Rear-end auto accident

Rear-end Motor Vehicle Accident Lawyer | Slepkow Law

As more vehicles are on the road today, more rear-end car accidents have been the result. One of the most common is rear-end collisions, which account for almost 29 percent of all motor vehicle crashes. Based on data from the Federal Highway Administration, most of these accidents occur when the car in front is driving as much as 10 miles per hour slower than the car which initiates the collision.

Rear End Motor Vehicle accident

This data, found at http://www.safety.fhwa.dot.gov/ shows just how prevalent these crashes are in the United States. For those who have been victims of these car, truck and vehicular accidents, retaining a Rhode Island personal injury lawyer may allow them to force those responsible to admit negligence and provide financial compensation. An East Providence rear-end accident injury attorney can make or break your injury cause of action.

Accident Statistics

Rhode Island rear-end crash — rear-end-car-crash

In many car accidents, drivers who rear-end the vehicles in front of them have been distracted due to numerous activities such as texting while driving.

Most states such as Rhode Island and Providence Plantations having laws against texting or talking on cellphones while driving. Many drivers choose to ignore these laws and instead do as they please behind the wheel. Unfortunately, in doing so they put others on the road at risk, resulting in many unnecessary injuries year after year. When these car accidents happen, victims can suffer from a number of injuries such as whiplash, broken bones / fractures, torn ligaments, and other injuries. If this happens, a RI personal injury lawyer can assess the situation and offer advice on whether a victim has a case that needs to be pursued.

Rhode Island accident attorney

According to data from the website http://www.nhtsa.gov/Driving+Safety, it’s estimated that as many as 439 rear-end crashes could be prevented if drivers would put down their cell phones and instead concentrate on what’s ahead of them on the road. But despite the laws, drivers continue to have rear-end collisions daily due to negligence behind the wheel.

Insurance companies often blame injured victim

However, in many of these accidents, insurance companies for those drivers who committed rear-end collisions often attempt to place blame on the victim. Using high-pressure tactics to intimidate victims into taking a settlement that does not begin to fully compensate them for their injuries, the results can often be very unfair to victims who need adequate compensation for their injuries. Rather than let this happen, numerous victims turn to Rhode Island personal injury attorneys to provide guidance through these tough times. While there are no guarantees in cases such as these, victims who speak with attorneys or injury lawyers put themselves in much more favorable positions to gain the financial compensation to help with their injuries.

Many people have questions about what happens to your body in a rear end collision as well as the nature of rear end collision injuries. A rear end crash lawyer will help you get the rear end collision settlement that you are entitled to.

An accident in RI

A rear-end accident in RI is a serious event and should not be treated lightly. A Providence rear-end accident injury lawyer will fight the insurance company Rhode Island personal injury attorneys will pursue top compensation as a result of your Providence rear-end accident.

Rear-end car accidents in Rhode Island can be especially harmful due to the direct impact to the vehicle involved with such collisions. Injuries and damage to vehicles can range from minor to extensive depending on the force of the impact. Consider the following stats: There are approximately 2 million rear-end accidents each year in the United States, according to the National Transportation Safety Board. If you were injured in a RI motor vehicle accident, contact a Riverside Rhode Island personal injury lawyer. An injury from a motor vehicle crash happens in the United States every 12 seconds. Source

Rear-end collisions are the most common type of auto accident in the United States followed by single-vehicle crashes and T-bone or cross-traffic accidents.

The National Transportation Safety Board suggests automakers could take more steps to reduce rear-end accidents. The agency suggests that collision avoidance equipment become standard in all vehicles.

Injury and death from RI car accident

Nearly 2,000 people die as a result of a rear end collision each year. About 500,000 individuals are hurt annually in such accidents.A study by National Highway Traffic Safety Administration found that nearly 90 percent of rear-end vehicle accidents occurred due to driver distraction. The NHTSA estimates that more than 40 percent of the 6 million car accidents every year in the U.S. are read-end collisions.Rear-end car accidents occur roughly every eight seconds in the United States.

