Personal Injury Cases Involving A TBI

Traumatic brain injuries, or TBI’s, wreak havoc on the lives of millions of people every year. Brain injuries are catastrophic in nature; even “mild” head injuries can result in significant consequences for your health. At Tapalian Law, we commonly see personal injury cases that involve TBI’s as a result of slip and fall accidents, car accidents, and workplace accidents. After a severe accident, fall, or blow to the head, there are various tests a doctor or medical provider can perform to diagnose a TBI. These brain injuries often exhibit one or more of the following attributes:

• Mild or severe memory loss, sometimes permanent
• Blunt force trauma, whiplash, concussions, bleeding, or brain swelling
• Becoming unconscious for anywhere between a few seconds to days or much longer
• Vision impairment, blindness, or inability to open your eyes
• Impaired speech functions, including difficulty speaking, forming words, etc.
• Changes in personality or cognition
• Loss of motor function and various types of paralysis

Brain injuries typically require intensive, and costly, medical treatment and often times long-term care. When you or a loved one have suffered a serious harm like this, the medical bills can mount exponentially causing great despair, especially if you are responsible for supporting a family and are now unable to work as a result of the accident. When someone else is liable for causing your injuries, a Rhode Island personal injury attorney can discuss how to seek compensation for the financial and emotional repercussions by filing a personal injury lawsuit against the person (or entity) responsible for your injuries. In order to do so, your lawyer will work to establish the following:

• The party(s) responsible for your injury owed a duty of care and failed to meet said duty
• Personal harm or injury was the result of this breached duty of care
• The party’s actions directly resulted in your injuries

Tapalian Law Will Navigate Your Claim with Compassion

At Tapalian Law, we understand that brain injury cases are so much more than just the accumulation of significant physical symptoms. They are life changing. A person’s entire personality can be altered, changing the way they interact and relate to family and friends. Sometimes huge portions of your precious memories can be completely forgotten, and your personal relationships can change dramatically. Adverse effects from the damages can also alter your employment prospects and ability to earn a living to provide for your family. When this happens, an experienced Rhode Island personal injury lawyer like David Tapalian can help to protect your legal rights and ensure the person(s) responsible for your physical, emotional, and financial damages is held accountable. We offer a no-cost, no-obligation consultation to discuss your situation and explain how we can help you get the compensation you deserve. If you are injured and can’t come to us, we will visit you at the hospital or a convenient location for you. Don’t suffer alone. To consult with a top Rhode Island personal injury attorney with a proven track record of working with TBI victims, call Tapalian Law at 401-552-5000, or book your free consultation online.

How is a TBI Diagnosed?

When a doctor or medical provider order TBI testing for a potential brain injury, for instance after a motorcycle crash, various components are used to make a diagnosis. TBI tests refer to the series of imaging tests and medical examinations that healthcare providers conduct in order to evaluate the presence and severity of a traumatic brain injury. These tests include everything from initial physical examinations to more complex imaging tests like Computerized Tomography (CT) scans and Magnetic Resonance Imaging (MRI).

TBI Tests Initial Physical Examination

The first test that a person undergoes when they are treated for a suspected head injury is typically the Glasgow Coma Scale (GCS), which evaluates the ability of the individual to move their eyes, follow directions, and speak in a comprehensible manner. The higher the score, the less severe the TBI.

Imaging Tests for TBIs

After the initial examination, the doctor may order imaging tests such as CT scans to get a more thorough view of the brain and pinpoint any internal issues such as brain tissue swelling, brain tissue bruising, skull fractures, or blood clots. MRI scans are also commonly used to identify more subtle damage to brain tissue that can happen with milder TBIs. To gain deeper insights into the injury, more advanced techniques such as Susceptibility Weighted Imaging (SWI) and Diffusion Tensor Imaging (DTI) may be used.

Additional Testing

Healthcare providers may also run blood tests to search for specific biomarkers that indicate brain tissue damage. The person’s motor function, balance, reflexes, coordination, and sensory function may be assessed through neurological exams. If the TBI is more severe, the doctor may need further specialized tests or even surgery to get a comprehensive diagnosis.

How Long Does A TBI Test Take?

The duration of testing for a TBI depends greatly on the severity of the injury as well as the kinds of tests that the doctor orders. While initial examinations like the GCS only take a few minutes, certain imaging tests like MRIs and CT scans can take anywhere from 15 minutes to an hour. It will likely take additional time for the tests to be interpreted and various medical providers consulted to form the most accurate diagnosis. Further testing may still be required if certain aspects need further clarification.

Documenting Your TBI

As with any type of injury, it’s important to document your TBI and maintain proper evidence of your testing and treatment should you have a personal injury claim. If the accident that resulted in your brain injury was a result of negligence by another person, for instance an intoxicated motorist recklessly crashed into your car from behind, seek legal advice right away. An experienced personal injury attorney will discuss your accident and determine your eligibility to file a personal injury claim to seek compensation. In order to prove fault in your Rhode Island personal injury claim, you will need to prove the extent of your injuries so be sure to document your symptoms, undergo the required TBI tests, and consistently keep an open line of communication with your medical providers regarding your condition. Keeping a file of all the medical documentation, including proof that you immediately sought treatment and reports from your imaging tests as well as any other evidence of your TBI is essential.

Contact a RI Personal Injury Lawyer for Your TBI

If you have suffered a TBI or any type of head injury, it’s crucial to immediately seek medical attention. Whether the injury was a result of an incident on the job, a vehicle accident, a slip and fall, or other type of harm, properly document all evidence and proof related to your injury. Call Tapalian Law to speak to a personal injury attorney about your traumatic brain injury, for free, and plan your next steps today. Reach our Providence injury firm at 401-552-5000, or contact us online to set up your free consultation.

How TBI Tests work

TBI tests refer to the series of imaging tests and medical examinations that healthcare providers conduct in order to evaluate the presence and severity of a traumatic brain injury. These tests include everything from initial physical examinations to more complex imaging tests like Computerized Tomography (CT) scans and Magnetic Resonance Imaging (MRI).

