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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.

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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 

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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.

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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:

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Rhode Island Carbon Monoxide Wrongful Death Lawyer

Whether you are at home, at work, or even in your car, carbon monoxide can strike, leaving death and permanent devastation in its wake. Carbon monoxide is a poisonous gas that is both colorless and odorless. It is produced any time you burn fuel. This fuel may power common possessions such as your household kitchen appliances, vehicle, or furnace. As such, anyone can find himself or herself at risk of accidental carbon monoxide poisoning. If you were seriously injured as a result of carbon monoxide or a family member died from Carbon monoxide, contact a Rhode Island carbon monoxide death lawyer.

carbon-monoxide-death-lawsuit
Victim Killed by Carbon Monoxide poisoning

Carbon Monoxide death in RI

According to the Centers for Disease Control and Prevention’s National Center for Environmental Health, each year more than 400 Americans die from carbon monoxide poisoning that is not related to a fire.

More than 20,000 people go to the hospital, and more than 4,000 people are hospitalized. Poisoning Frequently Asked Questions. (2015, December 30). Retrieved from CDC 

Silent but Deadly

If your loved one, child, mother, father, husband or wife were killed in a deadly gas accident in Rhode Island or Massachusetts(MA)  then you should contact the best RI carbon monoxide wrongful death attorney in RI or MA. A Providence wrongful death lawyer is also a RI injury attorney who can help you get the compensation you deserve.

Fatalities

Special care should be taken during the winter. More fuel-fired products like fireplaces, space heaters, wood burning stoves, and furnaces are used when cold weather strikes. So it follows that with each winter season, comes an increased risk of carbon monoxide poisoning. In 2012, an estimated 53% of carbon monoxide deaths occurred during the four coldest months – November, December, January, and February. Hnatov, Matthew. (2015 October). Non-Fire Carbon Monoxide Deaths Associated with the Use of Consumer Products 2012 Annual Estimates. Retrieved from the CDC 

RI accident

There are many ways to prevent tragic accidents resulting from carbon monoxide poisoning in Rhode Island and Massachusetts. In the home, it is key to own a working carbon monoxide detector. Additionally, in the event of a power outage, you should never operate a generator in the home or garage. A technician should check any fuel-burning appliances annually, and these appliances, as well as chimneys, must be properly vented and checked for obstruction. In vehicles in Rhode island and MA, it is critical to never leave a vehicle running in a garage attached to a home. A mechanic should check the exhaust system of the vehicle each year. What’s more, you must make sure your vehicle’s exhaust pipe is free from obstruction.

Accidental injury

Even if you take precautions, what should you do if tragedy still strikes? Accidents certainly happen. However, there are times when someone has acted negligently, resulting in permanent injury or death to you or a loved one. If so, you may be able to recoup lost wages, medical costs, pain and suffering, as well as additional damages. That negligent someone may be a manufacturer, landlord, or an employer. If you suspect negligence, you should seek the advice of an experienced  Rhode Island wrongful death attorney who is also a RI carbon monoxide fatality lawyer. A Rhode Island personal injury attorney can evaluate your case and launch an investigation to determine whether a party has in fact acted negligently and whether you may recover damages.

Carbon Monoxide death on a boat

“An autopsy found that carbon monoxide was a contributing factor in the drowning death of a University of Cincinnati student-athlete in May, according to the Hamilton County Coroner’s Office.  The Ohio Department of Natural Resources said the body of Allyson Sidloski –a 21-year-old UC women’s soccer player from Strongsville, Ohio – was recovered around 1 a.m. on May 23 at William H. Harsha Lake in Clermont County.  “It is my opinion, based on the autopsy findings and the information available to me at the time of the autopsy that the cause of death is drowning and the contributory cause of death is carbon monoxide intoxication,” Deputy Coroner Russell Uptegrove wrote in a June 17 opinion.” Cincinatti.com

