David

Fatal High Speed Police Car Chase Lawyers | Slepkow Law

High speed police chase accident in Rhode Island — Rhode Island fatal high speed police chase lawyers

RI high speed police chase lawyer, David Slepkow sets forth a very unique motorcycle, car and motor vehicle crash decision by the United States Supreme Court. The tort case is COUNTY OF SACRAMENTO et al. v. LEWIS, et al., PERSONAL REPRESENTATIVES OF THE ESTATE OF LEWIS, DECEASED, 523 U.S. 833 (1998), see also, Cornell

A Supreme Court tort case

It is rare for the US Supreme Court to weigh in on a tort claim because such negligence car / motorcycle collision wrongful death claims rarely have constitutional implications. However, this negligence decision is actually applicable to Rhode Island car, truck, van and motorcycle accidents involving police chases.

Fatal motor vehicle crash

If you were injured in an auto accident in Rhode Island and Providence Plantations then it is important that you contact an East Providence automobile accident lawyer. If a loved one, spouse, child or parent died as a result of a fatal motor vehicle crash in Rhode Island then you should seek out one of the best RI wrongful death attorneys. An experienced, Providence wrongful death lawyer will help you get the compensation your family deserves as a result of this deadly, fatal tragedy.

Police chase liability

Police officer’s in Rhode Island and across the United States, sometimes, get so caught up in the emotions of a high speed auto chase they fail to take into consideration that they are endangering men , woman and children who can be casualties of these reckless decisions. In some cases, it would be prudent for an officer to make a decision that capturing the offending suspect does not warrant the possibility of killing innocent motorists, bystanders, passengers and pedestrians.

High speed pursuits by authorities

In some cases high speed pursuits by authorities are justified when a suspect poses an imminent risk to the public and is fleeing from the police. In the County of Sacremento case there was a very serious motor vehicle accident in Sacramento as a result of a wild, out of control high speed police pursuit. A couple of police officers responded to the scene of a melee. After resolving the brouhaha, the officers proceeded to their police patrol motor vehicle. The officers witnessed a motorcycle speeding down the street towards them. The motorcyclist operating the bike was an 18 year old teen who was carrying a 16 year old passenger. Id. This speeding motorcycle was totally unrelated to the fisticuffs.

High speed police chase

The patrolmen attempted to stop the motorcycle, but were unable to do so. The officer “turned on his overhead rotating lights, yelled to the boys to stop, and pulled his patrol car closer to Smith’s, attempting to pen the motorcycle in.” Id. The young man did not stop his motorcycle in response to the officer’s directions.

Pursuit at high speed

According to the United States Supreme Court: “Stapp turned on his overhead rotating lights, yelled to the boys to stop, and pulled his patrol car closer to Smith’s, attempting to pen the motorcycle in. Instead of pulling over in response to Stapp’s warning lights and commands, Willard slowly maneuvered the motorcycle between the two police cars and sped off. Smith immediately switched on his own emergency lights and siren, made a quick turn, and began pursuit at high speed. For 75 seconds over a course of 1.3 miles in a residential neighborhood, the motorcycle wove in and out of oncoming traffic, forcing two cars and a bicycle to swerve off the road. The motorcycle and patrol car reached speeds up to 100 miles an hour, with Smith following at a distance as short as 100 feet; at that speed, his car would have required 650 feet to stop.” Id.

High Speed police chases are often deadly to innocent pedestrians, motorists and civilians

“The chase ended after the motorcycle tipped over as Willard tried a sharp left turn. By the time Smith slammed on his brakes, Willard was out of the way, but Lewis was not. The patrol car skidded into him at 40 miles an hour, propelling him some 70 feet down the road and inflicting massive injuries. Lewis was pronounced dead at the scene.” Id.

Overzealous police officers

Sadly, the passenger of the motorcyclist who may be an innocent victim was killed as a result of overzealous police officers. Should the police have backed off this chase because the chase posed imminent risk to the public, pedestrians and others operating automobiles on the roads and highways.

The issue before the United States Supreme Court “whether a police officer violates the Fourteenth Amendment’s guarantee of substantive due process by causing death through deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending a suspected offender.”

High speed dangers

Decision of the United States Supreme Court: “We answer no, and hold that in such circumstances only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation.” Id. The Court reasoned: “A police officer deciding whether to give chase must balance on one hand the need to stop a suspect and show that flight from the law is no way to freedom, and, on the other, the highs speed threat to all those within stopping range, be they suspects, their passengers, other drivers, or bystanders.” Id. See: Campbell v. White, 916 F. 2d 421, 423 (CA7 1990) (“…police officer accidentally struck and killed a fleeing motorcyclist during a high-speed pursuit”) Id. See, e. g., Frye v. Akron, 759 F. Supp. 1320, 1324 (ND Ind. 1991) (“parents of a motorcyclist who was struck and killed by a police car during a high-speed pursuit could sue under substantive due process because no Fourth Amendment seizure took place”) Id.

Evading the police recklessly

Police in Missouri were pursuing a 2008 yellow Suzuki 600 motorcycle driven by a motorcyclist who was evading the police recklessly. The bike was going in a westerly direction when a 1994 Chevrolet Silverado Pickup Truck was turning left. The trucker unknowingly pulled into the path of the offending motorcyclist. Sadly, the biker paid for his transgressions with his life as he was killed in the motor vehicle wreck. The truck sustained heavy damage and the motorcycle was also destroyed. Info

“Providence, Rhode Island, police say they’re looking for man who got away from officers after a high-speed chase that ended with a crash in Warwick.” NECN

By David

Rhode Island Wrongful Death Lawyer | RI Fatal Accident

Only a select few RI Personal Injury Lawyers have experience litigating wrongful death cases in RI. Therefore, finding one of the best wrongful death lawyers in Providence can be difficult. The loved ones of the person who died in the accident must find an experienced and competent Providence RI Wrongful Death Attorney. A Rhode Island wrongful death attorney will help you get the compensation you are entitled to and the justice you deserve.

RI wrongful death lawyer — Wrongful death lawyer in Rhode Island

Rhode Island Wrongful Death Lawyer

A fatal accident case in RI is never just a wrongful death case.The fatality may have been caused by an accident or type of negligence such as a car crash, vehicular collision, motorcycle accident, van collision, pedestrian mishap, medical malpractice or fatal bus wreck. Therefore it is crucial that the Rhode Island Wrongful Death Attorney you retain have both experience in litigating tragic deadly accident cases and experience handling the particular type of accident or negligence that you are seeking representation. I have set forth the basics of fatality claims pursuant to Rhode Island law below:

The basics of tragic RI wrongful death claims

–wrongful death cases in Rhode Island cannot be pursued directly by the spouse (husband or wife) or children of the deceased. Instead of the next of kin or widow of the deceased filing a lawsuit to seek damages as a result of a tragedy, the fatal truck, motorcycle or car accident claim must be pursued by the executor or administrator of the estate of the person who died in the crash. The proceeds of the automobile death claim will be distributed by the executor to the statutory beneficiaries of the estate but will not be an asset of the estate. (Editor’s note: usually the executor of the person who was killed must retain a RI personal injury attorney with experience in wrongful death litigation.) RI law

Who is entitled to be compensated in Rhode Island from funds received as a result of a Wrongful Death Trucking or Auto accident claim?

“(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;” RI law

Statute of limitations

There is a three year Statute of Limitations for death by Wrongful Act in Rhode Island. Normally, missing the applicable time period under a SOL will be an absolute bar to any claim for damages as a result of a RI car accident. However, in extreme or unusual circumstances, this statute of limitations can be extended.

