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Ice Missiles and Failure to Clear Accumulated Snow Accident

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Extreme cold weather, ice missiles and accumulating precipitation can cause catastrophic consequences resulting in serious Rhode Island accidents each year. This is because massive chunks of ice and snow can easily dislodge from the top of vehicles that dangerously hurls toward innocent drivers sharing the road. These types of car and trucking accidents typically happen in the days following blizzards, snowstorms and ice storms when sheets of freezing snow and ice missiles begin melting from the hood, roof and trunk of vehicles traveling city streets, rural roads and highways.

RI Snow accident

ice-missile

Ice missile accident

Every driver maintains the right to be free of accident hazards of ice or snow falling onto the highway, roadway or windshield from the roof or trunk of other vehicles and automobiles. Because of that, motorists in Rhode Island and Massachusetts are required by law to remove all snow and ice from their vehicle so that any accumulated melting precipitation does not pose a minor or major threat to others and property when traveling. Failure to do so presents various civil legal issues involving negligence where a motorist at fault for an accident could be held legally liable for the damages, losses and injuries sustained by others.

Decreased Visibility and ice missiles

Any snow or ice accumulating on the windshield or inside windows can dramatically decrease the driver’s visibility or obstruct their view of others on roadways. Not clearing off the windshield after epic snowstorms can create a life and death scenario when other motorists on the road must swerve out of the way to avoid ice missiles and sheets of flying snow. Taking evasive action not to be hit can cause other motorists to run off the road due to slippery surface conditions.

Ice missiles falling from commercial vehicles in Rhode island and Providence Plantations are especially dangerous because large trucks tend to have greater accumulated mass of snow and ice. Ice buildup and heavy snow can crash through the windshield of a passenger vehicle, car or pickup truck even when both car and truck are traveling at slow speeds.

Removing Ice, ice missiles and Snow from the Vehicle in RI and MA

If possible, park the vehicle under a covered area or inside the garage in Providence RI to minimize the buildup of accumulated ice and snow. This is because according to car experts, drivers heading out after a snowfall or ice storm must take certain precautions to maximize their safety, the safety of others sharing the road, including removing ice and snow from the vehicle. Planning ahead is essential to maintaining safety:

• Ensure you have extra time to properly remove accumulated snow and ice from the vehicle.
• Rushing through the removal significantly increases the risk of damaging the vehicle surface.
• Use a brush to remove snow and ice scraper to remove ice from the vehicle’s windshield, headlights, side mirrors, tailpipe and wheel wells.
• Never force windshield wipers that are frozen in place because it can easily damage their motors.
• Use a side to side sweeping motion when removing snow and melted ice to ensure it is completely removed from the vehicle.
• Never strike the windshield to chip ice away from the glass because excessive force can cause serious damage, breaks or cracks.
• Never pour hot water on the windshield or any glass to remove ice, because excessive heat causes the glass to shatter.
• Never start the vehicle while inside in enclosed structure like the garage where carbon monoxide can accumulate and cause life-threatening problems.
• Remove as much ice and snow accumulating around the tires using a brush, shovel or your hands.

When Negligence is Involved in Rhode Island

In addition to causing extensive property damage and shattering windshields, snow-packed and accumulated ice slipping off the trunk, roof or hood of your vehicle is outright negligence that can cause serious bodily injuries or death to other motorists and passengers. In addition, it forces other drivers already traveling on a snowy and slippery surface to swerve out of the way to avoid an accident.

If the other car is unaware that snow or ice falling off of their car caused a Rhode Island car crash, and the motorist leaves the scene of the collision then the only recourse an injured victim has is an uninsured motorist claim in RI. If a vehicle leaves the scene of a RI automobile crash, then the injured victims must file an uninsured motorist cause of action against their own insurance company, very similar to a hit and run claim.

If you were injured as a result of an ice missile or falling snow or ice then you should retain a Rhode island personal injury lawyer who also is a a RI car accident lawyer. A Providence auto accident attorney will help you get the compensation you deserve as a result of your RI motor vehicle wreck. Do not try to go it alone with the benefit of a RI personal injury lawyer on your side.

Plea Agreements – Sentencing & Convictions in Rhode Island

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Sentencing & Convictions in Rhode Island

Plea Agreements – Sentencing & Convictions

A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

The Public defender in Rhode Island

If you cannot afford an attorney to represent you then you should contact the Public Defender. The Rhode Island Office of the Public Defender represents eligible clients in criminal law matters (misdemeanors / felony) for no charge. Do not use this article as a substitute for seeking independent legal advice from a lawyer.

It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

Arraignment

At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.

Pretrial conference in RI

At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor. In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an “alfred plea”.

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in Rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.

DUI / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see => http://ezinearticles.com/?Rhode-Island-DUI—DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659

Guilty Finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.

Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.

What is a “filing” in Rhode Island?

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders. A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office, the Rhode Island State Police and the local police department that pursued the criminal charge. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact me or another Rhode Island criminal law attorney to determine whether a criminal record can be expunged.)

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person’s record after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

A person that has a filing is subject to being held at the aci for 10 days as a violator of his filing if he is arrested for a new offense during the filing period.

What implications are there for domestic violence offenses in Rhode Island?

If the underlying charge is for a domestic offense such as domestic assault, vandalism, or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife, girlfriend or the victim as the case may be.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterers intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes or failure to pay restitution or failure to attend counseling could be considered a violation of probation or a filing.

If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.

The no contact order will remain in effect while the case is pending and during the period of any penalty or sentence. The no Contact order will expire if the case is dismissed. For example, a no contact order will stay in effect until any probationary period or suspended sentence is completed.

Rhode Island Family Court restraining orders

Be careful! There may be a separate restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse in a divorce or family law matter. The Family Court has jurisdiction to issue restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

District Court Restraining orders:

There may also be a District Court restraining order from your (ex) boyfriend or girlfriend. The District Court has jurisdiction to issue restraining orders for persons who were or are in a dating relationship or who are roommates. Violation of a District Court restraining order is also a crime in itself. Violation of a District Court restraining order is also a violation of probation and a violation of the terms of bail and a violation of the conditions of a filing.

Superior Court Restraining orders:

Violation of A Superior Court restraining order is punishable by contempt proceedings which could result in confinement. However, violation of a Superior Court restraining order is not a crime in itself. Violation of a Superior Court Restraining order could be considered a violation of bail, probation or conditions of a filing.

Issues concerning custody and visitation of children as well as divorce and family related matters:

The District Court in a criminal case cannot be involved in setting vistitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations my occur at the Providence Family Court or may be supervised by a third party.

No Contact Orders in Rhode Island explained

A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home. Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.

A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.

Violation of conditions of filing

Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of trouble.

If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

Probation in Rhode Island

If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his/ her probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island, he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!

A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.

Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes. Most prosecutors and judges believe that each sentence should be more severe then the last. A person’s first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.

Could I be incarcerated at the aci or serve time in jail as a result of a misdemeanor charge?

Yes. A serious misdemeanor could lead to incarceration at the Adult Correctional Institution (ACI). The Vast majority of misdemeanor cases do not result in a sentence of incarceration! A habitual offender could eventually face jail time. A person convicted of a second or third offense dui / dwi faces a minimum mandatory sentence to the ACI . A person with a probation violation or suspended sentence could face incarceration depending on the circumstances. In a Misdemeanor District Court case the Court only has jurisdiction to sentence a person to a year in jail. In some instances a person might qualify for Home confinement in lieu of a sentence at the ACI.

Please be advised that there are different considerations related to Felony criminal charges which are not adressed in this article including but not limited to deferred sentences. Please consult the Rhode Island Public Defender’s website for information related to felony charges and for an explanation of a Deferred sentence.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

 

Rhode Island Boat Accident Lawyer | Proving Liability Boating Crash

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Rhode Island Drunk Boat AccidentsRecreational boating has become an increasingly popular activity at sea, on rivers and in lakes. Boaters enjoy water sports, fishing and time in the open air. However, many boaters in Rhode Island are inexperienced at navigating waterways or are confused of the many laws, rules and regulations governing safe boating behaviors. Because of that, there has been a significant rise in the number of boating accidents in Rhode Island. If you were injured in a boat accident in Rhode Island (including Newport, Tiverton, East Greenwich, Portsmouth, Providence) call one of the best Rhode Island personal injury lawyers.

Boat accident in Rhode Island

Like the nation’s highways, many vessels on our country waterways and open waters encounter boaters impaired by alcohol and drugs causing many drunk boat accidents with injuries and fatalities. Operating a vessel in Rhode Island (RI) while impaired is a serious crime, just like drunk driving an automobile. In many incidences, innocent victims suffer catastrophic injuries because of the drunken, reckless and negligent behavior of others on the water.

The Legal Limit in Rhode Island

The operators or captains of motor boats, charter fishing vessels, sailboats or other watercrafts are given absolute responsibility to keep every on board passenger safe from harm. Boaters in Rhode Island, just like motorists on the highway, are not allowed to operate any water vessel with a blood-alcohol level of .08 or higher. When caught, a drunken boater can be arrested for intoxication and charged with BWI (boating while intoxicated). In addition, the boater is legally responsible for the drunk boat accident caused by their alcohol use and negligence.

Statistics maintained by the U.S. Coast Guard indicate that alcohol remains a leading cause of many fatal boat accidents. The data suggest that one out of every six wrongful deaths involving boats is associated with alcohol. The statistics also show that the most common vessels associated with boat accidents include cabin motorboats, personal watercraft, open motorboats and speedboats.