Injuries resulting from accident

The majority of rear-end crashes happen at speeds less than 10 miles per hour. Even so, rear-end collisions can still result in serious injuries to the back, neck and brain.Rear-end accidents are sometimes referred to as “whiplash accidents” since the sudden jarring motion may result in a neck injury.

whiplash (soft tissue injury)

One study found that the real damage from whiplash is the sudden surprise from behind when a rear-end collision occurs. Injuries from whiplash may not be evident until several days or weeks later .While rear-end collisions are fairly common, the good news is that such accidents are rarely fatal. This is because of the low speeds often involved with a rear-end vehicle accident.Costs associated with rear-end impact vehicle accidents total nearly $30 billion annually in the United States. Nearly 40 percent of spinal cord injuries are the direct result of car accidents such as a rear-end collision, making vehicle crashes the top cause of SCIs.

An injury from a motor vehicle crash happens in the United States every 12 seconds

multi-car vehicular wrecks in Rumford, RI.

In multi-car rear-end collisions in Rhode Island, the owner of the vehicle that started the chain of events is generally considered the at-fault party. If you’ve been injured in a RI rear-end vehicle accident, contact an East Providence personal injury attorney familiar with cases of this nature. For accidents where another party was involved, you may be entitled to receive compensation for current and future medical expenses and lost wages. A RI motor vehicle accident is a very serious matter and it is imperative that you get one of the best RI motor vehicle accident attorneys on your side.

The National Highway Transportation Safety Administration is making its case for forward collision avoidance systems, and there’s a good reason for it. The agency reports that about 28 percent of all motor vehicle collisions involve rear-end accidents. To put that number in perspective, about 23 percent of all crashes involve drivers losing control of their vehicles or running off the road. Less than 10 percent were caused by careless lane changes.

Contributing factors to rear-end collisions

In a perfect world, a person who is tailgating you is likely to be able to stop or slow down when you stop or slow down. It’s not a perfect world during rush hour, and it might not even be a perfect world on a Sunday drive if the driver behind you is:

Distracted with a cellular or navigational device
Driving aggressively
Fatigued
Inattentive
Driving on wet or icy pavement
Otherwise careless and negligent

accident-ri

Common injuries in rear-end tailgating collisions

Most injuries in rear-end collisions in Rhode island involve the brain, neck and spine. The force in motion of the vehicle hitting another vehicle that’s stopped results in the victim’s body being unexpectedly thrust forward while his or head stays in the same position it was in at the time of impact. For less than two seconds, the neck or cervical spine is hyperextended. The injury is commonly known as a whiplash injury.

Symptoms of hyperextension injuries | tailgating

Our bodies are all different, and the magnitude of the impact in different rear-end collisions (caused by tailgating) is certainly different too. A victim might be stopped and looking ahead or to one side or the other, but they all suffer certain common injuries that can include:

Head, neck and shoulder pain
Dizziness or cognitive issues from a concussion
Arm pain from involvement of spinal nerves originating in the neck
Decreased range of motion from injured tissue and nerves
Lower back pain and leg

Depending on a variety of factors, pain and discomfort might resolve in six weeks, or it might last a lifetime.

It’s important that rear-end collision victims in RI and MA seek treatment for their injuries immediately after an accident. For purposes of being compensated for their injuries, it’s also important that they contact a knowledgeable and experienced Rhode island personal injury attorney or RI car accident lawyer for representation. Contact a Providence personal injury lawyer for a free consultation and case evaluation. Both evidence and witnesses can disappear. begin working on obtaining compensation using an East Providence automobile or motor vehicle crash lawyer.

Every day, we hear reports of accidents on our roads. According to National Highway Traffic Safety Administration of the U.S. Department of Transportation, road accidents resulted in 37,461 fatalities in 2016. These accidents take various forms. They can be car-car collisions, car-pedestrian crashes, car-bike collisions, and others. In these accidents, the party who is responsible for the accident should compensate the other party for any damages and injuries suffered. That is why a Rhode Island personal injury lawyer fights vigorous court battles trying to reduce the liability of their clients.

Rhode Island personal injury lawyer

While proving liability in many accidents is not straightforward, there is one type of accident where fault is almost certain. This is rear end collisions. Rear end accidents involve a vehicle hitting another from behind. Traffic laws require the trailing driver to drive at a safe distance from the leading car. This is because the leading driver can make a sudden stop due to factors such as traffic jam, obstructions, and accidents. With that, the trailing driver is almost always at fault, but not entirely. Sometimes, the leading driver is partially or wholly at fault.

