Pedestrian Accident

Thousand of individuals in the United States and in Rhode Island and Providence Plantation are injured or killed each year in accidents occurring at parking lots. Sadly a decent percent of these mishaps result from careless, negligence or even in some instances intentional acts.

Parking lot Car accident attorney

Many of these parking lot or parking garage incidents occur when motorists are seeking parking spaces or driving in and out of the lot. Some of these injured victims will file a negligence claim or personal injury lawsuit seeking financial damages for their lost wages, personal injuries, pain and suffering caused by the parking lot accident.

Many people are searching google the following:

• parking lot accident fault both backing up

Rhode Island parking lot accident

Some of the pedestrian and vehicular accidents occur in parking lots because of the tight corners and obvious obstructions.When the lot is full, drivers have limited visibility and restricted mobility. In some scenarios, unique layouts of parking lots in Rhode Island  and Providence Plantations cause hazardous traffic patterns for drivers, truckers, bicyclists, motorcyclists and pedestrians. Many parking lot or parking garage accidents are also pedestrian accidents when a pedestrian is hit by a motor vehicle such as a car, motorcycle, SUV, van or pickup truck.

There are two important factors that relate to many common types of parking lot collisions and crashes including:

• Was the motor vehicle Moving at the time of the Rhode Island crash? – If the  motor vehicle was moving at the time of the  vehicular accident, that driver may be responsible for any injuries, deaths or property damage.

• Is It  very obvious who had the right of way? – When two motor vehicles are  operating and moving at the time of the RI crash, one vehicle ussually has an obvious right of way. This determination is usually founded on traffic lanes and traffic patterns. However, the motorist might still be found at fault for the motor vehicle collision even if they had the right of way but were traveling too fast or failed to yield to a hazardous situation.

“A woman was killed and two male pedestrians were critically injured after a car jumped a curb and struck the three victims before hitting two other vehicles in Monterey Park on Friday, police said. The collision occurred on Garfield Avenue just north of Garvey Avenue around 8 a.m. The driver, a woman in her 70s, hit the pedestrians as they were crossing the sidewalk, according to the Monterey Park Police Department. The three individuals, two of them were thrown into and collided into the bus bench, while one individual, a female, was thrown onto the roadway,” said police Sgt. Bob Hung. The female victim was pronounced dead at the scene. Her name has not yet been released. The two other victims were transported to the hospital in critical condition, according to police.  In addition to striking three pedestrians, the SUV plowed into two other vehicles before coming to a rest near the intersection. An SUV hit a group of pedestrians, killing one and injuring two others in Monterey Park on Nov. 18, 2016. (Credit: KTLA) Witnesses said one driver involved in the multi vehicle crash ran from the scene, but the others drivers stayed”  KTLA5 Woman Dead, 2 Critically Injured After Vehicle Hits Pedestrians in Monterey Park http://ktla.com/2016/11/18/live-video-3-people-injured-after-car-crash-in-monterey-park/ 

Backing out of a parking space and got hit

The most common collisions that occur in parking lots in RI and Providence Plantations are usually based on one or both of the two specific factors listed above. These five scenarios include:

1. Simultaneously Backing Up – The common scenario where both vehicles are backing up into one another causes a high majority of parking lot accidents. Under these circumstances, neither vehicle is provided the right of way. Determining fault can be nearly impossible even with eyewitness accounts.

2. Pulling Forward Out Of a Parking Space – Striking a vehicle while pulling forward from a parked position usually places that driver at fault for the accident. This is because vehicles moving in a parking lot traffic lane are given the right of way.

3. Backing out and into Oncoming Traffic – Any moving vehicle in a parking lot traffic lane is afforded the right of way to any other vehicle backing out from a parked position. backing out of a parking space and got hit

4. Vying to Park in the Same Space – Attempting to find a parking space during crowded times often increases the chance of being involved in a vehicle accident. This is especially true when two drivers compete for the same space and collide into one another. Usually, the motorists crossing the path of the other driver is more at fault for the accident. However, litigating these types of claims for compensation can be difficult.

