What is a Wrongful Death Claim?

A wrongful death claim is a type of legal action that may be initiated when a wrongful act or negligence of another party resulted in somebody’s death. For example, a parent may file a wrongful death claim if they lost a child in a car accident caused by a drunk driver. In Rhode Island, according to R.I. Gen. Laws § 10-7-1, this act, neglect, or default that led to the death must be classified as a type of action that would have allowed the deceased person to file a personal injury claim for damages had they survived. The type of action that led to the death may be based on negligence, like an auto accident, medical malpractice, or an intentional harm, like a crime. The estate or certain family members (spouse, child, parent) of the deceased can file a lawsuit and potentially be awarded a monetary settlement for damages against the party legally liable for the death. The essential aspects of a wrongful death claim are:

• The death of a person as the result of another party’s wrongful act or negligence.
• Surviving family members who are suffering financial losses due to the passing of their loved one.
• The deceased’s estate appointing a personal representative.

How a RI Wrongful Death Attorney Can Help You

At Tapalian Law, our legal team will treat your wrongful death claim with the compassion you deserve. You can rest assured that your case will be handled effectively and in a timely fashion and we will support and guide you throughout the entire process. Here’s what we can do for you:

• Help you understand the complexities of wrongful death law.
• Ensure all the paperwork is filed in the appropriate manner and on time.
• Thoroughly investigate the case and collect evidence to support your claim and determine fault.
• Negotiate with insurance companies on your behalf so that you get the compensation you are legally entitled to.
• If no settlement can be reached, we can represent you in court and fight for the justice that you and your loved one deserve.

Lawsuits can be extremely stressful, and wrongful death claims are particularly complicated and emotionally involved. Dealing with the legal process while mourning the loss of somebody so close to you can be emotionally taxing and overwhelming. Our Rhode Island wrongful death lawyer understands how difficult it is to lose a loved one and will support you every step of the way and ensure you and your family get the compensation you deserve.

Contact Tapalian Law Today

As with personal injury claims, there is a statute of limitations for filing a wrongful death claim, and if the claim and ensuing paperwork isn’t filed by the appropriate deadlines, you may be ineligible to seek compensation, or your case may be dismissed. It’s crucial to seek legal advice as soon as possible to preserve the integrity of your claim. Attorney David Tapalian provides a free consultation to evaluate your case, explore your options, and help you decide what your next best steps are. Our skilled legal team will answer any questions you may have and give you a better understanding of how to proceed with your case. To speak with an experienced wrongful death attorney in RI and MA, call Tapalian Law at 401-552-5000 or use our simple online form to book your free consultation.

Earlier that morning, fire and rescue divers recovered the body of a 21-year-old man from Grafton, MA, whose vehicle was found submerged in water. This fatal crash occurred at the intersection of Central Avenue and Menauhant Road, two roads that lead to the ocean. Where these roads end, drivers must make a stop and turn either left or right. Located about 100 feet ahead is the ocean. Possibly missing this stop sign, and speed, are potential factors being investigated in this recent tragedy. As a car accident lawyer helping victims in Falmouth and throughout Massachusetts and Rhode Island, Attorney David Tapalian has great empathy for those affected by these heartbreaking deaths and the sad impact they have on the Cape Cod town.

Past History of Accidents at Same Intersection

Five serious motor vehicle accidents have occurred at the Central Ave/Menauhant Road intersection since 2017, according to the Cape Cod Times. In each case, the vehicles left the road; one caught on fire, one was a rollover, and another resulted in a driver cited for driving under the influence (OUI).

In addition, at another intersection nearby in Falmouth, the intersection of Maravista and Menauhant, two serious car accidents have taken place since 2019. Both crashes were a result of impaired driving. This same spot was the site of a fatal crash in 2003 when a motorist lost control of his car lurching it into the ocean, killing himself and injuring his passenger.

Fatal Car Accidents in Falmouth, Cape Cod

A popular town for Cape Cod tourists in summer, Falmouth experienced one fatal traffic accident each in both 2018 and 2019. There were four fatalities in traffic crashes in 2017. In 2016, the town reported six traffic fatalities, including two well-known Falmouth High School student athletes.

Contact a Falmouth Accident Attorney If You Are Injured

If you or a loved one have been hurt in a car accident in Falmouth, Cape Cod, or elsewhere in Massachusetts or Rhode Island, seek help from an experienced injury lawyer near you right away. With over two decades of experience helping victims of personal injury in MA, RI, and FL, Attorney David Tapalian has the knowledge and skills to get you the money you deserve after you are hurt. If you’ve been hurt in a car wreck, motorcycle collision, bicycle accident, slip and fall, or other type of incident, Tapalian Law can help you. If someone else is at fault for your injuries, even if you are partially at-fault, you may be eligible to file a personal injury claim to receive compensation for your medical bills, hospital expenses, lost wages, vehicle repairs, and more.

