Why are Some Airbags Dangerous?

Over time, when exposed to high heat and humid conditions, it’s been shown the metal parts inside the defective airbag may rupture. These explosions of shrapnel can result in severe injuries or death to the driver and/or their passengers. The National Highway Traffic Safety Administration (NHTSA) has confirmed at least 22 deaths in the U.S. due to defective Takata airbag inflators, and over 400 alleged injuries. Takata supplied these defective airbags to a large number of automakers, resulting in one of the biggest recalls in U.S. history. According to the NHTSA, approximately 67 million air bags are included in the recall in tens of millions of vehicles.

Older vehicles with the malfunctioning apparatus, as well as those in warmer weather, are deemed riskier and more prone to explosion. If you’ve been hurt in an auto accident caused by a faulty airbag, contact an experienced personal injury lawyer like Attorney David Tapalian. Tapalian Law can help you determine what steps to take after your RI, MA, or FL car accident.

Is My Car Part of the Takata Airbag Recall?

Motorists are urged to check their vehicle immediately to determine if it is part of an airbag recall, or any other type of recall. The NHTSA offers an online recall tool that uses a vehicle’s VIN to determine if the vehicle is part of a recall and requires repairs. Owners can also contact the manufacturer or their local dealer directly. Auto manufacturers urge those with cars and trucks included in the Takata recall to park the vehicle and immediately contact the dealer for a free repair. Every airbag recall must be replaced, however the year, make, and model of your vehicle will determine its immediacy. For instance, older vehicles are a top priority since their airbags are more likely to have long-term exposure to hot and humid conditions, making the equipment more prone to a dangerous explosion. Cars and trucks being operated in warmer climates, such as Florida, also pose a higher safety risk.

A large number of auto manufacturers were supplied defective airbags by Takata, including, but not limited to, certain makes and models by Dodge, Chrysler, Honda, Mazda, Acura, and Ford. Even if you do not own one of these models, all automobile owners are urged to conduct a search periodically to determine if their car or truck is involved in any type of recall.

Types of Airbag Injuries

As seen in the multitude of fatalities and injuries related to defective airbags, auto accident injuries run the gamut from fatal or life-threatening, to minor bumps and bruises. Even if an airbag is not defective, when it deploys it can prevent injury, but it can also cause harm. Some common injuries related to airbags include cuts and bruises, burns, injuries to the eye or face, hearing loss, and respiratory issues from the chemicals released when the equipment deploys. More often however, it’s important to note that when in proper working condition, airbags can effectively prevent innumerable injuries and deaths.

Contact an Injury Lawyer if You are Hurt in a Car Crash

If you’ve been involved in any type of auto accident in Rhode Island, Massachusetts, or Florida, seek expert advice from a highly regarded and knowledge personal injury attorney at Tapalian Law. Well-versed in all aspects of personal injury law, Attorney David Tapalian has been helping clients for over 20 years throughout RI, MA, and FL. When someone else is at fault for your injuries and vehicle damage, you need to ensure you are compensated fairly for your losses. Contact Tapalian Law to schedule a free consultation to discuss your auto accident injuries, or call our Providence RI office at 401-552-5000, to let us begin helping you.

You may find it reassuring to know that these seemingly brighter headlights are not just your imagination. There’s no denying the automotive industry has made tremendous safety improvements over the years, including improvements in lighting technology. Sometimes, however, these enhancements lead to an alternative problem, for instance the blinding glare of LED and high-intensity headlights. There are various reasons for these brighter lights causing a dangerous distraction to drivers, one being the prevalence of SUV’s and tall pickups, as well as small, short cars. The physical placement of headlights on a taller vehicle, such as an SUV, are going to be mounted higher and when the lights shine towards a shorter car, it can be directly into the driver’s eyes. Complaints of blinding glare from these headlights have increased greatly, according to the NHTSA. Being that over half of the nation’s motor vehicle accidents happen in the dark, as a personal injury law firm helping Rhode Island car accident victims, we feel it’s a crucial element for drivers to be aware of. Reasons for the Blinding Glare

Another reason automobile headlights may appear brighter is because of different colors used, even if the actual brightness is the same between the two. In the past, many head lights were halogens, which appeared to possess a more yellow hue. More frequently, we now see LED lights which appear whiter and may contain blue undertones. Even when the intensity of brightness is similar for both of them, our eyes perceive the latter as brighter. Halogens also have a decreased brightness measure of 1300 lumens compared to LEDs which are 1600 lumens. In addition, there are even brighter lights called high-intensity discharge/xenon, that measure 3000 lumens and the potential for laser headlights emitting 6400 lumens.