Serious Injuries and Death in Rhode Island motor boat accident

Operating a boat in Newport, Bristol or East Greenwich RI while intoxicated beyond the legal limit can cause significant impairment to the point where accidents will occur. The most common types of a Rhode Island accidents on open water include ramming other vessels or objects, running aground, capsizing, turning propeller injuries, diving accident, inattention of others in the water, jet ski accident, dock accident and sinking. The leading injuries and fatalities involved in drunk boat accidents in Rhode island and Providence Plantations include:

• Drowning and near drowning
• Brain and head trauma
• Spinal cord and back injuries
• Severed limbs from turning propellers
• All kinds of bodily injuries
• Wrongful death

A Claim for Compensation In Newport Superior Court or Kent County Superior Court

To obtain compensation from every party at fault, the victim must substantiate their claim by proving how others caused the accident. However, the aftermath of most drunk boat accidents are traumatic. Holding those legally responsible usually requires the skills of a competent Rhode Island personal injury attorney with comprehensive experience in boating and maritime laws.

Hiring a RI boating crash lawyer is beneficial. The Tiverton, Middletown or Barrington law firm can gather evidence from the crash and determine if the other driver was impaired, their level of intoxication, and amount of responsibility for causing the accident with injuries. If the level of intoxication of the boater does not surpass legal limits, a competent Rhode Island boat accident attorney can determine if the operator was distracted or acting recklessly by not following right-of-way rules, waterway traffic lanes or posted speed limits.

Fatal Drunk Boat accident in Rhode Island

If a spouse, loved one, sibling, brother, sister, parent or loved one was killed as a result of a fatal motorboat accident or fatal boat collision then you should seek a RI wrongful death lawyer. Preferably, your Rhode Island wrongful death attorney will have experience in deadly boating crashes.

The Statute of Limitations for Motorboat or Jet ski collisions in Rhode Island

A skilled RI Injury attorney will file all necessary paperwork before the statute of limitations expires. The law firm can calculate all accident-related expenses generated now and required in the future. This is important because most drunken boating accidents in Rhode Island produce lifelong effects on the victim’s financial, physical and emotional well-being. If a drunken boater has injured you, or a loved one, you are likely experiencing irreparable damage to your life and livelihood. An aggressive RI boating crash victim’s attorney can assist you in resolving your claim for compensation to ensure you receive the amount of compensation you deserve.

Rhode Island Personal Injury Attorney | Slepkow Law

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RI Basics of a Personal Injury Lawsuit

Rhode Island personal injury lawyer

When you have been involved in a Rhode island or Massachusetts incident that involves injuries such as a car wreck, a personal injury lawsuit may be the best recourse for seeing justice served. Keep in mind that accepting a motor vehicle crash settlement from an insurance company cancels your right to sue. This is because the insurance adjuster will require a release waiving your rights to pursue compensation as a result of the RI motor vehicle accident.

Personal injury attorney in Rhode Island

This means that even the best personal injury attorney in Rhode Island  could not bail you out of a bad decision to accept pennies on the dollar for your negligence cause of action. Speak with a Rhode Island and Providence Plantations automobile collision personal injury attorney before you agree to settle any insurance claim. This tort law post will help you to know the basics of a personal injury lawsuit to illustrate why a East Providence truck accident lawyer or motorcycle accident attorney is so important.

Who Can Initiate Litigation?

If you are injured in an accident, you can file a lawsuit for damages. There are 2 major types of personal injury lawsuits, each one intended to address a different set of circumstances:

• Negligence – This is the most common type, and is used to address a situation when someone causes you harm by failing to follow safe procedures, acting carelessly or failure to utilize due care. Auto accidents, bike crashes, semi- truck collisions and slip-and-fall injuries are two common examples of negligence injury tort claims.
• Intentional Tort – This type of claim is brought against someone who intentionally causes harm or injury. If you are physically attacked, that would be grounds for an intentional tort lawsuit.

Strict Liability  is when the party who causes you harm did not act negligently, recklessly or intentionally, but still can be held responsibility for the injuries in Providence Superior Court.

What a Rhode Island personal injury lawsuit entails

Once a suit has been filed and a court date established, your Rhode Island Personal Injury Lawyer will be given the opportunity to present your case to the court. This includes revealing any information or evidence that supports your case. You can only file a personal injury lawsuit once, so having a clear line of causality is essential. Personal injury attorneys in RI can help you gather and organize your evidence, including:

• Police reports and documentation
• Witnesses and supporting information
• Physical evidence
• Photographs or video of the incident

Where to file personal injury lawsuit

Most personal injury lawsuits must be filed in the state where the incident occurred or in a state that is connected to the defendant. An automobile accident suit is usually filed in the state where the accident happened, but may be filed in the state where the owner of the at fault vehicle resides. Similarly, a slip and fall suit might be filed in the state where the accident happened, or it may be tried in the state where the company maintains a primary office. A personal injury lawyer  in Rhode island is a huge benefit in deciding where to file.

When to Seek Legal Help

Anyone who feels they have been wrongfully injured has a right to seek legal recourse. Once the decision has been made, you must file suit within a specified period of time from when the injuries occurred. This is called a statute of limitations.  One reason it is important to have a Providence premises liability or car accident lawyer in your corner is to have someone on your team who knows the legal requirements and can help you get the paperwork done on time.

Why an Insurance claim is not enough

Insurance companies will always attempt to keep the cost of an incident to a minimum level. When injuries are involved, those costs may continue for years, which is why quickly settling a claim with the insurance company could result in insufficient funds to handle the long term implications. Your Warwick, Cranston or Woonsocket lawyer will work to get you the full amount that you deserve, and is willing to take on the other person’s insurance company to get it for you.

Most cases settle out of court

One reason many people with solid legal claims do not file suit is because they are afraid of investing large amounts of time in the Providence Superior  Court battle. The fact is, the vast majority of personal injury lawsuits are settled out of court.
In practice, a single consultation with a RI personal injury attorney will often be enough to let them know whether the case has sufficient merit. If it does, the  Rhode Island auto accident attorney will take your case for no initial cost, applying all expenses and billing to the final settlement. If you do not win the case, the attorney does not get paid, so they have a lot riding on resolving your case in a satisfactory manner.

Rhode Island Personal Injury LawMost RI Auto Accidents and tort claims are litigated in Superior Court: Nearly all personal injury, semi-truck and pedestrian accident lawsuits are brought in the first instance in Providence, Kent, Washington or Newport County Superior Court. More info here The subject matter jurisdiction for slip and fall and injury litigation in the Superior Court of RI is over $5,000.  Rhode Island Personal injury Lawyers usually reject filing bus accident, car crash and premises liability cases in district court.

Injury cases rarely litigated in District Court

There are three two reasons why RI Personal Injury Attorneys avoid Providence Sixth Division District Court RI car accidents lawsuits.

1)      The RI District Court has no subject matter jurisdiction for liability claims over $10,000. The Court has concurrent jurisdiction for motorcycle accident injury cases from $5,000 to $10,000

2)       The District Court is a court of no record and appeals are de novo to the Superior Court.  Therefore, a Bike or bicycle wreck injury verdict in District Court becomes a nullity if appealed by the Insurance company negligence defense attorney. Therefore, the injury litigation could be considered a waste of time if an appeal is timely filed.

Statute of Limitations for most Negligence Claims

The Statute of limitations for car accidents, slip and fall, wrongful death, pedestrian accidents, truck collisions and most negligence causes of action is three (3) years in Rhode Island. Therefore, a personal injury lawsuit must be filed within three years after the date of the crash, incident or mishap. “(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.”   § 9-1-14  Limitation of actions for words spoken or personal injuries.

Comparative fault law in Rhode Island

RI is a pure comparative fault state which means that a person who is more than 50 percent at fault for a RI accident can still obtain damages based on the percentages of relative fault. For Example: A drunk motorist stops his automobile in the middle of the highway, intentionally, in order to text his friend and is rear ended by a speeding reckless driver who is high on marijuana. If a jury determines the automobile motorist who stopped his motor vehicle on the highway was 99 percent at fault for the car wreck then that motorist would  still be entitled to 1 percent of his medical bills, pain and suffering and Damages.

Rear End Car Accident Liability in Rhode Island

Most States have different laws regarding rear end car collisions. In Rhode Island, If a motor vehicle hits another truck, motorcycle or a semi-truck than “a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). Id.  Roland DeMaio et al.v.Raymond A. Ciccone et al.

Texting while driving in Rhode island

§ 31-22-30  Text messaging while operating a motor vehicle “The legislature’s intent when drafting and enacting section 31-22-30 (b) was to prohibit inattentive driving caused by composing, reading, or sending text messages. SeePartington, 681 A.2d at 260.” Id. STATE OF RHODE ISLAND v. JASON KILSEY

 In a wrongful death case in RI, how are compensation / damages divided between the grieving loved ones of the deceased? ½ of wrongful death judgment or fatal car accident settlement amounts received go to a widow or husband of the person killed in the crash. The other half of the fatal crash compensation goes to the children of the victim of the deadly collision. law

RI helmet law

In Rhode Island and Providence Plantations, only new motorcyclists and motorcycle operators younger than 21 are legally mandated to wear protective motorcycle helmets.  Motorcycle helmets often prevent traumatic brain injury and substantially reduce the amount of fatalities as a result of biker collisions. The RI motorcycle helmet law, 31-10.1-4, is set forth below and can be found at:

Pursuant to the laws in Rhode Island, subsequent remedial measures may be admissible to prove the negligence and liability of a wrongdoer who is liable for an accident. This subsequent remedial measures law, typically, comes into play in a premises liability or slip and fall (trip and fall) mishap.  If the landowner is able to add lighting, signage or remedy the dangerous condition on the property than such remedial measure is admissible to prove the owner is negligent.

