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By David

Rhode Island Boat Accident Lawyer | Types of Boating Accidents

Boating accidents in Rhode Island
RI boat accident lawyer

Surprisingly, a large percent of recreational and commercial boating accidents occur on or near land or on a dock.  There are literally hundreds of different boating related mishaps that could occur on land. These range from motor boats becoming unhinged and crashing into cars on the highway to a slip and fall in the living quarters of the sailboat. Boating tort claim can include workers compensation claims for commercial fishermen injured while unloading lobsters or other fish from their vessel.

Rhode Island boat accident lawyer

If you are involved in a sailboat, motorboat or personal watercraft accident in Rhode Island it is imperative that you contact a Rhode Island Boat Accident attorney. Accidents on or near boats can happen anywhere from a harbor, river, lake, pond, ocean or the open sea. A boating related accident on land includes a slip and fall on a dock or a fall on a slippery boat ramp. Even an improperly secured docked dinghy could crash into a motorboat or houseboat as a result of a storm or blustery wind. An East Providence Personal Injury Attorney or RI Slip and fall lawyer can help you navigate through a boat related premises liability claim.

Fatal Boating Accident

Sadly many personal water craft, jets ski and motorboat accidents result from careless and negligent operation. Some of these boating mishaps are fatal leading to wrongful death litigation in Providence or Newport Superior Court. “In 2011, the Coast Guard counted 4588 accidents that involved 758 deaths, 3081 injuries and approximately $52 million dollars of damage to property as a result of recreational boating accidents.” Safe boating 

Interestingly, there is a major correlation between operator safety preparedness and instruction and deadly boating collisions.  “Only eleven percent of deaths occurred on boats where the operator had received boating safety instruction. Only seven percent of deaths occurred on vessels where the operator had received boating safety instruction from a NASBLA-approved course provider.” Safe Boating In Rhode Island, a Barrington RI teenager was operating a motorboat recklessly and he killed his friend who was knee boarding.

Drunk Driving and Drugged Driving Boating Crash

Ominously, another notable deadly boat crash in RI happened at ‘Despair Island’.  In that crash, five friends went on a joyride after a night of drinking alcohol and partying.  The boaters borrowed a boat. They later crashed into a bunch of rocks that is commonly known as despair island in the community.  The operator was accused of drinking and reckless boating. Examiner

Throttle stuck open

The Providence Journal reported “”Just before 2 a.m., they were back in the boat with no spotlight, no GPS, no radar and no charts, and no way to see what they were heading for, environmental police officer Jennifer Ogren told a District Court judge on Wednesday. When the boat hit the rocks of small Despair Island, Ogren said, the impact punched it 106 feet across the island and landed upside down. Investigators, according to a DEM affidavit, later found the throttle stuck open and the speedometer needle frozen at 39 mph. The speed limit for nighttime boating, Ogren said, is 25.”

RI boat accident attorney

The boating accident operator was charged with operating a watercraft under the influence, death resulting as well as other charges. Boating accident claims are usually associated with sailboats and motorboats but run the whole gamut from Catamaran accidents to canoe accidents. Also included are barge, Dinghy, Row Boat, Kayak, Fishing boat, catamaran, ferry and raft collisions. Distracted boat accidents: Distracted driving is not just limited to car accidents. There are also many reported incidents of texting and power boat operation as well as distraction from horseplay.

These inexperienced boaters often have no idea what to do when other watercraft is approaching. This can lead to a very serious and deadly boat accident in Newport, Bristol, Tiverton or East Greenwich

Boating accidents on rivers, at sea, in lakes and on any open water in Rhode Island occur mainly because boaters underestimate the hazards of operating their watercraft or not following nautical safety laws. Many individuals piloting yachts, boats or personal watercraft operate the vessel without any comprehension of its operating characteristics

Boat accident stats

Statistics maintained by the U.S. Coast Guard indicates that there were more than 4000 boating accidents in 2011 nationwide, which resulted in more than 3100 injuries and almost 700 deaths. Three out of four deaths associated with these accidents were the result of drowning, where 80 percent of the drowning victims were found without life jackets. The extensive boat accident-related property damage totaled more than $35 million.

If involved and injured in a boat wreck or boating related accident in RI then contact boat accident attorneys in Rhode Island or a Providence Personal injury Lawyer / RI Personal Injury attorney.

Common Accident Causes In Newport, Bristol, East Greenwich and Narragansett RI

The high rate of boating accidents in RI often involves one or more of the three most common causes that include:

• Inexperience – Many boat operators lack adequate training or the much-needed experience to operate their water vessel or motor boat safely.

• Excessive Speed – While it is fun to enjoy the open water and freedom from speed limits, traveling too fast can cause the vessel to overturn or crash into other objects or watercraft.

• Reckless Boating – Reckless driving or “showboating” is a serious problem when the boater chooses to demonstrate their abilities of piloting the vessel. At any point, reckless boating in Rhode Island can cause the vessel to overturn, take on water and sink.

• Inattention – Rhode Island Boaters enjoy the open water as a way to relieve stress, relax and spend time with family and friends. However, vessel operators face limitless distractions causing inattention. Many RI, Newport, Barrington and Bristol boat accidents occur because of a lack of safety concerns or not focusing on channel markers or other vessels on the water.

• Intoxication – Operating a water vessel in Rhode Iland while intoxicated is just as dangerous as drunk driving on the nation’s highways and streets. Alcohol, drugs and other recreational substances can easily impair the boater’s focus, judgment, abilities and reaction time. Piloting the watercraft , sail boat or motor boat while impaired can create dangerous circumstances on the open water and increase the risk for an accident to occur.

• Maintenance Issues – Leaky boats, malfunctioning engines and defective parts can create life-threatening problems while on the water. Many boat maintenance issues can place the lives of boaters and passengers at great risk.

• Adverse Weather – Choppy waters, lightning, high winds and numerous water conditions can place the lives of boaters and passengers in great peril. If the boater is inexperienced or intoxicated, the boat can easily be lost even in shallow waters.