Establishing fault in rear end collisions

The laws of negligence are applied to determine the driver who is at fault. As earlier stated, traffic rules in the USA require the trailing driver to drive at a safe distance from the leading vehicle. The trailing driver can, therefore, be at fault for not following the rule. In some circumstances, the leading driver bears responsibility for the accident. Some of these circumstances include

When the leading driver does not move to the roadside after getting a flat tire.
If the leading driver’s brake or hazard lights were faulty.
When the leading driver suddenly cuts in front of the trailing driver and the trailing driver does not have enough time to reduce their speed.
If the leading driver is driving erratically or under the influence of drugs.
When the leading driver reverses suddenly.
When the leading driver fails to maintain sufficient speed after merging into traffic.

What is used to prove negligence in rear end collisions

To get compensation, the plaintiff must prove that the accident happened, the other party was responsible for the crash, and the accident caused damage to property or personal injury to the plaintiff. You might also be required to prove the above details when making an insurance claim. The following can be used to determine a rear end collision case.

Traffic rules: A plaintiff can show that the other driver caused the accident due to disobedience to traffic rules. For example, the law that requires the trailing driver to drive at a safe distance from the vehicle in front.

Police report: The first responding officer will usually make a report on the accident. The opinions and descriptions of the responding officers can determine the case.

Picture and video evidence: If you took pictures of the alignment of the vehicles immediately after the crash, you can present them in court or to insurers as evidence. When taking photos for evidence purposes, don’t limit yourself to the damaged parts. Other information such as the state of traffic at the time of the accident can be valuable.

Witness statements: The court can admit statements from parties who have no interest in the case.

Accident reconstruction experts: Sometimes, establishing fault in rear end accidents can be a complex process. For example, in accidents involving more than two vehicles. In such cases, accidents reconstruction experts can be consulted to help unravel how the accident happened.

Shared fault in rear end accidents

Comparative or shared negligence in rear end accidents is where both the leading and the trailing drivers showed negligence. In such a case, the liability will be split between the two drivers. The laws governing shared negligence are different depending on the state. For example, states as North Carolina, Virginia, District of Columbia, Alabama, and Maryland exercise contributory negligence while the other states apply comparative negligence.

Contributory negligence: The plaintiff cannot recover anything from the defendant if the plaintiff was partially responsible for the accident. The defendant, therefore, has an easy task of proving that the plaintiff was negligent. It does not matter how small the plaintiff’s negligence was.

Comparative fault: It can either be modified comparative negligence or pure comparative negligence. In pure comparative negligence, the liability of each driver will be directly proportional to the percentage of negligence they showed. In modified comparative negligence, the liability is still divided between the two parties but up to a specified percentage. For example, if the specified percentage in a state is 50 percent as is often the case, the defendant will not compensate the plaintiff if the plaintiff’s negligence is above 50 percent. Rhode Island is a pure comparative fault state.

What should you do if you are involved in a rear end accident

If you are involved in a rear end accident, first seek medical attention for yourself and the injured persons. You should make sure that all the injured persons are taken to a safe location. However, if there are emergency response professionals on site, don’t get too involved. After you have left the scene of the ri car accident, you should contact a Rhode Island personal injury attorney. The Rhode Island personal injury lawyer will guide you on how to answer questions from the police and insurance agents. Don’t forget to take as many pictures of the accident scene as possible. The photos can be used as evidence later.

Statistics are from:

By David

Excessive Jury Demand: Victim Demands 1M, Gets Peanuts ($4500)

Plaintiff sought damages of over $1,000,0000 in a garden variety Rhode Island Car Accident ‘whiplash’ rear-ender, but was awarded $4500 by a penny pinching jury. The trier of fact only awarded $165 for medical bill reimbursement despite the fact that testimony in the negligence cause of action was that medical treatment for the injuries amounted to $10,581.50!

Adding insult to injury, the $165 isn’t even enough to cover the Rhode Island Superior Court Filing Fee. Read The decision here: COLLEEN WOLF : VS. ANDREY MALYUTA : C.A. No. KC 10-1109 (Please note that this automobile accident case is not binding precedent on the RI Supreme Court)

RI automobile accident

(Editor’s Note: Did the Plaintiffs excessive demand in closing arguments to the Jury cause a backlash? Did the jury perceive the injured victim and her Rhode Island Personal Injury Attorney as a greedy and issue a punishment as a result? Perhaps, the jury did not buy what this victim and her tort attorney was selling, that she had real serious injuries as a result of the RI rear-end mishap.) As far as the Trial Judge was concerned, he believed that “One hundred sixty-five dollars represents a reasonable finding that only a portion of the medical expenses, as shown by affidavit, should be awarded as medical damages.”)