5. Backing up to Avoid Oncoming Traffic – In this scenario, the vehicle backing up is the only one moving. These accidents occur when the driver in front stops too far into oncoming traffic at a parking lot stop sign then quickly backs up without looking while striking the front of the car behind them.

Seeking Compensation for a parking lot accident in Rhode Island (RI)

• parking lot accident fault both backing up

In the event of an accident, the Police should be notified  to write an accident report for nearly all parking lot accidents in RI. It is the duty of all motorists involved in a parking lot accident to exchange valuable personal information including driver’s license numbers, vehicle registration numbers, insurance policy numbers and contact info. Additionally, the contact information should also be collected from every eye witness. These steps will make it significantly easier to determine which party is at fault when filing a lawsuit or claim for financial compensation.

Generally, hiring a RI personal injury lawyer, a Rhode Island auto accident lawyer or a Providence RI  car crash attorney can help resolve the case to ensure you receive the most recompense for your expenses and losses associated with the parking lot wreck. These losses could include property damage, medical bills and lost time away from work. Usually, a reputable East Providence personal injury law firm or RI pedestrian accident lawyers accept these cases on contingency. This means that you can receive legal counsel, advice and representation to handle the claim without paying any upfront fees.

When we think of pedestrian accidents in winter weather, we typically think of slipping and falling on snow and ice. Don’t forget about pedestrian accidents involving motorists too. Motorists need to take extra care and caution during winter weather. Shorter days, darkness, decreased visibility and snow storms increase the likelihood of a car, truck or SUV accident with a pedestrian.

Slip and falls

These accidents can happen outside or inside of a business or home. We usually think of slip and falls occurring in parking lots or on sidewalks, but the elements are often blown in or tracked in. Slip and falls in RI happen everywhere. Snowflakes outside turn into water inside, particularly around commercial interior entrances where heavy customer traffic brings the winter weather in with it. Owners of commercial property must use due care and caution for the safety of their customers.

Motor vehicles and pedestrians

The primary factor that distinguishes motor vehicles collisions with pedestrians and slip and fall cases is visibility. When visibility is an issue, the ordinary operation of a motor vehicle is influenced by winter elements. “White out” conditions with high winds and blowing snow operate to magnify the visibility issue. When put into the equation with significantly increased stopping distances created by snow and ice, lack of visibility can make winter driving much more dangerous for both motorists and pedestrians.

The law of negligence

Whether it’s a slip and fall on snow and ice or a motor vehicle accident with a pedestrian, a determination of fault has to be made. In these types of cases, fault is determined by the law of negligence. If a person fails to use due care and caution for the safety of others, they can be held negligent and liable for damages. In order to prove negligence, you’re required to show:
• A duty
• A breach of that duty
• That the breach of duty caused the accident and injuries
• Damages

If a person claiming negligence and injury can’t prove each and every one of those elements, their case is going to fail in its entirety. They might also be held to be comparatively negligent where the percentage of the negligence attributable to him or her is deducted from the full value of their settlement or award.

Negligence cases involve complicated litigation strategies. Only a knowledgeable and experienced Rhode Island personal injury lawyer can competently litigate these cases. Contact our RI law office for a free consultation and case evaluation.

The Union leader reported: “HAMPSTEAD — Police say they have no plans to bring charges against a Derry teen whose Jeep struck and killed a woman when she got out of her car to make a call after sliding off Stage Road in a snowstorm Tuesday night. There was certainly no criminal intent. It was an accident,” police Lt. John Frazier said. Lori Dawe, 31, of Derry, died at the scene of the accident near the intersection of Stage and Cambridge roads. Frazier said the accident happened on a section of roadway that’s often a trouble spot during winter weather conditions.” Union Leader 

According to police, Dawe was driving a 2009 Chevy Cobalt southbound on Stage Road in the area approaching the intersection of Cambridge Road Tuesday night when her car slid on the ice- and snow-covered road.

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.

Statistics obtained from emergency rooms indicate that texting while walking accidents are on the rise in Rhode Island and Across the United States. For a decade or more, texting while driving was known to be highly dangerous behavior that could cause accidents with serious injuries and deaths. However, in recent years, texting while walking has proven to be dangerous too.