Initial Physical Examination

The first test that a person undergoes when they are treated for a head injury is typically the Glasgow coma Scale (GCS), which evaluates the ability of the individual to move their eyes, follow directions, and speak in a comprehensible manner. The higher the score, the less severe the TBI.

Imaging Tests For TBIs

After the initial examination is complete, the doctor may order imaging tests such as CT scans to get a more thorough view of the brain and pinpoint any internal issues such as brain tissue swelling, brain tissue bruising, skull fractures, or blood clots. MRI scans are also commonly used to identify more subtle damage to brain tissue that can happen with milder TBIs. To gain deeper insights into the injury, more advanced techniques such as Susceptibility weighted Imaging (SWI) and Diffusion Tensor Imaging (DTI) may be used.

Healthcare providers may also run blood tests to search for specific biomarkers that indicate brain tissue damage. The person’s motor function, balance, reflexes, coordination, and sensory function may be assessed through neurological exams. If the TBI is more severe, the doctor may need further specialized tests or even surgery to get a comprehensive diagnosis.

How Long Does A TBI Test Take?

As you can probably tell with the range of tests we detailed above, how long testing takes for a TBI depends greatly on the severity of the injury as well as the kinds of tests that the doctor orders. While initial examinations like the GCS only take a few minutes, certain imaging tests like MRIs and CT scans can take anywhere from 15 minutes to an hour.

Documenting Your TBI

It’s important to document your TBI properly and have the proper evidence of your testing and treatment if you are planning to file an insurance claim. You need to document your symptoms, undergo the required TBI tests, and consistently keep an open line of communication with your medical providers regarding your condition. Keeping a file of all the medical documentation, including proof that you immediately sought treatment and reports from your imaging tests as well as any other evidence of your TBI is essential.

Contact Us Today

If you have suffered a TBI, it’s crucial to immediately seek medical attention and properly document all the proof of your injury. Call Tapalian Law to speak to a traumatic brain injury attorney and plan your next steps today.

Motorcycle Crashes Surge in Summer Months

Across the U.S., statistics show motorcycle fatalities typically spike between the months of June and September. Rhode Island alone reported 18 motorcycle accident fatalities in 2018, a sharp increase from prior years. Riding a motorcycle is inherently riskier than driving a motor vehicle, like a car, truck, or SUV. Not only are motorcycles less stable when there’s a need to brake quickly or swerve, they are less visible to other drivers. When a motorcycle is involved in a crash, the rider is much more likely to be severely injured, or killed, due to the lack of protection that a typical car or truck would provide. As a personal injury attorney in Rhode Island, David also sees an uptick in car accidents in the summer months, frequently due to negligence and reckless operation, like drunk driving and speeding. It’s critical that vehicle operators, on two-wheels or four-wheels, are extra vigilant about their own driving and keep an eye out for other motorists on the road.

Helmet Laws in RI

Half of the 18 motorcycle fatalities in Rhode Island in 2018 involved motorcyclists not wearing a helmet. Riders not wearing a helmet are three-times more likely than helmeted riders to sustain traumatic brain injuries in a crash and a helmeted motorcyclist’s fatality rate is reduced by at least 37%, according to the Insurance Institute for Highway Safety (IIHS).

Rhode Island does not require a helmet for all motorcycle operators- only for those under the age of 21, all passengers, and for first-year riders, regardless of age. However, the RIDOT strongly encourages helmets for all motorcyclists, both operators and passengers, at all times. Our RI personal injury law firm also strongly encourages the same. We know a proper helmet is the most important safety equipment decision a rider or passenger can make to reduce the likelihood of death and life-threatening head injuries in a crash.

Motorcycle Safety Tips

Staying highly visible to other motorists sharing the road is an important safety measure for motorcycles and can assist in deterring crashes. The RIDOT offers a number of helpful safety tips for motorcycle riders to increase their visibility while riding, including:

• Wear a fluorescent, reflective safety vest or bright-colored riding jacket
• Wear a white or other bright-colored helmet
• Flash brake lights at stops
• Install extra reflective materials and additional lighting
• Install a louder horn
• Avoid riding at night, dawn, or dusk
• Avoid riding in adverse weather conditions

Contact a Rhode Island Personal Injury Lawyer if You Are Injured

If you or a loved one are involved in a serious motorcycle accident, the personal injury experts at Tapalian Law are available right now to help you. With over 20 years of experience helping injured people all over RI and MA, Personal Injury Attorney David Tapalian and his dedicated team will work relentlessly to get you the compensation you deserve from the driver responsible for your motorcycle crash. You may be entitled to compensation for your losses including medical bills, surgery, rehabilitative therapy, lost wages, property damage to your motorcycle, and pain and suffering. Contact Tapalian Law at our Providence RI, Warwick, RI, and Seekonk MA offices at 401-552-5000, for a free consultation, or contact us with our easy, online form.

As the availability of electric scooter rental programs increased, rentals nearly doubled from 2017 to 2018. Emergency room physicians across the U.S. saw a corresponding uptick in the number of patients suffering injuries as the result of a scooter accident, and scooter injuries jumped an alarming 82%. This sharp increase in e-scooter trauma was reported in a recent study by the University of California, San Francisco. Unlike car accidents, data on scooter injuries is still in its relative infancy. However, other studies have reported similar, striking results, as shown in our Rhode Island Accident Lawyer Blog.

An easy, low-cost transportation option, e-scooter rentals can certainly be a useful tool to get around the city. However, as Providence personal injury lawyers we can’t stress enough how imperative it is that operators, especially novice users who are particularly prone to getting hurt, wear a safety helmet and take the time to familiarize themselves with the operation of the vehicle and its rules for use to prevent injury. Providence’s E-Scooter Share Program, as well as the individual rental company websites, provides information on proper use.

