This motorcycle crash article was authored by Rhode Island motorcycle accident lawyer, David Slepkow. Motorcycles are a popular mode of transportation all over the United States, including Rhode Island.
Rhode Island motorcycle accident lawyer
While motorcycles are popular, riders can be seriously injured when involved in a motorcycle accident. The following is an overview of drunk motorcycle accidents in Rhode Island and the penalties drivers charged with driving under the influence of alcohol may face.
The Number of Motorcycles In Rhode Island
The number of motorcycles registered in Rhode Island have risen over the years. In 2007, there were 29,144 registered motorcycles in Rhode Island. By the end of 2014, there were 32,216 motorcycles on record.
Alcohol Related Motorcycle Fatalities
The number of alcohol related fatalities among motorcyclists in Rhode Island were:
- 27 In 2010
- 26 In 2011
- 28 In 2012
- 24 In 2013
- 22 In 2014
All of these fatal accidents occurred while the motorcyclist or another vehicle involved had a blood alcohol content of over 0.08 percent or more.
Rhode Island DUI Laws
The state of Rhode Island is known for its harsh stance on driving under the influence of alcohol. Drivers are considered too intoxicated to drive a motorcycle or vehicle if their blood alcohol level is over 0.08 percent or more. Those who have not yet reached the legal drinking age of 21 are considered intoxicated at 0.02 percent. Commercial drivers license holders are charged with driving under the influence when they have a blood alcohol content of 0.04 percent or more.
Drivers give their consent to participate in field sobriety tests just by having a drivers license in Rhode Island. If their blood alcohol level is over the legal limit, they are charged with DUI. Drivers can refuse to take the field sobriety test, but this most often results in the automatic suspension of their drivers license for a certain amount of time as determined by the court.
Driving Under The Influence Penalties
The penalties for driving under the influence may vary slightly, depending on the circumstances surrounding the case. However, the penalties are typically:
- Suspension Of Drivers License
- Highway Safety Assessment $500.00
- Community Service Hours As Determined By The Court
- Jail Time
Alcohol is responsible for many accidents, in passenger vehicles and on motorcycles. In addition to jail time and fines, many people are seriously injured or die each year due to alcohol related accidents. If you have been injured in a RI motorcycle accident, contact RI motorcycle accident attorney, David Slepkow.
While most catastrophic accidents in Rhode Island involving drunk driving occur in passenger vehicles and commercial trucks, drunk motorcycle riders are a hazard on the roadways too. Typically, drunk motorcycle accident in RI causes devastating and debilitating injuries and at times can kill the biker and passenger.
This is because the motorcycle rider has little protection when involved in an accident other than clothing and a helmet. Anytime a biker rides their motorcycle while under the influence of alcohol, they pose serious threats to others and endanger the lives of every individual sharing the road. Causing a collision often produces life shattering consequences for themselves, their passengers and other motorists involved in the crash. If you were injured in a drunk bike crash in the Ocean State, then you should contact a Providence motorcycle accident injury lawyer.
Common Motorcycle Accident Injuries in Rhode Island
Operating a motorcycle while intoxicated usually causes significant injuries to the biker and their passenger. Whether the collision is a single vehicle accident, or involves other motorists, injured parties often suffer a wide range of catastrophic and serious injuries that often include:
- TBI (traumatic brain injury) and head injuries Severe lacerations,
- road rash and burns
- Neck and back injuries
- Knee and shoulder injury
- Internal organ bleeding
- Fractures and broken bones
- Loss of limbs through dismemberment or amputation
- Wrongful death
Even though driving while intoxicated in Providence is a criminal offense punishable by fines and jail time in criminal court, victims are not automatically compensated in drunk motorcycle accidents. Without filing a claim or lawsuit in Providence Superior Court against the party at fault, they endure emotional, financial and physical hardships without compensation. Because of that, many victims of drunk driving motorcycle accidents in Rhode Island will hire a RI personal injury attorney or Providence motorcycle accident attorney to handle their case.
Motorcycle accident attorney RI
When driving sober, bikers have a 35 times greater risk of dying in a vehicle accident compared to other motorists on the roadway. When operating their bike intoxicated, that number increases even higher. When the biker is at fault for the accident, they can be held legally liable for their negligence when causing others injuries, death or destruction of their property. A driving drunk motorcycle rider causing an accident will be legally liable to cover the losses, damages and injuries suffered by victims and surviving family members. In a successful lawsuit or claim, the victims are compensated by the drunk motorcycle rider to cover a variety of their expenses including: • Hospitalization , medical bills, physical therapy and rehabilitation • Lost earnings from time away from work • The loss of potential earnings in the future • Recovery of property damage including the costs involved in fixing, repairing or replacing their vehicle damaged in the accident • Pain, suffering and mental anxiety • Grief in a wrongful death case In many incidences, the victim dies as a result of the drunk motorcycle accident in Rhode Island and Providence Plnatations, survivors might lose the ability to meet financial obligations of the family. Because of that, survivors can file a wrongful death lawsuit in Rhode Island Superior Court against the drunk biker to recoup all losses including funeral expenses and burial costs.
