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RI New Years Eve Drunk Driving Accident Injured Victim Attorney

A New Years Eve car accident attorney authors this article about New Years auto accidents. Car accidents are on the rise in the United States. According to the National Highway Traffic Safety Administration, 36 traffic fatalities occurred every day from 2001 to 2005.

new-years-accident
New years Eve car accident causing injury

However, over the New Years  Eve. holiday those statistics jumped to 54 each day, proving the holiday is the most dangerous time of year to be on the road. The following is an overview of how a Rhode Island personal injury lawyer or a RI auto accident attorney may be able to help if you or someone you love has been injured due to the negligence of a drunk driver.

New Years Eve Drunk Driving Accident Injury Attorney

If you have been injured in a motorcycle accident, car, truck or SUV accident on new years eve caused by an impaired driver, you have the right to file a lawsuit and request compensation for your injuries. This lawsuit is filed in civil court, which is different than the criminal proceedings the driver may face. Below are some types of damages you may be able to receive compensation for in a Rhode Island and Providence Plantations personal injury claim:

• Hospital Costs
• Medical Bills / pain and suffering
• Therapy Fees
• Alternate Transportation Costs
• Vehicle Repair Cost
• Loss Of Income
• Future Lost Income If You Are Permanently Disabled

You may also be entitled to punitive damages from the drunk driver as a result of a new years eve drunk driving accident. Punitive damages are awarded to victims to punish the tortfeasor, so hopefully they won’t drive under the influence of alcohol again.

Punitive damages laws in Rhode Island

“Recently, in Murphy v. United Steelworkers of America, 507 A.2d 1342, 1346 (R.I. 1986), this court emphasized that punitive damages are not awarded as compensation for the plaintiff but in order to punish the offender and to deter future misconduct. Again, we have also emphasized that one seeking punitive damages is required to produce “`evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, that for the good of society and warning to the individual, ought to be punishedd.'” Morin v. Aetna Casualty and Surety Co., 478 A.2d 964, 967 (R.I. 1984).” 533 A.2d 541 (1987) Mary M. ALLEN, et al. v. Robert L. SIMMONS, et al. No. 85-542-Appeal. Supreme Court of Rhode Island. November 23, 1987. 542*542 Raymond A. LaFazia, Netti C. Vogel, Gunning, LaFazia & Gnys, Inc., Providence, for plaintiffs. Paul V. Reynolds, Boyer, Reynolds & DeMarco, Providence, for defendants. OPINION KELLEHER, Justice.

Proving Negligence in a motor vehicle intoxicated and drunk motorist wreck

When someone gets behind the wheel after drinking too much, they are acting in a reckless and negligent manner. This is usually enough to merit a civil settlement for your expenses. However, you must be able to prove that your injuries were caused by the driver in the accident. A Warwick personal injury attorney can speak with your doctors and medical experts to help prove the extent of your injuries.

Social host law

“Under the so-called “social host” law that was enacted in 2006, adults who allow underage drinking parties to be held in their homes can face criminal charges. That law added language to existing statute that enhanced the ability of law enforcement to charge adults who provide alcohol to minors. However, the Barrington incident uncovered a flaw in the new law. Police said that while they proceeded with action against the youths they encountered, they held off from charging the owner of the home because the underage drinking occurred not inside the home, but rather in the yard. Police were advised by the office of the Attorney General that, as a result, charges against the adult homeowners could not be sustained. The legislation approved by the General Assembly – sponsored by Rep. Jan P. Malik (D-Dist. 67, Barrington, Warren) and Sen. Walter S. Felag Jr. (D-Dist. 10, Warren, Bristol, Tiverton) — addresses that issue by extending the reach of the law to make adults liable for underage drinking anywhere on their property, not just within the confines of a house.” Insurance  Journal  https://www.insurancejournal.com/news/east/2008/07/23/92106.htm

  • holiday drunk driving statistics
  • what time of day do most car accidents happen?
  • what day of the year has the most car accidents

How an injury Lawyer can Help

Personal injury laws in Rhode Island regarding drunk driving accidents are complex and the legal process is difficult to navigate. Hiring an experienced Cranston or East Providence personal injury lawyer to guide you through this process will help ease your mind during this difficult time. In addition, it is very important that your expenses and lost wages be calculated correctly so you receive the best settlement possible. Your Barrington, Bristol or Warren RI lawyer has experience making these calculations, increasing your chances of getting the most money for your injuries.