Rhode Island carbon monoxide death lawyer

 Heater leaks: “SOUTH CHARLESTON, W.Va. — A swimming pool heater apparently caused a carbon monoxide leak that killed one man and critically injured another at a Corridor G hotel on Tuesday morning. Officials were called to the Holiday Inn Express at Corridor G around 10 a.m. and arrived to find one man dead and another unresponsive, said Lt. G.E. Amburgey of the South Charleston Police Department. Both men were in their beds. The men were part of a group of construction workers staying at the hotel. When they did not show up for a morning meeting, two other workers were sent to check on them. Those two workers were also overcome by the carbon monoxide. On Tuesday evening… The critically injured man, who was not identified as of Tuesday evening, was taken to CAMC General Hospital; the two others were sent to Saint Francis Hospital. Later Tuesday, eight other members of the construction crew complained of feeling ill, South Charleston Police Chief Brad Rinehart said. Rinehart, who was not at the scene, said he understood the workers were taken to a hospital in a KRT bus. Moran and his co-workers were on the hotel’s fifth floor, but carbon monoxide levels were high in other parts of the hotel as well, – See more at: wvgazette

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RI Product Liability Lawyer | Defective Product Attorney

Rhode Island Product Liability Lawyer

If you or a loved one was injured as a result of a defective or unreasonably dangerous product, it is crucial that you immediately retain a Rhode Island Product Liability attorney. Most importantly, save the actual product in a safe place for testing and viewing.  It is critically important that you retain a very experienced liability attorney who has the resources to hold the corporation who manufactured the product accountable for their actions.  A RI product liability lawyer will help you get the compensation you deserve if you were injured by a defective or dangerous product. If you suffered Parkinson’s disease as a result of paraquat exposure contact a paraquat litigation lawyer

RI defective product litigation

Every week, numerous people are injured by shoddily designed products. Tragically, some people are killed by defectively or poorly designed products. If your loved one died as a result of a defective drug, medical device or product then you should retain a product liability lawyer (a RI product Liability lawyer) with experience in RI wrongful death litigation.

As a consumer of product and medical devices in Rhode Island and Providence Plantations, you should have the expectation that you will be utilizing safe products. Corporate America is legally obligated to manufacture and design consumer products in a safe and efficient manner. Some injuries are caused by improper warnings while others by improper design or a mistake in manufacturing.

RI Product Liability Lawyer

Corporate America and their insurance providers will fight every product liability injury cause of action as if the future of their company is on the line. The reason for this is because they do not want to send a message to future litigants and their RI personal injury attorneys that they will compensate injured victims in the future. The companies are concerned that if they properly compensate victims, the floodgates of litigation may open wide.

Nonetheless, many products are defectively designed and are hazardous and unsafe. If you were seriously injured by a poorly designed product or a loved on was killed in a fatal product accident, it is crucial that you retain a top product liability attorney in  Providence, Rhode Island who will fight for the justice and compensation that you are entitled to.

workers compensation and 3rd party liability

Some work related injures or employment accident involve workers compensation claims as well as third party liability causes of action “Regardless of the size of a business, it is important that when a claim is made the right products liability attorney be contacted. For those who do not have a regular attorney on a retainer it is sometimes difficult to know where to locate someone who is experienced and schooled in this area of the law.” http://www.lawyersource360.com/products-liability-attorneys/ 

In some cases the product liability Attorney in Rhode Island will explore whether the manufacturer provided proper warnings of the dangers of utilizing the product or drug. “Pharmaceutical giant Pfizer is facing a mounting wave of lawsuits by women who allege that the company knew about possible serious side effects of its blockbuster anti-cholesterol drug Lipitor but never properly warned the public.” http://www.drug-injury.com/drug_injury/

 A defective or dangerous product could include:

  • medical devices
  • child toys, cribs or products designed for children, toddlers or infants
  • defective and unsafe prescription drugs or over the counter medication

 You may be entitled to the following types of compensation as a result of an injury by a defective drug or product:

  • Lost wages (lost earning capacity)
  • Pain and suffering
  • Loss of consortium
  • Payment of medical bills, medical device and medical/ hospital treatment

Typical types of accidents caused by defective products:

  • Side effects caused by medication
  • Malfunctioning tools or medical devices

Types of products causing injury:

 “Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word “product” has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.“  http://en.wikipedia.org/wiki/Product_liability

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.

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Rhode Island Stop Sign Accident Attorney | Voted Best 3 Lawyer in RI

There have been numerous studies done for the purpose of helping to understand the types of accidents that occur at stop signs in The United States and in Rhode Island. These stop sign accident research projects will help to institute some type of counter measures to help prevent these accidents.