Duties of insurance companies to their Insured to settle cases for under policy limits: ASERMELY

The Supreme Court of Rhode Island determined that if a written demand is made within the policy limits that is not accepted by the indemnity company then the insurance company is on the hook for the entire jury award even if it is above the policy limits. ASERMELY v. ALLSTATE INSURANCE COMPANY 728 A.2d 461 (1999).

Duty to clear snow

The Rhode Island Top Court sitting in the capital city of Providence utilized the “Connecticut rule” when the highest authority stated “…landlord or business inviter owes a duty to a tenant or business invitee to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.”  BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009) Nonetheless , the RI Supreme Court determined that “The landlord or inviter, however, must be afforded a reasonable time after the storm has ceased to remove the accumulation. ”Id.

Post accident interest

Post-accident interest in RI is 12 percent which is automatically tacked on any judgment or verdict.

Providence County RI includes: the following cities and town in RI: Burrillville Pascoag  Central Falls  Cranston  Cumberland East Providence Johnston Lincoln North Providence  North Smithfield Pawtucket Providence Scituate Smithfield Woonsocket

The Insurance Company’s goal is to give you as little compensation as possible for your RI personal injury claim. Insurance adjusters will attempt to delay processing your claim. They will search for inconsistencies in your medical records and your description of the Rhode Island auto accident. Rhode Island Personal injury Attorney, David Slepkow has 15 years of experience negotiating with the Insurance Company to get you the best Personal injury Settlement.

Here are some tips to get the best RI Accident Settlement:

1)  Some RI Car Accident Attorneys are too afraid to file a lawsuit to get you the compensation you deserve.  Rhode Island Personal injury Attorney, David Slepkow  401-213-8073 will file a lawsuit if necessary in order to get you the best RI Car Crash settlement. A Lawsuit costs the Insurance Company more money to resolve your claim. In many cases the Insurance Company would rather increase the personal injury or slip and fall settlement offer then pay a big legal fee to their RI Lawyers.

2) The insurance company will not pay you for time periods when you are not receiving medical treatment. According to insurance a Do not djusters, if you are not treating you’re not hurting. Do not have unnecessary medical treatment. However, follow your doctor, chiropractor and medical provider’s advice. Get all the medical treatment that you need!

3) Do not provide blanket signed medical releases to the Insurance Company. Your Rhode Island Automobile Accident Lawyer will collect your medical records and send them to the Insurance adjuster.

4) Do not post any information, pictures or videos on your Facebook, Twitter or other social media feed which do not support your claim that you are injured or disabled. If you are claiming you are unable to work as a result of a construction accident in Rhode Island, pictures of you running a half marathon will not help your injury cause of action.

Rhode Island Negligence and Personal Injury cases are almost never filed in Rhode Island District Court. RI District Court has exclusive Jurisdiction when the amount in controversy is $5000 or less.

Concurrent Jurisdiction

The RI District Court has concurrent Jurisdiction with Superior Court for matters between $5,000 and $10,000. There are several important reasons why Rhode Island Car Accident Lawyers rarely file accident cases in district Court:

De Novo appeal

1) A Rhode Island District Court case can be appealed De Novo to the Rhode Island Superior Court. This means that if a timely appeal is filed in District Court the case will start all over again in Rhode Island Superior Court. “De Novo” means “of new”. Therefore, whatever happened in District Court will have no prejudicial effect on the Rhode Island Superior Court case. Many Rhode Island Lawyers believe it is a waste of time and resources to litigate a case that can be so easily appealed.

Damages exceeding $10,000

2) Most RI Personal injury cases have damages exceeding $10,000 and therefore it makes no sense pursuing the matter in Rhode Island District Court. RI Accident Lawyers do not want to concede at the start of the case that their Premises Liability or other personal injury case is worth under $10,0000.

A Rhode Island Personal injury may be eligible to be filed in Federal court if the strict jurisdictional requirements of Federal Court are met. Rhode Island personal injury and vehicle crash Lawyer David Slepkow has authored hundreds of posts and articles concerning Motor Vehicle Accident Laws. These post are in depth and informative. Some of the best RI car Accident and Negligence Posts can be found below:

“The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, on a cruise ship, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases. Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingent fee basis” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial. These sums are negotiable before hiring an attorney. Legal aid from the government may not be available; for example it was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.[2]” https://en.wikipedia.org/wiki/Personal_injury

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Rhode Island Reckless Driving Accident Lawyer | Slepkow Law

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Top compensation for reckless driving accidents

RI reckless driving lawyer

Often times, accidents in Rhode Island are  caused by reckless drivers result in catastrophic injuries or fatalities. This is because irresponsible drivers in RI negligently and deliberately disregard the safety and well-being of others. Under tort law in Rhode Island, individuals injured in a reckless driving accident are usually entitled to seek financial compensation through a Providence Superior Court personal injury claim or lawsuit. Reckless drivers can also be charged with criminal offenses in Rhode Island as a result of their absurd actions.

RI Reckless driving accident attorney

There are numerous ways motorists place the lives of others in danger through their deliberate and reckless actions. However, some reckless behaviors behind the wheel tend to be common, including:

• Speeding
• Racing with other vehicles
• Drunk driving
• Illegally passing slower traffic using the breakdown lane
• Attempting to make the vehicle go airborne using railroad crossings and other inclines
• Tailgating (following too close behind)
• Failing to notify others by using turn signals
• Failing to yield the right of way
• Weaving between lanes in traffic
• Performing illegal U-turns  when it is strictly prohibited (180-degree turn)
• Cutting off other vehicles
• Operating a vehicle while fatigued
• Running red lights and stop signs
• Driving through construction zones and school zones
• Driving while distracted including talking on cell phones, texting while driving, watching videos, speaking with passengers, using GPS navigation, adjusting the radio and texting
• Road rage driving

Reckless disregard for other motorists on the road

Any activity the driver performs that diverts their attention from the task of driving is considered a form of reckless disregard of others. Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) indicate that one out of every three deaths across the nation’s highways can be attributed to speeding and reckless driving. Regardless of what type of reckless behavior the driver performs, they made a conscious choice to drive irresponsibly.

Reckless driving behaviors threaten the lives and safety of other motorists, passengers, bicyclists and especially pedestrians in Rhode Island and Providence Plantations sharing the roadway and crosswalks. Any individual walking near or in a crosswalk in RI can be particularly vulnerable to injury as a result of  a collisionwhen a reckless driver acts irresponsibly.

Filing for Victim Compensation in Rhode Island for a reckless driving car, truck or motorcycle wreck

Driving a motor vehicle or car aggressively or recklessly is a conscious act of willful disregard for any consequence suffered by others. In many cases, motorist driving recklessly in Rhode Island will cause personal injuries, property damage and death. Victims in RI have the legal right to seek financial compensation to cover a variety of expenses including hospitalization and medical costs, the loss of income, property damage, therapy and rehabilitation, disability, disfigurement, scarring and wrongful death.

No two truck accidents or automobile accidents in RI involving reckless behavior in a moving vehicle are alike. State tort law concerning a claim for compensation filed against a reckless driver is complex as is civil procedure, rules and regulations used in court. Because of that, many victims of a vehicle accident involving reckless driving in Providence, East providence, Cranston and Warwick will hire a  RI personal injury attorney with years of experience in handling these types of claims and suits.

Hiring a Woonsocket or Providence area  Law Firm

A reputable RI law firm can ensure that all parties at fault for the accident are held accountable for their neglect and intentional disregard. In addition to holding the driver liable, the  Rhode Island reckless driving victim’s personal injury lawyer / attorney may be able to file a claim against additional parties that also have some responsibility for the accident. Every party at fault for the accident with injuries can be liable to pay financial compensation to the victims. This is especially true if alcohol is involved, where others served the reckless driver alcohol prior to causing the accident.

Accidents that happen by reckless driving never happen accidentally. If you have suffered injuries at the hands of another, it is essential to contact a Providence personal injury attorney who specializes in vehicle  and car accidents. Most vehicle  and auto accident law firms accept cases on contingency, which means you will not pay any legal fees until your attorney recovers financial compensation from your claim or lawsuit. Hire a RI car crash attorney now before the statute of limitations concerning your claim expires.

When victims are injured or killed in a vehicle accident, they often face economic damages including extensive medical bills and funeral costs. In addition, the victim or surviving family members also deal with non-economic damages including pain, suffering, emotional despair, mental anguish and grief. When the incident is caused through the reckless actions of others, victims have a right to seek compensation by filing a claim or lawsuit.

Both economic and non-economic damages can be sought by injured victims in Rhode Island. By law, compensatory damages involve recovery of tangible loss including bills and expenses along with non-tangible losses like pain and suffering, which cannot be calculated exactly. Alternatively, punitive damages in Rhode Island do not provide compensation to the victim for their injury or loss, but provide a monetary award designed to punish the defendant. The amount of punitive damages awarded the victim in Rhode Island is often based on the nature, behavior and character of the defendant’s conduct at the time of the incident. In addition, juries often base punitive damage awards on the amount of funds the defendant can provide.

