Who Is Responsible For a Single-Car Crash? | Single Car Accident in RI

February 13, 2017 By David

If you are the only one involved in a single car accident, then it may seem obvious that you are the one at fault. Well, this is a typical fallacy that many people believe when they are involved in a single car crash. Sure, there is no second car involved, but that doesn’t mean you should take the blame either. When you are involved in a single-car collision, it is worth talking to a car accident lawyer to evaluate the situation. You may find that you have a claim and deserve compensation, especially if you were injured in this accident.

Single car accident in Rhode Island

Single car accident

No two accidents are the same. The details are what makes it important. For some drivers, they only wrecked their car due to the careless maneuvers of another vehicle. According to Nolo.com, there are six types of common accidents. For instance, let’s assume you are driving down the freeway minding your own business. All of the sudden, the car in front of you has a tire blow out. The car starts driving erratically, and the driver cannot control their vehicle. In an attempt to avoid hitting the other driver, you hit the guard rail. The speed at which you were driving gave you injuries, and your car is totaled. You may be able to go back onto that driver because they caused your wreck. Had you hit them, it could have been a lot worse.

injuries from your accident

According to the National Sleep Foundation’s, there are more than 100,000 accident caused each year by drivers falling asleep. These incidents would not be covered, but let’s consider another scenario. You are driving down the road and the power steering on your car no longer works. You struggle to keep control of your car, but you swerve and hit a tree head-on. If a defective part on the vehicle is to blame, then you can file a product liability claim. It is not simple to prove this type of claim, but many find that it is worth the struggle. If you are suffering injuries from your accident, you need a lawyer that can help. website

East Providence attorney

Regardless of the facts, you need to consult with someone who can help. An experienced East Providence attorney is familiar with personal injury accidents. They also know the local justice system. They will be able to understand the aspects of your accident and identify liability. Proper legal counsel will do everything they can to protect your rights. They will seek a fair settlement to compensate for any injuries you may have sustained if there be a responsible party. When you are in an accident alone, don’t assume that your insurance company will handle everything. There are many factors that must be evaluated. information Slepkowlaw

References:

1. https://www.thebalance.com/single-car-accident-insurance-claim-527136
2. http://drowsydriving.org/about/facts-and-stats/
3. https://en.wikipedia.org/wiki/Single-vehicle_crash

Drag Racing Accident in RI | Fatal Drag racing accident Lawyer

July 30, 2016 By David

Driving is a privilege. It is also a responsibility. When a person gets a driver’s license, they are making a contract with the law and with the public that they will conduct their vehicle in harmony with traffic and safety laws.

Drag Racing Accident in RI

When reckless drivers break that contract by engaging in conduct like drag racing, they put their lives and the lives of the people around them in danger. An example of this can be seen in an event that took place in the early part of June 2016. According to police who arrived on the scene, a 23-year-old man was driving his Camaro at high speeds drag racing another vehicle. According to the reports of witnesses, the Camaro began to spin out of control and entered oncoming traffic. As a result, a 17-year-old passenger in the vehicle suffered fatal injuries, and the driver sustained life-threatening injuries.

Drag racing wrecks are not isolated

This incident is far from isolated. In fact, according to a report that was published by the National Highway Safety Administration, between 2001 in 2008, more than 1,047 people were killed in drag racing style accidents. This number is a lot higher than most people realize because accidents connected to drag racing are not something that most people think about until a family member is involved.

Broken bones, loss of limbs, and paralysis

Victims of an automobile accident resulting from drag racing may be entitled to compensation for their medical bills, lost wages, and other expenses connected to the accident. Medical expenses could include compensation for things as minor as cuts and bruises or something as serious as broken bones, loss of limbs, and paralysis. If as a result of the accident you require physical therapy, consultations with healthcare professionals, or you need to use and purchase accessories like crutches or heating pads, you might be compensated for these as well.

Injuries as a result of RI drag racing crash

Pain and suffering describes mental and physical injuries resulting from the accident. The damages awarded in these cases vary depending on the severity of the injury you receive. Pain and suffering compensation may include damages for the anxiety and stress you feel, including the post-traumatic stress that accidents can generate.

In the tragic event that an accident resulted in fatality, surviving members may claim loss of society and companionship damages, and they can also seek compensation to cover funeral costs and loss of future wages.

When a person gets behind the wheel of their vehicle, they have a responsibility to conduct that vehicle in the safest way possible. Ignoring that responsibility is negligent and maybe criminal. If you or a family members have been injured in an automobile accident as a result of drag racing, talk to our Rhode Island personal injury attorneys and let us work with you to determine what your options are.

Speeding car and motor vehicle accident statistics

April 17, 2016 By David

Cars are certainly designed to make it easier for individuals to get from one location to another. Caution must be exercised, however, to drive an automobile with care and within a reasonable speed given the conditions of the road and various other external hazards that could present an issue for drivers. Car accidents in Providence caused by speeding are increasing with alarming regularity, as the following statistics allude to. If you were injured in an auto accident, call RI injury lawyers or visit their website.

