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Southern Minnesota Heroes Deserve Honor And Credit

Mike Bryant — Sun, 22 Nov 2009 06:07:00 GMT

What a night last week in Southern Minnesota. A night of multiple motor vehicle accidents and the need for immediate medical emergency responses. The Rochester Post Bulletin had the time line recently:

• At 3:21 p.m., a tour bus carrying 22 people crashes on Interstate 90, killing two people and injuring 20.

• At 5:15 p.m., a school bus carrying 22 students from Wabasha-Kellogg High School collided with a car on U.S. 63 North in Rochester, injuring eight students and seriously injuring the car's driver and passenger.

• Minutes later, an ambulance that was headed to the scene of the school bus crash was involved in a four-vehicle accident on Second Street Southwest. Two people were injured and had to be extricated from their vehicles.

• About 7:30 p.m. at Church of the Savior in southeast Rochester, a vehicle struck a pedestrian, then slammed into the church.

Four separate significance incidents, within four hours, all of which required quick responses. There was a need for police, sheriffs, troopers, firefighters, ambulance crews and helicopter personnel. There also the vital requirement of hospital and emergency room personnel . What a test for even a much larger area. It sounds like the test was not only met , but that it was exceeded in it's expectations.

I often talk to clients that will point out the difference that the emergency personal made. When I get the chance I thank these individuals for their past and future service. Hopefully, everyone will do that.

Originally posted at InjuryBoard by Mike Bryant

Company Lawyer Diagnosis The Condition Of The Austin Bus Driver

Mike Bryant — Sat, 21 Nov 2009 22:42:00 GMT

It has been interesting to read the different stories that have been looking for the answers to what happen in the tragic tour bus accident this week outside of Austin, Minnesota. I originally wondered if it was a medical condition or maybe the driver fell asleep.

Recently, MPR found that the driver's record included a seat belt violation from this year and a 2001 DWI in his personal vehicle. Probably, only important if there was more known about the drivers activities while the passengers were at the casino.

There has also been unanswered questions as to why the driver was on I-90. Apparently, that wasn't his expected route. There wasn't any weather that would have suggested a change. It would be important to know if maybe there was something going on that the driver knew about.

Now we have the lawyer that the company hired saying that "It's quite clear that he suffered an emergency medical event while driving the bus, and he's hospitalized for that." That may very well turn out to be true. But considering the State Patrol thinks it will be weeks before we know and that medical experts haven't come forward this sounds a lot like a defense.

I can assure you that he understands that a sudden medical emergency can be argued as an Act of God. If such a conclusion was drawn by a fact finder, there would be no liability what so ever. So hopefully, the investigations will get to the truth.

Originally posted at InjuryBoard by Mike Bryant

What Caused The Austin Bus To Crash?

Mike Bryant — Thu, 19 Nov 2009 21:42:37 GMT

That will be the question, people will be asking and hopefully will be answered. The background question is by who and how? It may be the State Patrol who had a very interesting press conference today that touched on a number of issues concerning the crash. Or the question may already be answered:

http://www.youtube.com/watch?v=8T37zpZd0ZU&feature=player_embedded

Last night I speculated that is could be a medical condition or the driver may have fallen asleep. No matter what the answer is, it will be important that all the questions are asked:

What did the driver do during the day?

Why were they unexpectedly on I-90?

What is the medical history of the driver?

Does his past driving record reveal anything?

It is clear that the insurance companies are already out and asking questions. My guess is that they aren't doing it to make sure that everyone is properly compensated. The State Patrol will do their very best , but they may not be looking out for the rights of each individual involved. The whole issue of liability (fault) may very easily turn on what is found and what isn't.

Originally posted at InjuryBoard by Mike Bryant

Car/Bus Accident In Rochester

Mike Bryant — Thu, 19 Nov 2009 08:08:38 GMT

Wednesday night, there was a car/ school bus collision in Rochester. On the school bus were 22 students from Wabasha-Kellogg school district which collided with a U-turning vehicle. Eight students were taken to Saint Marys Hospital. The two people in the vehicle were also taken to the hospital. One occupant of the vehicle was air lifted by mayo one and the other was taken by ambulance. The incident is still under investigation.

In covering a past collision the Pioneer Press had an extensive list of bus accidents in the State:

March 19, 2009: An 81-year-old woman dies after crashing into a Northfield, Minn., school bus. She had failed to stop at a stop sign.