Avoiding a Boat Accident in Rhode Island

There are many effective tips for reducing the potential risk of being involved in a boating accident in RI. This includes staying sober, checking the weather forecast, not overloading the vessel, maintaining flotation devices for every passenger on board and completing a boating safety course.

In addition, the vessel should be inspected from stem to stern each time it heads out on open waters. A functioning fire extinguisher must be easily accessible on deck. Safety precautions concerning the propeller should be taken, especially when young children are in the water or on board.

Hiring a RI Boat accident Attorney

Rhode Island Boat operators are required to exercise the highest level of care to ensure all passengers and others on the waterway remain safe. Any individual injured from the reckless or negligent actions of boat operators might be entitled to receive financial compensation. This is because the negligent party responsible for the accident can be held legally liable for all monetary damages including medical expenses, lost wages, property damage along with non-economic losses including emotional trauma, pain and suffering. However, these types of cases are complex and often require the skills of an experienced Rhode Island personal injury attorney who specializes in boating accidents.

A Rhode Island boat accident lawyer or a RI boating accident attorney can help you get the most compensation for your RI boat mishap or Rhode Island boating collision. USCG

Filed Under: Boat Accident

By David

Rhode Island Motorcycle Accident Lawyer| Slepkow Law

If you have been involved in a Rhode Island motorcycle accident and are seeking to recover damages because your injuries were the fault of another driver? A RI motorcycle injury lawyer with a comprehensive understanding of motorcycle tort accident law in Rhode Island can help. But exactly how do you find the best motorcycle injury attorney in Providence to ensure that you receive adequate recompense for your injuries, damages and losses? How much will the bike crash attorney cost and how much can you expect in compensation?

Rhode Island motorcycle accident lawyer

Rhode Island motorcycle accident lawyer

The injuries you suffer and the damages you have endured, it probably left you with extensive medical bills, pain, suffering and financial losses because of time away from work. Naturally, you are seeking the best injury lawyer you can find. In addition to receiving compensation for your expenses and time away from work, you are also likely entitled to rental reimbursement, replacement or repair of your damage motorcycle and recovery of any future losses directly associated with your injuries. Many people are seeking information on google about: “Motorcycle accident ri.”

Seasoned Experienced Rhode Island Motorcycle accident Attorneys

Because of common motorcycle rider stereotypes, most motorcycle accidents must be handled differently than a typical vehicle accident or car crash case. Movies and TV shows often show bikers as aggressive riders who are indifferent to the law and rules of the road. Pigeonholing all Rhode Island motorcycle riders as dark characters is often disadvantageous to the victim whose accident was caused through the reckless or careless actions of an automobile motorist not paying attention on the roadway.

Motorcycle accident ri

Additionally, claims adjusters working for insurance carriers of defendants in motorcycle injury accident cases in Rhode Island often attempt to divert responsibility away from their policyholder in an effort to blame the victim. In many incidences, the insurance company will deny or delay compensation. Without legal representation by a seasoned experienced attorney, you might be forced to accept an unfair low settlement.

Traits of a Good lawyer

The most common traits of a good attorney who specializes in motorcycle injury accidents include:

• Extensive Experience – The state’s tort laws concerning vehicle accidents are complex. Attorneys with extensive experience in personal injury claims involving motorcycles can provide aggressive representation because of the solid relationships they have built with opposing counsel, judges, paralegals and others who perform services in the civil court system.

• Access to Resources – A good attorney with a solid reputation will have extensive access to various resources including investigators to reconstruct the scene of the accident, expert professionals to provide testimony at trial and paralegals to ensure that all necessary paperwork is filed with the court system before the expiration of the statute of limitations concerning your case.

• Successful Negotiating Skills – The majority of personal injury cases in Rhode Island such as truck collisions , car accidents and suv crashes are settled out of court. Because of that, your RI Injury attorney must have successful negotiating skills to ensure you receive fair compensation for the injuries, damages and losses you have sustained.

• Solid Trial Experience – In some Providence motorcycle accident cases, insurance carriers and claims adjusters are unwilling to negotiate a fair settlement, forcing the victim to take their case to trial. The Rhode island personal injury attorney or Rhode Island motorcycle accident attorney you hire must have solid trial experience to build your case and present the evidence required for a successful outcome.

How Much You Will Receive as a result of the Ri motorcycle accident?

All personal injury cases involving motorcycle accidents with injuries are different. The amount of settlement or jury award you will receive is based on varying factors. Typically, the amount of compensation is determined by the extent and permanency of your injuries, the financial compensation you need to ensure your full recovery or manage daily health and hygiene assistance. In addition, the value of your lawsuit or claim will be based on the amount of funds you have lost from time away from work and your capacity to continue working in your job in the future.

Hiring a skilled personal injury attorney can be extremely beneficial to your case. Your Rhode Island motorcycle accident lawyer can make sure the insurance company, claims adjuster or defendant does not attempt to take advantage of you or provide you a level of inadequate compensation for your injuries. Most of these cases are accepted on contingency, so there is no need to pay for any legal fees up front.

Filed Under: RI Motorcycle Accident

By David

Rhode Island Traumatic Brain Injury Lawyer | Slepkow Law

When a victim is injured by a blow or jolt to the head in a Rhode Island car, truck accident or premises liability accident, they can suffer traumatic brain injury (TBI) or head injuries that can disrupt the function of the brain. In fact, hundreds of thousands of individuals in the United States some located in Rhode Island are suffering from traumatic brain injuries caused by an accident or incident. Many of the symptoms involved in head trauma are obvious including speaking challenges and short-term memory loss along with the inability to form cohesive sentences or follow directions.

Traumatic Brain Injury Lawyer

Rhode Island TBI lawsuit
Traumatic head injury in Rhode Island

Significant brain injury and head trauma are usually associated with various Rhode Island accidents and incidences that include:

• Vehicle accidents| car, truck, motorcycle, van, boat
• Commercial Rhode Island truck accident
• Slip and fall incident in Providence, Pawtucket or Woonsocket

Knowing that the accident was preventable often leaves victims and families feeling hopeless when realizing it is the result of the negligent actions of others.