Causal Factors and speeding

Speeding accident

Every year, the National Highway Traffic Safety Administration (NHTSA) publishes statistics related to car accidents in attempt to educate the broader public about the various factors that, left unchecked, could cause serious injury or fatality. The NHSTA attributes an accident to speeding if the driver of one of the vehicles is officially charged with a traffic violation related to driving at an excessive speed. This typically involves the officer noting that the driver was either racing, driving faster than the prevailing road conditions allow, of going over the speed limit that is posted for that particular route. Info about: car wreck

Gender and Age Related Factors

Of the drivers that are involved in a fatal crash where speed was a mitigating factor, young males tend to be the most likely to be the culprit. In addition, the prevalence rate of speeding tends to decrease as the driver ages, which leads to a corresponding decrease in speeding related fatalities. In one recent year, 24 percent of female drives aged 15 to years old, along with 19 percent of female drivers aged 21 to 24, were speeding at the time of a car accident fatality. For males, that number increases to 37 percent in both the 15 to 20 year old category and the 21 to 24 year old range.

Alcohol Related Statistics

The NHTSA also notes statistics showing that drivers who are under the influence of alcohol are more likely to speed. In 2012, it was found that 42 percent of speeding drivers had a blood alcohol concentration over .08 upon being involved in a fatal crash. During that same year, 28 percent of drivers under the age of 21 involved in a speeding related crash were considered to be under the influence of alcohol, while only 13 percent of non-speeding drivers in the same age category were found to have been drinking prior to their accident.

If you find yourself in need of legal assistance due to a speeding related accident, contact a professional and experienced Rhode Ksland automobile accident attorney as soon as possible.

Source: http://www-nrd.nhtsa.dot.gov/Pubs/812021.pdf

Ice Missiles and Failure to Clear Accumulated Snow Accident

February 18, 2016 By David

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 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.

Rhode Island DUI accident victim’s injury lawyers | Drunk driving statistics

December 4, 2015 By David

The numbers of drunk driving injuries and fatalities are beyond startling. They’re frightening. According to the Centers for Disease Control and Prevention, about 30 people die every day in motor vehicle crashes involving drivers who had become impaired by alcohol consumption. That’s a death about every 51 minutes. Every two minutes, somebody is injured in a drunk driving accident. In 2013, the Federal Bureau of Investigation concluded that about 300,000 people drive drunk every day. It found that only about 4,000 per day were arrested.

The most recent statistics

Drunk driving statistics for 2014 were released by the National Highway Traffic Safety Administration (NHTSA) in the last quarter of 2015. As per the NHTSA, there were 9,967 deaths involving alcohol impaired drivers in 2014. Those fatalities accounted for an astounding 31 percent of all traffic fatalities. The scary fact is that the final numbers aren’t in yet for 2015, but the NHTSA says that deaths from alcohol impaired drivers in 2015 are up by 8.1 percent.

The criminal case against the drunk driver

If the drunk driver is caught by law enforcement, he or she will face a criminal prosecution. It’s unlikely though that a criminal prosecution will bring you the compensation for your injuries or the loss of a family member. You’ll need to file a civil case.

The civil case against the drunk driver in Rhode Island

The civil case against a drunk driver is entirely different than a criminal prosecution. The civil courtroom is where you bring your case for damages as a result of the wrongful acts of the drunk driver. Damages might consist of but not be limited to:
• Past and future medical bills
• Past and future lost earnings
• Pain and suffering
• Permanent disability
• Permanent disfigurement
• Funeral and burial expenses
• Punitive damages

The civil burden of proof in Rhode Island

In the criminal case, the prosecution must prove the drunk driver guilty beyond a reasonable doubt. In a civil case, the burden of proof is lower. You need only prove your case by a preponderance of the evidence. Drunk driving accidents in providence are preventable because people choose to get behind the wheel after drinking. We’re experienced, aggressive, successful but compassionate. Victims of drunk driving crashes deserve to be fairly compensated.

Article authored by a Rhode Island drunk driving accident lawyer. According to the Centers for Disease Control and Prevention, 28 people die every day as a result of alcohol-impaired driving. This figure translates to one death in every 53 minutes. Alcohol-related accidents also take a huge toll on the economy, costing the taxpayers more than $44 billion annually. Over the years, the government has employed stringent measures to reduce the death toll from impaired driving.

If you were injured as a result of a reckless drunk driving accident, you need to retain a top Rhode island personal injury lawyer to hold the criminal tortfeasor accountable and liable for their reckless and destructive conduct. A RI personal injury lawyer who is also a Providence drunk driving accident attorney will get the injured victim justice as a result of the drunk driving crash.

Rhode Island drunk driving accident victim injury attorney

Drunk driving accident

Driving while impaired is considered a criminal offense. A DUI charge is issued to a driver who is caught driving with a blood alcohol concentration (BAC) of 0.o8% or more. A Drunk driving charge in Rhode Island and Providence plantations can be supported by visual evidence of impairment without a breathalyzer test. In Rhode Island a persons under the age of 21 can be charged with a DUI offense for a lower amount of alcohol. DUI convicts can face jail time, hefty fines and a license suspension. If you or a loved one has been victims of an accident as a result of drunk driving, you should seek recourse from the law. Seeking representation from a RI personal injury attorney who is also a Providence car accident attorney is wise. These Rhode Island drunk driving accident lawyers can help you get fair compensation for the damages and injuries incurred in an accident.