Rhode Island Stop Sign Accident Attorney

Statistics show that nearly 700,000 motor vehicle crashes reported annually to police occurred at stop signs.  J Safety Res. 2003;34(5):485-9. Analysis of motor-vehicle crashes at stop signs in four US cities. Retting RA1, Weinstein HB, Solomon MG. http://www.ncbi.nlm.nih.gov/pubmed/14733981  It was found that approximately one-third of those accidents involved injuries and some serious injuries.  Id.

Stop sign accident in RI

Stop sign accident lawyers
Stop sign car crash

There are several subtypes of stop sign violations to consider.  The central issue appears to be did the driver stop or not stop. Wet, slippery and slick road conditions such as snow, ice and rain can all factor into motor vehicle and car stop sign collisions. These stop sign accidents are among the most common kinds of accidents.

“A lot of the major causes overlap with each other. For example, it’s possible for someone to be driving drunk and high, in bad weather, in an SUV, at high speed, while tired, while being distracted or lost in thought. It’s also possible for that person to be not wearing their seatbelt while driving through a red light or a stop sign on the wrong side of the road in the face on coming traffic.” What are the most common causes of fatal car accidents?    Will Wister Quora

Texting while driving and distracted driving in recent times is also a major cause of intersection car and vehicular accidents.

Rhode Island stop sign intersection accident injury attorney

Driving though a stop sign is a moving violation and you can expect a ticket to be issued by a law enforcement officer. This means you will have a fine to pay and there may be other consequences that occur. These types of accidents can happen at two-way stops or four-way stops and in some instances there are errors in judgment

“Stop sign violations accounted for about 70% of all crashes. Typically these crashes were angular collisions. Among crashes not involving stop violations, rear-end crashes were most common, accounting for about 12% of all crashes. Stop sign violation crashes were classified into several sub types – driver stopped, driver did not stop, snow/wet/ice, and other/unknown. In about two-thirds of stop sign violation crashes, drivers said they had first come to a stop. In these cases, inability or failure to see approaching traffic often was cited as the cause of the crash. Drivers younger than 18 as well as drivers 65 and older were disproportionately found to be at fault in crashes at stop signs.”  Retting RA1, Weinstein HB, Solomon MG. http://www.ncbi.nlm.nih.gov/pubmed/14733981

Rhode Island law

§ 31-17-4  Vehicle entering stop or yield intersection. – (a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs.

   (b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a crosswalk or any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

   (c) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a crosswalk or any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. TITLE 31 Motor and Other vehicles CHAPTER 31-17 Right-of-Way  SECTION 31-17-4

Rear-end collisions at stop sign

These types of accidents ( stop sign accident)  often cause a rear-end collision where the driver behind you either does not see you stopped or he is distracted. You could also be hit from the side which is called a T-bone crash  or side impact collision and can end up with severe injuries to the driver and his or her passengers.  An automobile (auto) Running a stop sign can also be the cause of serious or even deadly results to pedestrians and bicyclists.

In approximately two-thirds of the stop sign accidents that occur the driver stated that they had come to a stop. The failure or inability to see the approaching traffic was cited as the cause. This could be form an obstruction such as foliage too close to the sign, a new sign that wasn’t there previously or also that the sign could not be seen from a distance.

Measures to prevent intersection stop sign crash

Types of counter measures that have been discussed include revamping intersection designs, changing the traffic control methods and increasing the sight distance. They have also discussed the pavement markings and means to improve them so they can be seen.

If you are involved in this type of accident and injured you should, if you are able to, take pictures of the crash. An injured victim will also want to hire the best stop sign accident personal injury attorney in Rhode Island. A RI car accident causing personal injury is a serious matter requiring the legal skills of one of the best Rhode Island car accident lawyers. A  top Providence car crash attorney will also have experience as a Rhode Island personal injury attorney.

Stop sign violation penalties in Rhode Island are not as significant as some other types of infractions and criminal offenses such as reckless driving, drunk driving death resulting and speeding but could still result in a fatality or serious personal injury such as a fracture, traumatic brain injury (TBI). Stop sign violations and infractions may have an impact on your driving record and insurance rates.

Many people are wondering if there are accident at stop sign rules. If a motorist is asking, “i hit a car that ran a stop sign in RI, what do I do.”