If you have lost a loved one under tragic circumstances due to another’s negligence, you may be eligible to file a wrongful death claim for compensation. A wrongful death claim can assist certain family members with compensation for burial expenses, funeral costs, and other non-tangible losses related to the death of the family member. An experienced accident lawyer in Falmouth Massachusetts can determine your eligibility and assist you in filing a personal injury claim or wrongful death claim. At Tapalian Law, there is no cost to confidentially discuss your situation with our attorney, and there are no fees to hire us. We only get paid when you win money for your claim. Let us begin helping you on the road to recovery today. Contact Tapalian Law at 401-552-5000, or schedule a free consultation online.

In an effort to prevent or limit these tragic crashes, the huge infrastructure bill passed by Congress includes a mandate, discussed in a recent Rhode Island Accident Lawyer Blog, requiring all new motor vehicles to come equipped with advanced technology to thwart impaired driving. By monitoring a drivers’ blood alcohol level (BAC), the technology would determine if the driver is impaired or not and potentially prevent their ability to operate the vehicle.

How the Technology Works

The system works by detecting the presence of alcohol through a person’s breath or finger. If the blood alcohol level presents above the legal level, the car will still turn on, but won’t allow the person to drive. One company working on this technology is KEA Technologies in Massachusetts where the systems are being tested extensively. By using human subjects in controlled environments, some under the influence of alcohol and others sober, they are able to work on differentiating between the BAC of a driver versus a passenger.

This differentiation is one concern held by those who question the effectiveness of impaired driving technology. Some are concerned about “false positives”, like the Executive Director of the ACLU, and the accuracy of the test to determine the difference between, for example, a sober driver and a drunk passenger, or vice versa.

To address apprehension about the cost, the President and CEO of KEA states the technology will be mass produced and therefore will scale down the cost. To others who fear for the privacy of their data, he feels this will be included in the auto manufacturer’s general policy which encompasses the privacy of other forms of in-vehicle data.

RI Drunk Driving Crashes

Paula Whitford, a Rhode Island mother who lost her son in a drunk driving accident in East Greenwich, supports the legislation. However, she has concerns about older vehicles without the technology still being able to operate at the hands of a drunk driver and potentially injure people. “Not everybody is going to be able to afford those cars”, she said, referring to new cars with the latest technology. She also supports higher penalties for those responsible for drunk driving crashes, like the one that killed her son.

Contact a Personal Injury Attorney After Your Car Accident

If you or a loved one have been hurt in a drunk driving car accident in Providence, Rhode Island, Seekonk, Massachusetts, or elsewhere in RI, MA, or FL, seek legal help right away. As an experienced Providence injury lawyer, Attorney Tapalian has the knowledge and resources to help you after a devastating injury caused by the fault of another person. If the person responsible for your injuries is found negligent, you may be awarded money for your medical costs, lost wages, property damages, and pain and suffering.

When you lose a beloved family member due to another’s negligence, certain members of the family may be eligible to seek compensation by filing a wrongful death claim. A wrongful death lawsuit in Rhode Island can allow certain family members of the deceased to be compensated for funeral and burial expenses, as well as other types of hardship such as a loss of companionship. Tapalian Law offers a free consultation and our personal injury firm receives no money from you until you receive compensation for your claim. Call our Rhode Island injury team at 401-552-5000, or contact us online to discuss your claim today.

Drugged Driving Bill in MA

The aim of Governor Baker’s drugged driving bill is to close gaps in the current laws that can allow motorists impaired by drugs such as cannabis, prescription medications, and other drugs, to be held unaccountable for these offenses. The proposal seeks to expand the 12-step drug recognition expert (DRE) training for police officers to identify whether a person is impaired and if so, by what substances. The DRE process includes specialized observations of the motorist as well as measurements of heart rate, temperature, and blood pressure. The bill would also subject suspected drivers to a blood test for THC (the primary active ingredient in marijuana) and require Massachusetts courts to recognize the DRE trained police officers as experts. Does Legal Marijuana Use Result in More Auto Accidents?

While marijuana usage was made legal in Massachusetts in 2016, whether or not its legalization has contributed to an increase in auto accidents is a hot topic. Studies by the Insurance Institute for Highway Safety (IIHS) found that auto accidents increased in states that eased up on their recreational marijuana laws compared to those states where marijuana remained illegal. (The particular studies cited did not involve Massachusetts.) Accidents involving injuries rose by 6% while those that ended up in death also rose by 4%. The amount of accident claims filed following the legalization of marijuana has increased in the range of 3% to 21% depending on the state in question. When it comes to whether the actual ingestion of marijuana is causing this increase, the results are more mixed. Studies found that those under the influence of marijuana have slower reaction times and are more likely to drive into other lanes unintentionally, while other studies found that marijuana users often drive slower and remain farther away from other vehicles.

The difficulty in conclusively analyzing the effects of marijuana on drivers is that there are significantly less reliable drug tests performed on the road compared to alcohol exams. When a driver is using both substances, it can be difficult to pinpoint which one is causing the symptoms in question. In addition, the reliability of blood tests for THC has been taken into question by those opposed by the bill.