§ 31-27-2 Driving under influence of liquor or drugs.

“(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subdivision (d)(3), and shall be punished as provided in subsection (d).

(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.” TITLE 31 Motor and Other vehicles CHAPTER 31-27 Motor Vehicle Offenses SECTION 31-27-2

There are several ways in which alcohol can increase the risk of accidents

Alcohol slows you down. Alcohol has a significant effect on the body’s response mechanism. For starters, it slows down your brain, and this makes you more prone to causing accidents. In addition to this, alcohol can:

Cause drowsiness
Affect your ability to reason properly
Slow down your reactions
Affect your concentration ability
Offset your sense of balance
Impair your vision
Give you double vision
Reduce your night vision ability
Give your blurred vision

As evidenced, these risk factors make impaired drivers very dangerous on the roads. They are not just a risk to themselves but other drivers and pedestrians. The injuries suffered in an accident can have far-reaching consequences. This is why you need to seek representation.

Rhode Island drunk driving accident attorney

Personal injury cases are often characterized by confusing legal procedures and medical terms. There is also so much paperwork that needs to be correctly filled. When you have suffered an injury, you will not be in the right frame of mind to deal with the red tape that often typifies injury cases. A qualified personal injury lawyer can help you navigate the process. The experience and knowledge of the law of these lawyers can work in your favor and help you secure the compensation you deserve.

Fatal drunk driving accident in RI

If a loved one, spouse, family member or child was killed in a fatal drunk driving accident than the family must retain a Rhode Island personal injury lawyer who is also a RI wrongful death attorney. A Providence wrongful death lawyer will be an expert in RI wrongful death laws as well as familiar with wrongful death lawsuits in Providence Superior Court.

The facts of a fatal drunk driving cause of action in RI

Maureen O’CONNELL, et al.v. William WALMSLEY, et al.v. Tapco, Inc., et al.”The tragic facts of this case emanate from a horrific automobile collision that occurred at approximately 10:30 p.m. on Sunday, March 9, 2003, in the Town of Coventry, Rhode Island. Earlier that evening, a group of young friends, Brendan O’Connell Roberti (Roberti or decedent), Jason Goffe (Goffe), Michael Petrarca (Petrarca), Frank Paolantonio, Jr. (Paolantonio), Erin Grant (Grant), and Derek Zisk (Zisk) met at Shooters, a pool hall and bar located on Cowesett Avenue in West Warwick. The friends remained there for a few hours, playing pool and enjoying a few rounds of drinks; at around 10 p.m., they decided to depart and travel to Zisk’s house, located off of New London Turnpike in Coventry.”

Rhode Island drunk driving accident

“The group left the pool hall in three separate vehicles. Petrarca, who drove a commercial Ford F350 truck with Paolantonio as his passenger, turned left out of the parking lot onto Cowesett Avenue. Goffe followed in his Toyota Corolla, accompanied by Roberti in the passenger seat. Finally, Grant, traveling with Zisk, drove the last vehicle out of the parking lot, and remained—at all times—behind the other vehicles.”

“According to the occupants of Petrarca’s truck, moments after leaving the Shooters parking lot, Goffe increased his speed, crossed the center line of the two-lane road, and passed the truck on the left. The Toyota then returned to the correct lane of travel and continued traveling at a speed of between forty and fifty miles per hour to the end of Cowesett Avenue; both vehicles then turned left onto Main Street and continued toward New London Turnpike, with Goffe’s Toyota still ahead of the truck. After traveling approximately one-half mile, the vehicles were required to turn left and proceed around a triangular median, in order to access New London Turnpike. Petrarca avoided this route, however, by making an illegal turn onto a one-way street and passing the Toyota on the left, thereby regaining the lead as Goffe made a legal left turn onto New London Turnpike. Petrarca testified that he made this fateful maneuver “as a joke,” however, he agreed that at this point, “it was getting a little crazy.”

“The vehicles continued west on New London Turnpike into Coventry; the road was straight with intermittent hills and dips. Although Grant continued to follow the Petrarca and Goffe vehicles, she testified that when she realized that she was traveling at about fifty miles per hour, she slowed down and saw the other vehicles speed away. According to Grant, it appeared that the two cars were racing because “they were about even with each other driving [in] the same direction,” with Goffe’s vehicle on the left side of Petrarca’s truck, facing oncoming traffic. A dip in the road caused Grant to momentarily lose sight of the two vehicles; however, when they reappeared she saw headlights approaching from the opposite direction and watched as Goffe’s vehicle swerved 63 *63 into the westbound lane in front of Petrarca’s truck.”

“Petrarca testified that he was traveling around fifty miles per hour in the westbound lane when he looked out the driver’s side window and saw Goffe’s vehicle alongside his truck, traveling in the eastbound lane. His passenger, Paolantonio, saw headlights approaching from the opposite direction, “probably a lot more than” 500 to 800 feet away. He advised Petrarca to slow down. Petrarca complied and allowed the Toyota to pass; however, according to Petrarca, Goffe passed him “like I was standing still”; he estimated Goffe’s speed to be around seventy miles per hour. Petrarca testified that Goffe’s vehicle reentered the westbound lane a few seconds later, at which point Petrarca first noticed the headlights of a vehicle approaching from the opposite direction. Petrarca saw the Toyota’s brakes applied momentarily before the car “sh[ot] right back into the oncoming traffic lane” at an angle, as if the car was turning left.”