Kinds of Head Injuries- traumatic brain injury

Brain injuries are often categorized in two stages. Brain damage in the primary stage usually happens immediately and involves bruising of the brain (contusions). Secondary brain damage often involves hematomas where the victim suffers the pooling of blood that occurs between the skull and brain, or inside the brain alone.

Complications

In addition, secondary brain injury often involves tears in the brain’s frontal and temporal lobes causing damage to blood vessels. Victims suffer various symptoms that might not always be obvious. These can include:

• Bruises and contusions caused by the impact to the brain when it collides with the bones of the skull
• Pools of blood (hematomas) inside the brain
• Tears and lacerations to blood vessels in the brain
• Reduced blood flow producing insufficient oxygen delivery to the brain
• Diffused axonal injuries that cause significant damage to the brain’s nerve fibers, which could produce coma, unconsciousness or death
• Intracranial pressure
• Low blood pressure
• Herniation of brain tissue
• Secondary brain damage and injuries that tend to develop long after the injury causing additional complications

In severe cases, victims simultaneously suffer multiple medical issues listed above, or develop secondary issues over time.

Brain Injury Side Effects

The side effects involving head trauma can be hard to predict. Typically, the victim suffers mental and physical symptoms directly associated with the medical condition. Often times, they suffer a series of symptoms that include:

• Impaired memory
• Disturbance with balance
• The inability to converse properly
• Reduced endurance and strength

Significant traumatic brain injury often results in an untimely and unexpected death of the victim due to unforeseen problems.

Legal Assistance in Rhode Island

Because most brain trauma injuries are catastrophic and life changing, it is essential to seek legal advice from a competent Providence personal injury attorney who specializes in negligent accidents. The East Providence law firm can provide dedicated, personalized and compassionate representation while protecting the rights of the victim to obtain financial recovery.

TBI injury

Having a RI TBI Injury attorney ensures that the parties at fault will be held legally accountable for their negligence. A Rhode Island personal injury lawyer works on behalf of the victim to pursue and obtain fair, full monetary compensation. However, RI car and auto accidents causing a brain injury are complicated, where many insurance companies dispute liability. A skilled Rhode Island auto accident lawyer can evaluate the claim and provide various legal options to take action against all responsible parties.

Traumatic brain injury in Rhode Island

The amount of compensation obtained is usually based on the severity of the injuries and whether they require extensive surgery and treatment or leave the victim was long-term impairment. In many situations, when the victim is unable to perform daily activities without assistance, or has lost a substantial amount of wages because of the RI accident, they are entitled to receive enough compensation to last a lifetime. It is essential to hire a Rhode Island personal injury attorney as soon as possible after the accident to avoid the expiration of the statute of limitation concerning the case.

Traumatic Brain Injury is one of the leading causes of death and disability in the United States. Traumatic brain injuries (TBI) account for nearly 30 percent of all injury related deaths. According to the Centers for Disease Control, in the past five years, motorcycle accidents were the second-leading cause of deaths related to traumatic brain injuries. Additional statistics, which can be found at http://www.cdc.gov/traumaticbraininjury, show TBI to be a growing problem with those who choose to ride their motorcycles down the open highway.

Providence Traumatic Brain Injury attorney

In many accidents, TBI occurs due to the motorcyclist failing to wear a helmet. However, cyclists who have taken all normal precautions in wearing a helmet  may still suffer the devastating effects of TBI. Whether it’s short-term or long-term memory loss, headaches, visual and balance problems, or a diminishing of cognitive abilities, TBI victims deal with physical issues that may last a few weeks or perhaps a lifetime.

RI motorcycle accident lawyer

When this happens, victims often turn to a Rhode Island personal injury attorney who is also a Providence motorcycle accident attorney for guidance. By offering an objective opinion of the situation, the RI Brain injury attorney can advise the victim as to the best course of action.

Traumatic brain injury as a result of a Bike wreck

Based on data from the National Highway Traffic Safety Administration (NHTSA), more than 54 percent of motorcyclists who were admitted to a hospital with traumatic brain injuries died as a result of their injuries. For more information on this and other data, visit http://crashstats.nhtsa.dot.gov/.

However, regardless of whether a TBI victim survives or dies from their injuries, the medical costs associated with these injuries can be staggering. Ongoing treatment, along with extensive physical therapy in many cases, can add up to thousands or even millions of dollars over a lifetime for those who survive. However, due to their inability to work, the financial burden can be overwhelming. Rather than worry about what the future will hold, many victims often consult with Rhode Island personal injury attorneys who are also RI motorcycle accident lawyers in an effort to receive financial compensation for their injuries.

RI car accident hit motorcyclist

While many people think traumatic brain injuries cannot happen to them because they are wearing a helmet and taking other precautions. The fact is that it takes only a split second for a motorcyclist’s life to be forever changed. If the unthinkable happens while riding down the open road, consider speaking with an experienced personal injury attorney. IF a motorcyclist is killed in a fatal motorcycle crash in Rhode Island, the family should contact a Rhode Island wrongful death lawyer. A RI wrongful death attorney will get the family the compensation and justice they are entitled to. While no case is guaranteed, retaining legal counsel  In Providence can give a victim or their family the chance to gain the financial compensation needed to overcome their struggles.