Driving recklessly or drunk are two unacceptable behaviors in society when victims are injured or killed. Reckless driving is often defined as:

• Operating a vehicle with wanton or willful disregard of maintaining a safe environment for other people or property
• Fleeing police officers using a motor vehicle
• Any evidence that the driver is impaired and driving recklessly and out of control including being under the influence of drugs or alcohol, as defined by law

Driving distracted in Rhode Island can conceivably also be considered reckless driving when motorists talk on cell phones, check text messages and consume foods or beverages when behind the wheel. A motorist can be cited for distracted driving whenever they divert their attention away from the roadway and cause an accident with property damage, injuries or fatalities.

Defining Drunk Driving

Unlike suing a defendant for regular damages after suffering injuries in a vehicle accident, suing for punitive damages usually requires proof of gross negligence or intentional misconduct which is nearly criminal in nature. Under the law, gross negligence is considered behaving indifferent to the rights, life and safety of others. The plaintiff in the case, which can be the victim or surviving family member, will need to prove that the defendant acted with deceit, recklessness or malice.

The definition of being legally drunk varies between states, licensing and age of the driver. In Rhode Island, any motorist 21 years and older with a blood-alcohol level of 0.08 or greater is considered legally drunk. However, a motorist operating a commercial vehicle with a 0.04 percent or higher blood-alcohol level is considered a drunk driver. This is also true if a driver under the age of 21 has a blood alcohol level rated at 0.02 or higher.

Bad Faith Insurers in Rhode Island

Under certain circumstances in Rhode Island and Providence Plantations involving drunken reckless driving, the victim or surviving family members seeking justice are wrongfully denied compensation by insurance companies operating in bad faith. If an insurance carrier fails to provide a settlement payment or refuses to perform its obligations in a timely manner as described in the contract of insurance, the plaintiffs can seek damages.

Personal injury tort laws in Rhode Island (RI) are designed to protect victims harmed by other individuals or entities, including motorists driving recklessly or drunk. Many reckless actions including drunk driving cause serious injuries and fatalities. Driving recklessly can involve running a red light, swerving between lanes, turning into oncoming traffic, car stunts, speeding or driving down the street the wrong way.

Even if a drunk or reckless driver avoids a criminal conviction or is never charged with a DUI or DWI, the victims and surviving family members still have the legal right to seek compensatory and punitive damages. This is because criminal liability in RI and civil liability in RI involving vehicle accident cases are seen as separate issues under the law.

Car accidents due to reckless driving in RIReckless drivers are more than just a menace to other motorists operating their vehicles in a safe manner, because of the potential of causing accidents on the roadway. An irresponsible aggressive motorist driving recklessly can commit a moving traffic violation that substantially endangers people and property, which often leads to injuries, death and property damage. Common types of reckless  and negligent driving behaviors on the Rhode Island (RI) roadway include:

Reckless driving car accident in Rhode Island

• Making an unsafe lane change
• Driving at excessive speed
• Dangerously weaving through traffic
• Tailgating (following too closely behind)
• Passing a legally stopped school bus
• Failing to yield to motorists with the right-of-way
• Failing to signaling when turning
• Talking or texting on a smart phone
• Racing and drag racing
• Failing to stay in a single lane
• Operating a vehicle with faulty brakes
• Performing illegal U-turns (180 degree turn)
• Cutting off other vehicles on the roadway
• Passing vehicles on the right
• Road rage driving
• Driving faster than the posted speed limit through school zones and construction zones
• Passing on the right shoulder or in a no passing lane
• Impaired driving such as driving drunk or when on drugs
• Disregard of traffic signals and signs

Negligent and Illegal driving in Rhode Island and Providence Plantations

Any manner of reckless driving is a negligent act and is often explicitly illegal.  The State of RI has various enacted laws imposing strict penalties for any motorist driving at reckless speeds, typically considered numerous miles more than the posted speed limit. In addition to being cited with a traffic violation, the reckless driver can be held civilly liable, requiring them to provide financial compensation to victims of the accident suffering injury, death and/or property damage.

Even though reckless driving is often illegal in Rhode Island and always negligent, proving the reckless driver exhibited inappropriate behavior conclusively to a judge or claims adjuster is often a challenging legal battle.

Insurance carriers faced with paying  RI personal injury claims involving the reckless behavior of their policyholder often fight aggressively to minimize their payout. Many times the claims adjuster will use a variety of proven tactics to deflect any allegation of negligence by the reckless driver in an effort to deny or minimize financial compensation to the victim. In fact, recovering damages through financial compensation is never guaranteed in a Providence, Pawtucket or Woonsocket car accident. Compensation is not automatic when filing a claim. Usually, successful outcomes of claims require the aggressive skills of a competent  Providence personal injury attorney who specializes in  Providence reckless driving accidents involving injuries and death. Hiring a committed  Pawtucket car accident lawyer equipped with the proper legal tools, proven strategies and effective tactics is often necessary to obtain adequate recompense.

How a RI auto accident Attorney Can Help | negligent

A skilled  Rhode Island Personal injury attorney can fight for their client to ensure that the responsible party, represented by their insurance carrier, provides the victim adequate financial compensation. The money obtained is usually substantial, and covers a variety of expenses including:

• Hospital bills, doctor visits, surgeries, rehabilitation, physical therapy and other procedures necessary to heal
• Financial costs associated with the accident
• Property damages including car replacement or repair
• Missing earnings caused by the inability to work due to the accident
• Any loss of potential future earnings if the victim is suffering temporary or permanent total or partial disability from the accident

North Providence, Cumberland. Lincoln, Car crash, motor vehicle collision

In addition to covering tangible cost, the The Cranston, Warwick or East Providence attorney will seek recompense for intangible losses including the pain, suffering and discomfort the victim experiences from the accident. It can also include a loss of companionship and consortium, along with payment for emotions involved in being disfigured or losing a limb in a catastrophic accident caused by a reckless driver. Reckless driving is a choice made by the driver, and always a preventable action that when avoided saves others from injury or death. In many incidences, the results of the reckless behavior are devastating, and cost lives or diminishes the quality of life for the victim.

Reckless driving is a broad term used to describe driving in a manner that intentionally puts other people on the road at risk. There are several things that can be classified as reckless driving. Speeding, driving at night or in the rain without using any headlights, running redlight or stop signs, making a U-turn without using the proper signals, inattentive driving, following too closely and improper lane usage.

Penalties For traffic violation

Reckless driving-drinking coffee and using phone

Reckless driving is considered a major traffic violation. It is typically classified as a misdemeanor. There are a number of potential consequences for reckless driving. People who are caught driving recklessly may get their license suspended or revoked.

People may also be required to pay a fine for reckless driving. A person may also receive a one year filing, probation or suspended sentence for reckless driving. Additionally, jail time is another possible penalty for reckless driving if someone dies or is seriously injured. People who commit multiple reckless driving offenses are likely to face harsher penalties. Reckless driving is often used interchangeably with terms like improper driving or careless driving. However, reckless driving is considered a more serious offense than improper driving or careless driving. That is why the penalties for reckless driving are more severe.

“In 2013, 2,163 teens in the United States ages 16–19 were killed and 243,243 were treated in emergency departments for injuries suffered in motor vehicle crashes.1 That means that six teens ages 16–19 died every day from motor vehicle injuries. Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.2″  CDC Motor Vehicle SafetyTeen Drivers Teen Drivers: Get the Facts

Accidents caused by dangerous driving in Rhode Island

Reckless driving often leads to car accidents in RI. It is estimated that anywhere from 30 to 33 percent of accidents in the United States are caused by reckless driving. Approximately 40,000 people die in a car accident each year. This means that reckless driving attributes to approximately 12,000 to 13,200 accidents per year.

Getting Compensation For Injuries Caused By Reckless Driving

Reckless driving is a deliberate and conscious act. People who drive recklessly, willfully disregard the consequences of their actions. If you have been injured in an accident that was caused by reckless driving, then you may be entitled to compensation. However, it is important to note that there is limited time that you can pursue compensation. That is why you should contact a RI personal injury attorney as soon as possible. A Rhode island car accident attorney can help you obtain compensation for the injuries you have received. This compensation can be used to pay for your medical expenses, lost time at work and other losses you have suffered as the result of being injured in an accident that is caused by reckless driving.

If you were injured in a car accident in Rhode Island and Providence Plantations, please contact RI personal injury lawyer, David Slepkow. A Rhode Island personal injury attorney or a RI car accident lawyer can help you get the compensation that you deserve.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility

 

Rhode Island Truck Accident Lawyer | Slepkow Law

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Rhode Island Truck Accident attorney

Rhode Island truck accident lawyer

Trucking accidents In Rhode Island can be dangerous and scary, even after the physical pain and shock of the accident have been dealt with the problems of how to determine who is to blame and how much compensation is available must be determined. The laws governing the operation of trucking companies and individual trucks are often difficult to understand, largely because trucks are governed by both state and federal law. If you were injured in a truck accident in RI, contact a Rhode Island truck accident lawyer.

Rhode Island truck accident lawyer

The process of investigating a big rig trucking accident and apportioning blame following an accident begins for the trucking company soon after the accident takes place. In many cases, an investigator is dispatched to look into the accident while the vehicles are still in place after the accident. In an attempt to apportion blame the investigators and insurance agents representing a Semi Truck company have been known to attempt to interview an injured party soon after the collision and obtain signed medical waivers to curtail a future compensation claim being made.