“With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered.” http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-2.HTM

If a person or entity is found responsible for a wrongful death pursuant to RI General law 10-7 is there minimum compensation available from the negligent tortfeasor?

“Whenever any person or corporation is found liable under §§ 10-7-1 – 10-7-4 he or she or it shall be liable in damages in the sum of not less than two hundred fifty thousand dollars ($250,000).” Law This law makes a lot of common sense since it would be a slap in the face to the victim’s child or widow to learn that a jury did not value the deceased life at least two hundred and fifty thousand dollars.

Are Punitive damages a possibility as a result of a wrongful death? If yes, what types of deadly crashes warrant an award of punitive damages? “§ 10-7-7.1 Punitive damages.

“In an action commenced under § 10-7-5, recovery may be had for punitive damages if such damages would have been recoverable had the decedent survived” http://webserver.rilin.state.ri.us/Statutes/title10/10-7/10-7-7.1.HTM

Punitive damages law in RI

Pursuant to RI law, the Plaintiff must jump through a number of hoops in order to be awarded punitive damages. The following types of cases may warrant an award of punitive damages: drunk or drugged driving, assault, reckless conduct, drowsy driving, firing a gun, sexual assault, drag racing, car stunts etc.

Liable for punitive damages in RI

In order for a defendant to be liable for punitive damages in RI, The Plaintiff must establish “that the defendant acted willfully and with malice or in bad faith. Izep v. Winoker, 589 A.2d 824 (R.I. 1991); Morin v. Aetna Casualty and Surety Co., 478 A.2d 964, 967 (R.I. 1984). To establish a claim for punitive damages, the plaintiff must allege and prove that the defendant acted with the intent to cause harm. Wilson Auto Enterprises, Inc. v. Mobil Oil Corp., 778 F. Supp. 101, 107 (D.R.I. 1991). The courts have characterized punitive damages as an extraordinary sanction which should be awarded with great caution and within narrow limits.” D’Amato v. Rhode Island Hospital Trust National Bank, 772 F. Supp. 1322, 1324 (D.R.I. 1991). Quote from :CAROL A. LESSARD : : VS. : C.A. No. KC 10-0369 : KENT COUNTY MEMORIAL HOSPITAL : AND RAYMOND J. MIS, D.O.,

Can punitive damages be covered by Insurance?

According to the Insurance Journal: “There is no statute on this subject in Rhode Island but this issue has been addressed by the Rhode Island Supreme Court, Superintendent Torti said. In evaluating a claim for recovery of punitive damages from an insurer, the Rhode Island Supreme Court has acknowledged in the case of Allen v. Simmons, 522 A.2d 541 (R.I. 1987) a split between jurisdictions but concluded that the sounder approach bars the wrongdoer from shifting the punitive damages to the insurer, Superintendent Torti said.”

Here is a nice Multi State overview of the Insurability of Punitive damages:

Killed as a result of the negligence

If your loved one was killed as a result of the negligence of a third party, corporation then it is crucial that you immediately retain a Rhode Island Wrongful Death Lawyer to get proper legal representation. The attorney may need to open an estate for the deceased person and pursue wrongful death litigation in Providence Superior Court. Some of the more common wrongful death causes of action are set forth below:

Tractor trailer Accidents

Sadly, many big rig accidents with cars and pedestrians in Rhode Island are fatal. According to legalinfo.com “A trucking accident occurs when large trailers (10,000+ lbs.) collide with other vehicles or pedestrians. Around 500,000 trucking accidents occur every year in the United States. Of these, approximately 5,000 trucking accidents result in fatalities. In fact, one out of every eight traffic fatalities involves a trucking collision.” Legal Info

Trucking crash expert testimony

IN Tom v. SB INC., Dist. Court, D. New Mexico 2013 The New Mexico Court issued an important Trucking crash expert testimony decision. The Court state: “Mr. Feder may present his opinion of the sequence of events leading up to the accident based upon a scenario where the decedent stopped beyond the stop sign. He may further testify about the possibility that the decedent stopped his vehicle while he was attempting to make a left-hand turn across Mr. Ruff’s lane, and about the impact of that decision on Mr. Ruff’s potential recourses of turning right or maintaining his lane. Mr. Feder may not, however, testify that veering left was the only “reasonable” evasive maneuver. Assuming its relevance, he may give an opinion that, based upon pertinent studies, veering left was a natural reaction in this circumstance.”

Medical Malpractice

“Although most of those claims are dropped or dismissed, the new survey from the AMA shows that most physicians will be sued for malpractice at some point in their careers. This works out to an average of 95 medical malpractice lawsuits having been filed for every 100 physicians now in practice, according to the association.” ABC News

Fatal Construction related Accidents

There are hundreds of types of construction related injury and death claims that occur in Rhode Island. These Rhode Island Construction Accidents range from crane accidents to slip and falls. Some of the most common types of construction accidents and death causes of action result from scaffold accidents, falls, crane accidents, front loader accidents, backhoe mishaps, ladder accidents, electrocution, falls and being struck by falling objects.

According to the Occupational Safety and Health administration (OSHA), “Out of 3,945* worker fatalities in private industry in calendar year 2012, 775 or 19.6% were in construction. The leading causes of worker deaths on construction sites were falls, followed by struck by object, electrocution, and caught-in/between. These “Fatal Four” were responsible for nearly three out of five (56%) construction worker deaths in 2012*, BLS reports. Eliminating the Fatal Four would save 435 workers’ lives in America every year”. https://www.osha.gov/oshstats/commonstats.html

If you were injured in a construction accident in Rhode Island then it is crucial that you immediately retain a RI Construction accident Lawyer who is also a Rhode Island Wrongful Death Attorney.

Motor vehicle crashes

Car accidents, bicycle accidents and motorcycle accidents in Rhode Island are often caused by speeding, distracted driving, drunk driving, drowsy/sleepy driving, reckless driving and violating vehicular road ordinances. There are hundreds of different types of vehicular accidents including your standard rear-ender and T-bone accidents at intersections. In this day and age, there are hundreds of auto accidents caused by distracted driving and texting while driving. If you are injured in a car accident in RI then you should immediately contact a Rhode Island car accident Attorney.

Multi-car accidents can be caused by icy or slippery roads in which one car is unable to stop as a result of the road conditions leading to a chain reaction of rear-enders.

Drunk Driving, Reckless Driving, Stoned & Drugged Driving Death Resulting

Driving while Intoxicated (DUI & DWI) is a major cause of car accident fatalities in Rhode Island and Massachusetts. “In 2010 Rhode Island had 64 fatal car crashes, which resulted in 66 fatalities, 38% of which involved a drunk driver. The total traffic-related fatality rate for Rhode Island was 6.27 fatalities per 100,000 people which was very low for 2010.” http://vehicle-fatalities.findthedata.org/l/40/Rhode-Island

Motorcycle accidents

According to the center for Disease Control (CDC) “In 2008, motor vehicle crash-related deaths involving cars and light trucks reached an all-time low in the United States. At the same time, however, motorcyclist deaths reached an all-time high, more than doubling between 1999 and 2008.A recent CDC study found that “Between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. emergency department (ED) for a non-fatal motorcycle-related ri fatal accident

Bicycle Accidents:

