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Providence Personal Injury Attorneys

By David

TIPS to get best injury settlement | Slepkow Law (est. 1932)

  • Do not go long periods of time  after an accident without obtaining medical treatment. As far as the Insurance Company is concerned, if your not treating- your not hurting. Insurance companies will not take your word that you were in pain and partially disabled when you were not under the care of a physical therapist, primary care doctor or chiropractor. If you are receiving medical treatment as a result of a Providence car wreck then contact, Providence car accident attorney, David Slepkow. ( “An experienced Rhode Island motorcycle attorney has years of hands on experience handling accidents involving a car or truck hitting a bike or other types of motorcycle accident.
  • Don’t cancel or miss medical appointments. This shows that you are not serious about your case and will lower your potential settlement. (According to the National Highway Traffic Safety Association, roughly 5,000 pedestrians perish and roughly 80,000 sustain a significant injury in collisions involving motor vehicles. Pedestrian accidents also cause numerous injuries and deaths in Rhode Island. 
  • Your not a Providence car accident lawyer and have no experience acting as a Rhode Island Car Accident Attorney.  Why do you think it is a good idea to represent yourself and negotiate your own auto accident settlement in RI? The liability insurance company will exploit your inexperience and lack of knowledge and offer you peanuts as a settlement. The adjuster knows that you will not be filing a lawsuit in Providence Superior Court, so you have no leverage. A Providence Automobile accident Lawyer knows all about the laws concerning automobile accidents, and can guide the victim in obtaining reasonable compensation.
  • If you receive a citation for texting and driving,  speeding, reckless driving, failure to yield or any other motor vehicle offense, do not represent yourself in traffic Court. If you are found guilty of a motor vehicle violation then you may ruin your chance of receiving compensation for whiplash, herniated disks or other injuries as a result of you Rhode Island automobile or motor vehicle crash case.
  • If you are seriously injured in a RI motor vehicle collision then you should leave the scene of the accident by ambulance. Otherwise, obtain medical treatment as soon as possible. If you wait too long to see your primary care doctor or obtain physical therapy or begin treatment with a chiropractor then the Insurance Company may seek to discredit your allegations. The adjuster will claim that your injury was not caused by the Providence Car wreck. ( Dog Bites – Claim Rightful Compensation with the Help of an Attorney:  

If you are suspicious that a motorcycle or truck motorist was:

  • at fault for the collision 
  • reckless driving
  • drinking and driving
  • texting and driving or
  • guilty of distracted driving

then notify the police officer at the scene of the automobile accident. If you have evidence of criminal or reckless driving then it is imperative that you bring this to the attention of the police investigating the accident. The police may overlook something important.

  • Do not post information on Facebook, twitter or other social networks which indicates or tends to indicate that you are not injured or that your RI Personal Injury claim is not legitimate. Do not allow others to post such information either! If you are asserting that you are unable to work and are totally disabled then the picture of you lifting 200 pound barbells at the local gym, that your buddy Jonathon posted,  will not help your case. In fact such information may derail your Rhode Island Car Accident cause of action. (Rhode Island Truck  Accident Information – Semi Trucks, Tractor Trailer and Big Rig Crash)

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. providence car accident

Filed Under: car crash Tagged With: Providence Personal Injury Attorneys

By David

Tractor-trailer Used as a Roadblock to Crash Stolen Car, Killing Criminal

Rhode Island roadblock accidentsThis is the story of a long forgotten crazy car and truck roadblock accident case that went all the way up to the United States Supreme Court. In  Brower v. County of Inho (1989) a criminal died because a bunch of Local cops thought it was a good idea to block the highway with an 18 wheeler tractor trailer truck  and conceal the road block in order to stop  the criminal who had stolen a car and was speeding recklessly.

The criminal had been chased by police cruisers for 20 miles. Predictably this criminal met his untimely death when he crashed the  stolen automobile into a big rig barrier, road block. It is somewhat rare for a car or truck crash case to make it all the way to the top Court in The United States!

Wrongful death or justified force?