Rhode Island truck accident attorney

Each investigator is working for the trucking company or insurance company  and therefore wish to shift the blame away from the truck driver. A person making a claim against a trucking company in Rhode Island Superior Court should seek legal advice to determine how best to proceed with their claim in RI against the company. Providence trucking crash Personal Injury lawyers should have knowledge of the many documents a truck driver is required to keep as they embark on a journey. For long journeys a driver is even required to keep a sleep log, this allows an investigator to ensure they have not been overworked should an accident occur.

Trucking accidents in RI

Trucking accidents in RI come in many forms and may include a  Semi Crash with a car, motorcycle or pedestrian. Sadly many Tractor Trailer crashes are deadly especially when a truck collides with a bike, bicycle , pedestrian or small auto. Rhode Island has numerous big time Wrongful Death attorneys.

RI Personal injury Attorney

There are many options available to a person making a compensation claim following a Providence area truck  wreck. These include the option of seeking a claim against the operators of a trucking company, or seeking a claim against the manufacturer of a part used to repair a truck when mechanical failure is to blame for the accident. A RI Personal injury Attorney is the best option in determining which claim to pursue based on the evidence supplied during an investigation into the accident. Multiple claims can often be made against the driver of the truck, the trucking company and the manufacturer of the truck or parts used on the truck.

In most cases, an initial consultation will take place that will allow the trucking lawyer to make a decision on whether a compensation claim would be worthwhile. The vast amounts of information about a RI Tractor Trailer accident can be confusing for a person not well versed in trucking law.

RI Commercial box trucks and flatbed trucks accidentsCommercial box trucks and flatbed trucks in Rhode Island are often loaded with heavy materials and carry an extensive amount of gross weight . Unlike a tractor-trailer, flatbeds and box trucks typically have the cargo transport area mounted directly to the chassis, where the load is carried on the vehicle, instead of being pulled behind.

Rhode Island truck accident attorney

The extra weight on the truck often makes it more challenging to maneuver, because of its diminished response in handling the vehicle under normal and severe conditions. Box and flatbed trucks haul a variety of loads from lightweight goods including food and furniture, to extremely heavy loads of building materials, cranes, motors, concrete beams and drywall.

Flatbed Accidents in RI

Because the cargo on a flatbed truck is exposed, drivers are required by law to stop the vehicle periodically and check the load to ensure that all carried material and goods are properly secured in a safe manner. Unfortunately, loads can easily become unsecured, creating an extremely dangerous situation if any transported materials spill out onto the roadway. An  Rhode island and Providence Plantations accident involving a single flatbed truck can easily become a multi-vehicle collision if the cargo is dispersed all over the road.

Recreational Vehicle Accidents In Pawtucket, Lincoln and Cumberland RI

Statistics maintained by the Federal Motor Carrier Safety Administration (FMCSA) show that tens of thousands of individuals are injured every year in recreational vehicle accidents. This is likely the result of inexperienced RV drivers operating oversized vehicles including campers, motorhomes, fifth wheels, conversion vans, van campers, truck campers and conventional vehicles.

Big Rig trucking accident in RI

In many incidences, the RV driver is a senior citizen who may be challenged in their ability to steer, see or respond quickly under various difficult driving conditions. In addition to limitations of the driver, the recreational vehicle’s sheer size and poor maneuverability increase its potential of being involved in an accident. Common causes of motorhome and recreational vehicle accidents in Rhode Island include:

• A runaway trailer
• Overloading
• Driver inexperience
• Poorly balanced load
• Improperly calculated turn
• Rollovers caused by the vehicle’s high center of gravity
• Issues with the blind spot that blocks sight of other vehicles on the road

Unfortunately, there are no state-mandated special driving permits for RV drivers in most states despite the challenges involved in their handling and maneuvering their vehicle on city roadways, freeways and interstates. If you were injured in a trucking wreck in Pawtucket, Cranston, Warwick, East Greenwich then contact the best RI Truck Accident attorney who is also a Rhode Island personal injury attorney

Van Accidents in Rhode Island

Statistics managed by the National Highway Traffic Safety Administration (NHTSA) show that large passenger vans, especially those carrying up to 15 passengers, have an increased potential of being involved in a rollover. In fact, a rollover is 500 percent more likely in the van when full, compared to when the driver is alone in the vehicle.

This is because of the incredibly high center of gravity when the van is filled to capacity with passengers and cargo including suitcases, golf clubs and other personal property.
In addition, a study by the NHTSA showed that even when there are minimal passengers in the van, most of those suffering a fatality from an accident were not wearing a seat belt.

Legal Responsibility for truck accidents in RI

Operating a large vehicle on America’s roadway brings with it the duty to maintain a safe environment for all occupants and others sharing the road. This is because victims of medium-size truck accidents involving box vans, flatbeds, passenger vans and recreational vehicles often sustain catastrophic injuries or death.

In many incidences, victims will hire a  Rhode Island personal injury attorney  or a RI Truck Accident lawyer specializing in medium-size truck accidents to seek financial compensation for their medical expenses, lost earnings, pain and suffering. The skilled  RI law firm / Rhode Island truck accident attorney will investigate the accident, take eyewitness accounts, develop a case, and hold all responsible parties accountable for their negligence including the driver, trucking company, vehicle manufacturer, roadway maintenance crews or anyone whose negligence led to the victim’s injuries. A good Rhode island truck accident lawyer will help you get the compensation you deserve.

“In 2014, 3,978 large trucks and buses were involved in fatal crashes, a 5-percent decrease from 2013. From 2013 to 2014, large truck and bus fatalities per 100 million vehicle miles traveled by all motor vehicles decreased by 4 percent, from 0.143 to 0.138. There was a 33-percent decrease in the number of fatal crashes involving large trucks or buses between 2004 and 2009, followed by an increase of 20 percent between 2009 and 2013. From 2013 to 2014, the number of fatal crashes involving large trucks or buses decreased by 4.5 percent. The number of injury crashes involving large trucks or buses decreased steadily from 95,000 in 2004 to 60,000 in 2009 (a decline of 37 percent). This decline was followed by an increase of 55 percent from 2009 to 2014.”  Federal Motor Carrier Safety Administration DOT

Truck and bus crash statistics

” In 2014, 3,978 large trucks and buses were involved in fatal crashes, a 5-percent decrease from 2013. From 2013 to 2014, large truck and bus fatalities per 100 million vehicle miles traveled by all motor vehicles decreased by 4 percent, from 0.143 to 0.138. There was a 33-percent decrease in the number of fatal crashes involving large trucks or buses between 2004 and 2009, followed by an increase of 20 percent between 2009 and 2013. From 2013 to 2014, the number of fatal crashes involving large trucks or buses decreased by 4.5 percent. The number of injury crashes involving large trucks or buses decreased steadily from 95,000 in 2004 to 60,000 in 2009 (a decline of 37 percent). This decline was followed by an increase of 55 percent from 2009 to 2014. On average, from 2004 to 2014, intercity buses accounted for 13 percent, and school buses and transit buses accounted for 41 percent and 33 percent, respectively, of all buses involved in fatal crashes.” Federal Motor Carrier Safety Admistration- Large Truck and Bus Crash Facts 2014  FMCSA  

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court located in Providence licenses all lawyers and attorneys in the general practice of law, but does not license or certify any attorney as an expert or specialist in any field of practice. While this East providence law firm maintains joint responsibility, most cases of this type are referred to other lawyers for principle responsibility.

Rhode Island Dog Bite Lawyer | Slepkow Law

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Rhode Island Dog Bite Injury Claims

RI dog bite lawyer

The RI Supreme Court Upheld the “One Bite Rule”  otherwise known as the “One Free Bite Rule” for Dogs within enclosures. In Dubois v.  Quilitzsch, The RI Supreme Court  upheld the so called one free bite rule.  The top court declared, “If injuries are suffered within an owner’s enclosed area, the strict-liability statute does not apply, but rather the common law continues to apply and dictates that the plaintiff first must prove that the defendant knew about the dog’s vicious propensities, a  requirement commonly known as the ‘one-bite rule,’ If injured by a dog in Rhode Island , contact a  Rhode Island dog bite lawyer.

RI Court refuses strict liability for  dog bite within an enclosure

The Rhode Island Supreme Court reasoned “Had the General Assembly wished to expand liability for incidents occurring within enclosed areas, it could have done so when enacting the strict-liability statute pertaining to incidents outside of enclosures, or at any later time, but it has not. As recently as 2003, in Montiero, 813 A.2d at 982, this Court declined to create a species-specific standard of care pertaining to dog bites, noting that the issue “is a policy matter that is better left to the [L]egislature.” We continue to be of the opinion that any modification to our dog-bite law is best left to the General Assembly.”

Rhode Island dog bite lawyer

RI dog bite law is different for dogs who cause injury or bite outside of  the dog’s enclosure Rhode Island has strict liability  for dogs causing injury outside of the dog’s enclosure. The old  adage that “every dog gets one free bite” does not apply  in Rhode Island when a dog causes injury outside of its enclosure! The RI  Supreme Court stated “Strict liability attaches for any injury occurring outside the dog’s enclosure.”  “Therefore, the dog-bite statute imposes strict liability in any circumstance wherein the dog is outside of its owner’s enclosure.” Johnston v. Poulin, 844 A.2d 707 (Rhode Isl. Sup. Ct., 2004). Every Dog Gets one Free Bite in RI if the dog is in its enclosure!  The RI Supreme Court Upholds “One Bite Rule”  otherwise known as the “One Free Bite Rule” for Dogs within enclosures

RI strict liability law for dogs outside of enclosure

§ 4-13-16  Action for damages to animals – Double damages on second recovery – Destruction of offending dog. – If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit. If afterwards any such damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved double the damage, to be recovered in the manner set forth and an order shall be made by the court before whom that second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order, and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of the dog knew that the dog was accustomed to causing this damage.