T-bone / side impact motor vehicle stop sign accident intersection wreck

In some instances a stop sign crash is fatal. Here is an example of a deadly t-bone intersection motor vehicle collision:

“The Wyoming Highway Patrol was called by the Laramie County Sheriff’s Office to assist with the investigation of a fatal crash east of Cheyenne in Laramie County yesterday that resulted in the death of 32 year old Laramie County resident Joseph D. Redmond.  The crash occurred at 11:44 a.m at the intersection of Dell Range Blvd and Whitney Rd. Redmond was driving a 1985 Nissan pickup into Cheyenne traveling westbound on Dell Range Blvd prior to the crash. A second vehicle, a 2013 Ford Fusion, being driven by 65 year old Chugwater, Wyoming resident William Eric Rassmussen, was northbound on Whitney Rd at the time of the crash. Rassmussen failed to observe the stop sign at the intersection of Whitney and Dell Range and entered the intersection colliding with Redmond in a T-Bone type crash. Both drivers were in proper use of seat belts and were not ejected. Both drivers were transported by ground ambulance to Cheyenne Regional Medical Center in Cheyenne. Joseph D. Redmond succumb to his injuries at the hospital. Distracted driving is being investigated as the contributing factor in this crash and charges are pending. The crash marks the 55th highway fatality in Wyoming for 2016.” World Now

If a family member, spouse, son, daughter, husband or wife was killed in a fatal car, truck, motor vehicle or motorcycle accident, contact a Rhode Island wrongful death lawyer. A RI wrongful death attorney will fight to get you the justice you deserve for the fatal motor vehicle collision,

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Rhode Island Construction Accident Lawyer | Slepkow Law (Est. 1932)

Every year, hundreds of Rhode Island construction workers are injured in construction site accidents in Rhode Island and Providence Plantations. Sadly many of these construction site mishaps were preventable and were caused by the negligence, carelessness and malfeasance of construction site managers and general contractors.

RI personal injury attorney, David Slepkow,  firmly believes that most construction accidents are preventable. A RI construction accident  is a tragic event and everything possible must be done to prevent such RI construction accidents. Those responsible should be held accountable for the injuries suffered by workers and others injured in construction mishaps.

RI construction accident lawyer

Construction Scaffold Accident
Rhode Island construction accident attorney

Construction site managers, general contractors and others in charge of a construction sites often ignore hazardous working conditions and put employees and construction workers in perilous and high risk situations.

A top RI construction accident attorney will hold the negligent tortfeasor liable for their malfeasance. It is not acceptable for construction site managers to put construction workers in risky and unsafe working conditions

Crane accidents and scaffolding fall accidents

Crane accidents and scaffolding fall accidents are by no means the only types of construction accidents necessitating construction site negligence litigation. There are a multitude of other types of construction accidents including but not limited to: operator equipment accident, exploding compressors,  ladder mishaps, welding accidents, cutting accidents, building collapse, structural failures, forklift accidents, nail gun incidents and building collapse. Other types of  Rhode Island construction mishaps include a trench collapse, crane and lift accidents as well as structural collapses.

Construction accident attorney in Rhode Island

The statistics establish that construction is one of the most hazardous commercial and industrial activities. In order for a site to be safe for construction workers management must give careful attention to safety measures. The most predominate types of these types of deadly construction accidents  are falls, workers being struck by objects (falling, or swinging),as well as electrocutions.  According to OSHA, “Out of 4,386 worker fatalities in private industry in calendar year 2014, 899 or 20.5% were in construction-that is, one in five worker deaths last  year were in construction.”  OSHA  

Fall accident at construction site

If you were injured in a ladder fall, fall from an opening in a roof or fall off an edge of a building or structure then your Rhode Island construction accident attorney will need to retain a top RI structural engineer to establish a breach of safety standards or negligence.

The Philadelphia Construction Accident Lawyers at Edelstein Martin and Nelson state: “Some of the most serious physical injuries at construction sites, including paralysis, traumatic brain injury and death, are a result of falling objects or debris.  The most common type of objects which fall from above at construction sites are handheld tools, loose masonry, loose concrete and unsecured loads from cranes or mechanical lifts.” Law PA 

A construction accident could also be a car, truck or front loader accident or even a garden variety slip and fall on ice snow or other substance.

