RI Wrongful Death Attorney

Many of the winter weather storms occurring in recent years have been of epic proportions. They were freezing rain, snow and sleet causing ice to form on city streets, roadways and highways. These dangerous conditions increase the potential of being involved in a serious accident in Rhode Island that could result in catastrophic injuries or wrongful death.

Winter weather accident

Icy roadway conditions often create the deadliest traveling surfaces where vehicles can lose traction and slip off the roadway or into oncoming traffic. Tragically, many  motor vehicle or trucking accidents in Providence that occur in wintry weather could have been prevented had business owners, municipalities and roadway maintenance crews taken effective measures to create a reasonably safe passage for motorists and pedestrians.  Projo obituaries will never tell the survivors how the fatal accident occurred and victims will need to rely on the police report, coroners report and other newspaper articles rather than the projo obituaries.

If you learn about a fatal accident in RI, look beyond the particulars of the crash and learn about the lives that were lost by searching:

• projo obituaries today
• projo obituaries past 3 days
• projo weather

Black Ice causing RI car accident and wrongful death

Black ice, or ice hidden under snow or dark of night is especially hazardous because it often catches motorists off guard. The invisible ice tends to form when the temperature of the air is higher than the pavement. Falling rain can rapidly freeze, creating a transparent, thin layer of ice on the street. Other times, the formation of black ice occurs when the freezing water is void of any air bubbles. Without bubbles, the ice is transparent and often matches the roadway material underneath. Invisible ice causes a vast majority of automobile  and car accident  collisions during intense winter months when the driving conditions make the roadway challenging to travel.

Motorists traveling at or above the posted speed limit  in Cranston or Warwick can easily lose control and slide off the roadway or into other traffic. Driving under these conditions  in Cranston or Warwick RI requires safety steps that include:

• Be aware that black ice is nearly invisible to the naked eye during the day and especially at night.
• Remain especially careful while traveling on entrance and exit ramps, across bridges and overpasses and through tunnels during the early morning hours when the temperature of the air is rising higher than the temperature of the pavement.
• Avoid stepping on the brake when hitting a patch of ice. This is because applying brake pressure on icy surfaces causes the car to skid uncontrollably. Instead, tap the brake pedal only as you approach the icy surface.
• Maintain adequate distance between you and the vehicle in front. The additional distance is necessary to ensure your vehicle can come to a complete stop on the icy surface. The services usually require twice the distance as normal.

Traveling on Bridges and Overpasses in Rhode Island and Providence Plantations

Traveling on bridges and overpasses can be especially dangerous during icy conditions. This is because they tend to ice over long before the roadway does, even if the surface is only slightly wet. Bridges and overpasses will quickly freeze meaning that unwary motorists traveling at high speeds might not see the slippery surface, being unprepared they quickly lose control. A light dusting of snow fall can easily produce a slippery icy surface on an overpass or bridge that may appear to be dry or clear.

Liability Issues in Providence Superior Court wrongful death causes of action

Driving your car, truck or auto safely during the winter months requires constant attention to the roadway and thorough preparation to avoid hazardous conditions. This means maintaining the vehicle, traveling with an emergency kit and understanding how to handle dangerous driving conditions including black ice. However, liability for the driver can extend to how they drive and deal with accumulated ice and snow in their vehicle. Common steps for avoiding an accident include:

• Clear away accumulated ice and snow from the vehicle
• Keep abreast of current traffic and roadway conditions
• Apply the brakes carefully
• Remain aware of hidden black ice
• Never use cruise control during icy conditions
• Slow down

The NHTSA reports ” In 2014, there were 9,967 fatalities in motor vehicle traffic crashes involv¬ing a driver with a BAC of .08 g/dL or higher; this was 31 percent of total traffic fatalities for the year. Among the 9,967 alcohol-impaired-driving fatalities in 2014, 69 percent (6,852) were in crashes in which at least one driver in the crash had a BAC of .15 g/dL or higher. Drivers are considered to be alcohol-impaired when their blood alcohol concentrations (BACs) are .08 grams per deciliter (g/dL) or higher.’ http://www.nhtsa.gov/NCSA

Hiring a RI wrongful death Attorney

Driving during the winter months can be extremely hazardous because of the slick slippery surfaces that cause accidents. If you have lost a loved one due to the negligent actions of other drivers, you are likely entitled to receive financial compensation by filing a  Rhode Island wrongful death lawsuit in Providence SUPERIOR court. However, RI wrongful death cases are complex and often require the skills of a Rhode Island wrongful death accident attorney who is also a RI personal injury lawyer. Your RI fatal car accident lawyers working on your behalf can provide a variety of legal options and assist you in receiving the financial compensation you deserve.