“Paolantonio testified that the Toyota “was already on an angle” when it reentered the westbound lane and that after Goffe passed his truck, he “never had control of the vehicle.” According to Paolantonio, the distance between Goffe’s vehicle and the approaching headlights was “a lot more than” 300 feet when the Toyota began to spin out of control. Goffe’s vehicle then turned into the opposite, eastbound lane at a 180-degree angle when the front end of a vehicle driven by William Walmsley (Walmsley or defendant) collided with the passenger side of the Toyota. Neither Petrarca nor Paolantonio saw Walmsley brake or slow down, leave his lane of travel, or otherwise make any attempt to avoid the accident. Significantly, Paolantonio testified that Walmsley “probably could have braked * * * because he could have seen [Goffe] spinning out of control long before that.”

“As a result of the accident, twenty-year-old Goffe^[1] and twenty-two-year-old Roberti^[2] were pronounced dead at the scene. Walmsley and his passenger, Brenda Chandler (Chandler)—who was Walmsley’s fiancee at the time, and who had fallen asleep before the collision—were both seriously injured and taken to the hospital. There, Walmsley’s blood was drawn, revealing a blood alcohol level in excess of the legal limit. Walmsley later testified that, at the time of the collision, he and Chandler were returning home from the Mohegan Sun Casino (casino), where they had spent the afternoon eating, drinking, and gambling. Walmsley testified that he had consumed between two and five beers at the casino, but denied that he was in any way impaired by alcohol consumption. Walmsley estimated that he was traveling thirty-five miles per hour and stated that the last thing he remembered was traveling down a hill.^[3] Although Walmsley testified that at no point was his view of the road obstructed, he admitted that he did not see Goffe’s vehicle or any other headlights before the collision, nor did he apply his brakes or take any evasive action to avoid the accident.” 93 A.3d 60 (2014) Maureen O’CONNELL, et al. v.William WALMSLEY, et al. v. Tapco, Inc., et al. No. 2011-199-Appeal. Supreme Court of Rhode Island. June 23, 2014. 61 *61 Gregory S. Inman, Esq., Coventry, for Plaintiffs. David E. Maglio, Esq., Providence, for Defendants. Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

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.

Car Accident Reckless Driving, What Is Reckless Driving?

November 5, 2015 By David

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.

Rhode Island Rear End Accident Lawyer | Tailgating Accident Attorneys

October 16, 2015 By David

Each year, thousands of people will be injured due to rear end accidents. One of the most common injuries that victims suffer from is whiplash, in addition to other injuries. If this happens to you, it is best to seek legal representation from an experienced Rhode island auto accident attorney that will put your needs first. The insurance adjusters are often minimizing the seriousness of soft tissue but the best Rhode Island personal injury lawyers are keenly aware of the real impact of whiplash on innocent victims.

Rhode Island Rear End Accident Lawyer

The most common form of automobile accidents is rear end accidents. Rear end collisions in RI could be accredited to a variety of factors, such as in-car cell phone use, and t the seriousness he various distracting features that are installed into new models of vehicles each year. Even though a large percentage of automobile accidents that occur every year are due to rear end collisions, a majority of the injuries sustained are less severe, in comparison to other types of accidents, such as head-on collisions. However, rear end accidents in Rhode Island could potentially lead to serious injuries, or death, due to the impact of the collision.

Insight to Whiplash

Whiplash is generally a neck and back injury that could be developed after a rear end accident. Whiplash is typically caused by the sudden movement of the body – in a forward motion. At this time, a person’s head will remain static for a moment of time, as the collision takes place. The acceleration is what causes the vehicle to push forward, and leads to whiplash. Surprise injury could lead to damaged ligaments in a person’s back and neck. Expected injuries cause the muscles to tense, which is why they are more likely to be damaged first during the impact of the collision.

Types of Injuries in RI motor vehicle crash

A rear end accident in Rhode Island could potentially lead to a variety of injuries, some more severe than others. These types of injuries include:

• Herniated discs
• Brain injury
• Vertebrae fractures
• Jaw injury
• Back sprains
• Hip fractures
• ACL or muscle tears
• Ankle sprains and fractures

Get the Legal Help Necessary

Rear end accidents occur each day, and these collisions could lead to major injuries. If you are involved in a rear end accident in Rhode Island and Providence Plantations, you should consult with an experienced RI auto accident attorney immediately. He will use his legal experience and knowledge to help you deal with the challenges that you may face when fighting insurance companies for your rightful damages and compensation, such as:

• Medical expenses
• Wage loss
• Pain and suffering
• Mental and emotional stress

Car accidents as result of driving too close

Rhode Island rear end accident lawyer

Rear end accidents do not just cause extensive property damage to the vehicles colliding each other, but also often involve catastrophic injuries and death. Rear impact car and truck collisions in Rhode Island are often the result of motor vehicles following too close behind and not providing adequate distance to stop safely under normal or unusual conditions.