If you have been hurt by a drunk driver, schedule an appointment with a Rhode Island personal injury lawyer for advice. Your RI injury attorney will go over your case and advise you in the best way to move forward. Having an experienced and competent Pawtucket or Woonsocket negligence car collision injury attorney on your side can help make the entire process easier.

https://www.bactrack.com/blogs/expert-center/35042821-the-most-dangerous-times-on-the-road

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Rhode Island Van Accident Lawyer | RI Bus Accident Attorneys

Rhode Island bus accident lawyer
RI van accident attorneys

When there are trucks and/or motorcycles involved in a van accident, the chances that injuries are serious is exponentially higher. Rhode Island is considered a “fault” insurance state. This is going to play a vital role in who pays for what when there is an accident. In Rhode Island, the person who is legally determined for being at-fault for the bus accident  or van crash is responsible for all damages and injuries.

Rhode Island van accident lawyer

In the event that the driver is operating a van with the express or implied permission then the owner of the vehicle may also be liable for the crash.  This will usually involve the insurance policy of the van driver and/ or owner kicking in to cover medical bills, lost wages and compensation for pain and suffering. The owner of a stolen van is not liable for the negligence of  the criminal operator.

Bus collision in RI

The people who are considered victims in the accident will need to file a claim with the car insurance company of the person who was at fault for the car collision. In the event that the other motorist has no insurance or is under insured then the injured person must file through their own carrier. In Rhode Island, it is crucial that all automobile owners have the right amount of coverage for any potential claims. Motorcycles (bikes) can be defined as a two-wheeled vehicle and can include a moped or motor scooter.

Negligence cause of action

Should the motorcycle driver be the one that is at fault, the coverage levels may not be enough to cover the damages and injuries that result. The insurance company is only legally obligated to pay the policy limits. If the judgment after the Rhode Island Superior Court Negligence Trial, exceeds the insurance coverage maximum then the negligent party could be responsible to pay the remainder of damages. When it comes to trucks, there are standard pickup trucks as well as commercial Tractor Trailer (semi) trucks. Some drivers may have insurance through their companies. Commercial drivers must have a commercial driver’s license and be compliant with federal and state regulations in the state as well.

Bus accident in Rhode Island

There are always special considerations in auto accidents when vans and buses are involved. Anyone who is involved in a bus accident needs to phone the police to ensure they arrive at the scene. This is done not only to ensure that everyone is alright but also to ensure that a person is deemed “at fault” at the scene to avoid a long and drawn out investigative process that can slow down the process of being reimbursed for vehicle damage as well as personal injuries.

Rhode Island bus accident lawyer

Once someone is labeled as being at fault then the issue becomes the amount of compensation and nature of injuries. Everyone always has the right to get an attorney to file a lawsuit as well. Depending on the amount of damage and the amount of insurance coverage that one has, this can be the best option available to someone from the accident.

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Elderly Drivers Causing Car Accident Attorneys | Slepkow Law

It is a fact of life that elderly drivers and senior citizens are more prone to accidents in Rhode Island. Car accidents are a fact of life, occurring every day without warning. While anyone can be involved in a car accident, the odds increase as we age.

Elderly accident in RI

The Center For Disease Control or CDC, in 2014  determined that 5,700 older adults were killed and over 200,000 were treated in emergency rooms across the United States after car accidents. Because these numbers are high, many states have began tracking accident statistics in various age groups. Below is an overview of Rhode Island’s aging road and accident statistics.