Leading causes of construction accident

OSHA reports: “The leading causes of worker deaths on construction sites were falls, followed by electrocution, struck by object, and caught-in/between. These “Fatal Four” were responsible for more than half (57.6%) the construction worker deaths in 2014, BLS reports. Eliminating the Fatal Four would save 518 workers’ lives in America every year.

  • Falls — 359 out of 899 total deaths in construction in CY 2014 (39.9%)
  • Electrocutions – 74 (8.2%)
  • Struck by Object – 73 (8.1%)
  • Caught-in/between – 12 (1.3%) Osha

A Rhode Island personal injury lawyer or a Providence injury lawyer will help you get the compensation you deserve and are entitled to as a result of you construction accident.

“There are numerous types of scaffold related accidents including falls from scaffolds, slip and fall, premises liability causes of action, materials or objects falling and hitting workers or pedestrians below. Sometimes,  materials falling from a scaffold could cause a RI car or truck crash. Some scaffold related accidents are deadly and the fatal accident leads to wrongful death litigation by the beneficiaries of the estate of the person killed in the mishap.” Scaffolding accident

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Slip and Fall at the Supermarket in RI | Slepkow Law

Supermarkets in Rhode Island and Massachusetts are possibly the most likely businesses to experience regular slip and fall accidents that injure customers. There is constant activity on the sales floor at any supermarket as shelves are continually being filled by staff while customers eliminate the inventories. This flurry of activity is also often done in haste as well, adding to the failure to provide a reasonable duty of care for the shoppers.  A Rhode Island slip and fall attorney can help you get the compensation you deserve.

Wet Floors in Supermarket causing slip and fall

Supermarket slip and fall in RI
Supermarket accident

Failure to clean up a mess on the sales floor is one of the most common reasons for a slip and fall injury. Stores must mop the floor as soon as possible and then post signs in conspicuous locations around the area that indicate the spill cleanup is still in the drying phase.

The floor should be inspected before the signs are removed. It is not just enough to mop the area and leave it unmarked or attended. This safety responsibility is especially important in any area that displays liquid products or in the fruits and vegetables isle.

Tripping on displays

All supermarkets use action alleys to display advertised merchandise, and these are often overloaded or create close quarters in a specific section of the sales floor. The possibility for tripping on the edge of the display always exists. Trip and fall injuries can also occur when other displays are too close for the customer to have ample clearance to navigate the floor. And of course, some displays become centers of attention for many shoppers as well, so the congested shopping areas can also be problematic. It is the responsibility of the store workers to ensure that customers have ample room to browse in a safe manner.

Falling Displays

Store shelves are usually designed according to a specific plan-o-gram that also includes safety considerations in the design. However, these plans are not always used in many stores and the upper level of the shelving is regularly used to store larger items, which are also much heavier in many instances. Storing heavy products over the head of customers is never a good store decision, and it is also important for customers to be aware that many stores are lax in this area of safety concern. The irresponsibility in this type of floor model can also be a component of a store standard negligence claim.

These are just examples of how personal injuries can occur in a supermarket. Regardless of the store type or location, the central point that must be proven in an injury claim is that the store operators were negligent at least in part in their approach to the structural or display issue that actually allowed the injury to occur

Rhode Island Island premises liability law

“Owners and possessors of property have an affirmative duty: “to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an 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.”Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744, 752 (R.I. 2000)(citing Cutroneo v. F.W. Woolworth Co., 112 R.I. 696, 698, 315 A.2d 56, 58 (1974)); see also Kurczy, 820 A.2d at 935.”

