken to the Sonoma County Jail by CHIP’s and charged with gross vehicular manslaughter, felony driving under the influence of alcohol, felony driving the wrong-way on a divided highway, causing death and driving without a license. Report indicates alcohol was a major contributing factor. Follow-up story named the victims. See Driver, victim named in Healdsburg wrong-way accident. This at-fault driver from Geyserville is reported to have been arrested and later arraigned in Sonoma County Superior Court. See Driver in Fatal Wrong-Way Crash to Be Arraigned Tuesday - Created by Kimberlee Sakamoto on 11/2/2009 1:04:00 PM. The at-fault driver is reported to be 26-years of age and injured only slightly.

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Wrong-Way Interstate Drivers - November 2009

Steering Wheel Old Car.jpgThis week we are covering wrong-way collisions on the U.S. Interstate Highways. Monday's post listed the why's, how's and when about wrong-way collisions. If you're interested in reading conclusions go to Defending Against Wrong-Way Interstate Drivers. Today I cover those stories read in November 2009. As you will see it was a busy month for wrong-way drivers.

San Antonio, Texas – November 29, 2009 – Driving south in the northbound lanes of U.S. Route 281 near Thousand Oaks Drive at 4:30 a.m., Saturday this wrong-way collision took the life of the not-at-fault driver. Charges of intoxicated manslaughter reported.

Louisville, Kentucky – November 25, 2009 – Watterson Expressway is the location of this wrong-way report involving a 31-year-old woman driving east in the westbound lanes. Both drivers in this head-on collision were pronounced dead at the scene. Alcohol is reported to be a factor.

Grand Rapids, Michigan – November 25, 2009 – This wrong-way driver is allegedly charged with second-degree murder in the November 23rd collision that resulted in the death of a first-grade teacher. This 38-year-old man was wheeled into court in a wheel chair. Allegations include driving south in the northbound lanes or East Beltline near Five Mile Road at 7:00 a.m. One fact that is incredible is the BAC being .425%, more than five times the legal limit of 0.08 in Michigan. The defendant was hospitalized and the bond was set at $500,000. As reported, “Franco-Avina was ordered to not have any contact with Haynes' family, he cannot have any alcohol, he cannot drive and he cannot leave the state.” See also Charges filed for driver in fatal wrong-way crash by WZZM-13-ABC.

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Wrong-Way Interstate Drivers 02/20/2010 to 05/15/2010

oldcar.jpgHere are the wrong-way accidents I found over the period of time in the title. To see a list of how to stay safe from these drivers click on this title: Defending Against Wrong-Way Interstate Drivers. Today I cover those stories read from Februrary 2010 to May 15, 2010. November 2009 had so many I will post them on Monday. As you will see, this is another busy period for wrong-way drivers.

East Hartford, Connecticut – May 15, 2010 – A wrong-way driver’s progress was stopped a Connecticut State Trooper who stopped his cruiser right in the path of the oncoming car. Just before the crash he leapt to safety. Interstate highway involved in this one is I-84 eastbound lane at 1:00 a.m., Saturday with the driver of course heading in a westerly direction. The wrong-way driver was 64-years-old and treated for minor injury.

Flagstaff, Arizona – May 8, 2010 – An I-40 head-on wrong-way crash on a Thursday at 10:45 p.m. occurred in the westbound lanes as this at-fault driver caused more than a dozen people to be injured; he and one other person died. He drove a pickup truck that crashed head-on with a semi-truck. The semi burst into flames and that driver got out before being seriously injured. As the wrong-way truck continued it sideswiped a van with correctional officers as passengers; then a 4th vehicle occupied by Marine recruits was struck by debris. The wrong-way driver was Jose Martinez, a 51-year-old man from Phoenix and he died. As traffic was backed up waiting for the highway to be cleared another accident occurred involving another semi-truck that rear-ended a Peterbilt and also involved a cattle truck and trailer. Other cars were involved. These wrong-way collisions can obviously cause other collisions or setup a scene where other accidents are more likely. In the second set of collisions another man was killed as he slept in the sleeper. Was this driver texting? Some of the cattle had to be put down.

Bartonsville, Pennsylvania – May 7, 2010 – Heading northbound in the southbound lanes on I-80 lead police to suspect this driver may be driving drunk. He was stopped charged with DUI along with several traffic related violations. He was a 19-year-old East Stroudsburg man. Welcome to the Pocono’s.

Edmonton, Canada – May 7, 2010 – In this wrong-way collision on Highway 16 near Edson the at-fault driver died as his car crashed head-on with a semi truck traveling in the eastbound lanes. His car, reported to be a 1996 Ford Taurus burst into flames. No indication of the possible reasons or contributing factors why the driver would be heading the wrong-way on this divided highway.