Rhode Island Attorney General Peter Kilmartin appeared before high school student in Cranston* to report new fatal motor vehicle statistics in RI. He reported that in the calendar year of 2014 deadly motor vehicle accidents decreased to a low point since 1994 ( 20 years).

The AG who has an office in Providence stated that in the calendar year of 2014, 52 men woman and children died as a result of vehicular  accidents in the ocean state. The elected official was proud of the fact that this was a marked decline from 104 people killed in the calendar year of 2003.  Projo  This article was authored by a Rhode Island wrongful death lawyer.

Rhode Island wrongful death attorney discusses fatal accident stats

Predictably, the RI AG  who is a politician  primarily attributed the decline in deaths from car, truck and motor vehicle collisions to recent laws in RI concerning motor vehicle safety. He cited the texting while driving ban, seat belt laws etc. as the primary reasons for the lower amount of deadly crashes.

The Providence Journal reported that “The decline, the attorney general said, partially comes from laws that strengthen motor vehicle safety, such as the texting-and-driving ban and the primary seat-belt law, passed in 2011, that allows the police to stop and issue citations to those not wearing them. Under the previous law, officers could only cite a driver not wearing a seat belt if the police had stopped the car for some other reason, such as speeding.” Id.

The Insurance Institute for highway safety, Highway Loss data Institute determined that 32,719 people were killed in vehicular collisions in the calendar year of 2013. The above mentioned fatalities were the result of 30,057  motor vehicle wrecks, collisions and crashes which involved 44,868  cars, trucks, suvs, motorcycles and motor vehicles. This constituted a large decrease in deaths, fatal crashes and motor vehicles involved in fatal wrecks compared with 2012. It constituted the 2nd-lowest amount of  crashes and collision deaths since 1975. IIHS

If you learn about a fatal accident in RI, look beyond the particulars of the crash and learn about the lives that were lost by searching:

• projo obituaries today
• projo obituaries past 3 days

Consistent Decline in motor vehicle accident deaths since 1975

In 1975, 44,525 men, woman and children were killed in vehicular collisions. These deaths occurred in 39,161 vehicular accidents. These motor vehicle crashes involved 55,534 cars, trucks and other motorized vehicles. The Insurance Institute for highway safety, Highway Loss data Institute. Id.

The takeaway is that 14,468 people more people died in car, truck and motor vehicle accidents in 1975 then in 2013. It appears that these statistics can be attributed mostly to technological safety innovations such as antilock breaks, safer automobiles/ suvs and airbags.

Texting while driving ban in RI

Lets take a look at some of the laws cited by the RI attorney general**. Rhode Island law bans texting while driving a motor vehicle. “Motor Vehicle means any vehicle that is self-propelled by a motor, including but not limited to, automobiles, trucks, vans, construction vehicles, etc.” RILIN

RI law defines a text message as “(8) “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  Text messaging while operating a motor vehicle  o the Providence Journal, there has been a huge increase in texting while driving citations issued by police in Rhode Island and Providence Plantations. “In 2014, 911 tickets were issued for texting while driving, according to Rhode Island Judiciary statistics. By comparison, there were 317 citations in 2013.” Providence Journal

Fatal motor vehicle accident.

Rhode Island law does not allow children, spouses or family members to file a wrongful death cause of action against the negligent tortfeasor who caused the untimely death. Only the executor of the decedent utilizing a Providence wrongful death lawyer can seek compensation as a result of a fatal wreck. A Rhode Island personal injury who is also a RI wrongful death lawyer will help the estate obtain justice and the compensation it is entitled to. A Rhode Island wrongful death lawyer will have the experience and resources to fight the insurance company to get justice.

* Cranston is located near to the following towns and cities: Warwick, Providence  west Warwick, Coventry, East Greenwich.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

In many Rhode Island personal injury, negligence and car accident causes of action it is necessary for the Rhode Island personal injury lawyer to work with top experts and engineers. Only an expert with the proper training, education and experience can testify in the process of RI injury claim litigation.