Hiring a RI Bike accident Attorney
Seeking financial compensation through a drunk driving motorcycle accident claim or lawsuit in Rhode Island can be difficult. The complexities of state tort law require the victim or surviving family members to prove how the motorcycle rider directly caused the accident involving injuries or death. Because of that, many will hire a East Providence orPpawtucket personal injury attorney who specializes in bike crash cases. A skilled RI motorcycle accident lawyer will build the case for compensation using various legal theories to ensure the injured recover the maximum amount of financial compensation they deserve.
The Barrington, Bristol or Warren law firm will handle every aspect of the case and its legal processes. The RI motorcycle accident attorney will use their honed negotiating skills against the insurance carrier to obtain a satisfactory out-of-court settlement or build a solid case to present in front of a judge and jury. These types of Rhode Island personal injury cases are accepted on a contingency fee basis. This means there is no payment for attorney fees upfront. Reputable personal injury law firms in Rhode Island provide free initial consultations to discuss the merits of the case and all potential legal options on how to proceed. nhtsa
Motorcycles are inherently more dangerous to drive than automobiles because of four parameters: they are less stable and less visible than cars; they have high performance capabilities that require skill to operate; and their open design lacks the protection offered to drivers of enclosed vehicles. Statistics back up the statement made above. For the year 2014, the federal government estimated that per mile traveled, the number of deaths on motorcycles was over 27 times the number in cars.
Rather than improving, the statistics for motorcycle deaths are growing worse. A total of 4,295 motorcyclists died in crashes in 2014. That number represents 13 percent of all motor crashes and was more than double of motorcycle accident fatalities than in 1997. 27 times If you were injured in a motorcycle accident in Providence, Pawtucket, Cranston, Warwick, Woonsocket or the State of Rhode Island, contact a Rhode Island motorcycle crash attorney.
Causes of Motorcycle Accidents
The most common causes of motorcycle accidents caused by car and truck drivers are:
- Drivers Failing to see the motorcyclist
- Auto drivers distraction (use of cell phones and other electronic devices)
- Motorcycles making unsafe lane changes
- Motorcycles making unsafe passing maneuvers
- Failure to yield at intersections
- Driving while under the influence of alcohol or drugs
- Reckless driving (source : http://www.motorcyclelawyersaz.com/)
Common Causes for Motorcycle Accident Fatalities
There are literally hundreds of factors and causes that could lead to a deadly motorcycle accident in Rhode Island. If a loved one, spouse, husband or wife is killed in a fatal motorcycle accident, then the victim or victim’s family needs to obtain one of the best motorcycle accident attorneys in Rhode Island. That RI motorcycle accident lawyer must also be a Rhode Island wrongful death attorney as well as a personal injury lawyer in RI.
Lack of Helmets
According to the Governor’s Highway Safety Administration (GHSA), the single best way to prevent fatalities from motorcycle accidents is by wearing an approved safety helmet. They estimate 37 percent of riders deaths and 41 percent of passenger deaths could have been prevented if helmets were worn. The latest figures show: http://www.iii.org/issue-update/motorcycle-crashes
In 2008, those who died in fatal motor cycle accidents and were not wearing a helmet accounted for 43 percent of all motorcycle accident fatalities. In 2009, that figure rose to 44 percent. According to NHTSA, in the year 2008, a minimum of 1,829 lives were saved in 2008 because the riders wore helmets. They also estimated that 822 other fatalities could have been avoided if the riders had been wearing helmets. In 2014, 10 times more un-helmeted motorcyclists died in those states that did not have universal helmet laws than in universal helmet law states according to a NHTSA study.
- motorcycle accident in ri yesterday
- motorcycle accident ri today
Alcohol Use
Consuming alcoholic beverages and motorcycle riding sometimes go hand in hand. It’s also the second leading cause deaths in motorcycle accidents. According to 2014 NHTSA figures, 29 percent of motorcycle riders who were involved in fatal crashes had a blood alcohol concentration of 0.08 percent or over, the average measure of being drunk in most states. http://www.iihs.org/iihs/topics/t/motorcycles/fatalityfacts/motorcycles The 2014 figure compares with 22 percent for passenger car and light truck drivers and with only 2 percent of large truck drivers.
” In 1996 there were 67,000 motorcycles involved in police-reported crashes, of which 40 percent (27,000) were single vehicle crashes.6 Many of the causes of motorcycle crashes may be attributed to lack of experience or failure to appreciate the inherent operating characteristics and limitations of the motorcycle. These factors require motorcyclists to take special precautions and place more emphasis on defensive driving. A motorcyclist, for example, has to be more alert at intersections, where most motorcycle-vehicle collisions occur.” NHTSA
Cranston fatal motorcycle accident
“CRANSTON, R.I. (WPRI) – Cranston police are trying to piece together what happened leading up to a deadly motorcycle crash overnight. Sgt. David Jubinville told Eyewitness News officers responded to Pontiac Avenue near Branch Avenue around 11:55 p.m. Jubinville said a motorcyclist was traveling south on Pontiac Avenue away from Rolfe Square when he crossed the double yellow line, hit the curb, then struck a fire hydrant.” WPRI
This motorcycle crash article was authored by Rhode Island motorcycle accident lawyer, David Slepkow. Motorcycles are a popular mode of transportation all over the United States, including Rhode Island.