May 23, 2007: A 6-year-old boy waiting for his bus in downtown St. Paul is crushed to death after he falls under the wheels of a school bus carrying fellow students.

May 17, 2007: A 14-year-old Scandia girl and the man driving her home from school die when their minivan crashes into the back of a school bus stopped along a northern Washington County road. Eleven students riding the bus are uninjured; the bus driver suffers minor injuries.

Jan. 31, 2007: Seven people are injured, including five students, when a St. Francis school district bus crosses the center line, colliding with a car and flipping onto its side.

Dec. 8, 2006: A school bus loses control at Minnesota 65 and Constance Boulevard in Ham Lake. The bus clips a station wagon and broadsides an SUV before slamming into a traffic-signal pole, injuring 24. The bus driver said the accident was caused by brake failure.

Sept. 15, 2006: A St. Paul elementary school bus lands in the middle of Interstate 94 in rush-hour traffic. A low gas tank caused the bus to stall and roll backward. A child is taken to the hospital with minor injuries.

June 2, 2006: An empty school bus strikes and kills a boy crossing a street on his way to school in Rice Lake, Wis.

March 30, 2006: Two Chaska High School students are injured when the car they are riding in collides head-on with a school bus.

While the collisions all could have been worse, it is always scary for any parent to hear that a school bus is involved. The most resent research indicates that 17,000 children end up in the emergency room each year after being injured on the bus. Hopefully, more consideration will be given to adding seat belts to these buses.

The National Highway Traffic Safety Administration provides a nice handbook that all children should review and parents should talk to them about. Each of my boys seemed to get something from it. I want to make sure on those days they take the bus they get back safely.

Originally posted at InjuryBoard by Mike Bryant

Two Dead In Austin Bus Crash

Mike Bryant — Thu, 19 Nov 2009 00:31:28 GMT

It was reported that tonight two are dead and 21 have been injured in a tour bus crash in Austin, Minnesota. The bus was on I-90 and returning from a trip to Diamond Jo Casino in Northwood, Iowa.

Investigation by the State Patrol will hopefully determine what happened, but according to the Minneapolis Tribune:

the driver was in his 50s and had worked for the company when it was focused on school bus trips. He also has experience driving semitrailer trucks and working with heavy machinery.

Did he fall asleep or have some other medical condition? It has been reported that:

There was no construction going on in the area of the accident and weather was not a factor, Andy Skoogman, a spokesman for the Department of Public Safety said, adding that several cars in the westbound lanes got out of the way of the bus.

According to Skoogman, the bus was heading east on Interstate 90 near Austin when it crossed the median into the westbound lanes. It ended up in a ditch where it flipped over.

If you are driving it is important that you be aware of fatigue signs.

WARNING SIGNS OF DROWSINESS AND FATIGUE

If you:

can't remember the last few miles driven
have wandering or disconnected thoughts
experience difficulty focusing or keeping your eyes open
have trouble keeping your head up
drift from lanes or hit a rumble strip
yawn repeatedly
tailgate or miss traffic signs
find yourself jerking your vehicle back into lane

then you may be suffering from drowsiness or fatigue. Continuing to drive in this condition puts you at serious risk of being involved in a fatigue-related crash. You should pull over in a safe place and get some rest before resuming your trip.

WHAT YOU CAN DO TO STAY ALERT WHILE DRIVING:

Sleep / Take naps: Your best bet is to get enough sleep every day. If you must stay up late, afternoon naps are a great way to get more sleep. If you feel drowsy while driving, a 15-minute nap can be very effective. Make sure to pull over in a safe place.

Caffeine: Avoid caffeine during the last half of your workday as it may contribute to sleeping problems. You can gain short-term alertness by drinking coffee or other caffeine sources if driving, but it usually takes 30 minutes to take affect and wears off after a few hours.

Regular stops: You should stop every 100 miles or 2 hours. Switch drivers if you can.

Avoid Alcohol: If you have been drinking, please don't drive! In addition to being illegal, alcohol makes you sleepy and amplifies your fatigue.

If you are planning a long trip, AAA offers the following tips for avoiding fatigue:

Prepare for your trip by getting a good night's sleep the night before. Plan to drive during the time that you are normally awake, and stay overnight rather than traveling straight through.
Avoid driving during the body's "down time". According to AAA, this is generally in the mid-afternoon and between midnight and 6:00 a.m.
If you have passengers, talk to them. It will help to keep you alert, and they will also be able to tell if you are showing signs of getting sleepy.
Schedule a break every 2 hours or every 100 miles. Take a nap, stretch, take a walk and get some exercise before resuming your trip.
Stop sooner if you show any danger signs of sleepiness.