The Providence negligence lawyer need not be an engineer or accident reconstruction expert but must be reasonably well versed in understanding cutting edge technologies and the issues that the engineer must address.

High powered attorneys retain a cadre of experts

More importantly, the RI personal injury lawyer must have a cadre of top engineers at his beck and call in the event he needs crucial testimony at a car, truck, slip and fall or construction accident trial in Providence Superior Court. Wrongful death vehicular accident or premises liability trials (slip and fall) in Rhode Island can be won and lost based on a battle of the experts. It is crucial that you have the best expert possible in your corner.

Utilizing cutting edge technology

The insurance company will also hire good engineers who will try to disprove your theory of the case. Therefore, the premises liability lawyer, semi-truck crash attorney or RI construction accident lawyer must use engineers who utilize a multi-faceted approach using Cutting-edge technology. In some wrongful death cases and catastrophic injury cases an engineer will use 3D imaging to reconstruct the scene of the crash. This can be a game changer at trial as the Jury will have a compelling visual aid to determine liability and damages.

A good Providence RI law firm will have the resources to bring on the best accident investigators and reconstruction experts to get the top dollar injury settlement or judgment on your behalf Engineers and experts are often used in the following types of accident:bus accidents, work related accidents, wrongful death claims in RI (fatal car or motor vehicle accidents), construction accidents, premises liability, train accidents, slip and fall, deadly motor vehicle accidents, as well as semi-truck and tractor trailer / big rig / trucking collisions.

Engineers to win the case!

There are many different types of engineers that may be needed including: electrical engineers, structural engineers civil engineers, mechanical engineers, chemical engineers and other experts. The engineer must be well versed in the applicable state, federal and local safety regulations including OSHA regs.

Malove Henratty, P.A. attorneys in Florida state: “What Is Accident Reconstruction? Vehicular accident reconstruction is the process of investigating, analyzing, and drawing conclusions about the causes and events during a vehicle collision. MaloveHenratty P.A. may hire accident reconstructionists to conduct in-depth collision analysis to identify the contributing factors in different types of collisions, including the role of the driver(s), vehicle(s), roadway, traffic, lighting and the environment. It is essential, if not mandatory, that accident reconstruction be done in cases where death and/or personal injury are involved if evidence is missing or incomplete” Malovelaw 

Utilizing federal OSHA regulations to get the best injury settlement

“Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards.” OSHA 

In this pathetic case out of the State of Rhode Island, a man paid his RI child support  arrears, not to support his child, but to profit off of the child’s death as a result of a fatal car accident. This was an unseemly legal tactic in which a dead beat father sought to collect for the tragic death of his child, despite not supporting his child for numerous years. This sordid tale played out in front of the Rhode Island Supreme Court in the case of Yvette M. BONNEY v. Paul E. BONNEY,  695 A.2d 508 (1997) http://caselaw.findlaw.com/ri-supreme-court/1314528.html   (Yvette JOHNSON a.k.a. Yvette Rochelle a.k.a. Yvette M. Bonney v.Paul E. BONNEY.)

Say it ain’t so!

What a slap in the face to the mother of this child that despite an ability to pay, he refused to pay $40 dollars a week (not even enough money to pay for 1/2 of weekly groceries) for numerous years and now he wants a share of a wrongful death verdict or settlement. And then this clown all of a sudden comes up with $13,ooo AFTER THE CHILD’S DEATH to evade a willful contempt finding so he can financially benefit from his sons death? REALLY? Say it aint so? Where was that money when the heating bill, rent and healthcare co payments came due. Also, the decision states that he sporadically visited or called his son. C’mon man!

Rhode Island Supreme Court weighs in

The top Court in RI, sitting in the Capital City of Providence, set forth the pertinent facts “Yvette M. Bonney (Yvette) and Paul were husband and wife until they were divorced in 1987.” –  http://caselaw.findlaw.com/ri-supreme-court/1314528.html#sthash.BtpjhFsu.dpuf  While the parties were married they had a child to wit, Jaime Bonney December 9, 1985. In 1989 The Plaintiff secured a child support order against the defendant for a measly $40 week. Id. The defendant consented to this support order. id.