Rhode Island motorcycle accident lawyer
While motorcycles are popular, riders can be seriously injured when involved in a motorcycle accident. The following is an overview of drunk motorcycle accidents in Rhode Island and the penalties drivers charged with driving under the influence of alcohol may face.
The Number of Motorcycles In Rhode Island
The number of motorcycles registered in Rhode Island have risen over the years. In 2007, there were 29,144 registered motorcycles in Rhode Island. By the end of 2014, there were 32,216 motorcycles on record.
Alcohol Related Motorcycle Fatalities
The number of alcohol related fatalities among motorcyclists in Rhode Island were:
- 27 In 2010
- 26 In 2011
- 28 In 2012
- 24 In 2013
- 22 In 2014
All of these fatal accidents occurred while the motorcyclist or another vehicle involved had a blood alcohol content of over 0.08 percent or more.
Rhode Island DUI Laws
The state of Rhode Island is known for its harsh stance on driving under the influence of alcohol. Drivers are considered too intoxicated to drive a motorcycle or vehicle if their blood alcohol level is over 0.08 percent or more. Those who have not yet reached the legal drinking age of 21 are considered intoxicated at 0.02 percent. Commercial drivers license holders are charged with driving under the influence when they have a blood alcohol content of 0.04 percent or more.
Drivers give their consent to participate in field sobriety tests just by having a drivers license in Rhode Island. If their blood alcohol level is over the legal limit, they are charged with DUI. Drivers can refuse to take the field sobriety test, but this most often results in the automatic suspension of their drivers license for a certain amount of time as determined by the court.
Driving Under The Influence Penalties
The penalties for driving under the influence may vary slightly, depending on the circumstances surrounding the case. However, the penalties are typically:
- Suspension Of Drivers License
- Highway Safety Assessment $500.00
- Community Service Hours As Determined By The Court
- Jail Time
Alcohol is responsible for many accidents, in passenger vehicles and on motorcycles. In addition to jail time and fines, many people are seriously injured or die each year due to alcohol related accidents. If you have been injured in a RI motorcycle accident, contact RI motorcycle accident attorney, David Slepkow.
Every year, motorcycle accidents on the highway in Rhode Island and across the United States take the lives of thousands of bikers and passengers due to the reckless driving actions of others. Crowded roadways in RI, busy intersections and traveling at too fast a speed are all factors that can cause a motorcyclist or passenger to suffer catastrophic injuries or death. However, not every serious motorcycle accident in Rhode Island is a result of driver negligence, but because of some other cause such as equipment failure, poor road maintenance or faulty roadway design.
Nearly one in three highway deaths occur when motorcycles collide with other vehicles or objects. Motorcycle mortality rates in accidents are high because of the minimal shield the biker’s body has from other vehicles and the pavement. Even less serious collisions in Rhode island and Providence Plantations can produce tragic injuries or death of the motorcyclist and passenger.
Common Motorcycle Accident Causes in Rhode Island
There are numerous reasons motorcycle accidents occur. Usually, other drivers simply never see the motorcycle on the road and will hit it when turning at an intersection or changing lanes. Other times, slippery roadway conditions can create a hazardous environment for two-wheel travel. This can include slippery surfaces with oil, water, snow or ice on the road.
Other motorcycle accidents in providence, Pawtucket and Central Falls occur when vehicles rear end the motorcycle or from limited visibility under certain weather conditions. Many motorcycle crashes in Cumberland, Lincoln and Warwick involve road debris, potholes or a bike part malfunction including faulty brakes or defective tires. The injuries endured by the motorcyclist can be devastating, extensive and long term. Common injuries from Bike accidents in RI involve:
• Road rash
• Broken bones
• Burns from the hot engine or tailpipe
• Facial cuts and fractures
• Arm or leg muscle and nerve damage
• Loss of limbs
• Traumatic brain injury (TBI)
• Spinal cord injury
The catastrophic injuries and loss of income during the healing process are often overwhelming and life changing for the victim and family. However, filing a claim for compensation in Providence Superior Court can be challenging, when the victim must prove what factors caused the accident. This is because numerous factors could be a part of the case, including:
• Other drivers were distracted (texting while driving), speeding or driving impaired.
• Defective roadway surfaces or limited visibility played a part in the accident.
• Poorly maintained roadways initiated the collision because of road debris, inefficient storm drainage, construction zone negligence, potholes or uneven surfaces.
Personal Injury or Wrongful Death Lawsuit in RI
Victims and surviving family members must have their rights protected to ensure they can receive adequate compensation and hold those responsible accountable for their neglect. When a motorcyclist is involved in an accident with catastrophic injuries, they are often facing extensive medical bills and the need for long-term care.
Surviving family members often incur medical expenses and funeral bills when a loved one dies in a motorcycle accident. The survivors usually struggle to meet their financial obligations if the loved one had generated income for the family.
A top injury attorney in Providence
A skilled RI personal injury attorney or Rhode Island wrongful death lawyer who specializes in cases involving RI motorcycle accidents on the highway can build a solid case for recompense. The Providence law firm can file a claim or lawsuit on behalf of the victim and gather evidence showing how other drivers were at fault by proving tailgating, speeding, failing to yield, swerving between lanes or not using their turn signal caused the accident.