Headlights not only have different intensity levels, but they possess different measured temperatures. As lights increase in temperature, they begin to glow and get whiter which is perceived by the human eye as brighter. Beyond the physical lights themselves, different conditions can affect the way our eyes perceive them. For example, excessive sun and overuse can cause headlights to develop a haze that increases the chance of glare.

The Future of Headlights

In 2020, Ford issued a recall of their F-150 model due to a problem with headlight brightness. The switch that controlled the lights was unable to turn off the high beams when the low beams were in use. As a result, passing drivers were momentarily blinded as they attempted to pass or when they were directly in front of these vehicles. There are future developments that may affect how bright headlights appear moving forward and can hopefully prevent injury to those on the road at night. With the creation of adaptive driving beams, the hope is that there will be less glare for passing vehicles which will decrease the chance of car accidents. The new technology works by dimming the headlights when a motion sensor detects the movement of another vehicle nearby. Europe already has a similar system in place and allows you to leave the headlights on at all times. Not only will the chance of a Rhode Island auto accident be less likely due to decreased glare, but there will also be less distractions since you will no longer need to focus on turning them off and then on again. Additionally, since the headlights will never be truly off, only dimmer, you will always be able to see what is around you.

Ford has created the Glare-Free Highbeam which not only adjusts automatically to dim the headlight, but also has different settings that can adjust both the intensity and the physical angle of the light. The new system automatically changes the setting based on how fast the car is going, how much light is around, and how far away other vehicles are, among other variables.

One option for drivers who are frequently affected by glaring headlights is to purchase clear glasses which can block out the ultraviolet light that adds to the glare. You can also ensure that your front window is clean and free from dirt so light will not refract when it enters through your windshield.

A RI Personal Injury Lawyer Can Assist After a Headlight Glare Accident

If you were involved in a car accident in Rhode Island or Massachusetts due to defective headlights or the glare from another vehicle, contact Tapalian Law today. Attorney David Tapalian has decades of experience helping victims of all different types of car accidents across RI, MA, and FL. Each of our clients receive individualized attention and will be able to access our lawyers at any time of day, including nights and weekends. Email us to schedule a free consultation or call us at 401-552-5000 to speak with our legal team immediately. Our office works with victims of motorcycle, bike, and pedestrian accidents and offers easily-accessible office locations in Providence, Warwick, Seekonk, and Fort Lauderdale.

Injuries Leading Cause of Death for Children

Accidental injuries are the leading cause of death for children under the age of 19, according to the Centers for Disease Control (CDC), and furniture tipping is more common, and dangerous, than one thinks. Every 30 minutes, a child is sent to the emergency room because of tipping furniture, according to the Consumer Product Safety Commission (CPSC), and a child dies every ten days. Sadly, most of these tip-over incidents are preventable.

According to legal documents filed by attorney’s in the wrongful death claim, the boy’s parents were safety-minded. They had baby-proofed their home and even secured other heavy pieces of furniture in the home considered to be a potential danger. Lawyers argued the couple never thought that the short, three-drawer dresser, the Malm model, was a concern and claimed that Ikea knew that the piece of furniture “lacked counterbalancing weight on the back and bottom of the dresser, causing the dresser to be top-heavy and front-heavy, so as to render it unstable”.

Child safety advocates say at least ten deaths are linked to Ikea dressers due to tip-over accidents, 9 of which involved a recalled dresser. The law firm representing the boy’s parents in the wrongful death lawsuit also represents two other families whose children were killed by the same type of Ikea dresser. In 2016, 29 million chests and dressers, 8 million of the Malm model, were recalled due to a propensity to tip over resulting in an entrapment hazard that could result in death or injuries to children. The company offered owners a wall-anchoring kit or a full refund.

What is Being Done to Prevent Child Accidents Like This?