Accidents In The U.S. Involving Aging / Elderly Drivers

In the United States, millions of aging drivers and senior citizens navigate the highways in an effort to arrive at their destination. Unfortunately, accidents in this age group are high. Fatal automobile crashes statistics in the United States are as follows:

  • 2,614 In 2010
  • 2,457 In 2011
  • 2,470 In 2012
  • 2,500 In 2013

Fatal Accidents In The U.S.- Elderly Drivers

Fatal auto accidents in the U.S. among drivers ages 75  (the elderly) and older are:

  • 2,129 In 2010
  • 2,012 In 2011
  • 1,988 In 2012
  • 2,005 In 2013

“There are 31 Rhode Island residents 100 to 104 years old who still have driver’s licenses. Twenty percent of the state’s 763,844 drivers are 65 and older — six of them for every driver under the age of 19. Sally Strachan, DMV’s administrator from 2008 to 2011 and a previous consultant in the state’s elderly affairs and health services divisions, says the population is aging and there are many issues that “come along with that.” https://www.providencejournal.com/article/20160507/NEWS/160509516

Accidents In Rhode Island Involving Senior Citizens

Below are the accident statistics for the state of Rhode Island, taken among  Elderly drivers ages 75 and older who were killed in fatal crashes:

  • 4 In 2010
  • 5 In 2011
  • 5 In 2012
  • 11 In 2013

AAA study about the affects of driving cessation

“A 2015 study by the AAA Foundation for Traffic Safety found that driving cessation in older adults “appears to contribute to a variety of health problems, particularly depression.”

Key findings include that the end of driving correlated with an almost doubled risk of increased depressive symptoms in older adults and reduction by 51 percent the size of their social networks. Former drivers were nearly five times as likely as current drivers to be admitted to long-term care facilities.” Projo 

Risk Groups

The risk of fatal accidents begin to rise among drivers who are between the ages of 70 and 74, states the Center For Disease Control or CDC. The highest number of fatal car crashes are in people over 85 years of age. It is believed to be due to the increased risk of medical complications in those over 85 years old, which often occur while driving. No matter which age group was studied, men are more likely to die as a result of a car accident than females, and the aging driver group is no exception.

When aging drivers drive

Aging drivers have the lowest risk of any age group for driving while intoxicated. In addition, these drivers also tend to drive when conditions are safest for them and often avoid driving late at night, during foul weather or at high rates of speed.

Prevention is the key to reducing the number of fatal and serious car accidents among the elderly. Older drivers in the United States. Aging drivers and senior citizens now have more options available to them such as Lyft or Uber, if they feel they should not drive.

Does RI suspend elderly drivers license?

“The DMV rarely suspends driver’s licenses for age-related reasons, the agency’s records show. The division, says administrator Walter R. Craddock, is “fully aware of the important role a driver’s license plays in the lives of many Rhode Islanders. A license helps people hold jobs, attend religious services, volunteer, stay connected to family and friends — in short, provides the independence that helps people thrive in their daily lives.

“With guidance from the Medical Advisory Board, the DMV in rare instances takes the action necessary to protect the public — and license holders themselves — from potential harm.”

Its Medical Advisory Board members are appointed by the governor, and Strachan serves as the “public member representing the elderly.”

Various medical conditions unrelated to age

All of the cases so far in 2016 — 12 through mid-April — involve a license holder charged multiple times with driving under the influence, or people with various medical conditions unrelated to age.” Projo article

“However, a 2012 NTSB report that studied wrong-way collisions in 12 states including Virginia dating back to 1962 found elderly drivers caused a disproportionate share of the wrecks. Of 1,557 wrong-way fatal crashes on divided highways nationally between 2004-09, drivers over age 70 were responsible for about 15%. Winchester star

Fatal wrong-way collisions

“Right-way drivers over the age of 70 represent less than 3% of all right-way drivers involved in fatal wrong-way collisions, while wrong-way drivers over the age of 70 account for about 15% of the wrong-way drivers involved in such collisions,” the report said. “Even without considering the accelerating rates of disease and pathology – and of particular concern to driving, dementia – that are evidenced in older persons, at some point, most older persons are likely to experience an impairing condition serious enough to significantly elevate their risk of accident. The Centers for Disease Control and Prevention said there were 45 million drivers nationally 65 or older in 2018, a 60% increase since 2000. The NTSB report estimated about 20% of drivers in the U.S. will be 65 or older by 2025 and said the number of elderly drivers is rising. In 2000, 74% of people 70 or older were licensed. By 2009, it was 84%. The report referenced National Highway Traffic Safety Administration guidelines for older drivers, which include improved roadway design and medical reviews of at-risk drivers.” Id.

Rhode Island personal injury attorney, David Slepkow is a Partner at Slepkow Slepkow & Associates, Inc established in 1932.  David is also a RI car accident lawyer who will help you get the justice you deserve as a result of your RI motor vehicle crash.