“In 2011, 677 pedal cyclists were killed and an additional 48,000 were injured in motor vehicle traffic crashes. Pedal cyclist deaths accounted for 2 percent of all motor vehicle traffic fatalities (Table 1), and made up 2 percent of the people injured in traffic crashes during the year.For the purpose of this Traffic Safety Fact Sheet, bicyclists and other cyclists include riders of two-wheel nonmotorized vehicles, tricycles, and unicycles powered solely by pedals. Throughout the remainder of this fact sheet the term pedal cyclist will be used to identify these cyclists.” http://www-nrd.nhtsa.dot.gov/Pubs/811743.pdf

Wrongful Death Pedestrian Accident:

According to the CDC, “In 2010, 4,280 pedestrians were killed in traffic crashes in the United States, and another 70,000 pedestrians were injured. This averages to one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes.1 Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.2 ” http://www.cdc.gov/motorvehiclesafety/Pedestrian_Safety/index.html

“Pedestrians—people who travel by foot, wheelchair, stroller, or similar means—are among the most vulnerable users of the road.In the next 24 hours, on average, more than 460 people will be treated in an emergency department for traffic-related pedestrian injuries.¹ In the next 2 hours, on average, one pedestrian will die from injuries in a traffic crash.²More than 4,200 pedestrians were killed in traffic deaths in 2010, and another 70,000 were injured.² With numbers like these, it’s critical that you understand the risks and learn how to stay safe.” CDC

Distracted Driving

There are hundreds of different types of distracted driving and one of the most dangerous appears to be texting while driving. Other types of distracted driving in Rhode Island include manipulating a gps, web surfing, cell/ mobile phone operation, eating while driving, watching a video while driving and many other types of distracted driving . Source

Bus Accident

“Ten percent of fatal crashes, 18 percent of injury crashes, and 16 percent of all motor vehicle traffic crashes in 2012 were reported as distraction-affected crashes. In 2012, there were 3,328 people killed and an estimated additional 421,000 injured” Citation

Boat Accidents- Sailboats and Motorboat accidents

“What are the causes of Boating accidents in Rhode Island? -Motorboats, sailboats, jet skis or other watercraft colliding with other boats.-Slip and Fall or Trip and Fall Boat Accidents.-Reckless Boat Driving, Drunk Driving (DUI) and inexperienced boat operators.” http://www.rhodeislandpersonalinjuryattorneyblog.com/2012/05/rhode-island-boat-accident-lawyer-ri-boat-accident-attorneys/

Slip and fall deaths

Premises Liability accidents are one of the most common types of accidents resulting in death. Premises Liability also includes construction accidents, negligent security, trip and fall as well as slip and fall mishaps.

The Providence Superior Court reasoned that: “Premises liability” is defined in Black’s Law Dictionary 1199 (7th ed. 1999) as “[a]landowner’s or landowner’s tort liability for conditions or activities on the premises.” Premises liability law in Rhode Island “imposes an affirmative duty upon owners and possessors of property: ‘to exercise reasonable care for the safety of persons reasonably expected to be on the premises . . . includ[ing] and obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.’” Kurczy v. St. Joseph Veterans Ass’n, Inc., 5820 A.2d 929, 935 (R.I. 2003) (quoting Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744,752 (R.I. 2000))” FARAH PAUL : : VS. : C.A. NO. PC 06-0287 : STATE OF RHODE ISLAND AND :PROVIDENCE PLANTATIONS, alias

Work related Wrongful Death accidents

If a person is killed while working, their estate they will be required to seek wrongful death damages against the employer in RI workers compensation Court. In Workers Compensation court in Rhode Island, negligence is not required for the estate to be compensated for the death of an employee while in the scope of employment. However, the deceased employee can still bring a wrongful death lawsuit in Superior Court against third parties who were at fault for an accident even if an employee was in the scope of their employment.

If your loved one was killed while working then you should retain a RI workers compensation attorney. Pursuant to RI Law 10-7-1 a wrongful death cause of action is a viable claim in Rhode Island Courts.

§ 10-7-1 Liability for damages for causing death. – Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.

A RI wrongful death cause of action could also be a medical malpractice, product liability or motor vehicle claim. If a loved one was killed in an accident then you should immediately retain a Rhode Island Wrongful Death Attorney. A Rhode Island Wrongful Death Attorney will fight to get your family justice and top dollar compensation.

Providence includes the general area and specifically East providence, Pawtucket, Cranston, Warwick, Barrington, Bristol, Warren, Johnston, East Greenwich, North providence.

Analyzing fatal accident statistics in Rhode Island and Providence Plantations can be very informative. These deadly crash statistics can even help lawmakers and public safety officials in Rhode Island make important public policy initiatives. If your family member, spouse, father, mother or child was killed in a fatal motor vehicle collision in Rhode Island and Providence Plantations then you need to contact a Rhode Island wrongful death attorney. A RI car accident lawyer who is also a RI wrongful death lawyer will help your family get justice as well as the compensation that you are entitled to.

Fatal car accidents leading to Rhode Island wrongful death litigation could be caused by hundreds of factors including: speeding, drunk driving (dui), lane violation, drugged driving, texting while driving, distracted driving and reckless driving. Make sure you do not see the accident victim as a statistics, look at the human side by going to:

Rhode Island fatal motor vehicle accident

The National Highway Transportation Safety Administration (nhtsa) compiles interesting statistics which the public and lawmakers can learn a great deal from. In 2014 there were 52 traffic related deaths in Rhode Island and Providence Plantations which was down from 65 in 2103. In 2013 there were .84 Fatalities per 100 Million Vehicle Miles Driven. Of the 52 people killed in the calendar year of 2014, 25 were defined as “Passenger Vehicle Occupant Fatalities” by the NHTSA. Unbelievably, 9 of these people killed were not wearing seat-belts. 18 of the 54 deaths constituted “Alcohol-Impaired Driving Fatalities (BAC=.08+)” 12 of the 52 were “Speeding-Related Fatalities” Source

For a five year moving average in Rhode Island go here: NHTSA

How are deadly collision financial damages determined?

Establish the gross income over the decedent’s total life expectancy and set the amount to present value subtracting personal expenses the decedent would have spent on himself or herself. If the person who was killed in the fatal car, truck or motorcycle accident was a homemaker then the beneficiary may collect the fair value of the homemaker’s service. § 10-7-1.1 Pecuniary damages – How determined.*

Who are the rightful beneficiaries when someone is killed in a fatal RI motor vehicle, tractor trailer truck, motorcycle, bicycle or other deadly wreck in Rhode Island and Providence Plantations?

The wife, husband or spouse of the person who was tragically killed in the crash may recover monetary damages as a result of a deadly Providence semi-truck , big rig , 18-wheeler crash or other fatal RI bike, pedestrian or construction mishap.

“…minors may recover damages against the person for the loss of parental society and companionship.… the parent or parents of the minor may recover damages against the person for the loss of the minor’s society and companionship. Law server

“…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…” http://www.lawserver.com/law/state/rhode-island/ri-laws/rhode_island_general_laws_10-7-2

Pursuant to Rhode Island wrongful death laws, the statutory beneficiaries are not allowed to file a wrongful death cause of action against the negligent at fault torfeasor. Only the estate of the deceased acting through the executor or administrator may file a wrongful death cause of action against the person or entity responsible for the untimely death. Surprisingly, the monetary award garnered by the RI wrongful death lawyers representing the executor of the deceased is not an asset of the probate estate. Therefore, the creditors of the person killed in the motorcycle crash or RI car accident is not entitled to any of the proceeds received from a settlement or judgment.