Rear end impact vehicle collision

The National Highway Traffic Safety Administration (NHTSA) indicates that more than 2.5 million collisions involving a rear end impact occur every year. As a result, hundreds of thousands of motorists and passengers are injured or killed from their injuries obtained in the accident. In all likelihood, the number of rear impact accidents in Rhode island and Providence Plantations are likely to rise because of the increased incidences of distracted driving when motorists send text messages, texting while driving, speak on cell phones or read emails while driving.

Serious Injuries caused by tailgating (driving too close)

Rear end impact collisions in RI are a leading reason for serious automobile accidents were a vehicle collides into the back of the car ahead. In many incidences, drivers and passengers in the lead car suffer serious injury to their neck, head, and spine. In fact, rear end collisions in Rhode Island cause the majority of whiplash injuries when there is a sudden jolt.

In nearly every situation in Rhode Island, the driver behind the lead car is entirely at fault for the RI crash / accident / collision. However, there are situations where the lead vehicle might be traveling at a speed too slow for the roadway or the lead driver is intoxicated at the time of the accident. In some very limited situations, the motorist in the lead car could be partially at fault for negligent driving because of an inexplicable sudden stop that provided no warning to others on approach.

“The Federal Motor Carrier Safety Administration (FMCSA) has given high priority to research regarding collisions between large trucks (gross vehicle weight > 4,540 kilograms (10,000 pounds)) and other vehicles on the roadway. This research aims to improve knowledge about the high-risk behaviors of truck and passenger vehicle (car) drivers. In 1998, large trucks accounted for 7 percent of the total vehicle miles traveled but were involved in 13 percent of all traffic fatalities (5,374 of 41,471). In these truck crashes, the car’s occupants were much more likely than the truck driver to be killed (78 percent of the fatalities were car occupants) or injured (76 percent of the injuries were sustained by car occupants). Two-thirds of all police-reported truck crashes involved a truck and another vehicle, and 60 percent of all truck crashes involving a fatality were two-vehicle car-truck crashes. ^”Federal Highway Administration Research and Technology Coordinating, Developing, and Delivering Highway Transportation Innovations Publication Number: FHWA-HRT-04-085 Date: July 2004 This research was conducted under the HSIS project by F.M. Council and D.L. Harkey of the University of North Carolina (UNC) Highway Safety Research Center, D.T. Nabors of BMI, A.J. Khattak of the UNC Department of City and Regional Planning, and Y.M. Mohamedshah of LENDIS. The full report, Examination of ‘Fault,’ ‘Unsafe Driving Acts,’ and ‘Total Harm’ in Car-Truck Collisions, can be found in Transportation Research Record 1830 (TRB, 2003). For more information about HSIS, contact Carol Tan, HSIS Program Manager, HRDS, 202–493–3315, carol.tan@fhwa.dot.gov. DOT

Determining Liability for rear end tailgating accident

Many victims suffering serious injuries and property damage in Rhode Island will file a claim for compensation against all parties responsible for the rear end collision. However, tort law involving vehicle accidents is complex and often requires the skills of a seasoned Provicence personal injury attorney. This is because it is the responsibility of the victim to determine liability to hold those legally accountable for their negligence. A skilled Providence personal injury lawyer can build a solid claim for compensation by showing liability because of various factors including:

• The party at fault violated posted traffic rules
• Eyewitnesses are available to describe how the accident occurred
• Third parties might be involved including additional motorists, bicyclists or jaywalking pedestrians
• Drugs or alcohol were involved
• Adverse weather conditions were occurring at the time, making driving difficult
• Physical evidence exists to prove liability including bumper damage, paint from other vehicles or skid marks

With Rhode Island legal representation, the victim can easily deal with insurance companies and prepare a claim for compensation. In most situations, settlements obtained by RI auto accident attorneys are negotiated at a higher amount than when the victim handles their case on their own.

Legal Consequences for tailgating wreck

When it has been determined what party is at fault whether it is caused by a panic stop or tailgating, all responsible parties are duty bound to pay compensation. As a result, automobile accident victims will often file a claim or lawsuit for damages. The amount of compensation the victim receives is usually based on the severity of their injuries and the extent of property damage. However, rear end collisions caused by tailgating in Rhode Island typically cause significant injury.

A skilled RI auto collision attorney can ensure that the victim’s rights are protected while building a strong case for compensation. The East providence law firm will seek compensation to cover economic (tangible) and non-economic (intangible) damages. Most Providence, Riverside and Rumford RI personal injury cases are accepted on contingency as a way to provide legal representation without the need of paying any upfront fees. In the event that the RI motor vehicle accident lawyer is unable to obtain compensation, the victim owes nothing for legal services provided in the case.

More information here

Many insurance companies try to take advantage of victims, and deny their benefits. A Providence auto accident attorney will help you fight for your rights!

Wrong-way Accident Lawyer | Head-On Crash Attorney

August 30, 2015 By David

Wrong way accident lawyer

Wrong-way car, truck, motorcycle and motor vehicle collisions are a very serious problem in Rhode Island and across the United States. These motor head-on vehicle wrecks are relatively infrequent but are a very serious social issue considering that such a high percentage are fatal or lead to catastrophic injuries.

