Serious accidents may happen suddenly and without warning. Whether you are driving to work, visiting the grocery store, or bicycling through your neighborhood, you are at risk of suffering harm as a result of someone else’s careless actions. For most people, knowing what to do after an accident occurs is one of the most uncertain parts of the situation, especially since the legal system is not easy to navigate. As the third-largest city in Rhode Island with four highways and several shopping centers, Cranston unfortunately is the site of many car crashes, slip and falls, and other accidents. Cranston personal injury lawyer David Tapalian offers each victim and their family the dedicated service, trust, and commitment that they deserve. Whether you need a car accident attorney or advocacy in a claim based on premises liability, medical malpractice, nursing home abuse, a dog bite, or another incident, he is here to protect your rights.Bringing a Negligence Claim for Compensation
Under Rhode Island law, to recover compensation following an accident, you must show that the person who caused your injuries failed to act with the same care and skill that a prudent person would use if faced with a similar situation. Applied to a car accident, for example, this standard encompasses factors such as obeying traffic regulations and operating a vehicle safely during heavy traffic or in construction zones. Some of the most common examples of ways that motorists in Cranston act carelessly are by engaging in distracted driving activities like texting or talking on the phone. In addition to I-95 and I-295, serious and even fatal accidents have happened in recent years on Cranston roads such as Pontiac Avenue, State Route 5, and State Route 10. A personal injury attorney can help Cranston residents investigate the circumstances of a crash and gather evidence to support their case.
Understanding whether the defendant violated any traffic laws is critical because it may allow you to assert a doctrine known as negligence per se. Under this theory, a plaintiff is entitled to assert a presumption of negligence if they can show that the defendant broke a law when the accident happened. The defendant still has an opportunity to rebut this presumption with evidence that they were not negligent, but successfully using negligence per se often shifts the focus from liability to damages. After establishing a breach, the plaintiff must show that the defendant’s careless conduct was the cause of their injuries.
In addition to car accidents, slip and fall accidents are relatively common in Rhode Island cities like Cranston. The level of duty that a property owner needs to meet depends on the status of a visitor on the property, and this status is determined according to the purpose of the visitor’s presence. When it comes to people invited for economic purposes, such as patrons at a retail store, the property owner owes the highest duty of care. This involves conducting routine inspections to ensure that the property is free from dangerous conditions and warning against any conditions that cannot be addressed. Social guests are owed a slightly lower duty of care, involving warning against known dangerous conditions on the premises. Similar to a car accident case, the plaintiff will need to show not only that the property owner failed to exercise due care but also that this breach was the cause of the injuries that they sustained.Consult a Dedicated Personal Injury Lawyer in the Cranston Area
After a sudden and traumatic accident, the last thing that you want to do is to navigate the legal system on your own. When dealing with opposing counsel, insurance companies, witnesses, and the other complex aspects of litigation, it is critical that you consult a tenacious Cranston personal injury attorney who has the experience that it takes to handle your legal matter smoothly and efficiently. At Tapalian Law, we provide a free consultation to help you understand your options and how our legal professionals may be able to assist you. Call us now at 401-552-5000 or contact us online to get started on discussing your options with a premises liability attorney or a motor vehicle collision lawyer.