Worldwide road accident Statistics

It is important to examine not only statistics in the United States but to analyze worldwide stats. There were 14 pedestrian fatalities in 2014. 10 motorcyclists perished in motor vehicle accidents in 2014. Of those 10 deaths, 7 were unhelmeted and 3 motorcyclists were wearing helmets.

Approximately 1.3 million people are killed in in motor vehicle collisions every calendar year, this is about 3,287 fatalities in a 24 hour period
This does not include men woman and children who are maimed, injured or even become disabled 20-50 million.
Greater than 50 percent of fatal motor vehicle road, street or highway fatalities happen to younger people between 15-44 years old.
Motor vehicle, car, truck and road accidents are the 9th greatest cause of fatality. 2.2% of all people killed across the world are a result of motor vehicle and road crashes.
Street, roadway and highway accidents constitute the highest cause of fatality between people who are 15-29, it is the 2nd highest cause of fatalities in the entire world for children between 5-14 years old. Statistics from the Association for safe international road travel http://asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics

All Rhode Island wrongful death attorneys are also RI personal injury lawyers. The difference is that Providence Rhode Island wrongful death lawyers are injury attorneys in Rhode island who have experience litigating fatal accidents in RI. Therefore, always ask the Rhode island personal injury lawyer what his or her experience is in litigating fatal premises liability, construction accident, slip and fall or motor vehicle crash litigation.

Statistically, some car, truck and motor vehicle accidents have higher fatality rates in the United States and in Rhode Island than others. Statistics will not give you the only answer that you need. Also search the following terms: “projo obituaries today” and “projo obituaries past 3 days” to get the human side of such accidents. Only by a proper understanding of statistics related to deadly accidents and collisions in RI, MA and across the country can we learn how to prevent fatalities. Rhode Island wrongful death lawyers will fight to get you the justice you deserve. Consider the following 19 crash fatality statistics:

Wrongful death attorney in RI

In 2014, alcohol played a part in over 50 percent of all fatal crashes in every state.
Fatalities were higher in rural areas than in urban or suburban areas. In 2014, 51 percent of all fatalities were in rural areas.
According to the Center for Disease Control, or CDC, motor vehicles are the major factor in teen deaths, with six teens dying every day from motor vehicle incidents.
In 2014, roughly 435,000 people were killed or injured in motor vehicle crashes as a result of distracted driving. Anything that distracts a driver, whether it is texting, talking on a phone, eating, or any other activity, is considered distracted driving.
Drivers under the age of 20 were involved in 10 percent of all fatalities from distracted driving.
Teenaged drivers are three times as apt to be involved in a fatal crash, mostly due to lack of experience behind the wheel.
Male teen drivers have almost twice as many fatalities as their female counterparts.
According to the National Highway Traffic and Safety Administration, or NHTSA, 38 percent of fatalities in 2013 involved drivers in their 20’s who were classified as distracted drivers.
Every second during daylight hours, about 660,000 people are using electronic devices while driving.
Five seconds doesn’t seem like much. However, in the few seconds it takes to send a text, a vehicle traveling at 55 mph can traverse the length of a football field. That equates to driving blindfolded if that few seconds is distracted driving.
Motorcycle riders have a fatality rate close to 30 times that of a car.
Helmets provide close to 40 percent effectiveness in preventing a motorcycle fatality and are almost 70 percent effective in preventing brain injury.
In 2014, motorcycle fatalities accounted for 13 percent of all motor vehicle fatalities. Many of those could have been prevented by wearing a helmet.
Seniors aged 70 to 74 begin to have a higher incidence of vehicle fatalities than younger drivers. Drivers who are 85 years and older have the highest fatality rate.
Alcohol is least likely to play a part in a vehicle crash involving older drivers.
Wearing a seat belt reduces the risk of fatality by 45 percent for passengers in the front seat, 73 percent for those in the rear seats.
In 2012, according to the NHTSA, excess speed was involved in 30 percent of highway fatalities, resulting in the loss of 10,219 lives.
In 2013, 10,076 people died as a result of alcohol impairment. This equates to almost one-third of all traffic fatalities nationwide.
In 2013, 17 percent of all traffic deaths involving children under the age of 14 were due to a driver who was under the influence of alcohol.

fatal accident rhode island

According to the Jefferson County Sheriff’s office, the male driver of a motorcycle was killed shortly before 10 Monday morning when the motorcycle collided with the rear end of a truck. The motorcycle and driver were then hir by a car. The driver was pronounced dead at the scene. The investigation into the crash is ongoing.” Deputy: Motorcycle driver dies after rear ending truck, being struck by car

Hiring Rhode wrongful death lawyers

Many consequences of a vehicular accident such as motorcycle, trucking and car wrecks may not be immediately discernible. It’s best to seek legal advice from a RI wrongful death attorney before agreeing to a settlement with an individual or his or her insurance company.

A RI wrongful death attorney who is also a RI car accident attorney or Rhode Island wrongful death lawyers will fight the insurance company to get the decedent’s survivors the compensation they deserve and hold the tortfeasor responsible for their carelessness, recklessness or malfeasance.

Devastating, painful experience

An accident is a devastating, painful experience. Learning that a loss was caused by the negligent actions of others makes grieving unbearable. The unforeseen death brings untold heartbreak and loss felt by family and friends. In all likelihood, their untimely death created financial repercussions that make their untimely passing even harder. The reality of a fatal accident sometimes sets in when a loved on looks at the projo obituaries for the first time

Wrongful death in Rhode Island is a legal term that defines the death of an individual that was caused by the misconduct, negligence or reckless actions of others. The State Of Rhode Island tort law gives certain surviving family members the opportunity to file a wrongful death lawsuit as a way to seek financial recovery for their damages. The legally designed wrongful death action can provide financial compensation to certain relatives who depended on the deceased for emotional, loving and financial support. Projo obituaries often do not tell the story of how the victim died.

Executor or administrator of the person killed

In Rhode Island, a wrongful death cause of action must be pursued by the executor or administrator of the person killed in the fatal motorcycle, car or truck crash. If you need to find out the human side of the fatal accident and look behind the statistics, please search: projo obituaries today and projo obituaries past 3 days

Hiring a lawyer

In all likelihood, you have been considering filing a wrongful death lawsuit to get compensation for the fatal RI motor vehicle or premises liability accident as a way to receive financial compensation for your losses. Compensation through civil action can assist you in paying off your accumulated bills to get the family’s life back on track. But exactly what are the most effective steps for hiring the best Rhode Island wrongful death attorney to handle your motorcycle or car accident case to ensure the surviving family members receive adequate compensation?

Choosing a Wrongful Death Lawyer

In your community, there are literally hundreds of available personal injury attorneys who handle wrongful death cases. However, not every lawyer is specifically qualified to handle a fatal car, motorcycle, semi truck or bicycle mishap. Because of that, you must choose a wrongful death lawyer and texting while walking attorney based on specific factors that include:

Accessibility to Resources – The only way a tractor trailer (big rig), bicycle or motorcycle collision attorney can effectively litigate your case while you pursue a wrongful death lawsuit is to have accessibility to a variety of resources and support staff. The East Providence law firm will need to gather evidence, obtain experts, investigate the accident or incident, speak to eyewitnesses and take depositions to build a solid case to prove your negligence cause of action.
Qualified Experience – Only RI personal injury attorneys that have substantial past experience in deadly vehicular wreck litigation will have skills to successfully litigate and win your wrongful death claim. The lawyer will have a solid reputation in the community built on their comprehensive understanding of state tort law. Their experience will include strong negotiating skills to navigate the complexities of settling the case out of court, and strong litigation skills to represent your evidence to prove the case in front of a judge and jury.
Dedication, Passion and Diligence – With a license to practice law, attorneys can take nearly any type of case. However, you can serve your best interest by choosing law firms that dedicate a large portion of their practice to handling wrongful death claims. These claims can include bike accidents, motorcycle crashes as well as fatal automobile collisions.These attorneys will share your passion for holding those responsible for the death of your loved one accountable for their neglect. Their diligence typically drives them to a successful resolution of their cases.
Proven Results – In many wrongful death cases, the defendants are large corporations and big insurance companies that hire the best legal minds. Their efforts help minimize the amount of compensation insurance carriers payout to automobile accident victims. To even the playing field, you will need to select a RI car accident attorney that has solid proven results in previous cases. Their proven track record will assist in providing you exceptional results when handling your case.