Injuries from Scooter Accidents

Injuries from scooter accidents run the gamut from minor cuts and bruises to brain injury, including fatalities. In particular, the high rate of head injury to electric scooter users is a huge concern. A serious head injury can dramatically alter a person’s life leaving them unable to complete routine, daily tasks on their own without help. The study reports that 1/3 of e-scooter injury patients had head trauma, double the rate of bicyclists. The simple step of putting on a helmet can be life-saving. As Providence personal injury lawyers, we know how detrimental, and life-altering, a serious head injury can be to a victim and strongly urge scooter riders and bicyclists to always wear a safety helmet.

Aside from head injuries, common e-scooter injuries include fractures (27%), contusions/abrasions (23%), and lacerations (14%). Typical injury locations are the head, wrist, elbow, and hip.

Unsuspecting pedestrians are also victims of scooter accidents when an inexperienced rider crashes into the person or a scooter is left carelessly on the sidewalk causing a tripping hazard. The Providence E-Scooter Share Program states “when you finish your ride, make sure you park your e-scooter in a location that does not impede a pedestrian walkway”. It also suggests e-scooters be parked upright near the curb of sidewalks, leaving enough space for pedestrians to get by safely.

The Danger of E-Scooter Rentals

Lack of experience is the chief reason so many e-scooter riders are getting hurt. The vehicles are a relatively new transportation alternative and users and pedestrians alike are still getting used to how they operate and the rules of the road. Novice scooter riders who don’t take the time to familiarize themselves with the operation and safety rules set out by the rental companies and the City of Providence can be a great risk to themselves and others on the road, including motor vehicle drivers and pedestrians. Providence Personal Injury Attorney David Tapalian has seen a number of scooter collisions caused by operators driving erratically, swerving in and out between pedestrians or vehicles, and not obeying traffic rules.

Riders must obey traffic laws and follow the rules of the roads such as stopping at traffic lights and stop signs. Though allowed to operate on sidewalks or in the road, riders must go slow and yield to pedestrians on the sidewalk or on a blocked-of street. Just like a reckless motor vehicle driver, a scooter operator speeding, using alcohol or drugs, using a cell phone, and/or acting carelessly, and illegally, is at great risk for injury and accidents.

Road conditions like potholes and uneven pavement, as well as adverse weather, can also contribute to scooter accidents. E-scooters should not be used in snow or icy conditions.

Contact Tapalian Law for Your Scooter Injury

If you’ve been injured in an accident with an electric scooter, whether as the operator, a pedestrian, or a motor vehicle driver, contact an experienced personal injury attorney in Providence RI at Tapalian Law. Attorney David Tapalian has been helping injured people in Rhode Island and Massachusetts for over 20 years, recover compensation after a car accident, truck accident, bike accident, slip and fall, or other type of personal injury, caused by the fault of another. We offer a free, no obligation, consultation where we will discuss the details of your injury claim, obtain relevant medical history and police reports, and determine the best course of action for your claim. Our main office is located at 350 South Main St, in Providence, RI, with easy, free parking, as well as offices in Warwick, RI, and Seekonk, MA. If you are too hurt to come to us, our skilled personal injury team will come to you at your convenience. Call Tapalian Law today at 401-552-5000, or set up your free consultation with our online form.

What Prompted the Investigation into E-Scooter Injuries?

A considerable rise in emergency room visits for users and pedestrians prompted Austin, Texas city leaders to request an investigation by the CDC into scooter-related crashes and injuries. Seeking alternative modes of transportation in the big city, especially emission-free transportation, Austin residents took to the streets when the e-scooters arrived. Following this, emergency rooms in the area began to notice a large number of visits from electric scooter drivers with broken bones and head injuries. The ER visits included injuries both minor and major, such as a University of Texas student, a star baseball shortstop, that missed his season after he hit a pothole riding an electric scooter tearing his Achilles tendon and requiring surgery. In January 2019, Austin experienced its first scooter related death when a 21-year-old University of Texas student died a day after suffering critical injuries after his electric scooter collided with a car.

High Rate of Injury Among First-Time Electric Scooter Users

The CDC report found an especially high rate of injury among new e-scooter riders, specifically one in three injured riders were hurt on their first trip. Almost half of the hurt riders had head injuries, only one of them was wearing a helmet. As Providence personal injury attorneys, Tapalian Law urges all electric scooter and bicycle riders to wear a helmet to reduce the risk of head injury or brain injury. The most common injuries among scooter riders were broken bones, especially arms, wrists, and legs.

The study, performed among 190 e-scooter riders injured between September and November 2018, claims its findings may be highly underestimated as it only interviewed injured scooter riders who visited a local emergency room. It did not include injured riders who visited a doctor’s office, urgent care facility, or chose not to seek any medical treatment. Not only are scooter operators getting hurt, but pedestrians are getting injured by moving scooters or tripping over scooters left carelessly on the sidewalk. Though the study was confined to emergency room visits in Austin, it led researchers to conclude that more training is needed for e-scooter riders.

Why Are E-Scooters Dangerous?

The main reason e-scooter operators are getting injured so often is inexperience. Lack of experience in novice users, and not following safety rules set out by the scooter companies, creates a great safety risk to both users as well as pedestrians and other cars and trucks on the road. Just like a motor vehicle driver, driving aggressively, speeding, using a cell phone, and driving intoxicated all increase the risk of injury to an electric scooter user. It is extremely risky to operate a scooter without a proper helmet and doing so greatly increases the risk of brain or head injury if a driver is involved in a collision. Poor road conditions like potholes, can contribute to scooter accidents as can adverse weather conditions. Cars, trucks, and SUV’s also pose a risk to e-scooters on the road. Getting hit by a car or side-swiped by a truck, whether accidentally or with negligence, is significantly more dangerous to those riders not wearing a helmet. Pedestrian injuries include tripping over scooters parked or left carelessly on the street and getting hit by moving e-scooters.

What is Being Done to Make Electric Scooters Safer?

