Tragically, a motorcyclist was killed yesterday evening as he was exiting an Iowa construction zone. According to witnesses, the motorcyclist collided with a minivan while trying to move out of the way of another car attempting to pass him when the roadway opened back into two lanes.
Car Accidents in Construction Zones Unfortunately, accidents in and around construction zones such as this are all too common. According to the NHTSA, there were over 67,000 work zone crashes nationwide in 2013 alone, resulting in hundreds of fatalities. Some of the Causes of Construction Zone Car Accidents in Iowa can include:
If you or a family member is injured in a motor vehicle accident in or near a construction site in Iowa, you should speak with an experienced personal injury lawyer to determine fault in the accident. It may be the fault of another driver or it could also be that the construction company or a subcontractor is responsible. In the case of motorcycle accidents specifically, motorcyclists are rarely at fault in an accident as they typically operate with a heightened sense of awareness and safety. Working with experts, the Law Offices of John T Hemminger can help to reconstruct the accident to prove precisely how it was caused and who is responsible so that a just resolution can be obtained. If you or a loved one was injured in a motor vehicle accident in or around an Iowa construction zone, contact the personal injury, wrongful death Law Offices of John T. Hemminger for help. We have over 30 years of experience helping Iowans who are injured get the compensation they need.
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Two Ankeny pitbulls, declared vicious in a 2014, attacked and killed a small dog yesterday and menacingly approached the 81-year-old owner when she intervened in an attempt to save her dog.
A similar incident played out in Jasper County in August when a woman walking her dogs was set upon by another group of neighborhood pitbulls. In the scuffle that followed, the woman, the other dogs’ owner and a boy were all injured trying to get the dogs under control. In an effort to prevent incidences such as these, which clearly can present a safety hazard to residents, the city council of Des Moines is intent on holding owners more accountable for misbehaving pets. According to city standards, pit bulls, American Staffordshire terriers and Staffordshire terriers are defined as high-risk breeds and their owners will face more discipline if their dogs are involve in biting incidents. Owners of high risk breeds, previously referred to as vicious, may also be subject to additional restraint requirements and be required to obtain insurance. Although many owners of these specific breeds complain that their dogs are being unfairly targeted, the council maintains that while pitbulls in general are not bad dogs, “when they do bite, they maul” and, in the scheme of things, “a bad poodle is not the same thing as a bad pitbull”. Statistics appear to support their views, According to available data, of the 34 U.S. dog related fatalities in 2015 alone, pitbulls contributed to 82% of the deaths, with rottweilers as a distinct second. The same combination, was responsible for 76% of 232 fatal attacks over an 11 year period running 2005 – 2015. Unfortunately, many of the victims were children. If you or a family member is involved in an animal attack it can be a very frightening experience and may result in serious injury, disfigurement and scarring, or even death. A person bitten by an animal may have a legal right to recover damages from the animal’s owner or responsible party. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage and sometimes punitive damages. If you or a loved one has been injured, contact the Iowa personal injury Law Offices of John T. Hemminger for help. Sources: WHOTV, 2 Pit Bulls Attack and Kill Chihuahua in Ankeny, Owner Could Face Fine, by Ben Oldach, October 27, 2016.; dogsbite.org, “2015 Dog Bite Fatalities”, accessed October 27, 2016. Unfortunately, workplace injuries are all too common leaving many workers with unforeseen medical bills, lost wages and sometimes permanent disabilities.
Each year thousands of workers are injured – some fatally – while operating a forklift. Being crushed by a forklift tipping over is the leading cause of forklift-related deaths in the U.S. In the event of a tip over, drivers are safer strapped in by a seat belt because of the reduced risk of falling out. Despite the known precautions, some companies do not ensure that their forklift operators are safe. A seafood processing plant in Washington was recently fined $70,000 for serious workplace safety violations, many of which involved not performing regular forklift safety inspections and neglecting to fix reported defects such as broken seat belts. Just this past April in Iowa, a postal facility was cited for two repeated violations linked to forklift operation. Following a complaint that operators were handling unstable loads and driving forward with no clear path of visibility, the Occupational Safety and Health Administration (OSHA) found that employees were dangerously exposed to crushing and struck-by hazards while operating forklifts. The law requires employers with workers who move materials with forklifts to ensure loads are stable, and pathways are clear to prevent injury. Serious physical harm or death can result from a hazardous condition in the workplace. If you or a family member has been injured on the job, contact the workers compensation personal injury lawyer John T. Hemminger for help. While you may have been told that the only compensation you can receive will come from your employer’s workers’ compensation insurance, there may be situations in which you may be able to sue for damages caused by your injuries in cases of negligence or third party liability. Call us today for a free initial consultation regarding your case 515-283-2116. Overall traffic related deaths are on the rise in the U.S. and one group in particular is becoming increasingly at risk of injury or death: namely, pedestrians. The National Highway Traffic Safety Administration’s (NHTSA) Fatal Analysis Reporting System (FARS) show that while figures for 2014 showed a “0.1-percent decrease” in traffic related deaths from the previous year, estimates from the first six months of 2015 have shown an uptick in this number, “an 8.1 percent increase from the same period last year” to be exact. As part of this rise in traffic fatalities, is a steady increase in the number of pedestrians killed each year by motor vehicles.