The Ideal Rhode Island Fatal auto accident attorney

In your search to hire the best wrongful death motor vehicle attorney for your case, it is essential to choose those that are well-established in the community, can spend adequate time working on your case and keep in close contact with you throughout the process. Your RI truck accident (tractor trailer) attorney will share your passion when seeking justice and provide you the peace of mind you need to move on with your life.

The best Rhode Island motorcycle accident attorneys are those that are prepared to do the necessary work to assist you when recovering your financial losses through adequate recompense. The successful resolution of your case can help minimize or alleviate your emotional and physical damage you suffer because of the loss of your loved one. The injury victim does not want an ambulance chaser who is searching through the projo obituaries on a day to day basis.

Texting while walking is dangerous. However, the vehicle may also be negligent for your injuries even though you were texting while walking. “In one experiment, Nasar found that people on cellphones are 48 percent more likely to walk unsafely into oncoming traffic. Another study showed that injuries of pedestrians on phones more than doubled between 2004 and 2010. In fact, in 2010, the number of pedestrian injuries while texting exceeded the number of texting and driving injuries.” Texting While Walking: Are You Cautious Or Clueless? npr

Thousands of individuals lose their lives

Tens of thousands of individuals lose their lives every year in the United States as victims of accidents involving automobiles, drug poisoning, slip and falls, alcohol, fire and drownings. In recent years, the mortality rate for men involved in accidents has decreased slightly, while the statistics of women dying in an accident has remained virtually unchanged. If you need to find out the human side of the fatal accident and look behind the statistics, please search projo obituaries today and projo obituaries past 3 days.

If a loved one was killed in a fatal accident in RI, contact a wrongful death attorney in RI. The most common fatal accidents in Rhode Island occur on the roadway, on-the-job and at home. They include:

1. Fatal Car Accidents in Rhode Island – Drunk driving takes the lives of nearly half of all fatality victims in major cities. Other contributing factors include improper lane changing, short stopping, tailgating, flashing lights and distraction. In rural areas, most vehicle accidents are caused by distraction, fatigue, improper passing and aggressive driving.

2. Bicycling Accidents in RI – Serious bicycle accidents happening in urban areas take the lives of nearly three out of every four victims, and one out of every two bicycle accident victims on rural roads. Nearly all catastrophic bicycle accidents occur at intersections during daylight. Most bicycle victims die from major head injuries.

3. Falling off a Ladder – Many fatalities involve construction workers and do-it-yourself homeowners in Rhode Island falling from a high location including off a ladder. While falling a short distance can cause significant head injuries, broken bones, sprains and lacerations, the risk to suffering a fatality can increase when falling from heights 10 feet and higher.

4. Carbon Monoxide Poisoning – Because victims cannot see, taste or smell carbon monoxide, many deaths occur from faulty fuel-fed heating equipment. The silent killer often renders its victims unconscious within minutes without any warning. Because of that, it is essential to have all gas appliances routinely inspected and always leave the garage door open for a minute or two to allow fumes from the car’s engine to escape.

5. Fires – Uncontrollable flames is the number three cause of accidental fatalities in the home and on the job. Fires often occur from heating equipment, matches, electrical appliances, smoking and cooking. Many fire-associated fatalities can be prevented by ensuring that smoke detectors are working and active, and that candles and cigarettes are never left unattended.

6. Drowning – Water at the beach and in pools, bathtubs and spas can be very enticing to children. Many child drownings occur in community pools and neighborhood backyards due to lack of supervision or lifeguards. The potential of dying from drowning can be minimized by using CPR (cardiopulmonary resuscitation) once the victim is removed from the water.

7. Death by Electricity – Many workers and homeowners die by electrical accidents through electric shock, contact with a power line or electrocution. Electrical fatalities can occur from unsafe environments, lack of supervision, dangerous working conditions and not taking preventative measures when working on rooftops or near electrical poles.

8. Poisoning – Even with precautions, labeling and preventative measures, many individuals die by poisoning every year, with the typical age of victims averaging five years old and under. Many poisoning deaths can be prevented, especially when young children have limited access to household chemicals and medications.

9. Choking and Suffocation – Young children and the elderly are highly susceptible to death through choking and suffocation. Limiting young children access to common small household objects and baby proof precautions throughout the household can eliminate many of these fatalities.

10. Firearm Accident – Sadly, firearm fatalities are all too common when a gun accidentally discharges. These deaths can be prevented when every member of the family learns proper gun safety when handling, storing and using any firing weapon.

Accident with fatalities

To minimize the potential of being involved in an accident with fatalities, it is best to take a common sense approach concerning safety and injury prevention. Children must be supervised at all times, especially when in and around dangerous environments.

When the death is caused by the neglect of another individual or entity, surviving family members of a loved one lost to a fatal accident usually have the right to file a wrongful death lawsuit against all parties at fault for causing death. If a loved one, child, spouse or family member is killed in a Rhode Island fatal car, truck, motorcycle or other type of deadly accident than contact a Rhode Island wrongful death lawyer. A RI wrongful death attorney can help the survivors get the compensation as a result of the wrongful death in RI. best wrongful death attorney ri

NHTSA’s NCSA Research Note “2014 Motor Vehicle Crashes: Overview” (DOT HS 812 246), “The number of motor vehicle crash fatalities on U.S. roadways in 2014 continued the general decline that started in 2006. The Nation lost 32,675 people in crashes on roadways during 2014, down from 32,894 in 2013. The estimated number of people injured on the Nation’s roads increased in 2014, rising from 2.31 to 2.34 million injured people. Fatalities declined from 2013 to 2014 in almost all segments of the population—passenger vehicle occupants, large-truck occupants, pedalcyclists, young drivers, and with alcohol-impaired driving fatalities; only pedestrian fatalities increased by 2.2 percent. Although fatali¬ties decreased from 2013 to 2014, the estimated number of police-reported crashes that occurred on the roads increased— primarily a result of an almost 8-percent increase in crashes that resulted in no injuries, only property damage.” projo obituaries today

By David

RI lawyer : “Filing a Homeowner Liability Claim for Compensation”

Rhode island homeowner insurance policy A homeowner’s insurance policy is a combination of property insurance and liability insurance as a way to cover nearly every kind of accident that could happen at home. As a condition of coverage, the insurance carrier holding the policy is required to provide a legal defense in the event that others sue the homeowner for any injury or fatality occurring on the property. These types of claims may appear to be clear-cut. However, numerous homeowner insurance policy disputes can make things complicated.

Homeowner liability accident claim

In some situations, the insurance carrier will fail to provide a defense to a homeowner facing a third party liability claim. Other times, the insurance company will delay or deny the claim, or offer minimal compensation for any property damage caused by vandalism, theft, sinkhole, wind, fire or other cause.