As personal injury attorneys in Providence, we are interested to know what the electric scooter companies are doing to increase the safety of their users in Rhode Island and beyond. Providence scooter companies Bird and Lime, both part of the city’s E-Scooter Share Pilot Program, have expressed their commitment to rider and community safety. Companies are doing a variety of things to make operating their e-scooters safer including redesigning features like larger wheels to better handle poorly maintained streets, re-positioning batteries to lower the center of gravity to reduce the risk of flipping forward, and distributing free helmets and/or including a helmet with a sanitary liner on the scooter that can be detached upon rental. Many are also adding additional safety instructions to the company apps to teach users how to safely operate a scooter.

Contact Tapalian Law If You Have Been Injured

If you have been hurt in a scooter accident, hit by a car or truck while riding a scooter, are a pedestrian who has been injured by a careless scooter rider, or received a scooter injury from tripping over an e-scooter left on the sidewalk, seek the advice of a Providence personal injury lawyer at Tapalian Law. Our experienced attorneys have been helping victims of personal injury in Rhode Island and Massachusetts for over 20 years. We focus on helping those hurt in accidents, including car accidents, truck accidents, motorcycle accidents, slip and falls, or work-related accidents, get rightful compensation for their suffering. We offer a free consultation of your personal injury or car accident case and will advise you of the options available to you. With offices in Providence, Warwick, and Seekonk, MA, let us begin helping you today. Call us at 401-552-5000, or contact Injury Attorney David Tapalian online.

You May Be Entitled to Compensation if You Suffer a Stroke Due to a Car Accident

If you suffer a stroke caused by a car accident in Rhode Island or Massachusetts, you may experience substantial lifelong damages. If you are unable to recover to your pre-stroke abilities, you may be rewarded extensive compensatory damages. The experienced RI and MA car accident lawyers at Tapalian Law know how to present your damages in order to seek maximum compensation on your behalf for your losses. Car accidents causing a stroke can have a significant monetary value and the insurance companies know this. Aggressive insurance companies will fight hard to prove your stroke was not a result of the injuries caused by their insured so they aren’t responsible. This is why you need a top-rated Rhode Island car accident attorney like David Tapalian on your side to fight for your legal rights. Following is a list of some of the damages your injury lawyer may present on your behalf after you suffer a stroke resulting from a car crash in RI or MA:

• lost earning capacity
• future medical expenses
• future care provider expenses
• pain and suffering
• disability
• loss of consortium

Consult with a Skilled Car Accident Attorney in RI or MA If You Suffer A Stroke After a Crash

After a car accident, seek immediate medical treatment for your injuries and contact a RI or MA car accident lawyer to determine if you are eligible to seek monetary compensation for your injuries. Even if your stroke occurred weeks or months after the accident, it may still be related to the impact of the crash. It’s important to discuss your case with a personal injury attorney experienced with medical issues that can result from an accident injury. It is essential to determine if the stroke resulted from the impact of the crash and an experienced personal injury lawyer will have the resources and knowledge to research the cause of the medical problem to determine if it is related to the motor vehicle accident. Insurance companies will fight your claim every step of the way to disprove the stroke was caused by their insured. That is why you need the aggressive legal representation of Attorney David Tapalian who is knowledgeable of all types of injuries and medical problems that arise after an accident and has the experience to represent you against the insurance companies. Call our personal injury law firm for a free consultation at 401-552-5000, or use our online contact form. With offices in Providence, RI, Warwick, RI, and Seekonk, MA, we are ready to help you seek fair recompense after you are hurt in a car accident, truck accident, motorcycle crash, or any type of vehicle collision.

At the time of a “dooring” bicycle crash, you may feel shock as well as a rush of adrenaline and injuries may not be instantly visible. You might feel bumped or bruised, but are able to get up and walk away. It is imperative to seek immediate medical attention, no matter how you feel. Inner injuries, like internal bleeding, can go undetected and without proper medical treatment can turn fatal. Bicyclists can suffer from traumatic brain injuries, especially if not wearing a proper safety helmet. Broken bones, lacerations, chipped teeth, serious bruising, road rash, and spinal cord injuries can all happen during a bike accident. If a person on a bicycle gets hits by a door, the impact might throw them into oncoming traffic causing them to get hit by a passing vehicle. Cyclists may also see a car door opening upon approach and swerve into moving traffic to avoid getting hit by the door. In 2016, a Cambridge, Massachusetts bicyclist died when a motorist opened their car door, causing the woman to veer into traffic where she was struck and killed by a truck. In a recent Rhode Island Accident Lawyer Blog, Tapalian Law explained the “Dutch Reach”, a habit that motorists can adapt when exiting a vehicle to prevent and avoid “dooring” accidents.

Steps to Follow After a “Dooring” Bicycle Accident

• Call 911 to seek police assistance and medical help.
• Have the driver of the vehicle involved, and any witnesses, stay at the scene of the accident. Obtain the driver’s license and insurance information, vehicle make, model, and license plate number. If the driver flees the accident scene, try to get the license plate number and description of the vehicle and ask witnesses for the same.
• File an incident report with the police including statements from witnesses.
• Seek immediate medical attention by visiting the Emergency Room, local walk-in clinic, or your doctor, even if you don’t feel hurt.
• Contact an experienced bicycle accident injury attorney like David Tapalian. The RI personal injury lawyers at Tapalian Law will instruct you step by step how to proceed following your Providence accident.

Who is Liable for Car Door Related Accidents in Rhode Island?

Motorists have a responsibility to safely operate a vehicle, including opening the door only when it can be done without harm. In Rhode Island, commonly the driver or passenger who opened the door negligently is solely responsible for a car door related incident, or “dooring”. Less commonly, the bicyclist may share blame for the collision if it can be shown they were not adhering to traffic laws, or were otherwise acting recklessly. Personal injury lawyer David Tapalian is well versed in the legalities surrounding bicycle accidents, pedestrian accidents, and car crashes. Tapalian Law will review the specifics of your accident case to determine if the driver who hit you can likely be held liable for your injuries. Although 40 states have laws relating to opening car doors, only four states have specific language referring to bicyclists and pedestrians. These states are Rhode Island, Massachusetts, Oregon, and Washington D.C. Rhode Island Law Pertaining to Opening Vehicle Doors Universal Citation: RI Gen L § 31-21-14 (2012)

• 31-21-14 Opening vehicle doors. – No person shall open the door of a motor vehicle on the roadways, streets, or highways of this state, available to moving traffic, unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall leave a door open on the side of a vehicle available to moving traffic, including pedestrians and bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to load or unload passengers. Any person violating the provisions of this section shall be fined as provided in § 31-41.1-4.