Hiring a motorcycle accident lawyer in RI
Hiring a Rhode Island motorcycle accident lawyer is essential to ensure that all deadlines and filing requirements in a personal injury case are met before the expiration of the state’s statute of limitations. A competent Rhode Island motorcycle accident attorney can ensure that the victim or surviving family members receive adequate compensation.
An East providence personal injury law firm understands the long-term financial implications of suffering injuries or death in a highway accident. The Rhode Island motorcycle accident attorneys deal with more than just obtaining short-term medical expenses. The RI personal injury lawyers work to secure adequate funds to cover the costs of healing or living with an accident-related condition for decades that might include lost income, rehabilitation, physical therapy, suffering and pain.
With the ever-increasing cost of gasoline, many motorists are now taking to Rhode Island and America’s roadways on motorcycles to save on monthly traveling expenses. Other RI motorcyclists enjoy the freedom of traveling the open roads and feeling the cool crisp air on their face. If you were injured in a Rhode Island motorcycle accident, it is crucial you retain a top RI motorcyel accident lawyer.
RI motorcycle accident
However, the nation’s highways, roads and side streets present unique dangers for all motorcyclists and their passengers with an increased potential of being involved in a motorcycle accident.
Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) show that motorcyclists on American roadways are 500 percent more likely to suffer injuries in an accident compared to a motorist traveling in a passenger vehicle. In addition, a motorcyclist is nearly 2500 percent more likely to die as the result of a collision than when operating any other kind of vehicle.
Motorcyclists and passengers injured in a Rhode Island and Providence Plantations collision often suffer severe or catastrophic injuries. This is often because the motorcycle’s design provides little protection when involved in a collision. Unfortunately, many Providence motorists simply do not pay attention when traveling and never see motorcycles traveling the roadways.
Common Accident Injuries in a Rhode Island motorcycle accident
Exposure to the outside environment, pavement and objects in a collision can cause a devastating outcome when being thrown from the motorcycle. When the Ocean State motorcyclist is not wearing a helmet, the injuries can be far worse than normal. Some of these injuries include:
• Head injury or brain trauma (TBI)
• Broken bones / fractured bone
• Severe road rash (skin abrasions)
• Spinal cord injury
• Damage to internal organs
Studies indicate that motorcyclists are extremely cautious and typically abide by all the safety regulations in traffic. The vast majority of Rhode Island motorcycle accidents are the result of negligence, recklessness or careless actions by other Warwick area motorists sharing the same roadway.
Determining who Is at fault for a Woonsocket bike crash
Unfortunately, determining who is at fault for the bike accident can be challenging. The difficulty of proving responsibility of the accident is often difficult because of the unfair negative stereotypes of motorcycle riders in Rhode Island. Opposing counsel working for the insurance carrier will often perpetuate the motorcycle stereotype during the settlement hearing or trial, indicating that the cyclist was an immature speeding teenager or a reckless outlaw.
The need for a Rhode Island motorcycle accident attorney
Hiring a personal injury attorney in Rhode Island is usually beneficial to the motorcyclist or passenger involved in a collision with injuries. A skilled RI Motorcycle crash lawyer that specializes in motorcycle accidents often covers a variety of cases including:
• A failure to yield
• Rear end crash
• Hit-and-run
• Stop sign accident
• Limited visibility crash
• Driving under the influence (DUI or DWI)
• Product liability (defective parts or design)
• Third party liability
A skilled RI Personal injury attorney can usually obtain financial recompense for the injured victims to cover a variety of expenses including:
• Medical bills
• Loss of past and future earnings due to injuries
• Permanent or temporary disability
• Future medical costs including rehabilitation, treatment, medication or additional surgeries
• Tangible damages including pain, suffering, anxiety and stress
A skilled Providence Motorcycle Accident lawyer will handle every aspect of the case to obtain financial compensation. The responsibility of the attorney includes preparing all legal documents, speaking to witnesses, building a case and negotiating with the insurance company.
A East providence motorcycle accident attorney will have an extensive comprehension of the state’s tort laws involving personal injury. This will ensure that the victim receives adequate compensation, while holding the responsible parties accountable for their negligence, recklessness or carelessness.
Motorcycle riding in Rhode Island and Massachusetts for fun, adventure or transportation can be extremely dangerous. Fortunately, the design of new motorcycles can minimize the potential of being involved in a RI or MA accident because of durable handling, unobstructed vision, powerful brakes and gripping tires. Even so, motorcycle accidents in Rhode Island and Providence plantations are on the rise with many bikers suffering serious injuries or death.
(If you were involved in a motorcycle accident in Rhode Island or Massachusetts, contact a Rhode Island motorcycle accident attorney or MA motorcycle accident lawyers.)
Common types of motorcycle accidents in RI
Compared to driving traditional passenger vehicles per mile, there is a 35 percent greater chance of dying in an accident when riding a motorcycle on highways, city streets and side roads. This alarming statistic makes it important that motorcycle riders drive defensively in Rhode Island and Massachusetts (Mass.) to avoid the most common types of motorcycle accidents that include:
1. Lane Splitting Accidents – These types of accidents occur in traffic jams when the biker moves between two lanes of slowly moving or stopped vehicles. The biker will often hit vehicles in close proximity or struggle with maneuverability when traveling at a slower speed. Typically, these types of accidents occur to a complete surprise to other motorists because they never anticipate a motorcycle would approach and pass from behind.