Marijuana Use & Car Accidents

Still debatable, one potential theory for why legal recreational marijuana use has increased accident rates in some states is that people are more likely to drink alcohol at the same time as using drugs such as marijuana, but future studies are needed to test this theory. An analysis based on self-reporting found that joint use of marijuana and alcohol has increased according to the AAA Foundation, which also found those who engaged in both of these activities at the same time were more likely to get behind the wheel of a car and drive recklessly than a driver consuming alcohol only. The analysis also stated that drivers using both substances at once were also 20% more likely to speed and 16% more likely to drive through red lights as opposed to drivers only under the influence of alcohol. They also were 24% more likely to act aggressively on the roadways and 19% more likely to text at the same time as operating their vehicles.

Contact a RI and MA Personal Injury Lawyer for a Free Consultation

Drivers should not operate a motor vehicle under the influence of any type of substance that could impair their driving in any manner, including many OTC medicines and prescription drugs. Anything that affects a driver’s focus and attention increases the risk of a car accident resulting in injury or death to the driver, its passengers, and innocent people. Regardless of the substance, drugs or alcohol, driving impaired by any type of substance, whether legal or illegal, can prove deadly. If a driver operates a vehicle under the influence of alcohol, drugs, or a combination of both, and their actions result in injury or death, they may be held liable for their actions. Contact a personal injury attorney in Rhode Island or Massachusetts today if you were injured due to the actions of a driver under the influence of marijuana or alcohol. You may be eligible to seek compensation for your medical bills, lost wages, car repairs, and pain and suffering.

Attorney David Tapalian works with people suffering from injuries in all types of auto accidents, including those where recreational marijuana was involved. As a car accident attorney with over 20 years of experience successfully seeking compensation for his clients, he can help you determine what steps to take following an accident. Attorney Tapalian offers a free consultation to speak with you personally and Tapalian Law does not get paid until we win you money for your case. Licensed to practice in Rhode Island, Massachusetts, and Florida, we can accommodate you at our offices in Providence, Seekonk, and Fort Lauderdale. To reach a member of our expert legal team, call 401-552-5000 or send us a message.

How Can Vehicle Technology Prevent Drunk Driving Accidents?

With an infinite number of safety options available in today’s newest vehicles, from sensors and cameras that detect pedestrians to approaching cars in a motorist’s blind spot, it seems logical that some type of anti-drunk driving technology would be an addition to the large menu of options. Yet, the critical question remains of exactly how to prevent drunk driving crashes with the latest in technology. The proposed bill isn’t exact, but calls for something that will “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired”. Studies will need to be conducted involving various alcohol detection systems before recommendations are provided to auto manufacturers. Infrared cameras are one example, and are currently being utilized by car manufacturers like GM and Nissan. The camera looks for signs of a lack of driver alertness, such as drowsiness or impairment, and if identified, warns the driver and if need be, takes further action. Another idea tested by Volvo involves alcohol sensors that detect a driver’s blood alcohol content (BAC) by measuring the air inside the vehicle. Ultimately, the Department of Transportation will have to make the final call as to what is the best solution to put a damper on intoxicated drivers.

Car Safety Measures in Infrastructure Bill

The issue of drunk driving is clearly a critical one and has been for decades, with approximately 30% of traffic deaths involving an intoxicated motorist. A 2020 report by the Insurance Institute for Highway Safety (IIHS) predicted built-in anti-drunk driving technology in vehicles could prevent over a quarter of the traffic fatalities in the U.S. each year.

Other motor vehicle safety provisions proposed in the infrastructure bill include emergency braking systems and technology that can alert parents and caregivers to children left in the backseat, to avoid the potential tragedy of a child being left in a hot car. It’s unclear how, or when, these mandates will take place, but they are seen by many as a positive move in the right direction towards preventing drunk driving crashes as well as injuries and needless fatalities from other types of auto accidents.

Contact a Personal Injury Lawyer if You’ve Been Hurt in an Auto Accident

If you, or a loved one, have been injured in a drunk driving car accident in RI or MA, it’s critical to take legal action immediately. Contact a personal injury attorney experienced with the drunk driving laws of Rhode Island and Massachusetts. Attorney David Tapalian has been helping victims of crashes caused by negligent motorists for over 20 years and can help you protect your legal rights after getting hit by a reckless drunk driver. You may be eligible to file a personal injury claim to seek damages for your injuries, medical expenses, lost wages, car repairs, pain and suffering and more. Tapalian Law always offers a free consultation and we are available at all hours, including nights and weekends, to discuss your car accident case. Speak to Attorney Tapalian today by calling our Providence RI office at 401-552-5000, or contact us online to schedule your free case review.