Wrong-way driving often drunk driving related

Sadly, recent measures taken by the State of Rhode Island Department of Transportation were not enough to prevent another wrong-way vehicular accident on Interstate 95 in Providence on August 22nd, 2105. It is nearly impossible to separate the issues of wrong-way driving from drunk driving because such a high percentage of wrong-way collisions are caused by intoxicated or drugged drivers.

More still needs to be done by Federal and State authorities to protect motorists, pedestrians, bus passengers, motorcyclists and van drivers from wrong-way drunk drivers who cause serious deadly head on collisions. Many wrong-way collisions are also multi-vehicle accidents and some cause multiple fatalities/ deaths.

60 percent of deadly wrong-way collisions drinking related

The National Transportation Safety Board in its special investigative report on wrong-way driving accidents stated “Investigators identified driver impairment by alcohol as a leading factor in wrong-way driving collisions. Seven of the nine wrong-way drivers in the NTSB investigations covered in this report had BACs of 0.15 or higher. NTSB analysis of FARS data for 2004–2009 found that of the 1,566 wrong-way drivers in fatal crashes, 60 percent (936 drivers) were classified as drinking.55 Of the 1,150 wrong-way drivers involved in fatal collisions with known BAC results,56 about 59 percent (684 drivers) had high BAC levels—at or above 0.15. By contrast, of all drivers involved in fatal crashes on US public roads during the same time period, about 22 percent had BACs reported at or above 0.15.”

Numerous wrong-way head-on car accidents are also caused by elderly drivers.

The Rhode Island Department of Transportation (DOT) reported, “Nationally, about 360 people die each year in one of these crashes. Here in Rhode Island, we have witnessed 10 fatal crashes, resulting 13 deaths since 2008. Alcohol impairment is a leading factor for wrong-way crashes, and most happen on weekends and during evening and overnight hours.” DOT The RI DOT also stated, “In 2015 we completed a $2 million project to upgrade the signing and striping at 145 locations (more than 200 actual ramps) and install detection systems at 24 high-risk areas. These systems not only alert a driver who traveling in the wrong direction, they notify police and other motorists of a potential wrong-way driver.” RI DOT

August 22nd, 2015 Providence crash

Sadly the measures instituted by the State of Rhode Island and Providence Plantations were not enough to prevent another tragic wrong-way accident on Route 95 in Providence on August 22nd , 2015. Apparently, at the time of the Providence motor vehicle crash, the wrong-way system had not been implemented on the ramp where the motorist entered on the highway off ramp.“Wrong-way driver, 26, dies in early-morning crash on Route 95, injuring 1 person who was hit head-on”This wrong-way motor vehicle crash was near the Providence Place mall in Providence RI. This automobile collision occurred at around 4:30 am when a motorist entered an off ramp and went in a Southward direction in the North bound lane. The offending motorist crashed into another motor vehicle, minivan, in the high speed lane on the highway.

dead at the scene of the wreck

The Providence Journal reported “as the wrong-way driver, suffered fatal injuries as a result of the crash and was pronounced dead at the scene.” The minivan driver’s injuries were serious but not life threatening. The minivan driver was transported to Rhode Island Hospital after being extricated by Providence emergency personnel. Channel 10 News reported, “RIDOT closed the left hand lane of the highway, while state police and accident reconstruction teams worked at the scene.” Turn to 10

“Wrong-way collisions occur relatively infrequently, accounting for only about 3 percent of accidents on high-speed divided highways, but they are much more likely to result in fatal and serious injuries than are other types of highway accidents.” NTSB

Rhode Island personal injury lawyer can help

If you are a victim of a wrong-way collision or your spouse, family member or loved one was killed in a fatal wrong-way accident then contact a RI personal injury lawyer or a Providence wrongful death attorney as soon as possible. Only an experienced Rhode Island personal injury attorney or RI car accident lawyers can help you get the compensation that you deserve. A RI bankruptcy lawyer or a speeding ticket lawyer with no experience in fatal / deadly car accidents in RI will try to settle the matter quickly and in the end get you pennies on the dollar. In the event of a fatal car accident death in Rhode Island and Providence Plantations, family members are not able to file a wrongful death lawsuit seeking damages as a result of the deadly wreck. Only the executor or the administrator of the estate of the deceased can retain a Rhode Island wrongful death lawyer to seek compensation for the estate of the person who was killed in the crash. Any settlement or judgment proceeds received by the executor are not assets of the deceased probate estate but are paid to the statutory beneficiaries per the terms of the RI wrongful death statute.

Who is entitled to receive compensation in the event of a wrongful death in Rhode Island?

Rhode Island General law 10-7-2 in the RI wrongful death statute states “”§ 10-7-2 Persons who may bring actions – Limitation of actions – Minimum recovery period. – Every action under this chapter, other than one brought under § 10-7-1.2, shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate;..”