2. Alcohol-Related Accidents – Nearly 50 percent of all motorcycle accidents involve alcohol use. These accidents often produce catastrophic injuries caused by the biker or other motorist impairment.
3. Unexpected Road Hazards – Because the motorcycle only has two wheels, any road hazard can cause a catastrophic accident with injuries. Common road hazards include potholes, slick pavement, dead animals, uneven lanes, road irregularities, unexpected objects, ice, snow and other roadway conditions caused by weather.
4. Left-Hand Turns – Many motorcycle/passenger vehicle accidents are caused when either the automobile driver or motorcyclist is making a left-hand turn. Cars will often strike motorcycles while the biker is passing through an intersection or when attempting to pass or overtake a vehicle.
5. Rear End Collision – These types of rear end accidents can be catastrophic to the motorcycle rider and passenger. Often times, passenger vehicles will rear end a motorcycle stopped at an intersection or the motorcycle will rear end the passenger vehicle because of limited stopping distance.
6. Sudden Stop Accident – If the motorcyclist must stop suddenly, the biker and passenger can easily be thrown over the handlebars or the bike can flip end over end. Many of these accidents can be avoided in the motorcyclists allows adequate distance between themselves and others on the roadway.
7. Open-Door Collision – Motorcyclists can easily hit opening doors on vehicles parked along heavily congested urban areas. These types of “dooring” accidents can be avoided by allowing safe distance between the motorcycle and parked vehicles along the roadway.
8. High Performance Bikes – There is a disproportionate amount of accidents in involving sport and super sport motorcycles. This is because these types of motorcycles are designed to travel extremely fast. Their high horsepower engines and lightweight can be a deadly combination, especially for inexperienced bikers.
9. Head-On Collisions – Many motorcyclists killed in Rhode Island accidents involving passenger vehicles and commercial trucks occur in head-on collisions. Any direct blow at the front of the motorcycle can be catastrophic to the biker and passenger because it eliminates nearly every type of protection or diversion tactic option.
10. Excessive Speed – Nearly one out of every two motorcycle accidents occur because of excessive speed of the biker, other motorists, or both. Due to limited protection to the body, bikers and passengers involved in these types of accidents often suffer a serious head injury, muscle damage, leg injuries and road rash.
Determining Fault in a Rhode Island motorcycle accident
Determining which party is responsible or at fault for a Providence motorcycle accident can be extremely challenging. Often times, claims adjusters and trial juries will place blame on the motorcycle rider because of stereotypes. Because of that, the victim will need to hire the best RI personal injury attorneys or a top Rhode Island motorcycle accident lawyer to handle the case for compensation.
RI Supreme Court denied uninsured motorist coverage
The RI Supreme Court denied uninsured motorist coverage to compensate the beneficiaries of the estate of a man who died in a motorcycle accident. The victim died in a fatal motorcycle accident as a result of the negligence of an uninsured motorist. The Top Court sustained the Providence Superior Court’s granting of summary judgment in favor of the Insurance Company. If you are in need of a motorcycle accident lawyer in RI, contact RI motorcycle accident attorney David Slepkow.
A declaratory judgment
Despite the death of the cyclist, this matter did not come before the Court as a RI wrongful death motorcycle crash cause of action. This case was a declaratory judgment case in which the insurance company was asking the court to declare it owed no duty to compensate the decedent’s wife and estate as a result of the collision. The RI Supreme Court determined that the Insurance policy exclusion commonly known as the “owned but not insured exclusion” *(policy provision set forth below) precluded uninsured motorist coverage to the estate of the man who died in the bike and car collision.
Policy was not ambiguous
The Highest Court in RI also determined that the insurance policy was not ambiguous. The Court reasoned that it would be unfair to the insurance company to allow an increased risk for an owned vehicle which was not listed in the contract to be covered without allowing the liability company to increase premiums to account for such risk. New London County Mutual Insurance Company v. Karolyn Fontaine,Individually, and in her capacity as administratrix of the Estate of Leo Fontaine
Key Providence motorcycle Accident Facts
A married Couple was involved in a very serious motorcycle accident in Providence, Rhode Island. The husband who was operating the motorcycle was seriously injured and eventually, “died as a result of his injuries.”
The Husband was the victim of a motorcycle -motor vehicle crash while operating his bike on Allens Ave in Providence RI. His wife was a passenger on the bike and she was seriously injured as a result of the auto collision but survived the mishap. The motorist at fault for the car-bike wreck had no liability insurance policy and therefore was considered an “uninsured” motorist. The motor vehicle in which the uninsured operator was driving also was not covered by any vehicular liability insurance policy. (The estate was able to collect the policy limits from the deceased husband’s uninsured motorist motorcycle policy but only collected 100,000.)
The RI Personal Injury Lawyers who represented the estate of the person killed in the accident sought additional compensation, over and above the 100k, as a result of the bike crash. The estate pursued a claim for uninsured motorist (UM) benefits pursuant to another insurance policy which insured two other automobiles owned by husband and wife. Predictably, the Insurance company by and through their RI motorcycle accident Attorneys’ denied uninsured benefits asserting that, “the Harley Davidson motorcycle owned and operated by Mr. Fontaine was not listed as a “vehicle covered” in the insurance policy.” The Liability Insurance Company asserted that “claim fell within an exclusion that removed from UM coverage any bodily injury suffered by an insured “[w]hile ‘occupying,’ or when struck by, any motor vehicle owned by that ‘insured’ which is not insured for this coverage.” Id.