Role of the Wolfpack

Formed in 2019 and nicknamed the “wolfpack”, the State Police Traffic Safety Unit makes sure that people are aware of their existence. On a quest to decrease the amount of fatal car accidents on Rhode Island roadways, the officers ensure that they are visibly present on the highways in an effort to deter reckless motorists. A recent interaction involved an officer pulling over a 19-year-old male for trying to prompt other cars to race him on the highway. The officer pulled the teen over and began the protocol to test for driving under the influence. Law enforcement stresses the importance of going through the process of conducting the entirety of the test when there is proper warrant to pull someone over. By going through the motions, people are deterred from engaging in reckless behavior in the future, including both the person in question and those who happen to see while passing. The Department of Transportation is also expected to increase funding for the Traffic Safety Unit which will be used to double the size of the “wolfpack” and keep RI drivers safer on the roads.

Government Responses

The Rhode Island Department of Transportation has made a big effort to inform people of the damages that can result from careless driving; over 8 million dollars has been spent on ads that show the most devastating results of a crash, such as family members crying, bodies in a morgue, and crushed cars. The department also placed alarm systems on ramps that go off and activate bright lights to alert a driver that they are driving in the wrong direction. Video footage shows that the alarms are working, and multiple people turned around before being involved in what could have been a fatal head-on crash. The government is also pushing people to pay attention to those around them before they even get behind the wheel of a car; if someone you know seems unfit to drive a vehicle, be sure to take their keys and make sure they do not drive.

A RI Personal Injury Attorney Can Assist Car Accident Victims

If you, or someone you love, has been involved in a vehicle collision caused by a driver who was drunk, speeding, or otherwise acting negligently, seek legal help right away from Tapalian Law, a personal injury law firm highly experienced with RI auto accident law. Attorney David Tapalian has over 20 years of experience helping victims of personal injury in RI, MA, and FL, seek the compensation they deserve after being hurt. Nobody should have to suffer serious injuries, or the death of a family member, at the hands of a careless driver. Attorney Tapalian can help you negotiate the economic hardships that follow a traumatic accident and will fight to get you the maximum amount of money for your losses. If you have lost a loved one, we will discuss your eligibility to file a wrongful death claim on behalf of your beloved. Throughout the duration of your claim, you will work directly with Attorney Tapalian and be supported by him and his skilled team. To find out how we can help you, call Tapalian Law today at 401-552-5000, or schedule a free consultation with a dedicated injury lawyer today.

This summer has been marked by tragedy and serious concern from Block Island residents and long-time vacationers. Typically, a summer retreat for longer stays, the island is experiencing visits from a higher than usual number of people visiting for the day, possibly due to the coronavirus pandemic. With vacations put on hold for most, the desire to “get away” is still there. Some are satisfying that desire with local day trips, many of whom are unfamiliar with the island and unfortunately, under the influence of alcohol while operating vehicles.

Moped Accidents

In particular, mopeds on Block Island are getting a bad rap lately due to a rash of serious crashes, including the deadly collision between a moped and an SUV in mid-August. At least 55 crashes involving mopeds have been reported on the island so far this year, an increase from the past two years. Due to the lack of protection afforded a person on a moped, Personal Injury Attorney David Tapalian has seen significant injuries result when a moped collides with a vehicle, particularly a heavy SUV or truck. Grave concern has resulted in a backlash against moped rental companies and a tightening of restrictions on rentals. Moped rentals are always a popular attraction to visiting tourists, however, locals are pushing to tighten rental restrictions, or ban the vehicles all together, due to the number of the crashes resulting from inexperienced moped drivers, reckless use, and disregard for the rules of the road.

In Rhode Island, moped operators are required to follow the same rules of the road as motor vehicle operators, including obeying traffic signals. Although the speed of these vehicles is normally under 30 mph, when a moped collides with a vehicle, the injuries to the moped driver and any passengers can be severe or deadly, especially if the rider or passenger is not wearing a helmet. As with a car accident, an injured moped rider may be able to hold the at-fault driver of the vehicle responsible for the accident, liable for damages. Any person involved in a moped accident caused by the fault of another driver should consult a personal injury lawyer in Rhode Island to determine their eligibility to seek compensation for their physical injuries and property damages.

Car Accidents on Block Island

In addition to moped accidents, Block Island has experienced some dangerous car accidents this summer, again, marked by inexperience, negligence, and alcohol use. Certain roads on the island are hilly, and both sides crowded with bikers and moped riders, making it difficult to safely navigate the area. To those unfamiliar with the winding roads, speeding, or driving intoxicated, the drive can be even more treacherous. A 16-year-old boy riding as a passenger was tragically killed when the driver, suspected of being intoxicated, lost control of the vehicle on unfamiliar roads. Tragic incidents like this are motivating locals to push for stricter legal enforcement.