When pedestrians are struck by vehicles, these accidents often occur when pedestrians are crossing at crosswalks. This can occur because drivers may fail to stop at red lights or other traffic signals and hit pedestrians who are already crossing the street. However, many Iowa pedestrian accidents take place when drivers make right or left turns at intersections or into other roadways. Often times, motorists are so focused on traffic coming from a certain direction that they fail to see a pedestrian crossing. Although less common, pedestrians are also at risk when crossing thoroughfares leading into and out of parking areas, in parking lots and when walking behind cars that are backing up. According to the 2015 FARS report, there has been a 3.1 percent increase in the number of pedestrian deaths from the previous year and this trend is likely to continue warns the NHTSA. The steady increase in the number of overall traffic fatalities over the past few years, particularly among pedestrians, has served as a wake-up call to the U.S. Department of Transportation, who is “moving on many fronts to speed technology innovations that can save lives” (USDOT.gov). While certain groups that compose the yearly FARS report have remained fairly constant, such as the number of deaths each year caused by drunk driving, the rise in the number of pedestrian fatalities is a very real cause for concern because regardless of our preferred means of transportation, we are all pedestrians at some point in time. To ensure the safety of Iowans, addressing this issue is very important. If you or someone you love has been a victim of a pedestrian accident in Iowa, email or call the Des Moines personal injury law firm of John T. Hemminger for help at 515-283-2116. With more than 30 years of experience in personal injury law, our attorneys provide knowledgeable and compassionate service for seriously injured clients and individuals who lost family members in wrongful death accidents. Jobs in industries such as agriculture, landscaping and construction typically have many workers employed outside through all kinds of weather. Many of those who work outside are at risk of heat related illness.
Unfortunately, the hot weather we have had so far this summer has resulted in a number of workplace fatalities attributed to the heat. Tragically, back in May, a Louisiana worker died from heat stress after picking tomatoes and over May and June, two construction workers perished from heat related illnesses in Florida and South Dakota while on the job. In fact, OSHA, or the Occupational Safety and Health Administration, reports that dozens of workers die yearly due to heat problems. The injuries and fatalities are not limited to those working outdoors. Heat injuries can result from strenuous physical labor not only in hot weather, but during physical contact with hot objects or other radiant heat sources which may include environments such as laundries, bakeries, steel and iron foundries, ceramic and brick-firing plants, commercial kitchens, smelters, mines and glass-making facilities. OSHA requires that employers provide employees a workplace free of safety hazards and this includes protecting workers from extreme heat. When working in outdoor conditions that may cause heat related illnesses, employers must provide workers with reasonable water, rest and shade. To protect new or returning workers who are at risk of heat exposure inside and outside, employers should gradually increase workloads and provide more frequent breaks to build tolerance for heat. Workers and their supervisors should receive training to prevent heat illnesses, recognize the signs of danger and develop a plan for emergencies. Any worker exposed to hot and humid conditions is at risk of heat illness, especially those who are engaged in heavy work tasks and those who must wear bulky protective clothing or equipment. Employers, particularly those in industries at high risk for heat-related illness such as construction, trade, transportation, utilities, agriculture, grounds maintenance, and support activities for oil and gas operations, must act to protect their employees from harm. Heat injuries and deaths are preventable. If you or a family member has been injured due to a heat related illness, contact the Des Moines Law Offices of John T. Hemminger for help. Victims of heat injury on the job due to an employer’s negligence can seek economic compensation by means of a personal injury lawsuit, a workers compensation insurance claim or a wrongful death claim. Yesterday, the Iowa Supreme Court narrowly ruled that a Nebraska mom, whose 10-year-old son was killed in a boating accident on Storm Lake, Iowa in 2010, cannot sue the state of Iowa for damages. According to the court’s decision, the state is protected by Iowa’s public-duty doctrine which protects government agencies and officers from damage lawsuits when acting in a capacity that benefits the general public.