Contact a Bicycle Accident Attorney If You Are Hurt in a Bike Accident in Providence

Personal injury lawyer David Tapalian has helped multitudes of clients who have been injured in bike accidents, motorcycle crashes, and automobile collisions. If you, or a loved one, has been hurt in a bicycle accident by a negligent driver, you may have a valid personal injury claim and may be eligible for damages and compensation related to your injuries such as lost wages, medical expenses, and emotional distress. Bicyclists are more likely to be hurt or killed by a car than anything else on the road and motorists and cyclists must learn to coexist in cities like Providence for everyone’s safety. Contact the personal injury lawyers at Tapalian Law for a free review of your Rhode Island accident case or Massachusetts personal injury case. Call our bicycle accident injury lawyers at 401-552-5000, or email us today.

“Dooring”: Car Door Related Accidents in Providence

A “dooring” is a type of traffic collision where a cyclist rides into a car door or is struck by a car door that was opened without checking the side view mirror for cyclists. Dooring is unfortunately a very common occurrence among cyclists and one that personal injury lawyer David Tapalian sees frequently. It is not only scary, but can be deadly. A car driver doesn’t normally intend to open their car door to hurt a cyclist, but the results can be tragic nonetheless regardless of intention. The opened door may hit the cyclist causing them to crash head-on or if the bicyclist is able to see the door opening quickly, they may swerve into traffic to avoid the open door, thereby crashing into a moving vehicle or falling off their bike. Either way, the outcome can cause detrimental injuries to the bicyclist and to other cars, passengers, or pedestrians, on the road. What is the Dutch Reach?

Not many Rhode Islanders are familiar with the term “Dutch Reach”, but we should be. The practice can be lifesaving. A phrase referenced by Dr. Michael Charney, a retired physician and avid bicyclist, the Dutch Reach is a maneuver a driver can adopt prior to exiting their car to prevent a dooring. It is widely practiced in the Netherlands, a country that relies heavily on bicycles for transportation. Generally, a driver exits their vehicle by opening the car door with their left hand. Instead, by reaching across our body to use the opposite hand to reach the door handle, the Dutch Reach, this causes us to turn our bodies toward the side view mirror, out and back over your shoulder to spot an approaching bicyclist or pedestrian. Only after seeing a clear view, the driver or passenger should then open the car door slowly. This slight pause can save a life or prevent serious injuries caused by a dooring crash.

Who is Responsible for Car Dooring Accidents in Rhode Island?

Many states have laws related to car dooring, including Rhode Island. You may have a valid personal injury case if you, along with your bicycle accident attorney, can prove negligence on the part of the driver who opened the door even if it was not done with the intention to cause injury.

Rhode Island Bicycle Law Pertaining to Dooring Universal Citation: RI Gen L § 31-21-14 (2012)

• 31-21-14 Opening vehicle doors. – No person shall open the door of a motor vehicle on the roadways, streets, or highways of this state, available to moving traffic, unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall leave a door open on the side of a vehicle available to moving traffic, including pedestrians and bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to load or unload passengers. Any person violating the provisions of this section shall be fined as provided in § 31-41.1-4.

An experienced RI bicycle injury lawyer like David Tapalian can assist you with your bicycle injury case and help determine if the defendant (ie. person who opened the car door) was negligent and failed to use reasonable care which resulted in your injuries. In Rhode Island, you will need to prove that the defendant owed you, the cyclist, a duty of care to safely open the door. If they did owe you a duty of care but failed to carry out this duty therefore causing you injury that resulted in damages, you may have a valid personal injury claim.

Contact a Providence Personal Injury Lawyer for Your Bicycle Accident Injuries

Tapalian Law has helped numerous clients injured in bicycle accidents in Rhode Island and Massachusetts. Bicycle accident attorney David Tapalian is experienced with the types of personal injury that can transpire from a bike accident and has been successful in winning compensation for numerous bike accident clients who have suffered both minor and traumatic injuries when their bike collided with a vehicle. If you or a family member were hurt in a Rhode Island bicycle accident, you may have a valid personal injury claim and may be eligible for damages such as medical expenses, lost wages, emotional distress, and other associated costs related to the injury. Call the bicycle accident injury lawyers at Tapalian Law at 401-552-5000, or email us today.

The Providence Journal recently asked bicycling advocates whether they think the biking systems in Rhode Island are safe for children and the responses were mixed. Much depends on where the child lives, goes to school, and whether the traffic in that area moves at slower speeds. Overgrown trees and bushes are a huge issue for bicyclists at crossings, making it difficult for bike riders and vehicle drivers alike to see each other. Providence Mayor Jorge Elorza cites that children can, in fact, safely ride in the city and that efforts are made to plan the city around people, not cars. He added that a city bicycling advisory council provides input into bike safety as new projects are developed throughout Providence. Bicycle crossings have been installed by the Rhode Island Department of Transportation (RIDOT) at various busy intersections and “Sharrows”, symbols painted on the road with the symbol of a cyclist with arrows, were installed to remind drivers to share the road with bicyclists. After the death of the young boy in Bristol, RIDOT vowed to review every spot where dedicated bike paths cross roads. The Rhode Island Department of Environmental Management (RIDEM) is responsible for maintenance issues along the bike path and Rhode Islanders are encouraged to contact them with maintenance concerns like shrubbery overgrowth.