Diagnosis of concussion or TBI

The Center for Disease Control (CDC) reported, “In 2010, about 2.5 million emergency department (ED) visits, hospitalizations, or deaths were associated with TBI—either alone or in combination with other injuries—in the United States. TBI contributed to the deaths of more than 50,000 people. TBI was a diagnosis in more than 280,000 hospitalizations and 2.2 million ED visits.  These consisted of TBI alone or TBI in combination with other injuries. Over the past decade (2001–2010), while rates of TBI-related ED visits increased by 70%, hospitalization rates only increased by 11% and death rates decreased by 7%.  In 2009, an estimated 248,418 children (age 19 or younger) were treated in U.S. EDs for sports and recreation-related injuries that included a diagnosis of concussion or TBI.3 From 2001 to 2009, the rate of ED visits for sports and recreation-related injuries with a diagnosis of concussion or TBI, alone or in combination with other injuries, rose 57% among children (age 19 or younger).3″ Injury Prevention & Control: Traumatic Brain Injury & Concussion TBI: Get the Facts CDC

Filed Under: Traumatic Brain Injury TBI

By David

Rhode Island Bus Accident Lawyer | Injuries & Fatalities

Bus accidents in Rhode Island
Rhode Island bus accident lawyer

When a bus causes an accident In Rhode Island and Providence Plantations or runs over a pedestrian, the victim’s injuries are usually quite severe. Even so, many Rhode Island and out of State bus companies refuse to accept responsibility for the accident caused by bus driver negligence or the company’s failure to provide the driver proper training.

 Bus accident lawyers in RI

In the event that the victim of the bus accident does not die from being struck by the large vehicle, they usually suffer severe injury and are often permanently or temporarily disabled. The exceptional size of the heavy RIPTA bus colliding with lighter, smaller passenger vehicles or a pedestrian can be catastrophic to anyone suffering an injury. Every individual involved in a bus accident should seek medical attention immediately to avoid succumbing to a life-threatening injury sustained in the collision.

The most common types of injuries that happen in bus accidents include:

• Traumatic brain injuries
• Spinal cord damage
• Neck injury including whiplash
• Lower back injury including slipped or herniated discs
• Facial lacerations, bruises, cuts and contusions
• Dental injuries
• Fractures and broken bones including broken nose, ankles and knees

Proving Liability in a RI bus wreck

In many incidences, proving liability in a Providence bus accident can be very complicated to litigate. In many cases, multiple parties are at fault for the accident. A skilled RI bus accident attorney can reconstruct the collision to determine which parties, including the driver, are legally responsible. In addition to the bus driver, additional parties at fault could include:

• Bus line management company
• Equipment manufacturers including tire companies and braking system manufacturers
• Other negligent motorists
• Government or municipal entity if it is a public transportation company

Causes of RI bus accident

Once the Rhode Island personal injury lawyer representing the victim can prove who was responsible. In many incidences, the bus accident attorney in RI will hire an investigative team to reconstruct the case to determine exactly how it happened. Common causes for bus accidents in Rhode Island include:

• The bus driver was operating the vehicle under the influence of alcohol or drugs
• Operating the bus recklessly
• Driving in poor weather conditions or in weather with low visibility
• Driving a bus with defective equipment
• Mechanical failure
• Improperly maintained bus equipment including driving on faulty tires or brakes
• Driving on dangerous roadways
• Speeding
• Improper lane changing or lack of signaling
• Tailgating
• Driver distraction, fatigue, error or inattention
• Aggressive driving

  • “PROVIDENCE, R.I. (WPRI) — Two people were treated for injuries Monday after a loose tire apparently hit the side of a RIPTA bus and shattered two windows. The incident took place around 10:45 a.m. on North Main Street. Barbara Polichetti, RIPTA’s director of public affairs, tells 12 News is appears the tire fell from a pickup truck and came crashing into the side of the R-Line bus that was traveling southbound. Two passengers were taken to the hospital by ambulance, according to Polichetti.” WPRI

Hiring a Providence Bus crash Attorney

Filing a claim or lawsuit against a bus company when involved in a Cranston, Warwick or Woonsocket Busing accident is often a complex process. Because additional parties are often usually in the case, hiring a East providence negligence attorney is one way to ensure that you receive adequate recovery compensation for your injuries and damages.

It is essential to ensure that you hire a skilled Providence law firm with experience in bus accidents. This is because a bus lines may have stricter rules and deadlines in personal injury claims because some are owned by government entities. Without the assistance of a competent RI bus collision lawyer, you could lose your right to recover all of your damages including medical bills, lost wages, suffering and pain from your injuries.

A skilled Providence bus accident attorney will build a strong case to prove the negligence of the bus driver and other entities. Your RI lawyer will negotiate an out-of-court settlement through the insurance company that represents the bus line or take the case to trial.

Your Rhode Island personal injury attorney

Your Rhode Island Personal injury attorney has access to the best experts including accident scene re-creationist, medical professionals, automobile safety experts and others in their respective fields. The Woonsocket, Newport or Bristol law firm will review police and accident reports, interview eyewitnesses, other drivers, pedestrians and passengers, analyze medical documents, and handle all correspondence from the insurance company and opposing counsel.

Rhode Island bus accident lawyer

With a Warwick or Cranston lawyer on your side, you are more likely to receive adequate compensation. Reputable Johnston, North Providence or Tiverton law firms handling bus accidents accept cases on a contingency fee basis. This means you can use their legal services without paying any upfront fees.

If a loved one, child, parent, brother or sister is killed in a fatal bus accident in RI then the estate must retain a good RI wrongful death attorney to bring a wrongful death claim in Providence superior court to obtain compensation for the deadly / fatal bus crash.

Filed Under: RI bus accident

By David

Fractures, Fractured Bones, Broken Bones in an Accident | Slepkow Law

Bone fractures and broken bones caused by a Rhode Island motor vehicle accident can be serious, lifelong injuries that require ongoing medical attention and significant time to heal. In fact, individuals suffering serious fractures caused by a RI vehicle accident usually require multiple operations including reconstructive surgery or installed hardware to secure broken bones. This is because the impact during the Warwick, Cranston or Woonsocket accident likely caused compression, contortion or extension of the spinal column and bones throughout the body.