Child safety advocates are urging Ikea to strengthen efforts to inform consumers of potentially hazardous furniture, and make it easier to remove recalled dressers and obtain a refund. In 2019, Ikea announced the release of a line of dressers designed to reduce tip-overs that can result in child injuries and death. Consumer groups are also pushing for furniture manufacturers to be held to stricter safety standards. As a wrongful death lawyer in Rhode Island, Attorney David Tapalian knows that no matter how much money a grieving family receives for a settlement, it can never make up for the loss of a child or family member. With this knowledge, large settlements like this do make companies sit up and take notice and, hopefully, work harder to do the right thing to protect consumer safety.

Filing a Wrongful Death Claim in RI

In Rhode Island, wrongful death laws entitle an eligible person, such as a parent, spouse, or child, to seek and recover damages on behalf of a person whose death was caused by a wrongful act, neglect, or default of another. Commonly, wrongful death cases are brought by families of victims killed in car accidents, motorcycle accidents, pedestrian accidents, or a childhood accident. Rhode Island has a three-year statute of limitations, or deadline, to file a wrongful death claim and this time period begins after the death of the person caused by a wrongful act, neglect, or default is discovered, or should have been reasonably discovered. An experienced Rhode Island wrongful death attorney like David Tapalian, can determine your eligibility to file a wrongful death claim, and after collecting crucial information pertaining to the claim, estimate what he expects is a reasonable amount of compensation to pursue. Compensation awarded in wrongful death lawsuits varies widely and depends on a large host of factors including, but not limited to, the deceased person’s income, incurred hospital and medical expenses, pain and suffering, and punitive damages.

Contact a RI Wrongful Death Attorney at Tapalian Law

No amount of money can ever replace the loss of a loved one. Compensation for damages awarded in a Rhode Island wrongful death lawsuit can help the family with expenses associated with the death and assist monetarily with the loss of support from the deceased victim. Attorney David Tapalian is an experienced wrongful death lawyer in Rhode Island and Massachusetts and has helped a number of families in RI and MA recover compensation for the loss of a loved one in a tragic fatal accident. Tapalian Law offers a free consultation for your wrongful death, car accident, or other type of personal injury claim. With offices in Providence, RI, Warwick, RI, and Seekonk, MA, we are easily accessible to those all over RI and MA. Contact a wrongful death lawyer at Tapalian Law today at 401-552-5000 or contact us with our easy, online form.

Reason for the $27.25 Million Civil Penalty

A civil penalty is defined as a financial penalty imposed by a government agency as restitution for wrongdoing. The civil penalty the CPSC sought against Polaris resolved the violations concerning the RZR and Ranger ROV. CPSC agreed not to seek civil penalties for failure to report hazards or defects in vehicles that Polaris had reported to CPSC by June 29, 2017. Polaris also agreed to sustain an amped up compliance program to ensure future compliance with the Consumer Product Safety Act as well as internal controls to ensure any future incidents are dealt with in a timely manner. By Polaris settling this matter, it does not mean they admit to all of the CPSC charges.

The off-road vehicles involved in the Polaris $27.25 million civil penalty are the RZR and Ranger recreational off-road vehicles (ROVs). CPSC claims that Polaris received information the RZR could catch fire while driving, resulting in potential burns and injuries to drivers and passengers. Despite having this information that could cause a substantial hazard or unreasonable risk of serious injury or death, Polaris failed to report it to the CPSC as required by federal law. When Polaris finally did report the risk, it had already received reports of 150 fires, including one fatal fire, 11 burn injury reports, and a fire that consumed 10 acres of land. The Ranger ROV had problems concerning a heat shield that could come lose and fall off, posing fire and burn hazards. Polaris made two design changes to the vehicle, reported the fires to the CPSC, and also announced a recall of certain versions. However, even after the recall, Polaris continued to receive reports of problematic heat shields including fire reports. Polaris only reported these incidents to the CPSC when it had received 10 reports of heat shield concerns, including five involving fires.

Off-Highway Vehicle (OHV) Safety

Although the terms are often used interchangeably, there are three main subsets of vehicles classified under the broad term of OHV. They are All-Terrain Vehicles (ATVs), Recreational Off-Highway Vehicles (ROVs), and Utility Task Vehicles (UTVs). Although there are differences between each there is one very important thing to remember that is consistent with them all. Each carry risk of serious injury and death when not used properly or with the appropriate safety equipment. They are especially dangerous to children and teens and the injuries incurred by this younger age group is often more severe than the injuries incurred in a car accident, as noted in a recent Tapalian Law personal injury blog.