In many situations, homeowners filing a claim will disagree with the insurance carrier or the worth of damaged or lost property. Disputes are often decided on interpreting the policy and its exclusions. Usually, this requires the skills of a competent attorney who specializes in homeowner liability claims, especially when the insurance company acts in bad faith.

Kinds of Residential Home Accidents in Rhode Island

Common residential home accidents that happen to occupants and visitors in RI include:

• Slip and fall injury
• Drowning and other wrongful death
• Burns and scalds
• Dangerous insect bites
• Poisoning
• Building or remodeling construction injury
• Assault and battery
• Cuts
• Water heater, home appliance, fireplace and furnace injury
• Fire and smoke inhalation
• Choking and suffocation

Filing a Claim against the Homeowner in the Ocean State

While the home is considered a safe haven, it is often a dangerous place. When an occupant or visitor slips and falls in a home in Rhode Island, they can be hospitalized because of a hazardous or hidden condition. Falling off a ladder, drowning in the backyard pool or slipping on an icy entryway can cause death or serious injury. Even the household pet biting a visitor can cause significant harm, which can lead to a homeowner liability claim or lawsuit to cover damages and losses.

While a visitor might be reluctant in filing a claim against the homeowner who is likely a friend, family member or acquaintance, compensation is actually provided through the homeowner’s insurance policy. The claim is brought against the homeowner, but the insurance carrier usually pays the claim. The property owner in Rhode Island (RI) purchased the insurance as a way to protect against any bad event that could happen around the house.

Compensation Challenges in Homeowner’s claims

Filing a claim against the homeowner in Cranston, Warwick, or East Greenwich when injured on their property involves premise liability laws. Filing a claim or lawsuit in Rhode Island can be complex. Because of that, many injured victims will hire a Providence personal injury attorney to handle their premise liability claim. A skilled East Providence premises liability attorney can serve as a legal representative and perform a variety of services including:

• Identify the coverage and limitations on the homeowner’s insurance policy
• File a homeowner’s liability insurance claim for financial recompense
• Determine what type of negligence was involved in the accident or incident
• Negotiate with the claims adjuster for an out-of-court settlement or file a lawsuit to take the case to trial

A trip and fall attorney in RI

The Woonsocket, Pawtucket or Central Falls Slip and Fall lawyer can help determine negligence and the value of the claim. Through legal expertise, a skilled RI trip and fall attorney can maximize the amount of compensation paid from the policy. Allowing the RI negligence lawyer to provide legal services provides the opportunity for the injured party to focus on healing.

Barrington, Bristol and Warren Personal injury law firms accept RI homeowner liability claims and lawsuits on contingency. This means their legal services are paid through a jury award or out-of-court settlement. You can discuss your case with a skilled Providence personal injury attorney in a no obligation, free initial consultation where you will be provided with a variety of legal options to obtain financial compensation.

By David

Liability of Bars for Serving Intoxicated Patrons Who Cause Wrecks

When restaurants, taverns, bars, bartenders and wait staff serve a patron in Rhode Island who is visibly intoxicated and the customer is later involved in a car accident, the establishment can be held legally liable.

Dram shop- Liability of bars for drunk driving

Their responsibilities are based on “dram shop” laws, which refers to places that serve alcoholic beverages including taverns and bars. These RI laws prohibit the sale of alcohol to any visibly intoxicated individual or minor who then subsequently causes injury or death to another because of an alcohol-related accident.

Bar or nightclub culpability for tragic car crash

Most commonly, dram shop liability where wait staff serves intoxicated patrons will involve a drunk driving accident with an injury or fatality. While these laws specifically outline which parties can be held legally liable at the bar or tavern, proving the case can be very challenging when seeking financial compensation. The victim is required to show how the actions or inaction of the defendant directly correspond to the accident. The victim must prove that the venue serving alcohol knew, or should have known, that the patron was intoxicated.

The Need for a Rhode Island negligence attorney

Proving a claim often requires hiring a skilled Rhode Island personal injury attorney who specializes in dram shop liability claims and lawsuits. The RI accident lawyer will often use a variety of tactics to build a solid case for recompense that often includes:

• Hiring an investigator to determine what bars or taverns the drunk motorist was served alcohol prior to the accident
• Accumulating evidence that the driver at fault for the accident acted intoxicated in front of the bartender or server and was still served alcoholic beverages
• Provide testimony from expert witnesses in the alcohol service industry to demonstrate how restaurants, bars and taverns have a legal requirement to safeguard the public by not serving alcohol to intoxicated patrons

Proving Negligence in a car accident

In addition to showing that the servers continue to supply alcohol to an obviously drunk customer, the victim’s Drunk driving victim auto crash attorney might be able to prove negligence by the wait staff, bartenders and establishment in numerous other ways including:

• Did the food service establishment or bar neglect to follow industry standards by not providing alcohol responsibility training to their managers and servers?
• Did the wait staff fail to inspect the patron’s ID properly to ensure they were serving alcohol to a customer of legal drinking age? (serving alcohol to a minor is criminally illegal and civilly negligent)
• Did the wait staff ignore the patron’s staggering walk or slurred speech prior to serving additional drinks while still allowing the intoxicated individual to drive the vehicle that caused the accident?

Any evidence obtained by the Providence Injury law firm can help strengthen the claim for financial recompense and hold all responsible parties accountable including the drunk driver.

Seeking Compensation in a Pawtucket, Woonsocket or Bristol collision

If you have suffered injuries, or a loved one has been killed in a drunk driving collision with a drunk driver, you likely have the right to file a claim or lawsuit for compensation. It is crucial to hire a Woonsocket personal injury attorney who specializes in dram law cases immediately. In many cases, police records from the accident scene do not always show direct responsibility for the accident. The Warwick auto accident lawyer can gather evidence that might be lost as time passes including obtaining facts about the alcohol level of the drunk driver prior to the accident.

Injuries

In all likelihood, the costs of recovery from your injuries are substantial. You may be suffering severe or serious injuries including TBI (traumatic brain injury), spinal column injury, broken bones, lacerations, burns, disfigurement or amputation. Your attorney can help identify every potential source of financial compensation, including receiving recompense from the commercial business that negligently served alcohol. If your spouse, loved one, family member or brother/ sister was killed in a fatal car accident in RI then it is imperative that you speak with to the customer who later caused your injuries.

Rhode Island Wrongful death attorney

A Providence fatal car accident / wrongful death lawyer can represent the executor of the estate to obtain compensation of the deadly mishap.

By David

Rhode Island Personal Injury Laws | Slepkow Law (Est. 1932)

Rhode Island Negligence, Personal Injury and Car Accident Laws RI Personal Injury Attorney, David Slepkow, provides this extensive guide to negligence and accident laws in Rhode Island. Below you will find some of the most significant liability, negligence and tort laws in RI.

Rear End liability for motor vehicle and motorcycle accidents

“Under Rhode Island law, “[w]hen a case includes a claim or defense resulting from a rear-end collision between vehicles, 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).

Wrongful Death Law in RI

A wrongful death cause of action in RI must be filed by the executor or administrator of the estate.
A settlement or judgment as a result of the fatal automobile crash is not an asset of the deceased person’s estate.
Any settlement funds or judgment recovered as a result of a car crash shall be distributed by the executor of the dead person’s estate to the beneficiaries set forth in the wrongful death statute.
Customarily, the administrator of the person who died in the collision or fall must retain a Rhode Island personal injury lawyer with experience in fatal accident litigation.
The statutory beneficiaries of a wrongful death recovery is set forth in Rhode Island general law 10-7-2. “(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;”

Statute of limitations -wrongful death claims

3 year Statute of Limitations for wrongful death in Rhode Island. Missing a statute of limitations will be a bar to recovering compensation as a result of a Rhode Island deadly crash. However, in unusual and very limited circumstances, this statute of limitations may be extended for good cause.