The estate of the man who was killed in the fatal motorcycle accident argued through their Rhode Island personal injury attorneys that the “owned but not insured exclusion within the NLC policy was unclear and ambiguous and thus should be construed against the insurer to permit UM coverage.” Id.
RI motorcycle accident lawyers
“Viewing the NLC policy in its entirety, and affording the words at issue their plain and ordinary meaning in the way that would be understood by “the ordinary reader and purchaser,” we conclude that the “owned but not insured” exclusion applicable in this case is not ambiguous.Town of Cumberland, 860 A.2d at 1215 (quoting Pressman v. Aetna Casualty and Surety Co., 574 A.2d 757, 760 (R.I. 1990)).” Id.
“The purpose of [an ‘owned but not insured’] exclusionary clause is twofold: ‘(1) to prevent an insured from receiving coverage on all household cars or another uninsured car of the insured by merely purchasing a single policy, and (2) to provide coverage to the insured when engaged in the infrequent use of non-owned vehicles.’” Bartlett, 593 A.2d at 47 (quoting Dairyland Insurance Co., 517 P.2d at 969-70). A reading of the applicable “owned but not insured” exclusion in the NLC policy as proffered by defendants frustrates this legitimate purpose by increasing the risk insured by an insurer without allowing for a corresponding increase in the premium charged. Nor is such an increase in risk capable of actuarial calculation. The resultant imposition of such great uncertainty upon the insurer reveals defendants’ proposed interpretation as one that renders an unreasonable result.” Id.
*“EXCLUSIONS A. We do not provide Uninsured Motorists Coverage for ‘bodily injury’ sustained by any ‘insured’: “1. While ‘occupying’, or when struck by, any motor vehicle owned by that ‘insured’ which is not insured for this coverage.” Id.
A skilled Providence Bike crash lawyer with years of experience in handling motorcycle accident in Rhode island cases can establish cause of the crash and identify every responsible party. The RI motorcycle accident attorney / lawyer can hold those at fault accountable for their neglect to ensure the victim receives adequate recompense by filing and handling a claim or lawsuit on their behalf.
“In this fact sheet, the 2013 motorcycle information is presented in the following order: ■ Overview ■ Registration ■ Crash Involvement ■ Speeding ■ Age ■ Motorcycle Engine Size ■ Licensing and Previous Driving Records ■ Alcohol ■ Helmet Use and Effectiveness Overview In 2013, there were 4,668 motorcyclists killed in motor vehicle traffic crashes—a decrease of 6 percent from the 4,986 motorcyclists killed in 2012. There were an estimated 88,000 motorcyclists injured during 2013, a 5-percent decrease from 93,000 motorcyclist injured in 2012. In 2013, two-wheeled motorcycles accounted for 93 percent of all motorcycles in fatal crashes. In 2013, motorcyclists accounted for 14 percent of all traffic fatalities, 4 percent of all people injured, 18 percent of all occupants (driver and passenger) fatalities, and 4 percent of all occupants injured. Of the 4,668 motorcyclists killed in traffic crashes, 94 percent (4,399) were riders and 6 percent (269) were passengers.” Crash Stats
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In an important motorcycle and car accident cause of action decision, The Rhode Island Supreme Court reversed a “Summary Judgment” decision of the Providence Superior Court in favor of the Defendant and sent the case to a jury trial on the merits.
Motorcycle crash
The Motion Justice previously determined that no reasonable jury could believe that this bike crash was anything else but a garden variety rear-ender accident and the claims by Plaintiff’s injury attorney were speculation. The motion justice believed that the biker rear ended the automobile and therefore under RI law the cyclist was prima facie liable for the crash and entitled to no compensation as a result of the collision.
In a nutshell, the RI Supreme Court determined that there were IN FACT factual issues concerning whether the auto-bike mishap was a rear-ender and therefore an extreme remedy such as a summary judgment was not warranted and our system of justice required a jury to sort out what occurred.
Surviving summary judgement
(Editor’s note: This set ‘the wheels in motion’ for possibly either a pricey settlement or a motorcycle automobile crash jury trial on the merits. Plaintiff survived summary judgment so that he could get his day in Court. The injured victim seeks to establish this as a T-bone collision. In my opinion this is not a particularly strong negligence case but enough to survive a summary judgment scare and get to a jury.) Read the Case here: Roland DeMaio et al.v.Raymond A. Ciccone et al.
Facts of crash
In October 2006, there was a motor vehicle crash in Johnston between the Plaintiff operating a motorcycle and the defendant driving an automobile. The Plaintiff was injured in this RI bike accident including a traumatic head injury. (Editor’s note: It is unclear why almost 8 years have gone bye and a seriously injured biker has not had his day in Court yet in front of a jury of his peer. Some say justice delayed is Justice denied. It would be interesting to find out why this has crawled through the system for nearly 8 years!)
Rear end crash?