For a short period in 1990 the defendant paid support as a result of a child support wage garnishment of approximately $182.50. The defendant later relocated to the state of Florida but made no support payments after moving. Id. “While residing in Florida, Paul held a number of construction and maintenance jobs and then moved to Michigan where he was employed as a maintenance engineer at a hotel and as a floor guard and skating-room worker at a skating facility. He occasionally called his son, and on two occasions Jaime visited him in Florida. However, during this period Paul paid no child support.”: http://caselaw.findlaw.com/ri-supreme-court/1314528.html#sthash.BtpjhFsu.dpuf

Tragically the young child was killed in a fatal RI Automobile accident in North Kingstown.

A motor vehicle that the child was a passenger in was struck by a North Kingston Police Cruiser. Id. Plaintiff, mother sought compensation as a result of the alleged wrongful death by filing a lawsuit against the Defendant by and through her Rhode Island wrongful death attorney. For his part, the defendant, despite not supporting his child for several years, also filed a RI wrongful death lawsuit utilizing a RI Personal injury Lawyer seeking compensation for the deadly Rhode Island car crash. It is unclear whether the wrongful death lawsuit was settled or whether anyone was compensated as a result of the collision and fatality.

“Section 10-7-2 of the wrongful-death statute as amended on July 8, 1994, by P.L.1994, ch. 180, § 1, reads in part as follows:“[N]o person who is adjudged to be in wilful contempt of being in excess of six (6) months in arrears of an order to pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and such person shall be deemed to have predeceased the child for the purpose of determining distribution under the intestacy statute.” – http://caselaw.findlaw.com/ri-supreme-court/1314528.html#sthash.BtpjhFsu.dpuf

Wrongful death law in RI

RI wrongful death laws : “CHAPTER 10-7 Death By Wrongful Act” http://webserver.rilin.state.ri.us/Statutes/title10/10-7/INDEX.HTM  Key Provisions in RI Wrongful Death Law by a Rhode Island Attorney http://www.ripersonalinjurylaw.com/key-provisions-ri-wrongful-death-law/

After Husband filed his wrongful death cause of action, Plaintiff sought to hold the defendant in willful contempt of the Family Court child support order so that he would not be compensated pursuant to the terms of 10-7-2,.

In what appears to be an unseemly tactical ploy by the defendant and his RI lawyer, “Before the motion came on for hearing in the Family Court, Paul deposited $13,000 into the registry of the court and filed a motion for determination by the court in regard to the exact amount of child support due to plaintiff.” Id. Nonetheless, the Plaintiff pursued her contempt motion seeking to “in excess of six months at the time of the child’s death and prior to the payments being made.” Id

“Insult to injury”

The trial judge determined that ““Paul Bonney is in contempt under every definition of the word…” and further reasoned “To add insult to injury, he paid $13,000 into the court registry after his son’s tragic death in order to preserve his interest as a potential beneficiary of his son’s estate.   Yet, during the last * * * years of his son’s life, he chose to pay not one dime for the child’s benefit.”

“He then commented that it was the legislative intent in amending § 10-7-2 to prevent a person such as Paul from paying off his arrearage for the purpose of recovering for the wrongful death of his child.   He asserted that such an interpretation of the statute would render it a nullity.” Id. http://caselaw.findlaw.com/ri-supreme-court/1314528.html#sthash.BtpjhFsu.dpuf

“Paul could not avoid the consequences of his willfully contemptuous conduct by the transparent device of depositing a sum of money into the registry prior to the hearing on Yvette’s motion to adjudge him in contempt.   In accepting jurisdiction and declaring the defendant in willful contempt for more than six months, the trial justice was correct in fact and in law.” – See more at: http://caselaw.findlaw.com/ri-supreme-court/1314528.html#sthash.BtpjhFsu.dpuf The Highest Court in Rhode Island and Providence Plantations showed amazing restraint by not lambasting the defendant’s improper motives and questionable legal tactics.

*”§ 10-7-2  Persons who may bring actions – Limitation of actions – Minimum recovery period. ‘http://webserver.rilin.state.ri.us/Statutes/title10/10-7/10-7-2.HTM Statute sets forth the statutory beneficiaries as a result of a wrongful death truck, motorcycle, van, bus or bicycle accident  including husband, wife, spouse, parents  children, etc.

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.

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.

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).  Quot 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:  

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 

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.

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.

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

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.

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