Fractured bone
Fractured and broken bone caused by car accident

Fractures – Broken bones

Broken bones caused by a Providence car accident can leave victims with lifelong disability. Common types of bone injuries and fractures include:

• Back Fracture and Herniated Discs – When the spinal column is injured, it often causes lifelong issues such as sciatica where the nerve is pinched, producing extensive pain down the entire leg.
• Skull and Facial Fractures – A skull fracture is the most typical type of brain injury from a severe impact during a vehicle accident. Victims can suffer facial fractures that can cause significant vision issues or broken jaws and noses leaving the individual with severe nerve damage and disfigurement.
• Fibula and Tibia Fractures – Broken ankles and broken legs often leaves victims mobility-challenged where one leg is significantly shorter in length compared to the other after healing
• Femur Fractures – Even though the femur is considered the body strongest bone, it can easily break upon a severe impact in a vehicle accident. The healing process usually requires extensive surgery and a lengthy recovery time. Femur fractures tend to be extremely painful and can involve serious complications where one leg might heal shorter than the other.
• Rib Fractures – It can be extremely painful when a rib is fractured from impact in an automobile accident. Often times, the victim is unable to breathe properly, laugh or move about without pain. A fractured rib is not often diagnosed immediately, which can leave the victim feeling severe pain for days or weeks after the accident.
• Pelvis and Hip Fracture – Victims of automobile accidents often suffer hip and pelvis fractures, leaving them mobility-challenged and unable to move about without use of a wheelchair. In many scenarios, the surgeon will install a titanium or steel implant to provide support to broken bones during the healing process.
• Clavicle Fracture – When the collarbone breaks during an automobile accident, the victim usually feels extensive pain and limited mobility of the shoulder and arm for many months.
• Wrist Fracture – Many victims react during a violent impact of a car accident by reaching out to stop movement during the collision, which can cause their wrist to fracture. The healing process for a broken wrist can take many months and often requires numerous pins to hold the broken bones in place. Victims are often left with limited wrist motion due to complications after healing.

Financial Compensation in a RI automobile crash

Typically, filing a claim for compensation for bone injury caused by the negligent actions of another involves complex Rhode Island personal injury tort law. To ensure adequate compensation, the victim should avoid signing paperwork or documents agreeing to any out-of-court settlement without first discussing the case with a reputable East providence personal injury attorney. Through legal representation, your rights can be protected to ensure you fight aggressively for the money owed for your injuries.

Medical Bills

Personal injury law firms in Rhode Island that specialize in broken bone vehicle accident claims offer a free initial consultation to discuss the value and merits of your case. The RI car accident attorney can provide a variety of legal options to win your claim so you have adequate funds to pay off your existing medical bills and recover your lost earnings due to missed work along with compensation for your pain, suffering, mental anguish and distress.

The NCBI reported: “From 1973 to 1996, 15,559 car accidents were analyzed. Two hundred sixty-one front seat occupants sustained fractures of the foot and ankle (ankle, 41 percent; forefoot, 29 percent; midfoot, 20 percent; and hindfoot, 10 percent). Seventy-five percent of the fractures were classified abbreviated injury scale(foot) 2. The incidence, location, and abbreviated injury scale(foot) category of fractures were similar between driver (n = 210) and front seat passenger (n = 51). Fifty percent of the fractures occurred in head-on collisions and 34 percent occurred in accidents with multiple collisions. The deltav ranged in 82 percent of car crashes between fifteen and sixty kilometers per hour. The deltav and extent of foot compartment deformation correlated with the abbreviated injury scale. During our investigation, deltav increased; the injury severity score decreased; and the extent of deformation did not differ significantly. Although overall car passenger safety has improved, the relative incidence of foot and ankle fractures has increased. Comparing drivers and front seat passengers, the foot pedals, steering wheel, or the asymmetric design of the dashboard did not influence injury incidence, mechanism, or severity. Foot fractures are mainly caused by the foot compartment deformation in head-on collisions, and therefore improvements in foot compartments are essential for fracture prevention.”  NCBI 

Filed Under: Personal Injury

By David

Top Providence Personal Injury Lawyer | Slepkow Law

This article was authored by a Providence personal injury lawyer. The scene of a car accident in Providence Rhode Island will be teeming with activity quickly. There will be at least two vehicles there and police and paramedics may be on the scene in short order.

Providence personal injury lawyer
Providence personal injury attorneys

Providence Personal Injury lawyer

Your recollection of events might get foggy, especially if you’re injured. In the future you might be called upon to tell your side of the story about what happened in this Providence car crash. Try to keep these things in mind if you’re involved in an accident:

Check for injuries

If you or somebody else is injured, or they say they’re injured, let the police know that when you contact them. They will dispatch appropriate personnel and equipment to the scene.

Call the police

If there is sufficient property damage or injuries, the law in Rhode Island  and Providence Plantations requires you to call the police. You will want a police report made. Get the name and badge number of the investigating officer. In Rhode island and Providence plantations, you can obtain a copy of the report at little or no cost in a few days.

Don’t talk about who was liable for injury

You don’t know how what you might say at the scene will be interpreted. Don’t admit fault. You can discuss the accident freely with your Rhode island Personal Injury  attorney because whatever you say to them is protected. Never give a statement to anybody else or your insurance company pursuant until you have consulted with a Providence Car Accident attorney.

Get accident information

If you have photos or videos of the vehicles involved and/or the scene, save them and advise your Rhode Island auto accident attorney that you have them. Write out your version of events when you can in a confidential letter to your Providence car accident lawyer. If there are any witnesses to the  RI automobile accident that you know of, provide their contact information to your attorney. The  Providence motor vehicle collision attorneys can follow up.

Notify your insurer

You’re required to notify your insurer of an accident as soon as possible after the  Warwick, Cranston, Woonsocket or RI accident occurs. Since your insurer might want to do its own investigation, cooperate with the adjuster assigned to your case but only after consulting with a RI personal injury lawyer. Your contract of insurance may require you to cooperate with your insurer.

Do what your doctors tell you

Get to an emergency room or physician right away, and follow up with any other doctor or treatment you’re sent to. This memorializes your injuries in your medical records. Always be present for your scheduled appointments.