The defendant asserted that the motorcycle operator was at fault for the accident and they were not liable for the cyclists’ injuries. Defendant’s Rhode Island Insurance defense injury attorneys argued that evidence “established that the plaintiff’s motorcycle struck the rear of the defendants’ motor vehicle.” Id. The plaintiff’s Providence Negligence Lawyers asserted that this was not a rear end motor vehicle crash. The Claimants Injury attorneys argued that the Defendant “was negligent and that there are genuine issues of material fact as to whether the October 18, 2006 incident was in actuality a rear-end collision” Id. The motion justice disagreed.
Judge declares this a rear-ender
The motion justice believed that Plaintiff’s personal Injury lawyer’s claims that this was not a rear- ender were speculation. The motion justice believed that this was in fact a rear end bike wreck! Id. The Insurance RI Car accident lawyers argued that RI tort law precluded a viable claim by the Plaintiff citing the case of Maglioli. “Under Rhode Island law, “[w]hen a case includes a claim or defense resulting from a rear-end collision between vehicles, a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). Id.
( Editor’s note: Interestingly, the RI Supreme Court gave little insight as to the extent of the bikers injuries and damages and it is unclear whether there were any broken or fractured bones, cervical damage or cognitive damages as a result of the traumatic brain injury)
The Law in Rhode Island
Motorcycle Accident Lawyers in RI are well aware that if a motor vehicle hits another vehicle, truck or bicycle from behind, the motorist who rear ended the other auto is almost always at fault for the crash.
Plaintiff’s testimony concerning the crash
To no fault of the Plaintiff, his recollection of the collision was hazy, at best, as he testified that: ““No one near me, I’m coming down Route 6 going maybe 35 miles an hour, that’s the last thing I remember. So I don’t know where Mr. Ciccone came out from. I’d like to know, but I have no idea. He said that supposedly, my wife told me, that he came out, I followed him and banged into him. I would have remembered that. I’ve been driving bikes for 35 years, I definitely would have remembered that.” Id.
“Mr. DeMaio testified that his first memory after losing consciousness consisted of “waking up in the rescue” briefly; his next memory was of waking up again at the Trauma Center in Rhode Island Hospital, where “a young doctor * * * was sewing [his] ear.” Id. “Regarding the damage to his motorcycle, Mr. DeMaio stated that “the heavier damage was all on the right-hand side,” noting that “[e]verything was crushed in, the crash bar, the tank, the chrome, the peg was bent up, the foot pegs, and * * * the right front fender was damaged.” Mr. DeMaio further testified that the man who removed the motorcycle from the scene of the collision “said that it looked like the impact was on the right-hand side” of the motorcycle.” Id.
Summary Judgment is a “drastic remedy”
The highest Court in Rhode Island and Providence Plantations set forth the proper grounds for summary judgment: “We are ever mindful that “[s]ummary judgment is a drastic remedy, and a motion for summary judgment should be dealt with cautiously.”” Id. “It should also be borne in mind that this Court has recognized that issues of negligence are ordinarily not susceptible of summary adjudication, but should be resolved by trial in the ordinary manner.”
A Providence car accident attorney discusses the Hefner v Distel decision of the RI Supreme Court. In HEFNER v. DISTEL, 813 A.2d 66 (2003) the Rhode Island Supreme Court determined that the trial judge erred in granting a motion for a new trial because the judge issued no findings to support his decision.
Car and Motorcycle accident in RI
In the Providence car accident / motorcycle crash, the court determined that the Judge “misconceived the evidence” because the jury was warranted in determining that the defendant car motorist was not negligent for the motorcycle / automobile crash. Although this case did not involve a RI truck accident, one of the key witness in this case was the operator of a truck. Id. “…defendant did not operate his car in a negligent manner.” according to the RI Top Court sitting in Providence. Id.
Rhode Island personal injury Attorneys fight low damages case
(Editors Note: I am wondering why so many resources were expended in this case including a full Superior Court trial and a Supreme Court appeal. This Cause of Action appears to be a waste of time and resources on both ends. The Rhode Island personal injury Attorneys did not appear to be concerned with the amount of resources expended in this case and for whatever reason could not reach a settlement. After all, the biker was able to drive his motorcycle from this collision without going in an ambulance and he denied requests for medical assistance at the scene of the auto wreck. The extent of the biker’s injury was not set forth in the decision but do not appear to be serious. This is inferred from the fact that the trial judge gave an option of $950 additur premised upon the Plaintiff getting 30 percent of his damages! This means that in the trial judge’s opinion his total damages amounted to approximately 3k!)
If you are injured in a RI motorcycle accident, Providence car accident, bike crash, tractor trailer (trucking accident) or auto accident, please contact East Providence Personal injury Lawyer, David Slepkow 401-437-1100)
A motorcycle collision trial
Procedural History: After a full trial on the merits in this RI Car – Motorcycle Crash case the jury “returned a verdict for the defendant”. Id. The plaintiff, motorcyclist predictably was unhappy with the verdict and filed a motion for a new trial or an additur. The presiding judge determined that the defendant was guilty of comparable fault and was 30 percent negligent “The trial justice granted this motion, concluding that defendant was not totally without fault.” Id. In making this decision the trial judge did not “explicitly review the evidence at trial or evaluate the credibility of the witnesses.”