Extending Wrongful Death SOL

The Statute of limitations for most negligence, slip and fall & bicycle collision causes of action is 3 years in Rhode Island. The Statute of limitation in Rhode Island and Providence Plantations (otherwise known as the ocean state) is 3 years from the date of the accident for auto, semi-truck, motorcycle, bicycle and bike accidents.

Admissibility of Subsequent remedial Measures in RI

Pursuant to RI law, subsequent remedial measures may be used to prove that an alleged tortfeasor was negligent. This law puts Rhode Island in the minority state position because under the federal rules of evidence, Rule 407, and pursuant to nearly all state rules, subsequent remedial measures are not allowed to prove that a defendant was at fault for an accident.

Federal LAW- subsequent remedial measures:

““When measures are taken that would have made an earlier in-jury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence; culpable conduct; a defect in a product or its design; or a need for a warning or instruction. But the court may admit this evidence for another purpose, such as impeachment or—if disputed—proving ownership, control, or the feasibility of precautionary measures. (As amended Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec.1, 2011.) US Court

Subsequent remedial measures

Obligations to act in good faith and not expose Insured to excess liability Judgment

If an injured victim in a car, truck, motorcycle or premises liability or other accident claim makes a demand through their RI Personal injury Attorneys under or at the insurance policy coverage limits and the demand is rejected by the Insurance company then the insurance company is responsible to pay the entire judgment including interest! This is obviously a law that Providence car accident lawyers Love!

“If the insurer declines to settle the case within the policy limits, it does so at its peril in the event that a trial results in a judgment that exceeds the policy limits, including interest. If such a judgment is sustained on appeal or is unappealed, the insurer is liable for the amount that exceeds the policy limits, unless it can show that the insured was unwilling to accept the offer of settlement.” ASERMELY v. ALLSTATE INSURANCE COMPANY, 728 A.2d 461 (1999). Findlaw

Personal injury claims in RI focus on the state’s tort law involving negligence, recklessness, carelessness or abuse causing harm or damage to a victim. However, a Rhode Island Injury claim is only valid when injuries are the direct result of another’s action. A Providence Superior Court Personal Injury lawsuit or claim attempts to hold a defendant legally responsible due to their negligence, recklessness, carelessness, intention or breach of their statutory or common law duty.

Reasonable standard of care

Negligence is often defined in Rhode Island as conduct or behavior falling below a reasonable standard of care that any reasonably prudent individual would exercise under similar circumstances. While many types of personal injury claims in Providence, Woonsocket or RI communities involve catastrophic injuries from severe spinal cord damage to traumatic head trauma or death, a valid claim must simply show proof of responsibility over some type of damage to the victim.

This post is part 2 of 4 of RI Injury Attorney, David Slepkow’s comprehensive guide to RI negligence law in Rhode Island and Providence Plantations.

Medical Malpractice Statute of Limitations in Rhode Island

The statute of limitations for medical malpractice and surgical malpractice is three years in RI. In some very limited circumstances, the statute of limitations can be extended (tolled) for three years from the date a person knew or should have known of the negligence.

Physical Symptoms required to sustain Intentional or Negligent Infliction of Emotional Distress

“Rhode Island law clearly requires evidence of relevant, physical symptomatology, albeit under a relaxed standard to support an emotional injury claim. See id; see also Grieco ex rel. Doe v. Napolitano, 813 A.2d 994 (R.I. 2003) (physical manifestations must be sufficient to support an emotional injury claim).” PERROTTI v GONICBERG Providence Superior Court decision

Rhode Island and Providence Plantations Distracted Driving Law

The Traffic Tribunal sustained the Trial Judges decision that an alleged texting whiled driving motorist was reading a text message (SMS message) which is clearly prohibited by the texting while driving statute. The tribunal reasoned that “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. http://ricaraccidentlawyers.com/reading-text-message-enough-sustain-texting-driving-charge/ STATE OF RHODE ISLAND v JASON KILSEY C.A. No. T13-0056 : 13001519371

“ (b) No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public street or public highway within the state of Rhode Island.” 31-22-30

“ (8) “Wireless Handset” means a portable electronic or computing device, including cellular telephones and digital personal assistants (PDAs), capable of transmitting data in the form of a text message.” Id.

“”Text Message”, also referred to as short messaging service (SMS) means the process by which users send, read, or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device.” 31-22-30

Duty to remove ice and snow in RI:

The RI Supreme Court sitting in Providence adopted the “Connecticut rule” when the Highest tribunal stated “…landlord or business invitor 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) However, the Rhode Island Supreme Court stated “The landlord or invitor, however, must be afforded a reasonable time after the storm has ceased to remove the accumulation. ”Id.

Duties of Businesses to Customers and Invitees

The Supreme Court of Rhode Island located in providence set forth the applicable standard of care when the Highest Tribunal in RI Stated: that business owners had a duty “to exercise reasonable care for the safety of persons reasonably expected to be on the premises * * * includ[ing] an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.” Kurczy v. St. Joseph Veterans Association, Inc., 820 A.2d 929, 935 (R.I.2003) (quoting Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744, 752 (R.I. 2000)); accord Mead v. Papa Razzi Restaurant, 840 A.2d 1103, 1107 (R.I.2004)…Although a business invitor is not a guarantor of the safety of those who might be expected on the property, a duty remains to maintain the premises in a reasonably safe condition for prospective business invitees.” Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716(R.I.1999).

12 percent interest in RI

Under Rhode island law, the Court automatically adds 12 percent prejudgment interest on all negligence verdicts. This law essentially punishes insurance companies from delaying and denting legitimate injury claims.

§ 9-21-10 Interest in civil actions. – (a) In any civil action in which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date the cause of action accrued, which shall be included in the judgment entered therein. Post-judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on both the principal amount of the judgment and the prejudgment interest entered therein. This section shall not apply until entry of judgment or to any contractual obligation where interest is already provided. 9-21-10

In Febuary 2014, Several lawmakers in Rhode island proposed a new law to lower interest on prejudgment awards to six (6) percent. This Law was not passed! Proposed law

Obligations of Property owners to trespassers on land in RI

The obligation that a homeowner or property owner owes to a trespasser in Rhode Island is far different to the obligations owed to invitees. These laws usually comes into play in RI slip and fall causes of action on real estate or premises liability lawsuits.