Texting and walking distraction

Texting while walking can be just as deadly as drunk driving, texting while driving and operating a vehicle while distracted. Some studies show texting while walking pedestrians take on average more than two additional seconds to cross the road at an intersection compared to others not using electronic devices. But what steps can be taken to stop individuals from listening to music on their cell phone, constantly conversing with others on their smart phone, reading text messages and emails or sending text to others while walking?

A Rhode Island car accident lawyer or Providence pedestrian accident lawyers can help you get the compensation you deserve as a result of a RI pedestrian accident. Make sure you seek out an experienced and qualified Rhode Island personal injury attorney or Providence pedestrian accident lawyer.

In recent years, society has become highly addicted to numerous electronic devices. Enforcing a ban on using cell phones on streets and sidewalks would likely prove fruitless where those that could do themselves and others harm with simply choose to rebel. Some states, including Nevada, have attempted and failed to pass serious laws making it illegal to cross streets while texting.

A Serious Problem in Rhode Island and Providence Plantations and Across the United States. Each year across the United States, vehicle / pedestrian accidents cause more than 60,000 injuries and 4000 deaths in the U.S. Vehicles traveling at low speed can still cause a significant devastating injury when hitting a pedestrian that has no type of protection.

In addition, pedestrian distracted by electronic devices can suffer injuries from other incidences including slips and falls, and walking into walls, street poles and other stationary objects. Texting and reading while walking affects the individual’s capacity to stay balanced when moving. Pedestrians can haphazardly walk into the road into the pathway of oncoming motor vehicle traffic or step into potholes or off curves causing serious injury.

Walking and texting at the same time impairs the pedestrian in three specific ways including visual distractions, manual distractions and cognitive (intellectual reasoning) distractions. This trifecta of significant impairment creates a serious problem, especially in large communities with busy streets and crowded sidewalks.

Distractions and the Human Brain – distracted texting while walking

With the ability to chew gum and walk at the same time, most of us believe that we can walk and perform other activities simultaneously without any problem at all. However, pedestrians in Rhode Island typically bend their head when concentrating and focusing on their smart phone when walking. By nature, the human brain is not adequately wired to deal with simultaneous distractions with any great ease.

The temporal and spatial parameter changes caused by visual and mental distractions produce a slow gait and unsure steps while walking. This behavior increases the pedestrian’s chance of being struck by cars, trucks , motorcycles or motor vehicles while in the road which could cause significantly far worse injuries to themselves. These injuries could include TBI (traumatic brain injury), fractured bones, damage to internal organs and other harm when their body strikes the windshield of the vehicle. In addition to suffering their own injuries, pedestrians choosing to text, read email or be distracted while on their electronic devices often harm others.

The natural inclination of drivers to swerve away from pedestrians appearing unexpectedly in the roadway can cause catastrophic consequences. While the life and safety of the pedestrian might be protected in this type of accident, the health of motorists, passengers, bicyclists and others are often not spared.

Traditional cell phones, new smart phone technology end innovative electronic devices have proven to be highly effective at managing our daily lives. However, we often ignore the serious dangers and hazards each one can pose. Redirecting our attention and blinding ourselves to the world around us is a real and measurable phenomenon that can diminish our safety and the safety of others within close proximity.

If you were injured in a car accident, motorcycle crash, automobile (auto) or other motor vehicle wreck then contact a Rhode Island pedestrian accident lawyer or a RI personal injury attorney. If a pedestrian was killed in a fatal car or motor vehicle wreck then the family of the person who died in the crash must seek out RI wrongful death attorneys to pursue wrongful death litigation in Providence Superior Court.

In recent years, there has been a significant increase in injury claims and wrongful death lawsuits concerning pedestrians hit by motor vehicles such as trucks, cars, motorcycles and vans. In many cases, the pedestrian accident occurred because of driver negligence when the motorist did not take necessary precautions. If you were injured in a pedestrian accident contact a pedestrian accident attorney in RI.