The case stems from a family outing to Storm Lake that turned tragic. The young boy died after being struck by the boat’s motor, which flipped into the boat after it hit a submerged dredge pipe prompting the mother to sue the state of Iowa for negligence in failing to warn boaters of a water hazard. Although she was not successful in her suit against the state, the mother was previously awarded a $1.2 million settlement in a federal court case against the dredge operator, the city of Storm Lake, Buena Vista County and the boat manufacturer. Source: The Des Moines Register, “Supreme Court rules for state in fatal boat accident case”, by David Pitt, July 17, 2016. So much of our safety when navigating the roads as motorists, pedestrians or bicyclists depends on our ability to hear the motors of approaching vehicles alerting us to their presence. The popularity of hybrid cars, which barely make a peep, has raised some safety concerns prompting Congress to pass the Pedestrian Safety Enhancement Act directing the NHTSA to develop noise alerts on hybrid vehicles.
Certainly there is some justification in their concern over the safety of pedestrians. In experiments led by a perceptual psychologist of the University of California, blindfolded subjects listening to recordings of cars approaching at five miles per hour could locate an approaching internal-combustion engine 36 feet away, whereas a vehicle running in electric mode came within 11 feet. When realistic background noise was added to the recordings, nearly all the participants could not detect the hybrid model gliding by them in multiple trials, while all were able to hear the combustion model from an average of 22 feet away. According to a Scientific American journalist who gave it a try, “he would have been hybrid road-kill 40 times over” as would the majority of the other subjects participating in the study. While the safety issues surrounding these silent vehicles are being worked out, pedestrians remain at risk. Since 2009, pedestrian accidents have increased nationally and one of the reasons could very well be that pedestrians simply cannot hear hybrid and electric vehicles approaching in the same way that they can pick-up on traditional gas-powered vehicles. While pedestrians should be on the look out for these stealthy vehicles, it is the drivers of the hybrid and electric vehicles who may be liable if a crash occurs. To avoid accidents, drivers should continue to watch for all pedestrians, particularly for those who may be seeing impaired, have an obstructed view of traffic, and distracted for any number of reasons including electronic devices. Drivers of electric or hybrid cars should reasonably expect that pedestrians will not hear them and should exercise care to avoid hitting anyone in the road. If you have been injured in a car accident, contact the Law Offices of John T. Hemminger for help. Source: Scientific American, “Are Hybrid Cars Too Quiet to Be Safe for Pedestrians?”, by Sara Simpson, accessed June 17, 2016. Takata airbags installed in many vehicles across the nation can pose a real risk to drivers. Because of the number of injuries and deaths caused by the exploding airbags, a recall on millions of vehicles from nearly all of the major automakers is in effect.
Unfortunately, many people who are hurt or killed by an automotive defect weren’t aware that their vehicle was under recall. The National Highway Traffic Safety Administration makes it easy to check if your vehicle has been recalled by providing a list of affected models and years, instructions on what to do if your vehicle is under recall, and answers to common questions. Best of all, they have a tool to help you know for sure if your car is under recall – simply enter the VIN number from your vehicle’s registration and they will determine whether or not that vehicle needs to be repaired. Typically having the defect fixed costs nothing and doing so can save your life and the lives of your loved ones. For Americans whose cars and trucks HAVE been recalled, the best thing to do is to get the defective part fixed. If you or a loved one have been hurt by a defect or malfunction in a recalled vehicle, or if you have been injured by an exploding airbag, contact a personal injury – wrongful death lawyer at the Des Moines Law Offices of John T. Hemminger for help today. Last week, $2.75 million was awarded to the family of an 18-year-old teenager who was killed in a Chicago police car chase in 2009. The teen was a passenger in a car which was involved in a 12-minute police chase following a stop-sign violation. The chase reached speeds up to 100 miles per hour, before the car crashed into some light poles killing the young man. The attorneys representing the family brought a wrongful death lawsuit against the city of Chicago, believing that the chase was unauthorized and prohibited. Jurors agreed, and acted to compensate the grieving family for their terrible loss.
Wrongful death claims involve all types of fatal accidents from car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally. A wrongful death claim is brought on behalf of the survivors who suffer damage from a victim’s death. Generally, there are three types of damages that may be available to survivors in a wrongful death suit. Economic damages include the value of the financial contributions the decedent would have made if he or she didn’t die and medical or funeral expenses connected to the death. Non-economic damages are awarded for mental anguish or pain and suffering of the survivors. And finally, punitive damages seek to punish the defendant, especially if the death results from misconduct. If you or a loved one has been injured or a family member has died as a result of negligence, contact the Law Offices of John T. Hemminger for help. John has handled wrongful death litigation in Iowa for more than 30 years. He provides experienced, caring, personal and focused representation, helping those affected by injury or wrongful death attain justice and recover the compensation they will need. Source: Chicago Tribune, “Jury Awards $2.75 Million in Wrongful Death Lawsuit”, by ALEXANDRA KUKULKA, November 20, 2015. |
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