“The driver who crashes into your car is responsible for reporting the accident to his or her car insurance company. However, make sure you contact their insurer as well. Motorists who cause accidents are often reluctant to report them. It’s vital to get complete information on the other party at the accident scene, including the other driver’s address, insurance company name and policy information, along with statements and contact information from witnesses. Take pictures of the accident scene — the camera on your smartphone will work in a pinch.”  Insure.com

“PROVIDENCE, R.I. (WPRI) — A crash early Friday morning in Providence left a car on its roof and a utility pole sheared off at its base. The incident occurred just before 2 a.m. near the intersection of Union Avenue and White Hall Street. No word on if anyone was injured at this time. National Grid was called in to fix the pole and the cause of the crash remains under investigation.” WPRI

“Providence was one of the first cities in the country to industrialize and became noted for its textile manufacturing and subsequent machine tool, jewelry, and silverware industries.[7][8] Today, the city of Providence is home to eight hospitals and seven institutions of higher learning which have shifted the city’s economy into service industries, though it still retains some manufacturing activity.” Wikipedia

Filed Under: car crash

By David

Willfully Ignorant Trucking Companies Deny Liability For Medically Unsafe Truckers

Trucking Companies Deny LiabilityAs we explored in Part 1 of 3 of this truck accident series, truckers with medically disqualifying conditions often misrepresent their medical condition to medical examiners.

No mandate to get medical records of truckers

Under Federal Law, the federal regulations do not mandate that medical examiners obtain the actual medical records to determine whether or not a trucker is accurately portraying his or her medical history. We all know that when a truck accident occurs then everyone will be pointing the blame at someone else

Trucker’s medical history

The Federal Motor Carrier Safety Administration (FMCSA) mandates that truckers have a Medical Examiners’ certificate in order to operate a big rig or tractor trailer. The loophole in the regulations is that medical examiners may rely on the trucker’s medical history questionnaire that the trucker is required to fill out. The examiners are not required to look at actual medical records. This loophole is known to cause truck accidents by medically unfit or unsafe truckers leading to serious injury or even fatalities.

Federal Truck rules

The Federal Trucking Rules state: “The medical examiner must be aware of the rigorous physical, mental, and emotional demands placed on the driver of a commercial motor vehicle. In the interest of public safety, the medical examiner is required to certify that the driver does not have any physical, mental, or organic condition that might affect the driver’s ability to operate a commercial motor vehicle safely.”  fmcsa 

Trucker misrepresentation

Truckers often lie, misrepresent or omit important information on the questionnaire relied on by the medical examiner. It is an all too common story. The medical examiner is not provided with the correct information to make a determination as to the trucker’s fitness to operate an 18 wheeler on a highway, throughway, road or street across the United States. The trucking company feels they have met their duty to the public when the trucker has provided a valid, on its face, medical card.

Truck collision

After a truck collision in which a medical condition caused a truck crash, the trucking company and their high powered insurance company’s insurance trucking crash defense attorneys will be figuratively yelling and screaming from the rooftop : “The trucking company acted reasonably because he had a medical card”. The insurance adjusters for the truck company for their part will deny negligence and deny liability and fault for the deadly or catastrophic motor vehicle wreck.

Best trucking accident lawyers in Rhode Island

The best trucking accident lawyers in Rhode Island and Massachusetts (Mass.) will be high powered personal injury lawyers or Wrongful death attorneys who know better than taking the insurance company at face value!! The insurance company’s argument is often based on a false premise that the trucking certificate of fitness was valid in the first place. The best Rhode Island truck accident lawyers will prove that the trucking company knew or should have known that the driver had a medically disqualifying condition or knew or should have known that the driver mislead the medical examiner or omitted crucial information. Local RI inexperienced rear end car accident lawyers or Massachusetts motorcycle crash attorneys will be unqualified and underfunded to take on big insurance and their divisive, heavy-handed and underhanded tactics.

Top truck accident lawyer in RI

A top RI or MA truck accident or Providence / Boston wrongful death attorney will argue that the trucking company had a duty to obtain the records from the medical examiners. This is an even stronger argument if the trucking company had reason to believe that the trucker had a serious medical condition which could put pedestrians, motorcyclists, motorists, bus passengers, bicyclists and other at risk of injury or death.

Trucking companies

Trucking companies often possess information concerning unfitness of their drivers such as obvious physical conditions or symptoms that are patently obvious, prior medical emergencies they are aware of or information that is disclosed to them in one form or another. Trucking companies will often ignore this information which tends to discredit the medical certificate of fitness of the trucker. The profit driven company will rationalize that it is not their responsibility to protect the public, but it is only their duty to make sure that they do the minimum to insure that all their truckers have satisfactorily passed the medical examination as required by federal law.  Therefore, the fact that the trucker lied to the medical examiner will never see the light of day unless there is a serious crash and litigation and extensive discovery is commenced.

Semi accident

The Insurance defense Semi truck accident defense lawyers will assert that there is nothing in the federal rules that require trucking companies to request such records and there is no requirement that medical examiners furnish such report. Nonetheless, nothing in the federal rules PROHIBIT such records be sent to an employer.

Trucking wreck

Insurance defense motor vehicle accident lawyers are well known for fighting in court, vehemently, attempting to keep the injured victim’s car accident attorneys and big rig collision lawyers from obtaining pertinent records such as applicable medical records. The trucking wreck litigation or fatal tractor trailer crash cause of action usually comes in the form of a negligent entrustment of the big rig or a negligent hiring negligence cause of action.

Physical exam

A physical examination must be performed by a licensed medical examiner that took applicable classes and passed an exam for certification. To be a licensed medical examiner you must be an Medical doctor, a DO, Physician Assistant, APN or DC.

“(a) Except as provided by paragraph (b) of this section and as provided by § 391.42, the medical examination must be performed by a medical examiner listed on the National Registry of Certified Medical Examiners under subpart D of part 390 of this chapter.” fmcsa

Medical history form

In addition to the physical examination, a trucker must complete a medical history form. This form mandates that a truck driver answer a series of pointed medical history questions either “yes” or “no”. If a trucker answers any question in the affirmative then the driver must answer further questions concerning the potentially disqualifying medical condition. Once the trucker discloses a medical condition then the trucker must disclose further information regarding the medical condition

Dangerous truckers on the road

If the medical examiner is not clued in concerning a pertinent and relevant medical condition he may do a perfunctory physical examination or not look into that issue at all. If the medical examiner relies on a trucker’s false, misleading or incomplete answers they may not request further medical records. This loophole often puts dangerous truckers on the road often leading to truck collisions causing serious injury or even deaths / fatalities.