Bicyclist Road Fatalities in Rhode Island

Over 800 people were killed in 2015 in the U.S. in crashes involving a bicycle and motor vehicle, according to the National Highway Traffic Safety Administration (NHTSA). Deaths among bicyclists under the age of 20 have declined tremendously since 1975, perhaps due to a bigger push for children to wear bicycle helmets and safer areas to ride. Alarmingly, deaths among bicyclists aged 20 and older have nearly tripled since 1975 and are more prevalent among males, according to helmets.org. In Rhode Island, there were 11 deaths involving bicyclists from 2007-2016, according to the Providence Journal article.

2007:1

2008:1

2009:0

2010:2

2011:0

2012:2

2013:3

2014:0

2015:0

2016:2

Bicycle Safety Tips for Children & Adults

When it comes to kids riding a bike on their own, it is urged that a parent or other mature adult ride alongside the child until you feel comfortable they are able to make good judgments on their own. Children are not seasoned like most adult drivers and are less able to sense distracted or negligent drivers.

• Some general safety rules for riding a bike:
  • Ride with the traffic flow. Ride on the right side in the same direction as other vehicles.
  • Obey all traffic laws, just as if you are driving an automobile.
  • Yield to traffic when appropriate.
  • Stay alert at all times and it goes without saying do not operate a bicycle, or any vehicle, under the influence of alcohol or drugs.
  • Look before turning and signal to notify other drivers, bicyclists, and pedestrians.
  • Watch for parked cars. Drivers may open their car door to exit and not realize a cyclist is riding by.

There are many good bicycling safety references for children online, including Safe Kids, NHTSA, and Helmets.org. Contact Tapalian Law if You Are Hurt in a Bicycle Accident in RI or MA

A person on a bicycle is no match for a heavy car or truck. A crash between a bicyclist and automobile frequently has a disastrous outcome. Severe personal injury can ensue including head trauma, broken bones, and fatalities. If your child, or another loved one, has been hit by a car while riding a bike, you need a skilled RI bike accident attorney on your side. An experienced personal injury attorney who specializes in bike accidents, like David Tapalian, can help you navigate the complicated legal process that follows a bike or car accident. When victims are injured, they often have no idea who to turn to for assistance. Attorney David Tapalian and his professional legal team knows how difficult the aftermath of a traumatic accident can be and will be by your side from start to finish. Tapalian Law will seek compensation on your behalf for your injuries and we do not get paid unless you are rewarded compensation. With offices in Providence, RI, and Seekonk, MA, we have successfully helped countless victims fight for fair treatment throughout the entirety of their legal case. Call us today at 401-552-5000, or email us, so we can begin the process of getting you on the road to recovery.

Inexperienced Drivers Often Cause Accidents Resulting in Personal Injury

While many view rental scooters as a welcome and environmentally friendly addition to cities, others have some concerns. Cities where rentals are currently offered have seen a spike in emergency injuries to riders, as well as pedestrians. The main cause for the injuries is inexperienced scooter operators. As personal injury lawyers, Tapalian Law knows with inexperience comes an increased risk of injury. Just as new teenage drivers have a higher accident rate than more experienced drivers, the same is likely to occur with scooter riders. The Cedars-Sinai Emergency Department in Los Angeles states they have seen a “definite increase” in patients seeking medical treatment for head, wrist, elbow, and hip injuries related to scooter usage. Older patients are especially vulnerable to these injuries. Although Bird recommends riders wear a proper safety helmet, many riders are not heeding the recommendation. Nor are they wearing additional protective gear such as knee and elbow pads, and wrist guards. And it’s not only riders that are getting hurt. Pedestrians are getting injured as they try to avoid getting hit by reckless scooter drivers navigating sidewalks. In addition, operators of the scooters are often wearing earbuds which can make them oblivious to traffic and pedestrians around them, adding to the potential for injury. As Rhode Island personal injury lawyers, Tapalian Law can see the concerns pedestrians and car and truck drivers in Providence have about inexperienced scooters joining the traffic flow and the potential for accidents and injuries.

Providence City Regulations for Scooters

The reason the scooters disappeared in Providence? Bird had not been authorized by the Department of Public Works and had not received permission to be in the city. Bird voluntarily removed their vehicles and the city is currently establishing regulations for the scooter company to comply with such as:

• Maximum number of scooters available for rent will be 300.
• Scooters will be distributed throughout 5 city zones.
• Rental companies, such as Bird, must accept all liability for loss related to the use of the scooters and provide the city with an insurance policy of at least $1 million.

Some cities have already banned the use of scooters, such as Cambridge, MA, while others are providing a trial period for the vehicles to see what effect their usage has on traffic and safety and what regulations need to be put into place.

If You Have Been Hurt in an Accident, Contact Tapalian Law

Despite the risks for personal injury, the popularity of these vehicles seems to be increasing. If you have been hurt in a scooter accident by an inexperienced or negligent driver, seek out the experience of a skilled Providence personal injury lawyer at Tapalian Law. As with all things new, there will be a learning curve while accepting a new mode of transportation. Currently, there is no system in place to regulate actual compliance with rules set forward by Bird, such as helmets being required for rentals and riders being required to be at least 18 years old and have a valid driver’s license to operate the scooters provided by Bird. In addition, riders are encouraged to utilize bike lanes when possible and not to operate the scooters on sidewalks. However, passersby in Providence did not see these rules being heeded all the time during the summer period Bird operated in the city. As regulations and compliance systems are still being ironed out to ensure safety, there will undoubtedly be further issues and concerns as well as accidents and injuries. Attorney David Tapalian has over 15 years of experienced helping victims of pedestrian accidents, bicycle accidents, motorcycle accidents, and auto accidents. If you, or a loved one, has been hurt in Rhode Island or Massachusetts, seek out the expertise of the personal injury attorneys at Tapalian Law. Call us today at 401-552-5000, or email us.

How is Keyless Ignition Causing Fatalities?