Contact a Rhode Island Personal Injury Attorney If You Are Hurt in an Accident

If you, or a loved one, have been hurt in a car accident, moped crash, motorcycle collision, or bike accident on Block Island, Newport, or anywhere in Rhode Island or Massachusetts, Tapalian Law is here for you. With over two decades of experience helping injured victims, David Tapalian is a top-rated injury lawyer who can help you seek compensation from the negligent driver responsible for causing the accident. You may be eligible to seek compensation for your medical expenses, hospital bills, lost wages, vehicle damage, and pain and suffering. With offices in Providence, Warwick, and Seekonk, MA, we are conveniently located to all areas of RI and MA. If you are injured and can’t come to us, we will visit you in the hospital or at home. Call Tapalian Law today for a free consultation at 401-552-5000, or contact us online.

How are the Statistics Compiled?

The NHTSA compiles motor vehicle traffic fatality statistics using police crash reports, among other sources. One source, NHTSA’s Fatality Analysis Reporting System (FARS), is a census of fatal traffic crashes in the U.S. (the 50 states, District of Columbia, and Puerto Rico). For a crash to be involved in FARS, it must involve a motor vehicle accident traveling on a traffic way and the resulting death of at least one person (vehicle occupant or nonoccupant) within 30 days of the crash.

Contributing Factors to Fatal Accidents

As with the majority of vehicle crashes that we see as car accident attorneys in Providence, Rhode Island, key contributing factors to fatal car accidents include speeding, distracted driving, drunk driving, and drug-impaired driving. It is too soon to pinpoint the chief causes of fatal crashes for 2019, however, based on past years’ data and our experience with auto accidents at Tapalian Law, influences are likely very similar.

• Speeding– Over 9,000 car accident fatalities were contributed to speeding in 2018.
  • Driving more than 15mph over the speed limit is considered a type of aggressive driving.
  • Aggressive driving, any unsafe driving behavior performed deliberately and with ill intention or disregard for safety, includes speeding, tailgating, erratic lane changes, and illegal passing. Involved in over ½ of all fatal crashes, driving aggressively can quickly escalate to road rage, a violent criminal act.
• Distractions- In 2017, over 3,000 fatalities were attributed to distracted driving.
  • Distracted driving includes any activity that diverts the driver’s attention away from the road. Talking or texting on a cell phone, eating or drinking, talking to passengers in the car, and using a navigation system while operating a vehicle are all examples of distracted driving. As a car accident lawyer in Providence, Rhode Island, Attorney David Tapalian sees clients on a daily basis who suffer serious injuries caused by collisions with distracted drivers.
  • RI State Law prohibits the use of a hand-held device for talking or texting while operating a motor vehicle.
• Drunk Driving- In 2018, 29% of motor vehicle deaths in the U.S. were caused by an alcohol- impaired driver.
  • Close to 30 people die each day in the U.S. in drunk-driving crashes.
  • Alcohol impairs all functions necessary for operating a vehicle including brain function, thinking, reasoning, and muscle coordination.
  • By RI State Law, it is illegal to operate a motor vehicle with a BAC of .08 or above.
• Drug Impaired Driving- Driving under the influence of any potentially impairing substance is illegal.
  • Drug use can impair the ability to drive by slowing coordination, judgement, and reaction time. Even legally prescribed medications and over the counter (OTC) medicines can cause excessive drowsiness, dizziness, and other side effects that negatively impact a driver’s capabilities.

Contact Providence RI Car Accident Lawyer David Tapalian

At Tapalian Law, our personal injury law firm helps victims of car accidents all over Rhode Island and Massachusetts, whether the crash is caused by a drunk driver, distracted driver, or a speeding vehicle. We help hurt people with minor and major injuries seek compensation for their medical expenses, physical therapy, lost wages, auto repair costs, pain and suffering and other costs related to the car accident. It is imperative to seek professional legal advice as soon as possible after you are hurt to protect your legal rights and file a personal injury claim within Rhode Island’s three-year statute of limitations. If you have lost a loved one in a fatal car accident in RI or MA, experienced car accident lawyer David Tapalian can file a wrongful death lawsuit on behalf of eligible family members against the person responsible for your loved ones death. We offer a free, no obligations, consultation to discuss your car accident or other type of personal injury case. With offices in Providence, Warwick, and Seekonk, MA, Attorney Tapalian is available to meet with you at your convenience, including evenings and weekends. Call our Providence car accident law firm at 401-552-5000, or contact us with our secure, online form.

Drunk Driver Cause of Coventry Car Accident

The significant head-on collision occurred on Main Street in Coventry, Rhode Island, when the defendant crossed over the yellow line into the opposite lane of travel. The crash was clearly caused by the highly intoxicated defendant. The responding Coventry police officer provided a very thorough description in his police narrative and took his time to be extremely detailed in describing the defendant’s impairments. Found inside the defendant’s vehicle were numerous empty beer bottles, flasks with fluid, rum bottle with fluid, a cognac bottle with fluid and a full-size police style expandable baton. This individual was charged with driving under the influence of alcohol at the scene of the accident.