Rhode Island Food Poisoning Lawyer | Slepkow Law

August 2, 2015 By David

Rhode Island food poisoning lawyer

Not every dining experience is a pleasurable one when eating at restaurants. If you have suffered food poisoning while consuming food at a restaurant or other establishment, you likely feel very sick. You are probably wondering who is liable for your injuries and if you can file a lawsuit claiming negligence of others. Most individuals suffering food poisoning can often source their injuries back to the consumption of contaminated food. Serious health issues arise when exposed to harmful bacteria, toxins or viruses that contaminate many food products. If you suffered complications or illness as a result of food poisoning in Rhode Island, contact RI personal injury attorney David Slepkow.

Rhode Island Food Poisoning Lawyer

The CDC (Centers for Disease Control and Prevention) recognizes food poisoning as the nation’s most frequently reported injuries at dining establishments. The number of food poisoning cases total more than 70 million in the United States every year. The CDC believes that many cases are unreported simply because victims infected with food poisoning are unaware of the cause of their uncontrollable stomach cramps, diarrhea and vomiting.

Most serious life-threatening infections caused by food poisoning are the result of consuming foods with harmful bacteria including:

• Salmonella and Norovirus
• E. coli enteritis
• Cholera
• Staphylococcus aureus
• Campylobacter enteritis
• Shigella
• Toxins from fish

The deadly bacterium and toxins enter the body by various means, including through poultry and meat products kept at temperatures too high. Exposure to sources of toxic bacteria can occur from consuming improperly refrigerated mayonnaise, negligent manufacturing processes, defective food packaging or coming in to close contact with human waste usually by not properly washing hands and fingers that touch food.

The Connection between Negligence and Liability in Rhode Island

Receiving financial compensation for an injury caused by food poisoning in Rhode island and Providence Plantations can be challenging because a claim for liability must be based on proving negligence. Victims must show how the careless action or inaction of the restaurant staff, cooks or others directly caused the poisoning. Because of the complexity of food poisoning liability cases, many victims will hire Rhode Island personal injury attorneys or RI food poisoning attorneys / lawyers who specialize in these types of claims for compensation.

Foodborne disease

“Foodborne diseases monitored through FoodNet include infections caused by the bacteria Campylobacter, Listeria,Salmonella, Shiga toxin-producing E. coli (STEC) O157 and non-O157, Shigella, Vibrio, and Yersinia, and the parasitesCryptosporidium and Cyclospora. The data collected by FoodNet also lets CDC, its partners, and policy makers know how much progress has been made in reaching national goals for reducing foodborne illness.” CDC

A skilled Providence food poisoning lawyer can build a product liability case for recompense by showing how the defendants at fault for the food poisoning did not act reasonably careful when making, distributing, storing, cooking or serving contaminated food products. Successful resolution of a case or Providence Superior Court lawsuit will require pinpointing the particular food that made the victim sick and the direct link between the contamination and the consumption of the food.

The problems with Salmonella

The Center for disease control (cdc) states “Salmonella is a bacteria that makes people sick. It was discovered by an American scientist named Dr. Salmon, and has been known to cause illness for over 125 years. Most people infected with Salmonella develop diarrhea, fever, and abdominal cramps between 12 and 72 hours after infection. The illness usually lasts 4 to 7 days, and most individuals recover without treatment. In some cases, diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites. In these cases, Salmonella can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.” http://www.cdc.gov/salmonella/general/index.html

Common defendants in a Rhode Island food poisoning case often involve:

• The owners, management, cooks, wait staff and servers at an eating establishment;
• Food prep staff who handle food products when it was outside of refrigerated storage areas;
• Food shippers, distributors and suppliers
• Food product manufacturers
• Farmers and food growers

Recovering Damages using a personal injury lawyer in Rhode Island (RI)

Successfully resolving a lawsuit or claim to recover losses and damages against those at fault for causing a food poisoning injury requires proving specific elements that include:

• The food-borne illness or poisoning was diagnosed by a physician who claimed the injury was directly caused by a specific toxin, virus or bacteria;
• The food consumed at the time of the injury was known to harbor that specific toxin, virus or bacteria;
• The illness, complications or symptoms are consistent with food poisoning caused by the consumption of that specific toxin, virus or bacteria.

Medicinet states” “Listeria is a bacteria that has caused the two most deadly outbreaks of food poisoning in United States history. In 1985, an outbreak in California was traced to eating a type of fresh cheese, and in 2011, Listeria food poisoning was traced to a cantaloupe farm and processing operation in Colorado. It is most often associated with eating soft cheeses, raw milk, contaminated fruits, vegetables, poultry, and meats. Newborns, the elderly and others with compromised immune systems are at higher risk of becoming ill with Listeria infections. Pregnant women are also at higher risk of contracting Listeria infections and are recommended to avoid soft cheeses like brie, camembert, and blue (cream cheese is safe) to avoid infection and to prevent transmission to the fetus” Medicenet

Rhode Island food poisoning injury attorney

If you, or a loved one, have suffered serious injuries, harm or symptoms that you believe are caused by food poisoning, you need to have your legal rights protected. You are likely entitled to receive compensation from the eating establishment, food supplier, grower, farmer and/or others. Your RI injury attorney will seek legally recoverable losses and damages including your medical expenses, lost income from time away from work and out-of-pocket costs. In addition, your East Providence negligence lawyer will seek compensation from all parties at fault for your non-economic losses including pain, suffering, mental anxiety and emotional distress.