18 wheeler crash

49 CFR 391.41 sets forth certain medical conditions which disqualify a tractor trailer trucker from operating an 18 wheeler in any State including the Commonwealth of Massachusetts and Rhode Island and Providence Plantations as well as Boston Mass.

“(3) A person is physically qualified to drive a commercial motor vehicle if..”(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control… The federal rules also list numerous medical conditions which would disqualify a semi operator from operating a semi truck (tractor trailer) in The United States. These rules state that these below conditions must “interfere with his/her ability to operate a commercial motor vehicle safely” 49 CFR 391.41

See also 527 U.S. 516 (1999 )MURPHY v. UNITED PARCEL SERVICE, INC.No. 97-1992. United States Supreme Court.(American with Disabilities Act acause of action) Scholar 

Medical disqualification

The types of conditions that will cause medical disqualification include serious cases of cardiovascular disease “known to be accompanied by syncope, dyspnea, collapse”, hearing issues, epilepsy, vision problems, insulin use, or congestive cardiac failure, alcohol and drug problems, arthritis, psychiatric disorders, “clinical diagnosis of high blood pressure”, “current clinical diagnosis of alcoholism” etc.

Medically unfit driver’s “doctor shopping”

Another serious issue is medically unfit driver’s “doctor shopping” to obtain a certificate from a compliant yet unethical medical examiner. This will be addressed in part 2 of 3 of this  RI truck accident / truck crash series. If involved in a truck accident in RI or MA, please contact a Rhode Island truck accident attorney. The NTSB stated ““In the absence of a mechanism to track all medical certification examinations, a commercial driver with a serious medical condition who is denied a medical certificate by one examiner may be able to obtain a medical certificate from another examiner, thus subverting the purpose of the medical certification process,” the NTSB report noted. “The failure of the medical certification process to remove unfit drivers is a systemic, not an isolated, problem.” Fleetowner 

Source “Never Should Have Been on The Road in the First place”, Attorney R James Amaro The Lawyer’s Log Book.

Filed Under: Truck Collision

By David

Rhode Island Personal Injury lawyer | Slepkow Law

Rhode Island Personal Injury lawyer
Rhode Island personal injury lawyer

Even though multi-vehicle pileups in Rhode Island are rare occurrences, they can cause life-threatening injuries, especially when the chain reaction accident happens at high speed. Multi vehicle collisions can occur from various factors. Many RI vehicular crashes involve one vehicle colliding into the back of another causing a chain reaction. High-speed crashes that involve multiple automobiles, motorcycles and semi-tractor trailers often produce numerous fatalities.

Compensation for multi vehicle wreck

These types of collisions are stressful and often lead to a complicated legal process as victims attempt to recover damages to compensate them for lost wages, pain and suffering and mounting medical and surgical bills. Victims and surviving family members must often fight aggressively to obtain the compensation they deserve from every party at fault for the collision. Because of that, they often turn to reputable Rhode Island personal injury attorney who specializes in litigating multi-vehicle accident claims and lawsuits in Providence Superior Court.

 Rhode Island personal injury lawyer

The initial factor of what caused a multi-car wreck can usually be narrowed down to a single negligent action of one motorist. However, determining what parties are responsible for a RI multi-vehicle automobile accident is often a daunting and confusing task. You will need a Rhode Island personal injury attorney on your side getting you the compensation that you are entitled to for your injuries. Proving responsibility is a crucial element to resolving a Providence RI car accident or motor vehicle crash claim.

Most cases involving RI auto collision compensation are structured around the negligence, recklessness or careless action that caused the accident. Usually, the individual found at fault for the vehicular trucking or motorcycle crash will be required to pay all of the damages caused by their negligence to every victim and surviving family member (acting through the executor of the deceased estate).

Proving fault

Proving fault in a court of law in Kent, Newport or Providence County or to a claims adjuster usually requires a thorough investigation performed as quickly as possible by the Rhode Island personal injury attorneys. This will ensure that all crucial evidence is preserved. Investigators can determine the cause of the multi-vehicle pileup accident. Most claims for compensation are based on factors that include:

• Low visibility created by intense thunderstorms, high winds, blinding snow, freezing sleet or rain showers
• Defective roadway design
• Tailgating or driving too close to the vehicle ahead
• Failing to yield or stop
• Lack of needed road maintenance
• Adverse weather and poor climactic conditions
• Racing or traveling at too fast a speed in poor weather
• Driving and fog, smoke or blowing sand
• Distracted driving caused by texting, speaking on the phone, inattention, eating, drinking, conversing with passengers and other disruptions inside the vehicle
• Driving under the influence of drugs or alcohol (drunk driving)
• Rubbernecking where the driver it is distracted while passing some event on the roadway

It is the responsibility of every driver to remain constantly aware of their surroundings to avoid a catastrophic event like a multi-car pileup collision.

Devastating Injuries and Death caused by a Car accident in Rhode Island

Typically, multi-vehicle accidents that occur on the nation’s highways and in Rhode island and Providence Plantations usually result in serious permanent injury or death. Survivors of a multi-vehicle pileup usually suffer catastrophic life-altering harm that includes:

• Severe burns
• Spinal cord injury including paraplegia and quadriplegia
• Traumatic brain injury (TBI), skull fractures, head trauma and scalp lacerations
• Facial injury including bruises, cuts, lacerations, broken bones and broken teeth
• Permanent scarring
• Upper and lower extremity fractures and broken bones
• Internal organ damage
• Limb amputation
• Intangible damage including pain, suffering, emotional distress, mental anxiety and other conditions including PTSD (post-traumatic stress disorder)

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Filing a Claim for Compensation in Providence Superior Court using a Rhode Island Personal Injury Attorney

In some situations, there are multiple proximate causes of a serious pileup accident, making the case difficult to litigate. As a result, victims and surviving family members will often hire RI personal injury attorneys experienced in these types of cases. Car accident lawyers in RI are experience in negotiating out-of-court settlements with uncooperative drivers and their insurance companies. This can ensure the victim receives the best possible compensation.

