Personal Injury Law

Just Another Day in Paradise for Downtown Pedestrians and DART Drivers

By Steve Lombardi

Here we go again with another DART-pedestrian accident in downtown Des Moines. What is going on?

On July 9th 2009 Veronica Lima of West Des Moines was dropped off on 9th and Walnut when DART bus driver Robert Delpierre allegedly failed to yield the right of way and then stopped right on her leg. Now that's an ouch-moment beyond the imagination. When Mr. Delpierre was asked if he could back up the report says he appeared in shock and while there has been speculation about whether Ms. Lima was in the crosswalk or not, witness Scott Vanscoy is quoted as saying, 'It shouldn't have happened, she had the right away'. On the Des Moines Register message board a message left by a Vanscoy (Scott Vanscoy?) had this to say, 'This woman was in fact in the cross walk, I saw her there. And the comment about him holding her hand until paramedics arrived...My only memory of the driver being there was when he initially came over and proceeded to scold the victim for not watching where she was going! Your comments are just about as sickening as the drivers!'

To further support her case it seems that these accidents are common when the DART bus drivers are making left hand turns as this is the 6th such incident involving accidents when making left hand turns since 2007. With the number of accidents it makes citizens wonder if their training is sufficient or if something else is going on. Are the pedestrians not watching out as well? Are the drivers and pedestrians making eye contact to know each knows the other is aware of their presence? If not, how about if one or both stop. While the bus agency's general manager said that she was not in the crosswalk he admitted that the accident was going to force them relook at having all drivers make only right hand turns in order to avoid any further incidents.

Eye Contact - Situational Awareness - Who has the right of way - Duty to Yield

Full post as published by Des Moines Personal Injury Lawyer on July 24, 2009 (boomark / email).