It is important to note that not every case of food poisoning rises to a level that requires civil action. However, if you are facing extensive medical expenses after suffering a particularly acute case of serious food poisoning, taking legal action is likely your best and most viable option.

http://www.cdc.gov/foodborneburden/

Rhode Island Deck Collapse Lawyer | RI Porch Railing Failure Attorney

July 29, 2015 By David

Rhode Island deck collapse lawyer

Porches, balconies and decks offer an enjoyable space for entertaining and mingling with friends. Individuals spending time outdoors on a balcony, porch or deck automatically assume that it is structurally sound and safe to support their weight. Deck collapse and porch collapse are very serious issues in Rhode island and Massachusetts and the injured victims need to seek the best Rhode Island and MA personal injury attorneys for legal assistance.

Rhode Island deck collapse lawyer

However, if the porch collapses or the railing fails the end result can be catastrophic. This is because these types of Providence, Woonsocket, Central falls or Warwick accidents often cause serious injuries including head trauma, broken bones, spinal cord injury, disfigurement, torn ligaments and damage to internal organs. In some cases, a porch railing failure accident or collapsed porch or deck collapse can be fatal if the victim becomes covered under a massive amount of heavy debris or falls from a great height.

Rhode Island Porch Railing Failure Attorney

These types of serious accidents and mishaps can happen on public property, commercial buildings and residential homes. Porch collapses and deck collapse in Rhode Island and Massachusetts are caused by various factors including defective design, shoddy construction, rotting wood or lack of maintenance by the contractor, site manager or property owner. These cases often involve premises liability when others responsible for the property are negligent in their actions or inaction a creating a safe environment. A poor design, inadequate construction and lack of maintaining the building can cause various problems on the deck or porch under certain circumstances, which often include:

• A building violation
• Structural defect or design flaw
• Overcrowding
• Inadequate supports
• Decaying wood on the porch’s structural supports
• Rotting handrail
• Rusty fasteners or nails
• Weakened beams
• Defective components
• Decomposing flooring material caused by weather conditions or termites
• Deterioration of the building’s foundation
• Unnatural accumulation of ice and snow
• Failure to adequately maintain or repair the premises

Determining fault in Providence Superior Court deck collapse injury case

If you, or a loved one, have suffered serious injuries in a porch collapse or failing porch railing, hiring the skills of a RI or MA premises liability attorney may help. By law, the property owner, manager and others in charge of maintaining the premises are legally bound to ensure everyone’s safety. This means the decks, balconies and porches must remain clear of obstacles and other debris. In addition, all supported structures must be properly designed to accommodate normal weight loads when the porch is used as it is designed.

When a serious accident occurs in Rhode island or Mass., the victim seeking financial compensation through a claim or lawsuit must prove which parties are at fault for their injuries and losses. However, this is a complicated process that often requires the skills of a seasoned RI personal injury attorney who specializes in premises liability cases in Rhode island. The East Providence, Rhode Island lawyer must have a comprehensive understanding of civil procedure, the statute of limitations and filing a claim for recompense.

A personal injury attorney in RI can use proven methods to determine if the business owner, landlord, property owner, lessee or others have a legal duty to ensure that the premises remained safe for all visitors, tenants and guests. Under certain situations, the responsibility might be shared by multiple parties. Through experience and knowledge of state civil tort law, the Pawtucket, East Greenwich or Barrington attorney working on behalf of the victim may build the case on:

• Premises liability
• Negligence
• State construction laws
• Wrongful death

Proving the deck collapse case

A MA or RI lawyer fighting on behalf of the victim will file a premises liability claim or lawsuit based on the duty of the property owner or occupier. To be successful, the Rhode Island defective stairs personal injury lawyer must show specific elements of the claim including:

• The property owner, property manager or occupier knew, or should have reasonably expected, that the condition could occur
• Individuals, businesses and entities in charge of the property failed to provide the victim a safe environment, which led to their injuries or death
• The victim’s injuries, losses and damages are real

“• 6/11/2012 Manchester, N.H.: Portable classroom trailers at five city schools were closed after children were injured when a wooden platform attached to a trailer collapsed at one school.
• 5/19/2012 Ashland, N.H.: Rear deck porch collapse
• 5/2012 Churubusco, Ind.: A report of a collapse at a pre-prom gathering where 12 teenagers tumbled.
• 9/20/2011 Castleton, Vt.: Seven Castleton State College students were injured when a deck holding revelers collapsed.
• 9/26/2004 Milford, Conn.: Eight people were injured, including a soon-to-be bride, when a deck at the back of a house “collapsed like a house of cards.”Recent Study Reveals Dramatic Increases In Collapses And Failures Of Decks And Balconies The Jere Beasley Report

The insurance defense deck collapse attorneys will seek to establish that:

• The victim was aware that the dangerous condition existed before the accident
• The dangerous condition was obvious to the victim prior to the RI stair accident

These types of cases are handled on contingency, meaning the victim is not required to make an upfront payment for legal services. The personal injury law firm in Rhode Island handling the porch collapse case or lawsuit will be paid from a successful jury trial award or through a negotiated out of court settlement.