Testimony not credible

The judge supported the Juries belief that Plaintiff’s testimony of years of persistent pain was not credible. The trial judge agreed with that the paltry sum and determined the “outcome produced was a fair and just verdict” and that the crash was a “somewhat minor rear-end accident” and that the “minimal nature of the impact was supported by the photographs of the damage caused to the vehicles in question.” Id.

1 million was excessive

The trial justice determined that the 1 million demand was “excessive” and the modest verdict of $4500 was “more reasonable.” The Providence Superior Court Justice was dismissive of the ridiculous demand of the RI personal injury lawyer and opined that it was “not justified by the credible evidence.” The jurist noted that the Plaintiff did “yoga two times per week and ran on a regular basis.”The judge believed that the jury was reasonable in not finding plaintiff’s claim of permanent injury was not credible

Facts of rear end auto accident

In 2007, There was a rear-end automobile accident in North Kingstown, RI. The injured motorist offered medical affidavits into evidence at the injury trial. These affidavits were a combination of treating physicians as well as a treatment facility. According to the trial justice this was a standard whiplash injury that was “subjective”. The diagnosis of the Plaintiff by her medical providers was a cervical strain. There were no findings of a herniated disk or spinal cord injuries nor were there reports of a traumatic head injury. This was not a negligence trial per se since “The Defendant agreed and stipulated that he was negligent in the operation of his vehicle and that his negligence caused the accident.” The Providence Superior Court trial was about the amount of compensation / damages the auto accident victim was entitled to.

Failure to utilize ambulance

After the collision, the Plaintiff declared that she was “fine” but testified at the trial on the merits that minutes after the motor vehicle wreck she suffered headaches and swelling. The Plaintiff did not leave the scene of the auto mishap via ambulance and was not transported to the emergency room. She drove her vehicle from the scene of the crash.

Injured her left shoulder

Plaintiff testified that she injured her left shoulder and was unable to utilize it as well as general pain and suffering. The auto crash victim did not work the following day and instead visited a clinic. She was prescribed prescription medication as a result of her pain as well as prescribed a muscle relaxant. A doctor gave her a cervical collar and suggested she visit a physical therapist. “The therapist performed a therapeutic ultrasound”. She was also provided a “package of home exercises consisting primarily of stretches for her neck, shoulder and upper back.”

Maximum medical improvement

“She was also prescribed hot packs, which she testified she used three times a day. She took the prescribed muscle relaxant, but did not take the pain medication, which she attributed to her reluctance to take prescription medicine for pain. She continued to stay out of work the succeeding four days.” The trial Judge believed the jury was reasonable in deciding that the plaintiff reached maximum medical improvement in May or July 2007 and not in July of 2011 as she and her expert testified to. The victim of the crash offered no testimony as to lost wages nor was there any claim for scarring, emotional injury or leg injuries. “It would be entirely consistent with the evidence, the reasonable inferences drawn therefrom, and the Court’s instructions, to award damages attributable to medical expenses incurred only prior to Maximum Medical Improvement”

Post by Rhode Island Car Accident Lawyer David Slepkow

By David

Multi-vehicle Accident Lawyer in RI | Bad Weather conditions

Winter weather is often Responsible for Multi-Car Accidents (pile-up crashes) in Rhode Island and Providence Plantations. Many factors can cause vehicle and trucking collisions. Travel speeds, inexperienced drivers, and distracted drivers (texting while driving) are some of the reasons for vehicular wrecks. When it comes to multi-car collisions, one of the major causes is winter weather. If you were injured in a multi-vehicle car accident in RI, contact a personal injury attorney in RI.

pile-up accident — Multi-car-accident-ice

More fatal accidents are due to snow than the number caused by fog. During whiteout conditions visibility is limited in the same way as it is during foggy weather, but the addition of snow results in treacherous highways and roads.