“It is a well-established principle of law that property owners owe no duty of care to trespassers but to refrain from wanton or willful conduct; and even then, only upon discovering a trespasser in a position of danger.” Hill v. National Grid, 11 A.3d 110, 113 (R.I. 2011). http://www.rhodeislandpersonalinjuryattorneyblog.com/2013/12/ri-top-court-teen-injured-trespassing-at-haunted-building-knew-risk-no-liability/

Trespassing Children and Attractive Nuisance Doctrine

Rhode Island has adopted section 339 of the restatement of torts concerning trespassing children premises liability law. This is commonly known as “the attractive nuisance doctrine” The Attractive Nuisance Doctrine may apply if a child is trespassing and injured on a property. Under the Restatement (Second) Torts § 339 at 197 (1965): “A possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if….” http://www.rhodeislandpersonalinjuryattorneyblog.com/2013/12/ri-top-court-teen-injured-trespassing-at-haunted-building-knew-risk-no-liability/

Drunk Driving Death Resulting

Currently, the laws in Rhode Island state that someone who is charged for driving under the influence of alcohol or drugs and a death results may face a minimum sentence of five years in jail and a maximum of 15 years imprisonment. There are also monetary fines related to such a convictions and these fines range from a minimum of $5,000 to a maximum of $10,000. § 31-27-2.2

Driving under the influence of liquor or drugs, resulting in death: http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-27/31-27-2.2.HTM

§. 31-27-1 Driving so as to endanger, resulting in death http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-27/31-27-1.HTM

Right to Obtain a New Personal Injury Lawyer in RI

If you are unhappy with your RI automobile accident legal representation, you have the right to obtain a new lawyer at any time. Your Prior RI slip and fall or accident lawyer must turn over the entire legal file to the new attorney. Your prior lawyer may have a statutory lien against your personal injury, premises liability or motorcycle accident case. If you obtain compensation, your prior lawyer will have a right to be paid for his or her legal services. However, you will not be required to pay the old lawyer upon obtaining a new attorney! Your new lawyer and old Rhode island Injury Attorney must share the fees received. http://www.slepkowlaw.com/new-lawyer.htm#.U4nyg2dOUa9

Leaving the scene of a collision, death resulting:

“Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her…”

Negligence Lawsuits rarely file in District Court:

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. 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..

Jurisdiction of Police to make Arrest outside town or city

In State v. Ceraso, the Rhode Island Supreme Court determined that, “In the absence of a statutory or judicially recognized exception, the authority of a local police department is limited to its own jurisdiction.” STATE v. CERASO, 812 A.2d 829 (2002), citing Page v. Staples, 13 R.I. 306 (1881). Exceptions include hot pursuit and emergency if officer requests permission.

Definition of Practice Of Law:

“11-27-2 ”Practice of law” defined. – “Practice law” as used in this chapter means the doing of any act for another person usually done by attorneys at law in the course of their profession, and, without limiting the generality of the definitions in this section, includes the following:…” http://www.rhodeislandcriminallawlawyer.com/ri-unauthorized-practice-of-law/

Right To privacy

§ 9-1-28.1 Right to privacy – Action for deprivation of right. – (a) Right to privacy created. It is the policy of this state that every person in this state shall have a right to privacy which shall be defined to include any of the following rights individually:…..”

Causes of Personal Injury Causes of action

Based on the incident or accident, a RI personal injury claim usually involves one or more of the following causes, including:

• Negligence or abuse caused by another individual or entity
• Faulty equipment
• A poorly designed product that causes injuries or death
• An unforeseen occurrence, accident, circumstance or happening

Common Personal Injury Cases in Bristol, Warwick, Cranston

Many personal injury cases are filed every year in the U.S. and in Rhode Island , with most claims based on some type of negligence that cause an intentional, unintentional or accidental injury. The most common types of personal injury claims in the United States and in the Ocean State include:

• Motor vehicle accident involving a car, truck, motorcycle, boat, semi-truck, commercial vehicle or other
• Medical malpractice
• Nursing home abuse or neglect
• Childbirth injury
• Bicycle accident
• Pedestrian accident
• Workplace injury
• Workers’ compensation
• Construction injury
• Dangerous prescription medications
• Product liability
• Slip and fall accidents
• Military personnel /armed forces injury
• Airplane accident
• Animal bites
• Libel/slander/defamation
• Environmental hazards
• Public place accident
• Premises liability
• Wrongful death
• others

Pursuing and filing a personal injury claim in RI is a way to obtain financial compensation for the negligence or intentional action of others. However, many times the accident victim does not realize the injuries they suffered were caused by another’s negligence. As a result, they can quickly become overburdened with escalating medical bills, rehabilitation costs, lost wages and other debt as they take time to heal from their injury.

Reluctance to paying upfront fees is a leading factor in choosing to avoid hiring a Woonsocket slip and fall attorney. However, East Providence personal injury attorneys typically work on contingency, meaning all fees are collected from an out-of-court settlement or an award at trial, at a percentage rate based on the outcome of the case. This means no upfront fees are necessary, and no payment to the Bristol Injury attorney is due if no financial compensation is obtained.

Insurance companies take advantage of unrepresented claimants

Often times, insurance companies will go to great length to refuse paying victims suffering injuries. When the insurance carrier is willing to provide a settlement, the victim is often outmatched with claims adjusters who negotiates settlements every day. A reputable RI personal Injury attorney can offer valuable negotiation skills to their client. Their experience will ensure that the settlement fairly compensates the victim for their injuries, damages, pain and suffering. If you are seeking a Camp Lejeune lawyer, contact us.

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.

By David

Important Evidence to Win Your Tractor Trailer Accident Lawsuit

Accidents between large commercial vehicles and passenger cars often turn out very poorly for the occupants of the passenger car. Catastrophic injuries, even death, are commonplace in these types of collisions. Occupants of passenger cars in Rhode Island that survive a collision caused by a large commercial truck also face legal difficulties because these trucking crash lawsuits tend to be more complex.

Evidence Your Rhode Island Tractor Trailer crash Lawyer Will Want

It is highly inadvisable to attempt to handle a truck accident case or lawsuit yourself. There are items of evidence in a truck and car crash that you will want to get in order to have the best possible chance of a positive outcome. Some of this evidence could be irretrievably lost if it is not sought and preserved quickly.

Trucking accident RI — Tractor Trailer accident in RI

Some of the evidence your Providence truck accident attorney will want to obtain from the truck driver and/or his or her employer includes:

Rhode Island truck accident lawyer

• The company for whom the driver worked. The truck accident lawyers in RI will need to determine if the driver was an independent contractor. The Ocean State trucking wreck attorney needs to know whether multiple at-fault parties should all bear responsibility for a truck collision.
• The driver’s logbook. Federal and state laws limit how long a driver can be on-the-road in a given time period. Drivers are supposed to maintain accurate logs of the hours they are driving and the hours they are resting. A driver’s logbook that reveals violations of the legal limits on driving can be powerful evidence of negligence. A logbook that has been filled with inaccurate entries can likewise suggest the driver was driving more than he or she should have been.
• The driver’s medical card and health records. Commercial drivers must meet certain medical requirements in order to be able to drive. Drivers who meet these requirements obtain a medical clearance card and should have this card available. A driver who drives a commercial truck without being properly examined by a medical professional may be engaging in careless or reckless behavior.

Truck crash

Speak with a Rhode Island tractor trailer accident lawyer right away after a truck crash so that your RI personal injury attorney can take the necessary steps to locate and preserve this evidence for use in your truck crash lawsuit.

FALL RIVER, Mass. —“A Lakeville man is dead and a Rhode Island man is seriously injured following a serious crash involving two pickup trucks on Route 24 in Fall River, according to Massachusetts State Police. Officials say state troopers responded at about 2:30 p.m. Tuesday to reports of a crash involving three vehicles on Route 24 north at mile marker 0.8. According to investigators, a 2004 Ford F-250 that was being driven by a 28-year-old man from Tiverton, Rhode Island, on Route 24 south crossed the median into the northbound lanes and struck a 2019 Chevrolet Silverado. The reasons why the Ford crossed the median is unknown at this time. The driver of the Chevrolet, a 35-year-old Lakeville man, suffered serious injuries in the crash and pronounced dead at the scene. The driver of the Ford was taken to Rhode Island Hospital with serious injuries that are not believed to be life-threatening.” wcvb