Maryland-Delaware State Line on U.S. Highway 50 – May 7, 2010 report from and attornye’s blog. In this double-fatality at 3:00 a.m. a 26-year-old man Malpico Alaniz Stephens from Delaware was later charged with vehicular manslaughter for an alcohol related driving death. The two people in the not-at-fault vehicle were killed.

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Wrong-Way Interstate Drivers 11/30/2009 to 12/08/2009

workinprogress.jpgAs surprised as I was when first reading wrong-way collision incidents the more interested in why they occur I became. By far the leading cause is driving while under the influence of alcohol. I like driving in the interstate highway system so the likelihood of a wrong-way driver coming towards me became an obsessive challenge. Staying safe and recognizing how to avoid a wrong-way interstate highway collision is why I've read hundreds of the reports about them. Today we have more and in each I've summarized my findings. This is a month period at the end of 2009. It wasn't a very prolific period, but one is too many.

San Antonio, Texas – November 30, 2009 – Errol Moore, a 44-year-old man attempted to drive onto Interstate 35 using an off ramp at Rittiman Road. He ran head-on into a SUV being driven by a 23-year-old woman. He was killed and she was taken to Northeast Baptist Hospital. Moore was taken to the Brooke Army Medical Center. Blood work for alcohol wasn’t done because of his need for a blood transfusion. The time of the collision was around 4:30 a.m. He was attempting to head south in the northbound lanes of travel.

Durango, Colorado – December 1, 2009 – This wrong-way driver is reported to have been observed driving the wrong-way down a city street. When police attempted to stop him he attempted to out-run them. He drove down another street the wrong-way and up onto the sidewalk striking parking meters and a news stand. When his power steering quit working he was appended. This all started at 12:41 a.m. The driver is 21 and he was arrested for suspicion of drunken driving, felony assault on a police officer, criminal mischief, vehicular eluding and reckless driving.

Arcola, Illinois – November 29, 2009 – I-57 wrong-way for over seven miles on a Friday afternoon in the northbound lanes. The wrong-way car was spotted by an Illinois State Trooper that got him stopped before an accident occurred. He must not have been drunk; my guess is he was elderly, because the trooper called his family members that picked up the driver after which his car was towed away.

How can we prevent wrong-way collisions on the national highway system?

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Defending Against Wrong-Way Interstate Drivers

Blurred Van.jpgNormally I stay away from what can be considered boastful statements, but in this instance I'll break that rule. I’ve read more wrong-way accident news reports than anybody in the United States, maybe the world. I’ve studied them for over three years. Over the next week I'll post a compendium of wrong-way accidents for an extended period of time. In Germany these accidents are referred to as Ghost riders. Let's define what we mean by wrong-way drivers.  A wrong-way driver is one driving the wrong way on the interstate or any divided highway and it includes the on and off ramps. An example would be a northbound driver in the southbound lanes of travel. As you can well imagine the consequences of a head-on crash between two vehicles running at 70 mph is deadly. I'm going to dig up my old posts and repost them this week so you can have the benefit of proof. Here are my findings.  

Here is what I’ve compiled about the causes, what to do when you encounter a wrong-way driver on the Interstate highways in America, how possibly to avoid wrong-way driver situations and how to prevent them from occurring.

What are the causes of wrong-way drivers, aka “ghost riders”?

  1. Alcohol or drug related driver confusion.
  2. Old age and confusion.
  3. Mental defect or disease.
  4. Purposeful acts including attempts to commit suicide and criminals attempting to elude law enforcement officers.
  5. Inexperience.
  6. Signage confusion and road design.  Broad medians can cause sight confusion with situational awareness.
  7. GPS providing incorrect, inaccurate or confusing information.

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Interstate Highway Safety: Part I - Ghost drivers continue to be a problem on U.S. Interstate Highways

Wrong way sign.jpgWhenever I read about another wrong-way interstate highway accident I ask myself a question. Was it booze or drugs, old age, sign pollution, improper sign wording, a language issue, a lighting issue, being in a hurry, being distracted or just inattentiveness that causes someone to turn the wrong way? I’m not talking about falling asleep or a sudden medical condition or any of the causes that makes someone simply cross the center line on an undivided highway. I’m talking about a divided highway where a person turns left rather then continues across the median strip before turning.

More often than I think most people would like to believe there are wrong-way collisions where two or more cars collide, with one driving the wrong way on the Interstate. The interstate highways here in Iowa are I- 80, I-235, I-380 and I-35. In the recent past, to name a few, there have been wrong-way collisions in Richmond, California, Salem, Oregon and Iowa on I-80.

Like accidents from running a stop sign this issue has come up a few times in my practice and each time it puzzles me. You would think no one could purposefully turn and drive the wrong way against traffic, but  they do.  For the next few days let’s look at wrong-way collisions.

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Listen... Here that? "Ka-Ching" What is it?

smile_1.jpgThat's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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