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Avoid “Settlement Mills” | Lawyers with Slick TV Ads

Do not select a personal injury lawyer solely based on a slick and expensive television advertisement.  Providence personal injury attorneys who are television promoters and TV personalities are often the leader of  “personal  injury settlement mills.” A personal injury law firm mill in RI will quickly process car accident claims often to the detriment of their clients.

AVOID: Settlement Mills

inury-law-firm-settlement-mills
Injury Settlement Mills

50 cents on the dollar

These  law firm are often known to take up to 50 cents on the dollar from the insurance company so they can move on to the next case. For these shady law firms, a case is just another product on the conveyor belt. When the insurance company refuses to play ball with the settlement mill and settle the claim quickly, these Rhode Island personal injury lawyers run for the hills and dump the case on another unsuspecting top RI injury attorney.

Lawyers afraid to got to trial

These settlement mill attorneys are afraid to take the insurance company to the woodshed and go to trial. They have no car accident and injury trial experience and just want to move cases as quickly as possible to make a quick buck.

“Settlement mill lawyers are experts at one thing – settling your case quickly to line their own pockets instead of fighting for the compensation that injured victims deserve. Settlement mill law offices are organized to benefit lawyers and insurance companies while the seriously injured can be left with much less than they need to recover and live with their injuries” The dangers of settlement mill lawyers

What is an injury law firm “settlement mill”

“A settlement mill is a law firm that handles a high volume of cases, usually specializing exclusively in a certain niche like car accident cases. These law firms, relying mainly on paralegals and administrative assistants, settle an astounding number of cases. In short, they focus on quantity and not quality. They aren’t interested in trying cases because, with the volume of cases that they have, there’s just no time for jury trials.” Why You Should Steer Clear Of A “Settlement Mill” If You Have A Serious Car Accident Case And Tips On How To Spot One Boston car accident lawyers at  The Law Office of Alan H. Crede, P.C.  Boston Blog

According to Dolman Law Group, ” A personal injury settlement mill is a high volume law practice that attempts to mass produce the settlement of injury claims while utilizing aggressive advertising campaigns in an effort to obtain clients. Settlement mills litigate a disproportionate amount of their cases and take very few cases to trial.” Dolman law 

Beware of the Bait and switch

Some settlement mill injury lawyers will say whatever needs to be said in order to secure an injured car accident victim. The unscrupulous RI car accident mill lawyer will tell the injured victim what he or she want to hear regardless of the truth. Once the auto crash victim has signed on the dotted line, the injury lawyer will reset expectations and pressure the victim to settle quickly.

Why insurance companies prefer law firm settlement mills?

An insurance adjuster gleefully smirks as another phone call comes in from a television advertising injury law firm settlement mill.  Make no mistake, big insurance is a bottom line business in which insurance companies profit if they can settle legitimate claims for peanuts. Since litigating a case is expensive, insurance adjusters would rather throw a pennies on the dollar settlement to their ‘frenemies’ at the settlement mill then litigate the claim. This is a win-win for the insurance company and for the settlement mill law firm. The real loser is the client who just got their lunch money stolen.

Without any intention of taking cases to trial

“Settlement mills are law firms who represent clients without any intention of taking cases to trial. The easiest way to take their 33% from injured clients’ compensation is to settle cases early and often. If you encounter a firm that advertises quick and easy settlements and has no successful trial record, you are most likely dealing with a settlement mill. These lawyers are typically interested in soft tissue damage cases, such as whiplash, because they are easy to settle with the insurance company.” Lawfirms.com

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court, sitting in Providence RI, 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.

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Smart Phone Use and Accident Stats | Cell Phone Distraction

Accidents due to distracted drivers using smart phones are becoming increasingly problematic, throughout the United States.  There are a variety of things that can lead to driver distraction and that often has tragic results.

smart phone accident
Smart Phone distracted accident

Cell phone distraction

According to the Center For Disease Control or CDC, more than 8 people die and 1,161 are hurt due to distracted drivers. The following is an overview of distracted driving and cell phone use statistics and what you should know to stay safe.