RI Personal Injury Lawyer David Slepkow’s (401-437-1100) editor’s Note: Perhaps it would have been better to let him run out of gas, shoot his tires or otherwise blowout his tires?  But at the end of the day the criminal died and the litigation began. Was this a wrongful death or justified police conduct? (The State of RI has a wrongful death statute that would pertain to deadly crashes like this that occur in Rhode Island)

“On the night of October 23, 1984, William James Caldwell (Brower) was killed when the stolen car that he had been driving at high speeds for approximately 20 miles in an effort to elude pursuing police crashed into a police roadblock.” BROWER v.COUNTY OF INYO  489 U.S. 593 (1989)

Crash into truck staged by police

Police used “brutal, excessive, unreasonable and unnecessary physical force” in establishing the roadblock, and thus effected an unreasonable seizure of Brower, in violation of the Fourth Amendment. Petitioners alleged that “under color of statutes, regulations, customs and usages,” respondents (1) caused an 18-wheel tractor-trailer to be placed across both lanes of a two-lane highway in the path of Brower’s flight, (2) “effectively concealed” this roadblock by placing it behind a curve and leaving it unilluminated, and (3) positioned a police car, with its headlights on, between Brower’s oncoming vehicle and the truck, so that Brower would be “blinded” on his approach. App. 8-9. Petitioners further alleged that Brower’s fatal collision with the truck was “a proximate result” of this official conduct. Id., at 9.”

Roadblock- parking an 18 wheeler

QUICK Facts:  “The police set out a roadblock. The roadblock was established by parking a tractor trailer in the middle of the 2 lane highway which blocked both lanes and a police vehicle with its lights flashing was parked in front of the tractor. The deceased crashed into the tractor trailer and was killed. The decendent’s family filed a 1983 action claiming that the deceased’s Fourth Amendment rights to be free from unreasonable seizure were violated by the officers who were acting under the color of law.”  Source 4law sachool http://www.4lawschool.com/criminal/brower.htm

Editors notes: it is true that this guy stole a car but it also appears that placing a big rig across the highway to stop and Kill the guy him was cruel, unusual and barbaric. This was not a well thought out idea and effectively constituted a death penalty.

A roadblock collision as a search?

His heirs, petitioners here, brought this action in Federal District Court under 42 U. S. C. § 1983,  he District Court granted respondents’ motion to dismiss the complaint for failure to state a claim on the ground (insofar as the Fourth Amendment claim was concerned) that “establishing a roadblock [was] not unreasonable under the circumstances.” App. to Pet. for Cert. A-21. A divided panel of the Court of Appeals for the Ninth Circuit affirmed the dismissal of the Fourth Amendment claim on the basis that no “seizure” had occurred. 817 F. 2d 540, 545-546 (1987). We granted certiorari, 487 U. S. 1217 (1988), to resolve a conflict between that decision and the contrary holding 595*595 of the Court of Appeals for the Fifth Circuit in Jamiesonv. Shaw, 772 F. 2d 1205 (1985).

United States Supreme Court Ruling

“The complaint here sufficiently alleges that respondents, under color of law, sought to stop Brower by means of a roadblock and succeeded in doing so. That is enough to constitute a “seizure” within the meaning of the Fourth Amendment. Accordingly, we reverse the judgment of the Court of Appeals and remand for consideration of whether the District Court properly dismissed the Fourth Amendment claim 600*600 on the basis that the alleged roadblock did not effect a seizure that was “unreasonable.” BROWER v.COUNTY OF INYO,  489 U.S. 593 (1989) See part 2 (coming soon) : case remanded to the United States Court of Appeals, ninth Circuit to see whether search was unreasonable  http://www.leagle.com/decision/19892200884F2d1316_11955

Post By Rhode Island Personal Injury Attorney. David Slepkow 401-437-1100

Filed Under: Personal Injury Tagged With: Providence car accident attorney, Providence Personal Injury Attorneys

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Injury Attorney David Slepkow
1481 Wampanoag Trail Suite 1
East Providence, RI, 02915
(401) 437-1100

RI Injury Areas of Practice

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  • Truck Accidents
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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.

* No fees unless we win implies settlement and winning in trial cases. + The law firm of Slepkow, Slepkow and Associates Inc. was founded in 1932