Please contact RI dog bite lawyer (Rhode Island dog bite lawyer) David Slepkow

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility. 

Rhode Island Pedestrian Accident Lawyer | Voted Best 3 Lawyer in RI

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RI liability in car-pedestrian accident

Rhode Island Pedestrian Accident Lawyer

When there is an accident between car and a pedestrian in RI, the first assumption is probably that the driver of the car or any other vehicle is at fault. Often, the automobile motorist is at fault for these types of mishaps. In many cases, the motorcycle, van, bus or automobile operator is 100 percent at fault because the motorist was: intoxicated, speeding, driving erratically, ran a stop sign or was distracted as a result of texting while driving. If you were injured in a pedestrian accident in RI, contact a Rhode Island Pedestrian Accident Lawyer.

Injured in a RI pedestrian accident

If you were injured in a pedestrian accident in Rhode Island , contact a Rhode Island pedestrian accident attorney. A RI personal injury lawyer will help you get the settlement you deserve Nonetheless in many cases, the car driver is at fault but the pedestrian is also partially at fault for the crash.  There is a common saying “the pedestrian has the right of way”, but it is not always true from the legal point of view in Rhode Island.

” Drivers and pedestrians who are alcohol-impaired Alcohol involvement for the driver or the pedestrian was reported for 49% of the traffic crashes that resulted in pedestrian death. Where alcohol involvement was reported, 34% of fatal crashes involved a pedestrian killed who had a blood alcohol concentration (BAC) of greater than or equal to .08 grams per deciliter (g/dL) and 15% involved a driver with a BAC of greater than or equal to .08 g/dL.1 Additional Risk Factors Additionally, higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of injury.4 Most pedestrian deaths occur in urban areas, non-intersection locations, and at night.1″    Center for disease control and prevention Injury Prevention & Control: Motor Vehicle Safety References: National Highway Traffic Safety Administration. Traffic Safety Facts 2013 Data – Pedestrians. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; 2015. Publication no. DOT-HS-812-124. [cited 2015 Feb 17]. Available at http://www-nrd.nhtsa.dot.gov/Pubs/812124.pdf . Accessed February 17, 2016. CDC

Comparative fault in RI

Under Rhode Island law, liability is apportioned based a comparative methodology. RI has adopted pure comparative negligence. Pure comparative fault means that a pedestrian who is more than 50 percent at fault for  a car, truck or bus accident can still recover damage for their injuries. For  example, in Rhode Island and Providence plantations, a pedestrian who walked across a busy street while web surfing and not using due care is killed by a motorist going 5 miles over the designated speed limit. If a jury in a Providence County Wrongful death cause of action finds that the pedestrian is 98 percent at fault for the collision then the negligent pedestrian would still be entitled to 2 percent of their damages.

However, RI’s neighboring state of Massachusetts (MA) utilizes a modified comparative fault law. If a pedestrian in Mass. is more than 50 percent at fault for a motor vehicle-pedestrian accident then the pedestrian is not entitled to any recover for pain and suffering, personal injury, lost wages or medical bills. In a car-Pedestrian accident, the pedestrian can also be  partially at fault.  Reading further will help you know better how and when damages may be lowered because a Pedestrian is partially at fault for a car-pedestrian accident.

Determining fault for a car-pedestrian or a truck- pedestrian accident in Rhode Island:

Suppose you see an accident in which a car hits a Pedestrian. You tell this to your friend and then your friends asks “whose fault was it?” You answered, it is difficult ascertain either party 100 percent at fault for the accident because the operator of the auto was speeding and texting while driving  but the pedestrian saw an ice cream truck on the opposite side of the road and ran out suddenly into the middle of the moving traffic. Perhaps if the automobile motorist had been going the speed limit and watching the road he could have avoided hitting the man darting into his lane of traffic. Nonetheless, the pedestrian failed to utilize a nearby crosswalk and did not look both ways before running out into traffic.

If the driver is at fault for the accident, the pedestrian can recover the compensation from driver or the insurance carrier of the driver for the harm caused.

Below are some of the common scenarios under which pedestrian can be comparatively at fault for an accident:

  • crossing in the middle of the street, jaywalking
  • entering a street or highway while intoxicated
  • crossing without following the traffic signals
  • Walking along bridges or highways where access to pedestrian is prohibited.
  • Distracted walking such as texting while walking or web surfing while walking

Shared Fault in Pedestrian-Car Accident:

In fact, there can be the cases where both pedestrian and driver can be at fault (both of them partially). For example, a pedestrian crossing in the middle of the street and the driver may not have been driving at a reliable speed, and was unable to stop in time.

So, what happens in such cases, where both driver and pedestrian are at fault? The rules for shared fault in accidents followed by different states are different but are based on these two basic concepts:

  1. Comparative negligence
  2. Contributory negligence

Comparative negligence:  Under this rule, an injured person can get compensation from the at-fault party, but the amount that the injured person will receive, get reduced by the percentage which is equal to their share of fault. For instance, if in an accident, both are faulty and jury determines that the 75% fault was of driver and 25% was that of pedestrian. If this rule is followed for compensating, then the pedestrian compensation amount would get reduced by 25% of the total amount. If a pedestrian is killed in an auto accident then the administrator or executor of the deceased estate must retain a Rhode Island wrongful death attorney to seek compensation for the fatal / deadly pedestrian accident.

There is also modified comparative negligence as set forth above used in certain state courts.

Contributory negligence: This is a traditional system, but is used in Alabama, District of Columbia, Maryland, and Virginia. It is an all or nothing system. If the states follow this system, then you will not be able to file a claim against the party at-fault.  They could file a claim for first party via their own insurance coverage, but no party can file a case against each other.

Summary:  In a car-pedestrian accident, there can be a fault of pedestrian, car driver or both of them.  One can file the Pedestrian Accidents claims on the other, if there is fault of one party, in case the fault is of both parties, then depending on the state laws, the person is claimed.

Pedestrian hit by car injury in RIThe injured victim was attempting to cross the street on foot in East Providence, RI.  As she was attempting to traverse Taunton Ave. in East Providence, she was struck by the defendant, motorist, who was driving an SUV. She was on her way to work at the time of the Rhode Island Pedestrian accident.

RI pedestrian accident attorney

Sadly, as a result of the crash, she was seriously injured and the Plaintiff’s leg was amputated. It is unclear from the RI Supreme Court decision any other injuries suffered by the crash victim. The plaintiff filed a negligence cause of action as a result of the car collision in Providence Superior Court. After a 7 day negligence jury trial, including legal arguments from Plaintiff’s RI personal injury Attorney and Defendants’ car accident lawyers and testimony from numerous witnesses, a Providence Superior Court Jury ruled in favor of the defendant and determined that the Defendants were not liable for the automobile accident causing the plaintiff’s amputation. Read the RI pedestrian accident Case here: Cheryl D. Mead v.Sanofi-Aventis U.S., Inc., et al.

Injured pedestrian has no memory of accident

The Providence Superior Court Justice refused to grant Plaintiff’s motion for a new pedestrian accident injury jury trial reasoning that “Moreover, the trial justice stated that Mead was struck after taking only a few steps into the street, which clearly indicated that it was not actually safe for her to have crossed.” Id. The Plaintiff appealed the automobile accident decision to the Rhode Island Supreme Court sitting in Providence. The RI Supreme Court affirmed the trial Justice’s decision in favor of the defendants. Sadly, the seriously injured victim does not remember the accident. She testified based on prior visits to that location that there was no crosswalk at the scene of the tragic auto crash.

Motorist who waived pedestrian across the road

Another motor vehicle operator had stopped and waived for the pedestrian to cross the road. He testified “he stopped his car, made eye contact with her, extended his arm out the window of his car, and waved for her to cross. The motorist who stopped testified that “DaSilva testified that he did not hear McNamara’s vehicle skid before striking Mead and did not see any skid marks on the street after the accident.” Id.

Testimony of Witness who was in motor vehicle behind Car who Waived Pedestrian to cross the street:

The motorist behind the car driver who waived the pedestrian to pass, testified that the injured pedestrian “acknowledged DaSilva’s wave by wav[ing] her right hand saying, basically, thank you….Cunha testified that, after Mead acknowledged DaSilva’s wave, she then sprint[ed] across the street and took approximately [t]hree to four steps into the street before McNamara’s vehicle struck her, causing her to “cartwheel in the air. He further noted that Mead did not take into consideration oncoming traffic before she popped right out into the street. Cunha, like DaSilva, testified that he did not hear McNamara’s vehicle skid and did not notice any skid marks in the street after the accident. He recalled that he did not observe McNamara’s vehicle before it actually struck Mead.” Id.

Defendant’s testimony in RI pedestrian Accident:

The defendant alleged tortfeasor  who the jury determined was not negligent, testified that “Mead suddenly emerged from between two parked vehicles located to the right of his vehicle. He testified that he saw Mead for “[m]aybe a second” before his vehicle struck her. He then stopped his vehicle at “just about the point of impact.” He recalled that, when his vehicle struck Mead, she “went onto [his] hood and then was projected forward and landed on the ground.” He testified that Mead was not in a crosswalk when the accident occurred.” Id.