Types Of Distraction

When we get in our cars, our primary concern should be operating our vehicles safely. Unfortunately, many people forget this and drive while doing other things. The most common types of driver distraction that lead to accidents involving vehicles, motorcycles, large trucks, bicycles and pedestrians are:

  • Texting On A Cell Phone
  • Eating
  • Grooming Such As Hair Brushing
  • Reading Maps Or GPS Navigation
  • Talking On A Cell Phone
  • Adjusting The CD Player Or Radio In The Car
  • Applying Makeup
  • Talking To Vehicle Occupants
  • Watching Videos On A Cell Phone

Driving And Cell Phone Use

Texting and driving is the most dangerous type of distracted driving. Because it requires manual, cognitive and visual ability and attention it poses the biggest threat. The CDC states that drivers going 55 MPH while they are texting, take their eyes off the road long enough to travel the entire distance of a football field. Some interesting cell phone use and driving statistics are:

  • Drivers Younger Than 20 Have The Highest Rate Of Fatal Distracted Driving Crashes
  • 38 Percent Of All Distracted Drivers Had Been Using A Cell Phone At The Time Of The Crash
  • 53 Percent Of All Adults Who Own Cell Phones Have Had A Distracted Incident While Walking

Prevention

Many states in the U.S. have made it against the law to talk on a cell phone or text and drive. Those who hold a commercial drivers license or CDL, will face serious consequences if they are caught using a cell phone while operating a large commercial vehicle or carrying hazardous materials.

Distracted driving is reaching epidemic proportions in the U.S. If you have been injured in an accident due to the negligence of a distracted driver, it may benefit you to speak with a personal injury attorney for advice.

https://www.cdc.gov/motorvehiclesafety/distracted_driving/

https://www.distraction.gov/stats-research-laws/facts-and-statistics.html

  • “9-Number of Americans killed every day from motor vehicle accidents that involved distracted driving, such as using a cellphone, texting or eating.
  • 1 in 4 The probability that a motor vehicle crash involved a cellphone.
  • 40% The percentage of teens who say they have been a passenger in a car whose driver used a cellphone in a way that put them in danger.
  • 33% The percentage of U.S. drivers ages 18 to 64 who reported reading or writing text messages while driving in the previous month. In comparison, only 15 percent of drivers from Spain reported texting while driving in the same period. 341,000 Number of motor vehicle crashes in 2013 that involved texting.
  • 4X How much using a cellphone while driving increases the risk of a crash.  Huffington post  

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Rhode Island Reckless Driving Injury Lawyer | Slepkow Law

Rhode Island reckless driving accident
Reckless driving accident in RI

A resident of Rhode Island is charged with  reckless driving causing a serious car wreck pileup in Fairfield, Connecticut. This alleged scofflaw was allegedly speeding and weaving in an out of traffic. He hit another motor vehicle which flipped over a few times. News 12 Connecticut reported that Fairfeld Fire Chief stated, “They had their seat belts on and that really, really saved them. The car rolled about three times,”  CT news 

Reckless driving accident in Rhode Island

The Rhode Island Man was charged with reckless driving as a result of his out of control driving. All total, 9 motor vehicles were involved in this crash.  Some injured persons were treated at the scene of the car accident. Three people suffered personal injury in this accident. This  reckless driving car crash caused massive traffic delays.

Multi vehicle crash in RI

This  Multi-Vehicle accident was not the only pileup in the New England in the recent past. The NY daily news reports that “Police say some 65 cars and three tractor trailers skidded on the icy highway before 7 am Sunday morning, sending 35 to 40 people to hospitals. Two were injured seriously. The crash scene stretched out 1,500 feet.”

Coincidentally, Connecticut Media Group reports that another Rhode Island(RI)  resident was injured in CT: “One of the incidents involved a tractor-trailer that clipped a Ford Focus being driven by a Lincoln. R.I. man, sending into the Jersey barrier and then fled the scene. David P. Johnson, the driver of the Ford, was not injured in the 12:33 a.m. crash, officials said. His car careened into the barrier and struck it on the passenger side. Johnson was alone in the car, according to the report. The tractor-trailer moved from the left center into the left lane, where it struck the Rhode Island man’s car. CT News If you are injured in a Rhode Island reckless driving auto accident then please contact Rhode Island Reckless driving Personal Injury Attorney David Slepkow 401-437-1100