Keyless entry and keyless ignition are both automotive features that allow a vehicle to be entered, or the engine started, without having to manually handle a key. If the key fob is on the person, in their hand, a pocket, or purse within the designated distance range, the key fob can transmit a radio signal therefore allowing the car door to be opened or the engine started. On the other hand, it also allows the driver to exit the vehicle with the key fob while the car is still running. Many newer model cars, especially electric or hybrid vehicles, are extremely quiet leaving us to sometimes question if the engine is even running. Because the vehicle is so quiet, it can be easy to forget to turn off the engine and leave the vehicle running. Older drivers can be especially prone to doing so. But this is where the danger of carbon monoxide lies. If said vehicle is parked inside an enclosed garage attached to a home, the carbon monoxide can build up and seep into the home silently poisoning those inside, often in their sleep. Carbon monoxide is a poisonous gas that one cannot see, taste, or smell. When breathed in, it can displace oxygen in the blood depriving the heart, brain, and other vital organs of necessary oxygen. This can result in death. Those with carbon monoxide exposure that is not fatal may end up with other sicknesses and injuries such as headache, dizziness, vomiting, nausea, or unconsciousness, as well as brain damage. Some automotive manufacturers are facing wrongful death lawsuits or personal injury lawsuits as a result.

Keyless Ignition Deaths, Statistics

A recent New York Times report, Deadly Convenience: Keyless Cars and Their Carbon Monoxide Toll, found that approximately 28 deaths and 45 injuries can be linked to carbon monoxide exposure caused by keyless systems. The reason? Without having to turn a key, the victims left their vehicle and forgot to turn off their engines resulting in carbon monoxide poisoning. Many of the deaths resulted from the running vehicle being left in an enclosed garage attached to a home.

What Changes Are Being Made to Make Keyless Ignitions Safer?

Years back a proposal was made by the Society of Automotive Engineers, the world’s leading automotive standards group, to require safety features in vehicles with keyless ignition. Suggestions included a series of beeps to alert drivers the car was still running without the key fob nearby, or for the engine to shut off automatically after a period of time. The National Highway Traffic Safety Administration (NHTSA) supported similar implementations but nothing was ever finalized although proposals are still under review. Currently regulators are relying on individual car manufacturers to include these safety mechanisms voluntarily. While some vehicle manufacturers are going above and beyond these measures, others are falling short. For example, Toyota vehicles including Lexus, were involved in almost half of the carbon monoxides deaths and fatalities, per the report in the New York Times article. As of now, wrongful death and personal injury lawsuits against various auto manufacturers for these deaths and injuries continue to increase.

Contact a RI Personal Injury Lawyer if You Have Been Hurt

While the number of deaths and injuries from keyless cars left running is estimated, we don’t know for sure the exact figures as no federal agency keeps complete records at this time. Regulators continue to propose better solutions to this harmful automotive issue. In the meantime, the number of injuries and deaths continue to rise as vehicles with keyless ignition become even more prevalent than they already are and seem to especially affect older drivers. If you, or a loved one, has experienced an injury or fatality due to a possible car manufacturer defect, contact an experienced personal injury lawyer. Attorney David Tapalian has helped numerous Rhode Island and Massachusetts residents recover compensation for auto accident related injuries. Contact Tapalian Law today for a free consultation of your personal injury case at 401-552-5000 or online.

Common Injuries from Slip & Fall Accidents

Injuries from a slip and fall can range from very minor, a bump or bruise, but can also be quite serious or fatal. In fact, half of all accidental deaths in the home are caused by a fall according to the National Floor Safety Institute (NFSI). Injuries are habitually more severe in the elderly. Fractures are a very common fall injury and can be grave. Other fall related injuries are sprains, torn ligaments, head, back, neck, and shoulder injuries, brain injury, concussions, and spinal cord injuries. Falls make up 87% of fractures seen among those over the age of 65 and are the second leading cause of spinal cord and brain injury. Check out a previous Tapalian Law injury blog for potential slip and fall hazards and how to prevent them.

Elements of a Rhode Island Slip & Fall Case

In a potential slip and fall injury lawsuit, there are some important questions your RI slip and fall attorney will look to answer.

Duty– Did the owner of the property where you fell have a “duty of care” to protect those coming onto the property? A property owner, whether residential or commercial, must use a degree of caution and concern that a prudent and rational person would use under similar circumstances. For example, if you are entering into a grocery store the day after a snow storm, one would expect the property owner to keep the walkways maintained and free of snow and ice for customers.

Breach of Duty– Did the owner breach this duty of care? In the example of the grocery store, did the owner breach the duty of care by failing to remove snow and ice leaving the walkways slippery for customers to potentially slip?

Causation– Did this breach cause injury or harm? Did you, the customer, slip and fall on a patch of ice on the walkway causing a broken arm?

Damages– These can be economic damages (ie. hospital bills, physical therapy costs, lost wages) or non-economic damages (ie. Pain and suffering, reduced quality of life). Did you incur damages for the broken arm such as medical bills, lost time away from work, physical therapy costs, etc.?

Slip & Fall Law in Rhode Island

Rhode Island personal injury cases follow the Comparative Negligence Law. Simply put, this means that if a plaintiff (the injured person) is proven to be hurt and awarded compensation, they may still be found to be partially at fault and awarded a percentage of the damages. In the case of the slip and fall on an icy grocery store walkway, if the grocery store provided video surveillance showing that you were horse playing on the icy walkway for five minutes prior to slipping and falling resulting in a broken arm, the grocery store may claim that you are 30% responsible for the accident. If this is found to be the case, the store may only be on the line for 70% of the damages, with you being responsible for the remaining 30%. So, if your incurred damages amount to $10,000, the grocery store may only be obligated to pay 70% of them, amounting to $7,000. You would be responsible for the remaining $3,000.

Rhode Island General Laws section 9-20-4 What to Do After a RI Slip & Fall Accident

• Report your injury to the property owner and complete an incident report.
• Take photos of the incident location right after the accident, prior to any clean up or repairs being made.
• Seek medical attention for your injuries.
• Contact a Rhode Island slip and fall personal injury lawyer, like Tapalian Law.