The Rhode Island Top Court inferred that the trial judge “appeared to be persuaded that defendant bore at least some of the blame for causing the accident because he proceeded into the intersection from a street corner with a stop sign and he did not anticipate possible traffic passing the cable-television truck on the left.” Id.
Judge botches decision
(Editor’s Note: Unfortunately, the RI Supreme Court had to infer the judge’s reasoning for granting the motion. The trial Judge failed to cover his tracks and support his position and that was problematic for the appellate Court. If the judge had supported his position, he may not have been reversed by the appellate Court! Nonetheless, even if he had issued findings, it appears he was wrong because the auto did not appear to be operated recklessly or negligently. This accident was clearly caused by the negligence of the motorcyclist.)
(Editor’s note: Pursuant to § 9-20-4 Comparative negligence – Rhode Island is a pure Comparative Negligence State meaning that a Plaintiff who is more than 50 percent at fault for an accident is still entitled to collect damages in percent of their fault. For example, if a biker is 99 percent at fault for causing a motorcycle- truck collision then the biker is entitled to 1 percent of his damages for pain and suffering, lost medical bills, permanency, scarring, lost wages etc.)
Motorcycle and Automobile Collision
“On April 2, 1997, plaintiff and defendant were involved in an accident when their vehicles collided at the intersection of Benefit and Power Streets in Providence. The plaintiff was driving his motorcycle in the southbound lane of Benefit Street when he came to a stop behind a car near the intersection of Benefit and Power Streets. A cable-television truck had stopped just before the intersection and another car was stopped behind the truck. After waiting for “about 20 seconds,” plaintiff decided to pass the two stopped vehicles on the left. The street was narrower than usual as a result of plowed snow that had accumulated on either side of the street. Snow banks at the corners of the intersection of Benefit and Power Streets also obstructed plaintiff’s view of traffic on Power Street.” Id.
Motorcyclist drives home after motorcycle accident
“Nevertheless, plaintiff decided to proceed on his motorcycle into the intersection. As he pulled alongside the truck, however, he suddenly realized that the truck driver was waving to defendant and signaling to him that he should proceed with his car through the intersection. Although plaintiff tried to swerve to the left up the Power Street incline to avoid crashing into defendant’s car, he was unable to do so and his motorcycle and defendant’s car collided. After the accident, plaintiff declined an offer of medical help and was able to drive his motorcycle back to its garage.” Id.
Decision of the Rhode Island Supreme Court
“Similarly, in this case, we conclude that the jury possessed sufficient evidence to decide that the defendant did not operate his car in a negligent manner. The trial justice, we hold, misconceived the evidence 71*71 in granting a new trial because the jury could conclude, as the defendant testified, that he took reasonable precautions before entering the intersection while the plaintiff failed to do so.”Id “Therefore, we sustain the defendant’s appeal, vacate the order granting the new trial, or in the alternative, an additur, and remand this case for entry of a final judgment in favor of the defendant.” Id.
Reasoning of RI Supreme Court
“Here, the trial justice did not analyze the evidence or pass upon the credibility of the witnesses. In fact, his questions to counsel are the primary source for inferring the basis of his decision to grant a new trial or, in the alternative, an additur. Even though a trial justice may reapportion liability in granting an additur, see Michalopoulos v. C & D Restaurant, Inc., 764 A.2d 121, 125 (R.I.2001) (per curiam), he or she must set forth with some specificity the evidence relied upon in granting a new trial or, in the alternative, an additur. Pearce v. International Display Corp., 526 A.2d 501, 504 (R.I.1987). If a trial justice fails to make a specific appraisal of the evidence, then “this [C]ourt will apply the appellate rule, in which case the evidence is examined in the light most favorable to the prevailing party to determine if there is any competent evidence that, if believed, would support the jury’s verdict.” Id. Given the dearth of factual analysis from the trial justice, we apply the appellate rule to the record in this case.”Id.
Plaintiff did not act in such a careful manner
“From all that appears in this record, defendant acted prudently and cautiously in deciding to proceed into the intersection. On the other hand, plaintiff did not act in such a careful manner because he admitted that he did not go forward in a slow, deliberate manner when he saw that his view of Power Street was obstructed by a snow bank. In addition, plaintiff appears to have violated the rules of the road in passing two vehicles on the left within 100 feet of an intersection. See G.L.1956 § 31-15-7(a) (“No vehicle shall at any time be driven to the left side of the roadway under the following conditions: * * * (2) When approaching within one hundred feet (100′) of or traversing any intersection * * *.”)” Id.
A motorist has the duty “of observing the traffic and general situation at or in the vicinity of the intersection
“The defendant testified that he looked both ways before proceeding into the intersection. Although he specifically looked at the driver of the cable truck and received a signal from him to pass through the intersection, the jury reasonably could have inferred from defendant’s testimony that he also looked to the left for any oncoming traffic. When approaching an intersection, a motorist has the duty “of observing the traffic and general situation at or in the vicinity of the intersection. He [or she] must look in the careful and efficient manner in which a [person] of ordinary prudence in like circumstances would look in order to ascertain the existing conditions for his guidance.” Dembicer v. Pawtucket Cabinet & Builders Finish Co., 58 R.I. 451, 456, 193 A. 622, 625 (1937).” Id.
Source:
http://www.dot.ri.gov/documents/community/safety/Highway_Safety_Performance_Plan.pdf