Witness testimony

Gomes testified that he observed Mead “right through the * * * rear window” of one of the parked vehicles on his right. He stated that he saw Mead walk from the gas station toward the street and that Mead did not look in the direction from which he and McNamara approached before she began to cross. According to Gomes,  Mead “just didn’t stop” before crossing the street.  Consistent with McNamara’s testimony, Gomes testified that he did not see DaSilva’s vehicle stopped in the opposite lane and did not see DaSilva wave at Mead to cross the street. Gomes testified that he then saw Mead take approximately “two steps” into the street before she was struck by McNamara’s vehicle. He recalled that he could clearly see Mead as she was struck. and ““that [did not] necessarily mean” that McNamara could have also seen Mead from his vantage point. The trial justice further relied on Cunha’s testimony that “there was no screech of brakes, [and] no skid marks” in inferring that McNamara “never had a chance to apply his brakes before he hit [Mead].” Id.

Plaintiff’s Rhode Island Pedestrian accident Lawyer argument on appeal

“Further, Mead argues that the trial justice overlooked the police photographs that were submitted into evidence. Mead contends that the location of McNamara’s vehicle—near the double yellow line on Taunton Avenue—demonstrates that she must have been further than a few steps into the street when she was struck. According to Mead, these photographs show that McNamara had time to avoid striking her and that therefore he was negligent.” Id.

Defendant Insurance defense Attorneys arguments on appeal:

The defendant’s Injury lawyers argued that  “The defendants emphasize that the evidence overwhelmingly demonstrates that Mead caused the accident by darting out into the street without looking to see whether any vehicles were approaching in the eastbound lane. They further maintain that the photographic evidence does not prove that McNamara was negligent. Indeed, defendants contend that the photographs corroborate the eyewitness testimony that Mead took only a few steps into the street before she was struck by the right side of McNamara’s vehicle.

RI TOP Court’s reasoning that the Trial Justice did not make any errors and plaintiff received a fair tort Jury Trial:

The Highest Tribunal in Rhode Island determined that the Trial Justice did not err in denying Plaintiff’s motion for a new motor vehicle negligence trial.

“The mere fact that [McNamara] didn’t see [Mead attempting to cross the street] does not necessarily mean that he was negligent. The fact finders are required to view evidence in the light of their common sense. We all know that drivers * * * can’t sweep with their eyes constantly. They look here. They look there. They look down the road. They perceive something. They might misperceive something else. It’s all happening very, very quickly,  even at slow speeds. The problem is we don’t really know what happened here. We know that he didn’t see her, but the mere fact that he didn’t see her doesn’t necessarily mean he breached his duty to look and to try to see, digest and comprehend everything that was going on around him.” Id.

(Editors Note: It is not clear whether a RI workers Compensation claim was filed by Rhode Island Worker’s Compensation Law Lawyers. Any employment injury claim would probably be precluded by the course of employment rule since she was not working at the time of the mishap.)

Reasoning of  RI TOP Court

“Although three eyewitnesses apparently saw Mead waiting to cross the street, the trial justice reasoned that this did not establish McNamara’s negligence in failing to observe her. We agree.” Id  “We likewise cannot say that the trial justice overlooked or misconceived material evidence or was otherwise clearly wrong in making credibility determinations.” Id. She also found that various witnesses had testified inconsistently as to whether Mead actually stopped and looked to her left, in the direction of eastbound traffic, before crossing Taunton Avenue. Finally, the trial justice stated that, based on the evidence presented, she could not conclude that McNamara was speeding or doing anything—such as reading a map or looking for a radio station—that would have distracted his attention from the road ahead. The trial justice properly assessed each witness’s credibility and testimony and determined that Mead had not presented sufficient evidence to prove that McNamara was negligent.”Id.

According to the National Transportation Safety Board (NTSB):

“• Pedestrian fatalities declined between 1997 and 2006. However, the probability of a pedestrian fatality in a crash
increased while the probability of a pedestrian crash declined.
• About two-thirds of pedestrian fatalities were in urban areas. Of the nearly 42,500 cities or towns listed according to the U.S. Geographic Location Codes by the General Services Administration, only 13 percent of them accounted for those pedestrian fatalities in urban areas.
• Nationwide, nearly two pedestrians died in vehicle crashes per 100,000 population, and a pedestrian crash death
occurred every 70 million miles walked.
• January 1 and October 31 were the two most deadly days of the year, having the highest number of pedestrian fatalities.• Pedestrians are more likely to be killed in a crash between 3 a.m. and 6 a.m. or during the weekend on Saturday or Sunday.” NRD 

Rhode Island Car Accident Lawyer | Slepkow Law

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RI Car Accident Settlement

Rhode Island car accident attorney

If you are suffering from serious injuries from a Rhode Island car accident that was not your fault, you will need to consider filing a claim using a Rhode island car accident attorney against the responsible party and their insurance carrier. But exactly how do you determine the value of your claim that far exceeds your total medical costs and money needed to repair your damaged vehicle?

Rhode Island car accident attorney

Determining the value of special damages involved in a Rhode Island car accident is easy. You need to simply add up the bills from healthcare providers, lost wages and auto body shops. However, general intangible damages are a bit trickier to calculate. This might involve your pain, suffering, depression, mental anguish, and the limitations of your abilities to perform many of the normal activities you enjoyed before the accident.

The court system places no quantifiable financial value on your pain and suffering. However, it is important to find an objective way to place a dollar amount on the discomfort and stress you feel as you heal. Because of that, many people choose to hire a personal injury attorney with years of experience in negotiating an adequate settlement for their clients to include tangible and intangible costs.

The Negotiation Process of a motor vehicle crash

A skilled attorney can ensure that you receive the recompense you deserve for being the victim of a car accident you did not cause. A Providence attorney will ensure that you are properly healed, or that you have been properly diagnosed to determine the extent of your injuries and the length of the healing process. A RI Personal Injury attorney will use a variety of factors to negotiate the best settlement. Some of these factors include:

• The total amount of all previous medical expenses caused by the accident
• A calculated amount of all future medical care, including follow-up surgeries, procedures, treatments, rehabilitation and mental health care when necessary
• The limitations of performing your everyday activities including going to work and caring for yourself
• The costs involved in a permanent or temporary disability directly related to the accident
• The extent of damages to your family caused by changes in your abilities to work or perform everyday tasks
• The amount of funds required to repair any damaged property including your vehicle involved in the accident
• Adequate recompense for your pain, suffering, mental anguish and despair

Obtaining a larger settlement

Having a Rhode Island Personal injury Lawyer on your site is often beneficial when seeking a settlement that includes payment for your pain and suffering.  Jury awards dealing with general damages that can be highly unpredictable.

A skilled  East providence RI attorney can make a claim for your pain, discomfort and suffering by convincing the claims adjuster that:

• You are ready to file suit to go to trial
• The costs involved in putting on a trial will be high to the insurance company
• The facts of the case indicate that the jury will likely be sympathetic to you for the injuries caused by the responsible party

Hiring a skilled car accident lawyer in RI that specializes in  Rhode Island car accidents can help you gather evidence to make a convincing case to obtain additional funds for your pain and suffering. Most reputable Rhode Island personal injury law firms take cases on contingency. This means you will not be required to pay the attorney out of pocket.

Pictures and Videos in Car Accidents Claims

Auto accident lawyers in RI

If you were injured in a Rhode island Auto accident it is crucial that you take pictures of the automobiles involved.  Pictures of the car crash scene should be taken immediately after the accident. If possible also get a video or pictures of the accident before the cars are moved or towed by the police.

Take pics of injury bruises

These pictures may be useful if the person who caused the accident is not truthful about how the RI Accident happened. Also if you have visible bruises or physical conditions take pictures when the injury appears the worst. Make sure that you also notify the local police of the motor vehicle accident. Most importantly, if you were injured in the accident contact a Rhode Island personal injury lawyer.

Pics of the scene of the accident are crucial!

Also make sure that you get pictures of the scene of the accident showing any relevant physical conditions such as ice, snow, stop signs, traffic signals or other signs. If you believe that the other person was using his cell phone, smart phone or gps device, please notify the officer that this was a distracted driving accident. This will help the officer ask the important questions to the other driver and do a proper investigation. Most importantly, if you were injured in the car crash, make sure you receive proper medical treatment for the accident, you will not be compensated by the insurance company for periods of time when you were injured but not under the care of a medical provider.