"TRICKS" THAT DO NOT WORK

Opening the window, turning on the air conditioning, or playing loud music are not effective in keeping drivers alert for any extended period of time.

For Passengers on a bus that need to approach a driver it has also been suggested:

1) Talking to an authority figure on the bus
2) Calling the police
3) Talking to the driver in a group
4) Or at least reporting it at the next stop

Sympathy goes out to those that lost friends and family on the bus. It is also hoped that those that were injured heal quickly. Outings like this shouldn't end up in tragedies.

Originally posted at InjuryBoard by Mike Bryant

Reno Medical Helicopter Crash Kills Three

Mike Bryant — Sun, 15 Nov 2009 15:21:01 GMT

Another medical helicopter crash will continue to raise concern. Saturday morning, a crash near the Nevada-California state line north of Reno killed three crew members. The helicopter had just dropped off a patient at a Reno hospital and was returning to its base in Susanville, Calif. , said Ian Gregor, an NTSB spokesman. It was the second fatal crash of a Mountain Lifeflight helicopter returning to Susanville after dropping off a patient at Renown Medical Center in Reno.

The NTSB issued a special report in 2006 highlighting issues that had caused an upsurge in emergency helicopter crashes, particularly during nighttime and in poor visibility. In 2008, the number of crashes was a record. The crashes haven't always harmed the patients, but the number of ambulance personnel has been staggering. The rate of fatalities per 100,000 air-ambulance employees over the past 10 years exceeds other dangerous professions such as logging or deep-sea fishing, said Ira Blumen, program director of the University of Chicago Aeromedical Network.

While these recoveries will be vital to saving lives and helping injured parties to get top care, it clearly looks like there are extra dangers that are added. I've always thanked the medical personnel when they've helped my clients in the past and I will make sure to give the ambulance personnel an extra thank you

Originally posted at InjuryBoard by Mike Bryant

Browsing or Drowsing? Wayward Northwest Pilots Plead Laptop Distraction

Joe Crumley — Mon, 26 Oct 2009 17:21:57 GMT

In an interesting twist, two Northwest pilots have now told investigators they were working on laptop computers when they badly overshot the Twin Cities.

The National Transportation Safety Board (NTSB) investigators released a report regarding the five hour pilot interviews, which took place in the Twin Cities on Sunday. The investigation is ongoing, and the flight attendants are being interviewed today.

It is a violation of Delta/Northwest company policy to use personal computers in the cockpit. No word yet on whether laptop use violates any Federal Aviation Administration (FAA) rules.

Both pilots continue to claim that they were not sleeping, and that they were not even fatigued. The pilots stated that they were discussing a new monthly crew scheduling system put in place since the recent merger between Delta and Northwest.

According to the NTSB report, Captain Timothy B. Cheney (Gig, Harbor, Washington) and First Officer Richard I. Cole of Salem, Oregon state that there was a “concentrated period of discussion where they did not monitor the airplane or calls from [the air traffic controllers] even though they both stated they heard conversation on their radio.”

The Star Tribune story quotes the NTSB preliminary report:

"Both pilots said they had never had an accident, incident or violation.

"Neither pilot reported any ongoing medical conditions.

...

"Neither pilot was aware of the airplane's position until a flight attendant called about 5 minutes before they were scheduled to land and asked what was their estimated time of arrival (ETA). The captain said, at that point, he looked at his primary flight display for an ETA and realized that they had passed MSP. They made contact with ATC and were given vectors back to MSP.

"At cruise altitude - the pilots stated they were using cockpit speakers to listen to radio communications, not their headsets.

"When asked by ATC what the problem was, they replied 'just cockpit distraction' and 'dealing with company issues.'

"Both pilots said there are no procedures for the flight attendants to check on the pilots during flight."

What were they Doing? This new information may open a new can of worms for the pilots. Naturally, any inspector would now want to review the laptop computers involved to try to determine whether the story could be corroborated or not. Then the question arises of just how deeply into these personal laptops the pilots will allow the NTSB to dig. Computers and most web browsing software maintain logs of all sites visits, as well as caches of text and multimedia files downloaded.

My original article, with some photos and can be found here: Airliner Misses Minneapolis - Sleeping, Arguing, Cockpit Sex Orgy?.