Multi-vehicle accident lawyer in RI

One example of the problems caused by winter weather was in February, 2010, in the Kansas City, Missouri area. There were 140 vehicles involved in several multi-car accidents. Two Greyhound buses were in the bus accident as well and they were caused by whiteout conditions. Amazingly enough there were no critical or fatal injuries.

Black Ice and slippery roads cause multi-vehicle collisions

Winter snow is not the only hazard. Black ice, compacted snow, ice, slush, and blowing snow causing white out conditions are all hazardous for drivers and motorists. When a driver tries to stop quickly on ice or snow, it is easy for them to lose control of the motor vehicle.

Auto accident pile-ups caused by snowstorms

Multi-vehicle collisions are often result of the loss of control, specifically being unable to stop quickly when another vehicle stops in front of them. This can result in a chain reaction as other cars and trucks try to stop to no avail. When this occurs on a major roadway, it can become deadly. Add semi-trucks to the scenario and this increases the danger.

Accidents and Injuries from car accidents in Rhode Island

All too often, driving in winter weather can cause fatalities. According to statistics from the Center for Disease Control, the injuries most often reported in vehicle collisions are strains and sprains of the back and neck (whiplash). These injuries, although not life-threatening can cause a myriad of problems.

Pile-ups are a Hazard in Winter Weather in RI

When injured in a pile-up, it is often difficult to determine who was at a fault for the accident. For people who were injured in the accident it can become a nightmare. They need to focus on medical care and recovery instead of the insurance companies who are arguing over who was at fault.

“Rhode Island State Police responded to a multi-vehicle crash on Interstate 95 near the Providence-Cranston line. At least two vehicles were involved in the Sunday afternoon crash. One of the vehicles ended up against the guardrail.” Turn to 10

A RI personal injury lawyer

The best thing to do is to hire a Rhode Island personal injury attorney who is knowledgeable in multi-vehicle collisions. Often more than one driver can be at fault in multi-car collisions. Even if you are at partially at fault, you can still receive compensation for your injuries. This type of claim is complicated and it is best to hire a Providence car accident attorney to assess your case and help you to get the compensation needed.

Accident report

“About 11:11 a.m. local time on Thursday, September 24, 2015, a 2009 MCI motorcoach, operated by CWA Inc. DBA Bellair Charters Hesselgrave South, was traveling southbound in the center lane on the Washington State Route 99 (SR99) Aurora Bridge (official name: George Washington Bridge). The motorcoach was occupied by a 68-year-old driver and 50 passengers. At the same time, a 1945 DUKWan amphibious military vehicle modified for tour operations, operated by Ride The Ducks Seattle LLC, and occupied by a 54-year-old driver and 36 passengerswas traveling northbound in the center lane on the SR99 Aurora Bridge. As the two vehicles approached each other, the DUKW driver reported hearing a loud “bang” as his vehicle experienced a mechanical failure at the left front axle assembly, causing him to lose control. The DUKW vehicle crossed the center line into the oncoming traffic in the southbound lanes. The front of the DUKW struck the left side of the motorcoach near the driver’s compartment. The DUKW vehicle then penetrated into the left side passenger compartment of the motorcoach, damaging the interior floor and occupied seats. During the impact, the DUKW rolled toward its left side and a number of passengers were ejected before the vehicle came to rest back on its wheels.” Preliminary Report – Highway – HWY15MH011 NTSB

Rhode Island multi-vehicle accident lawyer

“A 2011 Dodge Ram pickup truck was also traveling southbound adjacent to the motorcoach. In an attempt to avoid the collision, the Dodge pickup truck moved left into the northbound lane and subsequently struck the right side of the DUKW. The Dodge pickup truck continued forward, striking a 2006 Toyota Highlander sport utility vehicle, which had been traveling in the northbound left lane behind the DUKW and had struck the left side of the DUKW. A 2007 Toyota Tundra pickup truck, also traveling in the northbound lane, struck the left front of the Dodge pickup truck.” NHTSA National highway Safety Board

“As a result of this crash, five occupants of the motorcoach died. Sixty-two occupants of the motorcoach, the DUKW, and the crash-involved passenger vehicles reported injuries ranging from minor to serious.” NTSB

Resource for more fatal accidents are caused by snow than fog:

resource for several pile-ups involve more than 140 cars

resource for number one injury caused by vehicle accidents