When collecting death and injury data related to recreational off-road vehicle use, the CPSC compiles OHV fatalities together although deaths are mostly comprised of ATV and ROV accidents. In 2017, 507 fatalities were identified in the U.S due to mostly ATV and ROV usage. In 2016, 678 fatalities were identified. Tragically, most OTV accidents are preventable. Vehicle rollover, ejection, and collisions are some of the most common types of accidents. Proper training and use of appropriate safety equipment is a must to assist in the prevention of serious death and injury from a recreational vehicle accident.

Off-Road Vehicles in Rhode Island

Rhode Island state law does not allow ATV’s on public roads. Massachusetts and Connecticut state law forbid the same. Many states however do allow the OHV’s on public roads (on-road) and unfortunately the majority of ATV related fatalities take place “on-road”. Rhode Island considers off-road vehicles as “recreational” and to be used “off-road”, although they do require them to be registered through the Rhode Island Department of Environmental Management (DEM) to lawfully use them. RI personal injury lawyer David Tapalian is familiar with the tragedy that can result from a severe crash. His Providence based personal injury law firm handles personal injury cases all over Rhode Island and Massachusetts.

Have You Been Injured in a Recreational Vehicle Accident in Rhode Island?

If you, or your child, have been hurt in an OHV, ATV, ROV, or UTV accident, whether it be a roll over, collision, ejection, or other bodily damage, you must seek medical attention for your injuries. If your injuries are caused by the fault of another’s negligence, you may be entitled to compensation for your injuries and medical expenses as well as pain and suffering. Do not hesitate to seek the advice of an experienced RI personal injury attorney at Tapalian Law. Injury attorney David Tapalian will speak with you about the details of your case and determine if you have a claim against another for negligence in your recreational vehicle accident. Attorney David Tapalian is a Providence personal injury lawyer experienced in helping those who have been hurt or injured in all types of accidents, including OTV accidents, ATV accidents, ROV accidents, car accidents, and motorcycle accidents. Contact the RI Personal Injury Law Firm of Tapalian Law for a free case review at 401-552-5000 or reach us online.

Rhode Island Fatality Due to X-LITE Guardrail

There is one known fatality in Rhode Island involving the X-LITE guardrail. The auto accident fatality took place in Glocester, RI in May 2016. According to the police report, a 29-year-old Massachusetts man driving a pickup truck struck a 10-foot section of the guardrail, rode over the top of the barrier into a utility pole and down an embankment into a tree. The victim was pronounced dead at the scene. However, Glocester Police Chief Joseph DelPrete attributes the cause of the accident and its severity to excessive speed, as opposed to a faulty barrier. Chief DelPrete states the truck was driving 90mph on a tight road. The RIDOT did not review this particular incident or determine whether the guardrail is a safety hazard.

There are 31 states in the country currently using the X-LITE barriers. Rhode Island will be the 7^th to remove them. The only other New England state that has decided to remove the Lindsay X-Lite guardrails is Vermont. As of now, Massachusetts has no plans to remove their approximate 2,600 sections of X-Lite barriers, the most of any state in the country. They do not plan, however, to purchase any more in the future.

Campaign Pushed by Tennessee Father Who Lost Daughter

The decision by Rhode Island to remove the barriers was set off by investigations in other states as well as a Tennessee man named Steve Eimers who lost his 17-year-old daughter in a car crash when the highway guardrail pierced her vehicle. Incidentally, Mr. Eimers placed a $1,000 advertisement in Florida this past Superbowl Sunday in the hopes of catching the attention of President Donald Trump watching the football game at his Mar-a-Largo home. Investigations by the Tennessee Department of Transportation found that the X-LITE failed to “telescope properly and pieces of it separated horizontally slicing into a vehicle”, according to the Tennessee DOT Commissioner. The manufacturer, Nebraska based Lindsay Transportation Solutions, maintains that the product has “successfully passed crash and safety tests in accordance with federal standards and criteria…. and “no road safety equipment can prevent injury every time a driver fails to stay on the road…”.

When Will the Guardrails Be Removed in RI?