The injured victim, our client, was transported by ambulance to Rhode Island Hospital. While at the hospital, injuries were noted to her back, shoulders, face, wrist burns and numbness in both arms. In addition, she experienced temporary loss of hearing with concussion related symptoms such as forgetfulness, nausea, and significant headaches. As a car accident attorney serving injured people in Coventry, Attorney Tapalian always advises victims to seek immediate medical treatment regardless of the severity of their injuries, and be consistent with follow-up care. Our client treated with chiropractic care, orthopedic intervention and physical therapy. MRI examinations performed of her spine and brain after the accident fortunately found no significant findings present. The young woman’s persistent symptoms were neck pain and disabling headaches and she treated with a neurologist, yet there were no objective significant findings. Concussion Following an Auto Accident

Long-term concussion symptoms can be some of the most difficult cases to litigate and to settle for fair value. The reason is that the insurance company will almost always argue that the client “should not” be in pain and “should have” recovered. Believe it or not, several auto insurance companies now have computer programs that tell them when the client “should be” done treating their injuries. Unfortunately, a computer program cannot take into account all of the factors and uniqueness of the client and the impact and therefore there is no computer that can tell you when a specific client should be done treating. As a Coventry car accident attorney, David Tapalian knows and that each and every accident is different and every individual recovers at a different pace. Tapalian Law has helped countless victims who were involved in auto accidents in Rhode Island and Massachusetts and understands that each case is individualized and there are too many variables involved to accurately predict an “appropriate” recovery time.

The particular challenges with this personal injury case were to convince the insurance company that our previously healthy teenage client, was truly injured. Tapalian Law received an initial offer from Allstate that was less than $10,000. Our client’s medical expenses were almost $20,000! This is a common tactic that the auto insurance companies practice. They think that if they offer a little bit of money that the client will be happy and go away. In this situation, with our client’s injuries and persistent symptoms, there was no way our injury attorney would accept anything less than the full policy limits. With the RI statute of limitations approaching on this case, we filed a civil action. Even once the civil action was filed, the insurance company still argued with our Coventry car accident lawyer that our client couldn’t be hurt and refused to tender the policy limits. Only when the insurance company finally had a defense attorney review the case, did they then tender the full policy limits.

Allstate Insurance finally did tender the policy limits for this Coventry car accident, however not because they are nice and concerned for the injured client, but because they were worried about excess exposure above and beyond the $50,000 policy limit. There is case law in Rhode Island that articulates that if an auto insurance company doesn’t offer the full policy limits and a judgment is granted in an amount above and beyond the policy limits; then that auto insurance company could be on the hook for the entire judgment. What that means for this Coventry car accident case was that if they didn’t tender the $50,000 to our client and for sake of discussion, if we received a judgment in the amount of the $100,000, the insurance company would have to pay the $100,000. Allstate was well aware of this case, as it is known as Asermely vs. Allstate insurance company.

Contact RI Attorney David Tapalian Today for a Free Consultation

If you or a loved one has a similar situation to this victim, please don’t hesitate to call Coventry car accident attorney David Tapalian. With Attorney Tapalian’s over 20 years of experience and personal injury team, you will be able to realize the maximum amount for your settlement. This case had the difficult aspect of proving to a defendant insurance company that our client was still experiencing neck pain and headaches, even with no objective findings. We were able to do that through persistence and the patience and treatment of the client herself. If you are injured in an accident, there is never a fee to speak with Attorney Tapalian. The longer you wait to consult with an attorney the weaker and more challenging your auto accident claim can become so time is truly the enemy when it comes to engaging an experienced injury attorney for your auto accident claim. Call the Rhode Island personal injury team at Tapalian Law today at 401-552-5000 or contact us online to set up a free consultation at our Providence, Warwick, or Seekonk offices.

Independence Day Crashes Can Be Deadly

The National Safety Council (NSC) estimates that 565 people will be killed and 64,500 will be seriously injured in car accidents on the Fourth of July. This is almost 5 times the number of fatalities, and 6 times the number of injuries that occur on an average day. The Independence Day holiday is technically considered a four day period, which starts late on Wednesday, July 3^rd and ends on Sunday, July 7^th. Thus, any of the days during this period are known to be especially dangerous for drivers. Below is more information to keep you informed as we head into the holiday weekend.

Alcohol & Driving on the 4th of July

The Fourth of July is a time of celebration and often, alcohol is involved at these festivities. According to the National Traffic Safety Administration (NHTSA), 40% of all deadly traffic crashes on the 4^th of July are related to alcohol. In almost all of these situations, the driver had a blood alcohol concentration of .15 or higher, almost twice the legal limit. At Tapalian Law, our Rhode Island car accident lawyers see hundreds of tragic accidents caused by drunk drivers, who put the safety of everyone on the road at risk. Before you get behind the wheel this 4^th of July, think of the consequences of driving under the influence.

Distracted Drivers on the Road

During the 4^th of July, there are thousands of more people on the road than on a typical day. Further, people are traveling far distances to celebrate, and many are preoccupied using their phones to navigate or call friends. Additionally, many families and friends carpool during the 4^th to parties and cookouts. However, these additional passengers can be just as distracting as a cell phone for drivers. The difference between a fun Fourth of July celebration and a fatal car crash could be one distracted driver. It is imperative to the safety of you and your family that the driver of your car is alert, aware, and distraction-free.