What will the NTSB find if and when they get into those hard drives? Stayed tuned!

Originally posted at InjuryBoard by Joe Crumley

Trains Kill Record Number In Minnesota So Far In 2009

Mike Bryant — Mon, 26 Oct 2009 09:21:00 GMT

This year, we have seen a record number of people killed by trains. The most recent were two that were killed this past week.

Monday morning, in Winona a 51 year old man was killed when he was hit by a Canadian Pacific Railway train, as he walked south at the railroad crossing on Johnson Street in Winona . There are no lights or signals at the crossing.
Tuesday evening, a 24 year old man was killed by a Burlington Northern/Santa Fe train in Litchfield. There were headphones found at the scene and the claim is made that he was wearing them.

What happened in each of these cases is still being investigated. History tells us that the railroad companies may not go out of their way to find evidence helpful to any family of the people killed. So early evidence gathering and the search for all of the available witnesses can be vital to find out what really happened.

These two deaths, bring the years total of railroad deaths to 11, which is over double the number from last year which was 5. It is the highest total in a decade. As a result the state has sent out a safety warning pointed out that a 2008 law makes it illegal to walk on tracks. They also said that fewer than one-third of the 4,362 railroad crossings in the state have warning devices.

Minnesota Operation Lifesaver does offer the following safety suggestions:

Basic Safety Tips at Highway-Rail Crossings

Expect a train at any time.
You can't be sure when a train may appear at a crossing, even if it's one you drive or walk across every day. Freight trains don't travel on a regular schedule and the schedules for passenger trains can change. Always be alert, because trains can run any time of day or night, on any track, in any direction.

Don't be fooled—the train is closer and faster than you think!
In the same way that airplanes can seem to move slowly, your eyes can play a trick on you when a train is approaching—an optical illusion that makes a train seem farther away and moving more slowly than it really is. Don't take chances—it's easy to misjudge a train's speed and its distance, especially at night. If you see a train, just wait.

Trains can't stop quickly or swerve—be prepared to yield.
After fully applying the brakes, a loaded freight train traveling 55 miles an hour takes a mile or more to stop. A light rail train can take 600 feet to stop, and an 8-car passenger train traveling 80 miles an hour needs about a mile to stop. Even if the engineer can see you, it's too late to stop the train in time to prevent a collision.

Stop and wait when gates are down or lights are flashing.
If the gates are down, the road is closed and you must stop and wait—that's the law. Continue across after the gates go up and the red lights stop flashing.

Check all tracks before crossing.
If you're at a crossing with more than one set of tracks, be very careful after a train passes. Before you begin to cross, be sure that another train isn't coming on another track from a different direction—the first train can hide the second train.

Don't get trapped on the tracks.
Never drive onto a railroad crossing until you're sure you can clear the tracks on the other side without stopping. If your car stalls or is trapped on the tracks, get everyone out right away, even if you don't see a train coming. Move quickly away from the tracks. If a train is coming, move in its direction as you move away from the tracks. If you run the same direction the train is going, you could be injured by flying debris when the train hits your car. When you're at a safe distance from the crossing, call 9-1-1 or the railroad emergency number posted at the crossing.

Don't trespass on foot.
Tracks and the property alongside them—the right of way—are private property. Stay off railroad cars and tracks. Don't trespass—it's illegal and too often it's deadly.

Originally posted at InjuryBoard by Mike Bryant

Airliner Misses Minneapolis - Sleeping, Arguing, Cockpit Sex Orgy?

Joe Crumley — Fri, 23 Oct 2009 12:58:37 GMT

(New Update: Browsing or Drowsing - Pilots Plead Laptop Distraction)

A Northwest Airlines flight from San Diego flew at least 150 miles past Minneapolis St. Paul Airport (MSP) Wednesday night, out of radio contact and apparently on autopilot. Military fighter jets were about to scramble and intercept the Airbus A320 when radio contact was finally made after 75 minutes. The National Transportation Safety Board (NTSB) is investigating the incident.

Concerns for possible hijacking, terrorism or technical problems had the FBI and security personnel on the alert and investigating. The Star Tribune reported that Delta Air Lines, which operates Northwest, has suspended the pilot and co-pilot. Delta said Flight 188 had 144 passengers and five crew members. Pilots initially told FBI agents that they had been distracted by a heated argument in the cockpit.