Although Rhode Island has not done any independent investigations, they still plan to remove the potentially harmful barriers due to safety concerns. The RIDOT will remove approximately 350 of the current guardrails currently on RI highways. At this time, there is no cost estimated to remove or replace the X-LITE products and there is no time frame as to when the removal will take place.

Consult a RI Personal Injury Lawyer If You Have Been Hurt in a Car Accident

Rhode Island traffic deaths are at their highest since 2008, with 83 traffic related fatalities seen in the state in 2017, as explored in a recent Tapalian Law personal injury blog. Although, there are any number of factors that can cause a car crash, as personal injury lawyers we know that speeding, drunk driving, and distracted driving, top the list. If you have been hurt in a RI or MA auto accident caused by another driver, do not hesitate to contact the Providence personal injury lawyers at Tapalian Law. Attorney David Tapalian has helped clients all over Rhode Island and Massachusetts seek compensation for their car accident related injuries. You may be eligible for payment for your injuries, medical expenses, lost wages, and pain and suffering. If you have lost a loved one in a traffic accident due to a drunk driver or speeding driver, you may be eligible to file a wrongful death claim on behalf of your loved one. Attorney David Tapalian understands the hurt and pain that can result in a car crash, whether it be loss of life or serious personal injury. Although there is no amount of restitution that can take away the pain from the loss of a loved one, being rewarded compensation can assist you in paying funeral expenses and other associated costs. The Providence personal injury law firm of Tapalian Law offers a free consultation and injury attorney Tapalian has helped countless clients recover compensation for auto-related injuries and fatalities. To see if you are eligible to file a wrongful death lawsuit or personal injury claim, seek the advice of the injury law firm of Tapalian Law. Call us today at 401-552-5000, or use our easy, online contact form.

Potential Eye Injury from Nerf Guns

After concern being raised by physicians in London seeing serious eye injuries, U.S. doctors are starting to take note and re-examine the safety of these products. According to doctors in London, three patients were taken to the hospital with eye pain and blurred vision after being hit in the eye with a Nerf gun projectile being used by a child. All three patients suffered from inflammation in the eye and a pooling of blood in the back portion of the eye, called hyphema. The child patient also developed swelling in their cornea and retina. The bleeding in the patients did eventually cease and their eyesight returned to normal. As personal injury lawyers, we know that minor injuries can quickly turn into major damage with life-long repercussions. Doctors warn that eye injuries can quite often be serious and can cause long-term issues, potentially the development of glaucoma, as well as vision damage including permanent loss of eyesight.

Based on physician feedback, it appears that darts purchased online for these toy guns are more harmful than the actual Nerf ones that come with the blaster. Users of the Nerf guns have found it cheaper to purchase the darts, or “bullets”, used in the guns from various online manufacturers other than Nerf. Users say they can easily go through dozens of darts in one play session and buying them “off-label” online is much cheaper. However, the “off-label” brand tend to be much harder and more prone to causing injuries. Some users may also attempt to manipulate the devices themselves to make the guns shoot faster.

Injuries Could Open Foam Gun Manufacturers to Product Liability Complaints

As parents, it is important that we review precautions, warnings, and read usage instructions with our children when using potentially harmful toys and use our best judgement when deciding if protective eye wear is appropriate. Most toys and products, including Nerf Blasters, carry explicit manufacturer instructions detailing proper product usage, appropriate ages, and warnings. For example, on a specific Nerf Vortex Blaster, the instructions include not only how to put together the blaster, but also state that use is intended for ages 8 and up and carries the specific caution- “Do not aim at eyes or face. To avoid injury: Use only discs designed for this product. Do not modify discs or disc blaster”. If the user of the toy or product is injured by the item and can show proof that the product was being used correctly as intended based on the manufacturer’s instructions, and were using the item as a “reasonable consumer” would, they should seek the advice of a personal injury attorney. A lawyer specializing in personal injury will review the complaint and if the toy was being used as intended and if able to prove that the injury would not have happened to the victim if not for the fault of the product, file a product liability lawsuit. If, however, the toy was not being used as intended, it will be much more difficult to have a valid claim and prove that the toy manufacturer is responsible for your injuries and damages.