David Slepkow

If you are involved in a motor vehicle accident in Rhode Island or a RI Car accident, it is crucial that you follow these important RI Auto Crash Tips:

  1. When you stop at the scene of the automobile crash, your first concern should be for the safety of yourself, your family and others involved in the motor vehicle wreck. If it is safe to do so, leave your vehicle at the spot of the collision so the police can adequately reconstruct the  RI car accident. In many situations it will be necessary to pull over to the side of the road or highway to protect your safety and the safety of others. Use common sense.
  2.  If staying in your automobile will imperil your safety in any way, then immediately get out of the automobile and move to a safe location. Many serious injuries and deaths in Rhode Island are caused by the second collision after the initial mishap. If you are still in an unsafe location, you could be injured by someone rear ending your motor vehicle.In some motor vehicle crashes and RI Car accident, victims of the collision exit the motor vehicle but congregate too close to vehicular traffic. This can cause a very serious pedestrian accident or fatal vehicular tragedy.
  3. The first thing you should do after an accident causing personal injury is make sure everyone is ok and determine whether an ambulance is required to bring anyone to the hospital for medical treatment.
  4. Call the police. Pursuant to Rhode Island law the police must be notified of nearly all motor vehicle accidents.
  5. Take pictures of all vehicles involved in the crash as well as the scene of the RI car accident. If there are any skid marks or significant signs or traffic signals, take pictures
  6. If the accident, is a hit and run collision make sure you immediately notify the police of the accident and any identifying information of the motorist or motor vehicle who caused the accident
  7. Contact a Rhode Island Personal Injury attorney or a Providence car accident lawyer concerning obtaining legal representation. In the event of a hit and run accident or a rear end accident with an uninsured motorist, make sure you retain a Providence Auto accident lawyer with expertise in uninsured motorist claims or underinsured motorist causes of action. Do not attempt to negotiate your claim without retaining a RI personal injury lawyer. If you do not leave the scene of the mishap by ambulance then obtain treatment for your injuries as soon as possible. If you wait too long after the motorcycle, bicycle, truck or car crash then the insurance company will try to discredit your credibility claiming that you fabricated your injury.
  8. Do not miss or cancel medical appointments. This will cause you to lose credibility with the insurance adjuster and may decrease the settlement value of your claim.
  9. Do not post online concerning your case. RI Personal Injury defense lawyers and insurance adjusters are well known for scouring online posts to seek damaging information about negligence claimants.
  10. Carefully, Document all medical treatment, hospital visits, urgent care visits, physical therapy, massage therapy and chiropractor visits as well as prescription medication and medical devices obtained.
  11. Take pictures of any bruises, marks or physical conditions related to the accident when the condition looks the worst.

According to the State of Rhode island State Police Department of Public Safety “Stop your car – Never leave the scene of an accident in which you or your car was involved. No matter how slight the collision, if your fail to stop, you could be convicted of “hit and run” and be subject to criminal prosecution even if the accident was not your fault. If you are blocking a lane of travel and your car is still operable, move your vehicle to the side of the road.” RISP 

  • According to dmv.com “Accidents can range from little fender benders to more serious collisions, so knowing what to do if you have an accident can relieve some of the stress. Try to move the accident off the road, especially if you’re in an area where there’s a chance to cause other accidents. Make sure everyone is okay, and if someone is injured, aid them the best you can and call an ambulance.”

“If everyone is fine, you’ll want to exchange information for your insurance companies: name, telephone number, driver’s license and insurance policy number.”  http://www.dmv.org/ri-rhode-island/accident-guide/

If you are involved in a Rhode Island car accident, there are several  important steps you can take to insure you get the best Personal Injury settlement . You should contact a Rhode Island  automobile accident lawyer immediately after a Rhode Island auto wreck

Steps to take after a Providence car accident

1.   Notify the police of the motor vehicle accident. Pursuant to Rhode Island and Providence Plantation law, the police must be informed of almost all accidents.

2.   If you were injured in an accident in RI, obtain medical treatment as soon as possible. If you did not leave the scene of the car accident by  an ambulance than either go see your primary care doctor or visit an urgent care center. Your primary care Physician may refer you to a specialist. Some specialists will not see patients without a referral from a primary care physician.

3.   Do not cancel your scheduled medical appointments! Make sure your medical providers are informed of all areas where you are in pain. Keep your doctor informed of all symptoms. Do not exaggerate  but also don’t minimize the pain and suffering.  An Insurance Adjuster will be reviewing  your medical records seeking to find inconsistencies, or discredit your allegations. The Insurance Adjuster will attempt to minimize your pain and suffering.

4.   As far as the insurance company is concerned, if you are not treating you are not suffering.  Do not expect to receive damages for periods of time when you are not treating but you claim that you are still in pain.

5.   Keep your RI Personal Injury Attorneys  informed of all  chiropractors,  massage therapists, hospitals,physical therapist  and urgent care centers that you have treated with. Keep track of dates of treatment and what occurred during the treatment. Keep records  of all medication. Save receipts for all medication that you take as a result of the Car Accident.

6.   Retain a Rhode Island Personal Injury Lawyer before you give a statement to the insurance company. The Insurance Company is not the enemy but they certainly are not your friend. They are trying to give you the least amount of money as possible or even potentially deny you’re the claim.

7.   Do not sign medical releases for the insurance company. The RI Personal Injury Lawyer will collect your medical records for you and submit them to the insurance company. You do not want to give the Insurance Company unfettered and uncontrolled access to your medical records!

8.   Take pictures immediately after the accident of your vehicle, the other vehicles and the scene of the car / auto crash. Take pictures of any visible injury, scarring or bruising. With a bruise you want to get a picture when it looks the worst. Do not have your automobile repaired until you have taken pictures of the damages.

9.   Do not sign medical releases for the insurance company. The Rhode Island personal Injury Lawyer will collect your medical records for you and submit them to the insurance company. You do not want to give the Insurance Company uncontrolled access to your medical records!.

10.If you get cited for a motor vehicle violation, hire a RI lawyer to represent you. If you are found guilty or responsible for the Motor Vehicle accident then your case may be severely impaired. The implications of not contesting a citation or pleading guilty could be detrimental to your Personal Injury Claim.

11.   Do not let the insurance adjuster influence you to settle the car accident prior to retaining a Rhode Island Personal injury Lawyer. The Insurance Adjuster wants you to take as little money as possible and they want to keep you away from a Rhode Island Automobile Accident Lawyer who can explain your legal rights to you.

If you were injured in a Rhode Island car accident then contact a Rhode Island personal injury lawyer. An injured victim needs to contact one of the best Rhode Island personal injury lawyers.

Question: How do I determine if the Insurance Company’s Settlement offer for my RI Personal Injury claim is fair?

In order for your RI Car Accident Lawyer to properly estimate the value of  your tort case, the  Rhode Island personal injury Attorney must evaluate many factors, including  amount of medical bills, pain and suffering, lost wages or lost business,  permanency of the injury, any disfigurement or scarring, loss of consortium, periods of  partial and or permanent disability, etc. Determining the real value of an accident claim is  a subjective determination. The amount of the medical, hospital, chiropractor and physical therapy medical bills  incurred will be an  important factor in determining the value of the  Rhode Island Car Crash. The period of time of  disability may play an important  role  in setting the value of the Motor Vehicle Crash Case.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type  such as Rhode Island car accident are referred to other attorneys for principle responsibility.

 

 

Pitfalls of Facebook & Social Media in Litigation

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Social Media in Personal Injury LitigationMany people use online social media sites including Facebook, Twitter, LinkedIn and others to stay connected with associates, family and friends. Many individuals update their social network site including their profile and status on a daily basis.

Online social media websites are a vast collection of personal and professional information that is available to nearly anyone with an Internet connection and a social media account. While this media provides many benefits including reconnecting a long-lost friends, as a marketing tool or to network, it also poses potential dangers during  Rhode Island personal injury litigation.

Tactical litigation tool to destroy your reputation and character

There are significant pitfalls to using Facebook, Twitter and other social media sites during Providence Superior Court personal injury litigation. When you adopt a social network site as a personal outlet, it can be acquired during routine discovery. The information can be entered into evidence as an effective strategic and tactical litigation tool to destroy your reputation and character. Because of that, Rhode Island attorneys that handle personal injury litigation and RI car accident claims will often advise their client to avoid  or be careful using social network sites during the entire negligence litigation process.

In addition to posting photos and updated status being especially harmful when seeking a personal injury claim for compensation, a “Liked” location or activity can provide opposing counsel guarded insight into your personal life.

Before Filing a Claim or Suit

Providence Personal injury attorneys will often discuss the dangers of using social network sites long before sending a demand letter or filing a complaint. As a part of the initial process of evaluating a claim, RI slip and fall lawyers often advise clients to enable their private settings in each social media account. Changing the setting to completely “private” can offer protection of personal information and prevent it from being seen by others. In addition, it can make it more challenging for opposing counsel to gather the information through informal discovery when taking depositions, issuing subpoenas and gathering evidence through interrogatories and document requests.

Avoid Deleting

Deleting or modifying any existing posted social media activity at any stage of personal injury litigation is off-limits. This is because as a litigant in an active personal injury case, you are obligated to preserve any relevant evidence that you know, or reasonably suspect, will be requested by the other side. Any alteration or deletion of social media information would breach your legal obligation and may be considered a crime. Avoiding any alteration or deletion of social media information early on can prevent a costly and difficult process of having it retrieved.

Tell Family and Friends

Rhode Island Personal injury attorneys  and Warwick car crash lawyers will often have their client  to notify family and friends of the potential dangers of posted social media. This is because Rhode Island personal injury attorneys representing the defendant in a personal injury case will often seek additional information on you by viewing profiles and data posted on the social media sites of your closest friends and family members. It is essential to warn everyone you spend time with to avoid posting photographs or public updates about you and themselves until the conclusion of your personal injury litigation.

In many incidences, lawyers and insurance company claims adjusters utilize social media network sites to build a challenging defense of a filed claim for compensation. In many incidences, they will comb through Twitter, Facebook and other sites searching for evidence that can be used against you or cast doubt on your credibility.

East Providence auto accident

Protecting your rights and legal options after filing a claim for compensation for your East Providence automobile accident claim is essential to a successful outcome. Avoiding any type of online post on your site or the side of family members and friends is crucial to minimize the potential of having the information used against you during an out-of-court settlement negotiation or when presenting the evidence at trial.