Tips for Staying Safe

As a car accident attorney, David Tapalian knows most auto accidents are avoidable. The following are simple, yet effective ways to avoid a serious car accident this holiday weekend:

• Use a rideshare app like Uber or Lyft
  • If you’ve been drinking or even just feel tired, this is a safer option than getting behind the wheel.
• Drive defensively
  • Never assume that others around you are going to abide by the laws.
• Wear your seat belt
  • Seat belts are 45% effective in preventing fatalities according to the NHTSA.
• Reduce distractions by keeping your phone away
  • If possible, have a passenger speak on the phone on your behalf and also do the same for navigation.
  • If you are driving alone, be sure to use hands-free technology when navigating or speaking on the telephone.

Consult a RI Car Accident Lawyer After a Crash

The injury experts at Tapalian Law want everyone to have a fun and safe Fourth of July. However, if you find yourself in a dangerous accident this holiday, contact Attorney David Tapalian. An accident can have a serious, lasting impact on your life. As the National Safety Council says, “Sober and attentive driving could be the difference between watching fireworks and watching ambulance lights.” At Tapalian Law, our personal injury professionals will go above and beyond to help you get compensation for your accident. With a trusted team of Rhode Island personal injury experts, we will guide you through the correct procedures to move forward smoothly and can create a plan to strengthen your case to make sure you have the greatest chance of reimbursement. With offices in Providence, RI, Warwick, RI, and Seekonk, MA, we are easily accessible, or we can come to you. Call us at 401-552-5000 or contact us online to set up a free consultation.

Results of IIHS Study Linking Legalized Marijuana to Car Crashes

The IIHS studies used police reports and insurance claims to determine auto crashes rose between 5.2% and 6% in states with legalized recreational marijuana, in comparison to neighboring states where marijuana use is illegal. Highway crash data from surrounding states was also compared in an attempt to control for factors like weather and economy. One disturbing find from the study is that while most drivers under the influence of alcohol are driving alone or with other adults, approximately 14% of those confirmed to be using pot had a child in the car. As Providence car accident injury lawyers, this find is very troubling. The IIHS feels this reflects a variance between marijuana and alcohol use and it appears that marijuana use isn’t reserved for evenings and other occasions when adults are more likely to consume alcohol. Experts are uncertain whether this reflects an increase in the use of recreational pot or medical marijuana for pain treatment. The IIHS is clear however, that there is a “correlation”, a connection, between the rise in crashes once pot became legal, however it is not the same as “causation”, meaning other variables could be involved. One of the difficulties with this study, as with similar reports, is the accuracy in measuring how marijuana use impacts car crashes because law enforcement has a difficult challenge due to the way marijuana works in the body.

How Does Marijuana Impact a Driver?

Multitudes of studies conclude that marijuana causes impairment in every performance area that can be reasonably connected with safe driving. When a person smokes marijuana or ingests it in another form, chemicals enter the body through the bloodstream to the brain followed by the rest of the body. THC, the most powerful chemical in marijuana, is mainly responsible for the “high” the drug gives off. Functions necessary for driving are impaired including motor coordination, visual functions, tracking, and more complex tasks that require divided attention. Studies on the effects of marijuana on reaction time, however, have been contradictory. Marijuana impacts the cognitive process differently than alcohol does and both can be extremely harmful to someone operating a motor vehicle. In fact, using both substances together can multiply the effects of impairment thereby increasing the risk of involvement in a fatal car accident. A driver on the Rhode Island roads who is under the influence of both alcohol and marijuana is an even greater threat to themselves and others than a driver under the influence of either substance alone.

Marijuana Levels Difficult to Measure in Drivers

The effects of marijuana on a driver can be difficult to measure because of the testing method for THC, the active ingredient in marijuana, and its validity. If a driver involved in a car crash is suspected of being under the influence of marijuana, how can the police tell? When a police officer suspects a driver is drunk, a simple test can be performed to measure the blood alcohol content (BAC) in the person’s blood. Rhode Island law defines a BAC of .08 or higher as driving while intoxicated (DWI)). If a motorist involved in an accident is suspected of being “high”, there is a different test that measures THC levels. THC levels spike when a person smokes or consumes marijuana in an alternative form. However, unlike BAC levels which drop rapidly as the person sobers up, THC can stay in the body for weeks long after the initial impact of the “high” has gone. Therefore, it is difficult to measure by test alone if the person was impaired at the time of the crash or had used the drug days, or even weeks, ago. The effects of marijuana can be challenging to measure and vary more among individuals than do the effects of alcohol because of tolerance, smoking technique, and varying absorption levels of THC.

Driving Under the Influence of Marijuana in Rhode Island

In Rhode Island, it is against the law for a driver to operate a motor vehicle if they have a detectable level of an illicit drug in their body. Repercussions vary depending on the level of the substance found in the body, type of substance, and whether it is a first, or subsequent offense, but may include fines, community service, suspension of driver’s license, educational courses, and imprisonment. Rhode Island has extensive laws concerning driving under the influence of liquor or drugs.