“Utilizing that standard, this Court has recognized instances in which injured plaintiffs failed to satisfy the burden of proving a business owner’s negligence because of a lack of evidence demonstrating how long a dangerous condition existed, or whether the owner knew or should have known of its existence. See Massart v. Toys R Us, Inc., 708 A.2d 187, 189 (R.I.1998) (per curiam) (Court affirmed judgment in favor of toy store because of lack of evidence showing that employees knew of fallen basketball hoop in aisle before girl was injured); see also Barone, 767 A.2d at 68(retail store properly granted judgment in slip-and-fall case in which the plaintiff presented no evidence of the nature and extent of the alleged puddle of water at the site of her fall and no proof concerning length of time alleged condition was present);Gleason v. Almac’s, Inc., 103 R.I. 40, 42, 234 A.2d 350, 351 (1967) (trial justice improperly denied judgment in defendant’s favor because there was insufficient evidence that store had notice of roll of film on floor and no testimony about store policy on maintaining a safe condition for customers).” Quote from:  840 A.2d 1103 (2004)Virginia MEAD et al.v PAPA RAZZI RESTAURANT et al. No. 2002-648-Appeal. Supreme Court of Rhode Island. January 9, 2004. 1104*1104 Mark P. Dolan, Providence, for Plaintiffs. Jeffrey H. Garabedian, Providence, for Defendants. Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, FLAHERTY, and SUTTELL, JJ. OPINION PER CURIAM.

If you were injured in a slip and fall in Rhode Island contact the best Rhode Island slip and fall lawyers. Providence slip and fall attorneys and RI injury lawyers can help you get the compensation you deserve as a result of your supermarket premises liability cause of action in RI and Providence Plantations

More information

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Johnston RI Injury Lawyer | Vehicle Wreck Representation

This article was authored by a Johnston personal injury lawyer. Car accidents are becoming an increasing problem in the United States as well as in localities such as Johnston RI. While heavy traffic is a common cause of these accidents, the use of cell phones has increased the number of serious crashes.

johnston-car-accident-lawyers
Personal injury attorneys in Johnston RI

According to the National Highway Traffic Safety Administration 431,000 people were injured in 2014 due to distracted driving. If you or someone you love has been injured in a car accident in Johnston, it may benefit you to contact a Johnston car accident lawyer for advice.

Johnston Car accident attorney

After a Johnston RI car accident, it can be difficult to know what to do next. If you were injured due to another drivers carelessness, you may be able to recover some of your expenses in a personal injury lawsuit in providence superior Court. While this is a complex process, a Johnston personal injury attorney may be able to help you navigate through this legal process.

“Johnston is a town in Providence County, Rhode Island, United States. The population was 28,769 at the 2010 census. Johnston is the site of the Clemence Irons House (1691) a stone-ender museum[3] and the only landfill in Rhode Island. Incorporated on March 6, 1759, Johnston was named for the colonial attorney general, Augustus Johnston.[4][5]” https://en.wikipedia.org/wiki/Johnston,_Rhode_Island

Johnston
Johnston Rhode Island wreck

The law places time restrictions on how long you have to file a lawsuit after an accident. In Rhode Island, you have 3 years from the date of the accident to file a personal injury lawsuit in Providence Superior Court. Once this date has passed, you will no longer be able to pursue the matter in court. A Johnston car accident attorney can get your case filed quickly and let you know if there are any exceptions in your case. 

Insurance Company Negotiations

A personal injury lawyer in Johnston has extensive experience negotiating with the opposing insurance company. He  or she will also gather any information to help prove your case. This may include police reports, witness statements and any photographs taken at the accident scene. A  Rhode Island personal injury lawyer also has experience calculating your lost wages and medical bills so you can be sure you receive a settlement that will cover all your expenses.

Advocates For You In Court

Your Rhode Island car accident attorney will be your voice in court. He will work to protect your interests in the case, so you get a fair settlement for your injuries, lost wages and medical bills.

  • “JOHNSTON, R.I. (WPRI) — A car crashed through the storefront of a Johnston business Tuesday, according to Police Chief Joseph Razza. The car was parked in front of Supreme Star Fitness & Cafe on Atwood Avenue. Razza said the driver had mistakenly pressed on the accelerator instead of the brake, propelling the car forward into the store’s glass window. Owner Daniel Ortiz said he was shocked when he heard the crash from the other side of the building. “I ran up here and I saw the window was smashed and a car inside, I would say it was about 80% inside,” he recalled. “It was an older gentleman, and I didn’t really want to get mad at him because people make mistakes.” WPRI

If you have been injured in a car accident in Johnston, contact a personal injury attorney for advice. During a consultation, he will go over the details in your case and help you decide how to move forward. Hiring an auto accident attorney in Johnston to represent you in an accident case is a step toward gaining control of your financial future. In addition, you will be able to focus your efforts on recovering from your injuries and getting back to the life you had before you were injured at the hands of another driver.

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