Personal injury law firms in Woonsocket, Warwick, Cranston and Pawtucket have access to extensive resources to build a case for financial recompense. Lawyers working on behalf of the victim will file a claim or lawsuit against all parties at fault. In addition, the RI Injury Lawyer will gather evidence, speak to eyewitnesses, review medical records and hire investigators to re-create the scene of the accident to prove the case for compensation.

If you have suffered serious injuries or lost a loved one in a multi-vehicle crash, it is essential to file a claim or lawsuit using a Rhode island personal injury attorney as quickly as possible. This is because litigants lose all rights to file a claim once the state’s statute of limitations expires.

In the event of a fatal automobile or motor vehicle accident the spouse, loved ones or family members acting through the RI wrongful death lawyer retained by the executor of the estate can seek compensation as a result of the deadly accident. In the event of a multi vehicle wreck in which more than 1 person was killed then there may be numerous Rhode Island wrongful death attorneys litigating the cause of action

“Statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads. This is why NHTSA urges all motorcycle riders to always ride smart and sober.”  nhtsa 

Filed Under: Personal Injury

By David

Snowmobile Accident Lawyer in Rhode Island Seeking Compensation

Snowmobile accident lawyers in Rhode Island are keenly aware of the dangers of snowmobiles. Sadly there are too many snowmobile accidents in Rhode Island. Snowmobiles are engineered to travel on either snow or ice. Most seat two people on a centered single seat with the driver in front and any passengers in line behind the driver. They accelerate rapidly, and they’re surprisingly maneuverable. Their propulsion is provided by an engine and a tracking system from about the middle of the snowmobile to its rear. Two skis are at the front that are used for turning. Today’s snowmobile can weigh over 600 pounds and travel at speeds up to 100 miles per hour.

Snowmobile accident in RI
Rhode Island snowmobile accident attorneys

Given the fact that the snowmobile season lasts about three to four months, the number of annual snowmobile accidents and deaths are frighteningly high. According to the National Institutes of Health, there are about 14,000 injuries and 200 deaths per year from snowmobile accidents.

Snowmobilers are exposed to injury. There’s no steel body surrounding them, and there aren’t any seat belts or air bags to protect them. Most snowmobile crashes in Rhode Island and Providence Plantations result in injuries. The leading causes of snowmobile accidents in RI are set forth in this post.

Excessive speed causing snowmobile accident in RI

This is the leading cause of death in snowmobile accidents. A modified snowmobile can hit speeds around 150 miles per hour. Higher speeds make it increasingly difficult to maneuver or stop snowmobiles. That’s why most snowmobile accidents in Rhode Island involve fixed objects like trees or telephone poles. Survivors often suffer traumatic brain injury (tbi) and spinal cord injuries along with very serious fractures.

“According to the Douglas County Sheriff’s Office, Robert Kaye of Afton, Minnesota, was riding a snowmobile in Gordon, Wisconsin, on Saturday evening when it went off the path and crashed into trees. The sheriff’s office says members of his snowmobiling group discovered the crash when Kaye failed to arrive at a checkpoint” CBS

Alcohol leading to snowmobile accident

Coupling speed with alcohol can be catastrophic. Along with impairing judgment and coordination, alcohol significantly contributes to hypothermia if an accident occurs. According to the Milwaukee Journal Sentinel, the speed and alcohol combination was suspected in 65 percent of the Wisconsin snowmobile fatalities in 2014.

Snowmobiling at night

Vision is limited at night, especially at high speeds with only one headlight. Most snowmobile accidents occur between 8:00 p.m. and 3:00 a.m. Combine speed, alcohol and decreased visibility, and snowmobiling after sundown can become increasingly dangerous.

Drowning

Snowmobiling on frozen bodies of water, particularly on rivers can be quite dangerous as ice conditions can change in a matter of a few hours. Ice can break, or snowmobiles can even be driven into open water. Note that buoyant snowmobile suits are available.

Don’t drink, avoid excessive speeds

When you’re traveling on a snowmobile, don’t drink, avoid excessive speeds, slow down at night, and avoid traveling on lakes and rivers. Stay alert and safe, and be sure to be on the look out for other snowmobilers. If you are injured in a snowmobile accident in Rhode Island , please contact a RI personal injury lawyer who is also a Rhode Island snowmobile accident attorney.

  • “Three days after a Groveton man was found dead at the scene of a snowmobile crash, investigators are still trying to learn more about what happened. About 7 p.m. on Saturday a snowmobile rider stopped at a house on Nash Stream Road, reported there was a crash “up the road” and left without providing any additional information, said Conservation Officer Glen Lucas.” NHPR

A RI snowmobile accident lawyer will help you get the compensation that you deserve. Snowmobile accident attorneys in RI are more effective then the garden variety whiplash car crash lawyers because they have experience in complex snowmobile collisions and crashes.

Filed Under: Personal Injury

By David

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

Rhode Islan rear-end car collision
RI rear ender

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:

  • www.safebraking.com/nhtsa-28-of-crashes-are-rear-end-collisions
  • https://www.washingtonpost.com/news/dr-gridlock/wp/2015/06/08/there-are-about-1-7-million-rear-end-collisions-on-u-s-roads-each-year-heres-how-to-stop-them/
  • http://www.ntsb.gov/safety/safety-studies/Pages/SIR1501.aspx
  • http://rearendcollision.net/what-percentage-of-car-crashes-are-rear-end-collisions/
  • http://www.medscape.com/viewarticle/410440
  • http://www.auto-accident-resource.com/statistics.html

Filed Under: Rear-end auto accident

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