Passenger's responses ranged from anger to whimsy, with at least one passenger asking whether the extra miles would be added to their Frequent Flyer totals.

http://www.youtube.com/watch?v=fQUf6xGl-mw&feature=player_embedded

What were they Doing Up There? While no credible sources have entertained the whimsical orgy referenced in the headline, many have questioned how an argument could distract the pilots for over an hour. The New York times reported:

"It just doesn’t make any sense," Bill Voss, president of the Flight Safety Foundation in Alexandria, Va., told The A.P. "The pilots are saying they were involved in a heated conversation. Well, that was a very long conversation."

Sources have speculated that the pilots may have fallen asleep. The pilots apparently were unaware of their overshoot until a flight attendant in the cabin contacted them by intercom. The plane was over Eau Claire, Wisconsin and had been out of communication for over an hour.

Black Box Should Reveal Much. The A320 has a cockpit voice recorder that should answer many questions. It is unknown how long it will be before the NTSB reveals their findings. Regardless of whether the recordings reveal snoring, bickering, or even squeals of passion, airline customers should be concerned. 37,000 feet at several hundred miles an hour is no place to get distracted, even with modern autopilot computers.

Overshoot Much Farther than Reported. Although it has been widely reported that the aircraft overshot the Twin Cities by 150 miles, the overshoot was actually closer to 400 or 500 miles. The plane was out of contact for more than an hour, and should have begun its descent several hundred miles west of the Twin Cities. The plane flew over Minneapolis at 37,000 feet at cruising speed, apparently on autopilot, and was still cruising 150miles past the Twin Cities.

The photo shows the plane’s flight path as captured on flightaware.com, a website which tracks air traffic. Because of security concerns, once communications was reestablished, the plane was apparently put through a series of various turns, in part to assure flight controllers that the plane was still in control of the pilots.

Past Incidents. The flight brought forth memories of the 1999 death of golfer Payne Stewart. Jets that scrambled then discovered that Stewart's plane had lost cabin pressure and showed no signs of life. The military jets watched helplessly for thousands of miles until the Stewart's jet eventually exhausted fuel and crashed in South Dakota.

In January 2008, two airline pilots fell asleep for at least 18 minutes during a flight from one side of Hawaii to the other. The plane passed its destination and headed out to open sea before air traffic controllers raised the pilots, one of whom was later diagnosed with sleep apnea.

Aviation Safety. Pilot fatigue has been an issue in the news recently, with arguments regarding whether pilots should be allowed to take naps, as they are in some other countries.

We'll certainly be watching closely to see what the investigation reveals.

Originally posted at InjuryBoard by Joe Crumley

Court Penalty Punishes Burlington Northern $4 Million For Lying

Mike Bryant — Sun, 18 Oct 2009 22:29:40 GMT

On Sept. 26, 2003, a Burlington Northern train hit a car, killing four teenagers. The investigation into the case raised the issue of whether the signals were working. The railroad pushed a story that the kids had tried to race the train. The jury didn't believe the railroad and awarded $21.6 million in damages.

Serious questions were uncovered during pretrial discovery, and others came to light after the trial, concerning the actions of the railroad. It has now been determined that Burlington Northern had started to destroy evidence immediately after the deaths. The court found that the company lost or fabricated evidence, interfered with the families' investigation of the accident and "knowingly advanced lies, misleading facts and/or misrepresentations" in order to conceal the truth. The court's findings included:

The loss, destruction, and/or fabrication of electronic and physical records;
The failure to follow its own policies for accident investigation and coordination with law enforcement;
The obstruction of and interference with plaintiffs’ investigation;
The interference with plaintiffs’ access to witnesses and the accident site;
The destruction or production of erroneous circuitry drawings;
Knowingly advancing lies, misleading facts, and/or misrepresentations by BNSF employees/agents in depositions, sworn affidavits, and/or trial testimony.

The court's findings are stunning. As a part of the ruling the court awarded an additional $4 million in penalties against the railroad. It is clear that the court found significant violations by the defendants.

It will be interesting to watch the court watchers respond to this result. I am sure that a tort deform advocate or two will attempt to call it something bad. Instead, all parties should agree that punishment for lying and hiding the truth in cases has to be punished. Our system doesn't work if any party takes the oath and basically spits on it.

Our sympathies go out to the families that lost their loved ones that sad night. Hopefully, seeing justice served and the lies that were told about those lost love ones exposed will give them some solace.

Originally posted at InjuryBoard by Mike Bryant