Seek the Advice of An Experienced Providence Personal Injury Attorney for Your Product Liability Claim

If you, or your child, has been injured by a toy or other type of product that you deem harmful or faulty, seek the guidance of a personal injury attorney in the Providence area. Personal injury lawyer David Tapalian has over 15 years of experience helping those hurt in car accidents, motorcycle accidents, slip & falls, and premises liability accidents. We understand how getting hurt can put you and your family under tremendous stress. Not only are injuries painful and require recovery time, they can also take a financial toll. You may be eligible to seek financial compensation for your injuries and damages such as hospital bills, medical expenses, pain and suffering, and lost wages. If you have been hurt due to another’s negligence or carelessness, seek the guidance of a personal injury attorney. Call Tapalian Law at 401-552-5000 or contact us online. With convenient offices in Providence and Seekonk, let us start helping you today.

Vehicle Damage after a Flood

Chances are if a car has experienced a flood, it won’t be salvageable. If your vehicle has been inflicted with water damage from a flood, you will first need to contact your insurance company to file a claim for the flood damage. Filing a claim for flood damage is like filing a claim with your insurance company after you’ve been involved in a car accident. After reviewing the details of the claim and personally inspecting the vehicle, if your insurance company determines the vehicle has too much water damage to be salvageable, they will “total” the vehicle and work with you towards getting a replacement vehicle.

There may be times however, when you feel strongly about trying to salvage the water-logged vehicle, such as a classic car that has been carefully restored over many years and has sentimental meaning. If you feel this way about a beloved car, it is important to remember a few things. First, do not start up or operate a vehicle that has been waterlogged. Your first instinct may be to drive the car to a dry area, but don’t. If water has gotten into the vehicles engine or electrical system and the vehicle is started, likely this will destroy the engine. Disconnect the car battery so it can dry out. If you attempt to start the vehicle with a wet battery, it can fry the electrical system. You will need to have the vehicle towed to a dry spot by a towing company as soon as possible. The longer it sits in water, the more rust and corrosion it will incur. Take lots of pictures of the vehicle to provide to your insurance carrier. Do not wait for the insurance adjuster to come take the pictures as most likely they are swamped with flood claims and will take longer than normal. Mold and mildew from water damage happen fast, so you need to do as much to rectify the situation as you can on your own. To start the process of drying, open car doors, the hood, the trunk, and remove seats, carpet and other components. Using a vacuum specifically made to treat wet surfaces, dry up as much moisture as possible before deodorizing the car to get rid of smells. This will get you on the way to drying out the vehicle and from there the insurance adjuster will make the decision to reimburse you for repairs or “total” the vehicle, based on your policy.

Repairing a Water-Logged Vehicle

Most times, a water-logged automobile is not salvageable and likely, your insurance company will “junk” the vehicle and you will need to look for a replacement vehicle. The last thing you want to do is drive a car or SUV that isn’t safe. Whether taking the kids to school or commuting to work, your vehicle needs to be in top working condition. Water damage can cause parts to rust, rot, and break off at the most inopportune time. This can create an unsafe, and possibly deadly, situation causing a car accident resulting in bodily damage to you, your passengers, and other drivers on the road. If, however, your insurance adjuster has fully inspected your vehicle and made the determination to salvage and repair the car, it is important you take it to the dealer or a reputable mechanic who is experienced with water logged vehicles and can make the appropriate repairs to your vehicle so it is safe to drive.

When an Accident Happens Due to Faulty Repairs

If you, or a loved one, have been injured in a car accident proven to have been caused by a vehicle malfunction or faulty repair, you may be eligible to file a claim against the driver of the vehicle and/or the company responsible for the faulty repairs. If a death occurred and is proven to be caused by defective workmanship, you or certain family members may also be eligible to file a wrongful death claim with the assistance of an experienced personal injury attorney. If you feel that have been involved in a car accident that was caused by repairs that were not made properly, you need to seek the advice of a car accident lawyer right away. Attorney David Tapalian’s legal expertise has helped Warwick residents and residents from all over Rhode Island and Massachusetts receive compensation for their injuries and get back on their feet after a car accident. Tapalian Law offers a free review of your car accident case, and will advise you of what steps to take next. With offices in Providence and Seekonk, we are easily able to accommodate your needs. Call us at 401-552-5000 or reach the car accident lawyers at Tapalian Law via email to discuss your case today.