Caution when pedestrians in area

By law, drivers in Rhode Island and across the U.S. are responsible for slowing down and preparing to stop as quickly as necessary to handle any situation where individuals are gathered or walking by the roadway. This is especially true under adverse weather conditions in Rhode Island, at night or in situations where vision is obscured. The law in numerous states demands that drivers of automobiles and motor vehicles yield to pedestrians walking, slowing or stopping by the roadway or intersections to minimize the potential of danger.

Common Pedestrian Accidents and car accidents

In 2012, more than 4700 pedestrians in the U.S. lost their lives in traffic accidents, and more than 75,000 suffered serious injuries. Young children and older adults in Rhode island and Providence Plantations tend to be at greatest risk of being injured while walking near roadways, on sidewalks and through intersections. The 10 most common types of pedestrian accidents with motor vehicles and cars in RI and across the world involve:

1. Driving While Distracted – Any motorist, motorcyclist or trucker talking on a cell phone, texting, drinking beverages, consuming food or speaking to passengers can easily become distracted and unexpectedly strike a pedestrian.

2. Speeding – Traveling too fast sometimes diminishes visibility and capacity to take immediate evasive action if a pedestrian is in the way.

3. Disobeying Signals and Traffic Signs – Pedestrians can be hit any time a Rhode Island driver disobeys a traffic signal or signage by driving through stop signs, red lights or failing to yield to those crossing the street in a designated crosswalk.

4. Failure to Yield – In many situations, the pedestrian has the right of way at intersections and sections on the road specifically marked for crossing. A failure to yield to a pedestrian causes many Providence, Pawtucket and Woonsocket accidents with injuries and death every year.

5. Driving While Impaired – Operating a motor vehicle in Rhode island, Warwick, Cranston or newport while intoxicated or under the influence of drugs (DUI/ DWI) can significantly diminish the driver’s ability to avoid hitting a pedestrian.

6. Hazardous Traffic or Weather Conditions – Any condition that obscures the RI motorist’s ability to see their environment increases the potential of accidents, including those involving pedestrians.

7. Failure to Signal When Turning – It is essential that motorists signal every time they make a turn on a side street, at an intersection or into a driveway. Failing to signal often causes confusion, especially to bicyclists and pedestrians in Rhode Island attempting to use a crosswalk.

8. Vehicle Defect or Malfunction – Malfunctioning brakes, defective tires and substandard auto parts can cause serious issues on the roadway. Any type of vehicle equipment failure can make it more difficult for the driver to maintain safety on the road.

9. Poorly Maintained Rhode Island and Providence Roads – Potholes, road construction and poorly designed roadways are one of leading factors of many RI pedestrian accidents. This includes pedestrians walking along busy streets or on high-speed roads.

10. Jaywalking – When a pedestrian crosses the roadway at an angle to the street or at a point not specifically marked a crosswalk, they are considered to be “jaywalking.” This type of behavior can be very confusing to a driver in Rhode Island, Barrington, Bristol and Warren, especially if the pedestrian appears unexpectedly.

Providence pedestrian death

Nearly all East Providence and Rhode Island pedestrian injuries happen at the point of impact or when flung against a hard object or the ground. Injured individuals hit by a vehicle suffer various injuries including bone fractures, sprain or torn ligaments, head trauma, spinal cord injury, contusions, lacerations, abrasions, blood clots and bruising.

Filing a Compensation Claim in Newport Superior Court

In almost every case, a pedestrian hit by a motor vehicle has the legal right to file a claim or lawsuit in Providence or Newport Superior Court for compensation against the driver at fault for the RI accident. This is because all drivers have a responsibility of care to operate their vehicle safely. However, these types of cases are complex and often require the skills of a competent Rhode Island personal injury attorney to handle the case. Make sure the personal injury lawyer in RI is also a Rhode Island pedestrian accident attorney. A Rhode Island pedestrian accident lawyer will have the requisite experience to handle the intricacies of a RI pedestrian car crash.

If a spouse, friend loved one or child is killed in a deadly / fatal pedestrian accident then it is important that your Rhode Island personal injury lawyer is also a RI wrongful death attorney. A Providence wrongful death lawyer with experience in fatal truck, motorcycle and bicycle collisions can help the estate get the compensation it deserves as a result of the death.