Contact a Rhode Island Slip & Fall Injury Lawyer After Your Accident

If you have been hurt in a slip and fall accident, whether at a grocery store, restaurant, a friend’s home, or the workplace, do not hesitate to seek the legal advice of a skilled RI slip and fall attorney like David Tapalian. Big companies have experienced lawyers on their side, so should you. A practiced personal injury attorney may seek video surveillance, witness statements, photos, and prior incident reports deemed applicable to your injury case. Slip and fall accidents can get very expensive with emergency room treatment, surgery, physical therapy, and time lost from work. If your fall occurred due to the lack of reasonable care or maintenance by another person or business owner, you should not be left paying for the high costs. Seek the experience of slip and fall lawyer David Tapalian for a free no-obligations consultation for your injuries. Contact Tapalian Law today at 401-552-5000, or reach us online.

Bicyclists & Head Injuries

As personal injury lawyers, we know that like the large majority of car accidents, bicycle accidents often take place close to home. Bicycle accidents can happen anywhere, and they do. Whether it be a leisurely bike ride down the street for exercise or high-speed training for a bike race far from home, it doesn’t matter. The Bicycle Helmet Safety Institute states that “All it takes is gravity – the distance to the ground- to cause a head injury”. A low-speed fall can be just as dangerous and cause just as much trauma as a high-speed fall. Without a properly fitting bicycle helmet, one is much more likely to endure a head trauma or brain injury than is a rider with proper head protection. In fact, one startling statistic reported by New York City states that 97% of cycling deaths and 87% of serious injuries occurred to people who were not wearing helmets.

If head injuries are so severe, then why don’t more bicyclists wear a helmet? Good question – and there are various reasons people give. Teenagers may balk at parental safety rules and fear looking “uncool” but parents must stand their ground. Experts say teens probably have the greatest risk and the most to lose from a head injury with their still-developing brains. Others claim a helmet does not prevent a concussion. However, a properly fitting helmet can reduce the impact and likelihood of a brain bleed or a skull fracture as well as a host of injuries. Types of personal injury from bicycle accidents run the gamut- from bruises, scrapes, and cuts, to broken bones and head injuries. Some Providence residents may ride a bicycle to work to cut down on city traffic, reduce emissions, or to save money. These are all admirable reasons to ride a bike instead of drive a car. But to reduce the risk of personal injury, bicycling must be done safely. Not wearing a helmet to avoid arriving to work with “helmet hair”? Just not worth it.

If You’ve Been Hurt in a Bike Accident, Contact a Providence Bicycle Accident Injury Attorney

As Rhode Islanders we have innumerable beautiful routes to bike and sight-see and we should take advantage. Bicycling is a great way for the whole family to spend time together in a healthy way. It cannot be stressed enough though, the importance of wearing a properly fitting bicycle helmet and following bicycle safety road rules. We wish you safe travels in your biking adventures, however if you, or a loved one, do get injured in a bike accident in Rhode Island or Massachusetts, whether you are hit by a car, truck, or SUV, know that the bike accident attorney’s at Tapalian Law are here to help you. We are experienced personal injury lawyers who have helped countless clients recover compensation for their injuries caused by a bike accident, car accident, truck accident, or slip and fall, or other type of injury caused by the fault of another person. If you are injured, do not wait to contact us. Call Providence accident injury attorney David Tapalian today at 401-552-5000, or contact us online.

Rhode Island Motorcycle Helmet Laws

Rhode Island does not require motorcycle operators to wear a helmet. It does, however, require all passengers riding on a motorcycle to wear a helmet. The exceptions to this rule are for those operators under the age of 21 as well as new operators within their first year or riding, regardless of age. Both are required to wear helmets at all times. Rhode Island requires a special license to operate a motorcycle in addition to the completion of an approved motorcycle safety course.

Why Don’t More RI Motorcyclists Wear Helmets?

Statistics show many times over that using the proper equipment while operating a motorcycle, especially a protective helmet, can significantly prevent or reduce injuries. The latest data from the National Highway Transportation Safety Association (NHTSA) shows that motorcyclists are 27 times as likely as passenger car occupants to die in a traffic crash and 6 times more likely to be injured. Attorney David Tapalian agrees these are scary figures and knows first-hand the reality of life-threatening motorcycle injuries. However, some motorcyclists insist it is their right to choose what to wear when they ride and that the government should not take away that right.

Recommended Riding Gear for Motorcyclists

Although Rhode Island law does not require a helmet, it does require all motorcycle operators to wear eye protection, whether it be glasses, goggles, or a face shield. These protective measures can prevent, or reduce the severity of eye injuries from flying debris like stones or insects, or in the event of a crash. It is advised that motorcycle operators and passengers wear the proper gear to protect their bodies from injury in the case of a collision. Proper gear includes a heavy-duty jacket, like leather, pants, gloves, and heavy shoes or boots that cover ankles. Strong materials such as leather or heavy denim rip less easily than other weaker materials and have a more protective effect against abrasions that may occur in a collision with another vehicle or from a fall on rough road cement. It is also recommended to wear bright colors with reflective material to make motorcyclists more visible to automobile drivers. The NHTSA provides tips for choosing an appropriate helmet that is approved by the U.S. Department of Transportation (DOT).

Have You Been Involved in a Motorcycle Crash?

If you’ve been hurt in a motorcycle accident, contact the RI motorcycle accident lawyers at Tapalian Law. Attorney David Tapalian is well-versed in the trauma that can be caused by an automobile hitting a motorcycle. Certain family members may be eligible to file a wrongful death action should there be a fatality. Compensation can be sought for injuries, including hospital bills, lost wages, out of pocket medical expenses, pain and suffering, and emotional anguish. An experienced motorcycle accident attorney like David Tapalian will help you every step of the way throughout your personal injury case. We provide a free consultation to review the details of your accident and are here 24/7 to answer your questions. Contact us today at 401-552-5000. For more details on what our firm can do to help motorcycle accident victims, visit our website.