Rhode Island Law Pertaining to Driving Under the Influence of Liquor or Drugs

• 31-27-2. Driving under influence of liquor or drugs.

Contact Tapalian Law if You Have Been Hit by a Drugged Driver in Rhode Island

It is illegal to drive under the influence of drugs or alcohol in Rhode Island. If you have been hurt in a car accident caused by a driver under the influence of marijuana, alcohol, or other drug, contact Rhode Island Personal Injury Attorney David Tapalian to determine your legal rights. Tapalian Law understands that getting hurt in a car crash is a scary experience. In addition to being a trying time emotionally, you may spend time in the hospital resulting in expensive medical bills not covered by insurance as well as out of pocket expenses. Your injuries and recovery may require rehabilitation, physical therapy, and further surgeries down the road. You may lose time from work, resulting in lost wages that make it difficult to support yourself and your family. An experienced injury law firm like Tapalian Law will fight for your legal rights to the compensation you deserve. We have helped countless clients in the Rhode Island area including Providence, East Providence, Cranston, and Pawtucket, as well as Massachusetts clients get on the road to recovery. Call Tapalian Law today for a free consultation of your injury case at 401-552-5000, or reach us by email.

Tapalian Law Rhode Island Accident Lawyer Blog.

AAA Sleep Deprivation Study: Poor Sleep Alters Brain Function

The AAA Foundation for Traffic Safety conducted a review of data from 6,800 car accidents for the period of 2005-2007 to study the effects of sleep deprivation on driving. Only the data from drivers determined to be culpable (whose errors, actions, or lack of actions, led to the crash), were used. Accidents involving external factors, like brake failure or poor infrastructure, were not factored into the report. The goal of the review was to “quantify” the correlation between hours of sleep and crash risk. The study found that less than 7 hours of sleep increases a driver’s risk of a crash. By far, the greatest risk of crash occurs when a driver is operating on less than 4 hours of sleep. Poor sleep affects brain function and impairs judgement. Fatigued drivers are not just “nodding off at the wheel”, but their decision-making process is also highly impacted by poor sleep quantity and quality. Vehicle operators with less than 4 hours of sleep are more likely to be involved in a single car crash. Fatalities are 3 times more likely with a single vehicle crash than a multi-vehicle crash.

Statistics on Drowsy Driving

The following statistics are based on car accident data related to sleep impairment provided by the National Highway Traffic Safety Administration (NHTSA).

• 824 deaths were related to fatigued driving related crashes in 2015.
• 4,121 fatalities were attributed to drowsy driving accidents from 2011-2015.
• 90,000 crashes involved drowsy drivers in 2015.

It can be problematic to find one conclusive cause for a car accident but as Providence car accident attorneys, Tapalian Law knows that driver fatigue is often a contributing factor to collisions. Drowsy driving and lack of sleep can be caused by a sleep disorder, varying shifts at work, a new baby at home, or a late-night studying. We also know that daylight savings time can contribute to driver fatigue, as reported in a Tapalian Law Rhode Island Accident Lawyer Blog. Experts at Virginia Tech Transportation Institute say that any time change, such as Daylight Savings, can intensify drowsiness and our bodies need a few days to adjust.

Consult an Experienced Accident Injury Lawyer After Your RI Car Accident

Car accidents are unexpected, and often traumatic. Navigating the aftermath with insurance companies is daunting and is best done with the professional help of a highly experienced injury attorney like David Tapalian. Accident reconstruction experts, witness testimony, and police reports may be used in conjunction to determine the most plausible cause of an auto collision. Evidence from a car accident is not always identifiable or conclusive and multiple factors can be involved in the cause of a Rhode Island car crash. This is just one reason why it is important to contact an experienced car accident injury lawyer like David Tapalian after your RI car accident. As professionals well versed in the auto accident laws of Rhode Island and Massachusetts, we are ready to help you with your car accident case. Attorney David Tapalian, a graduate of Brown University in Providence, RI and Roger Williams University School of Law in Bristol, will personally work with you on your case from start to finish. Call Tapalian Law today for a free consultation at 401-552-5000, or email us.

November 4-11, 2018 is recognized as Drowsy Driving Prevention Week by the National Sleep Foundation. Check out our Tapalian Law Rhode Island Accident Lawyer Blog to see further tips on preventing drowsy driving accidents.

Warm Weather Holidays Deadlier for Auto Accidents

Car travel has the highest fatality rate of any major form of transportation. The summer holidays, including Memorial Day and the Fourth of July, correspond with a higher number of roadway vehicle accidents and roadway fatalities than the cold weather holidays. In Rhode Island and the New England area, we associate the winter time with more car accidents due to snow and ice. However, the summer holidays have a higher per day fatality rate than do Thanksgiving, Christmas, and New Year’s when considering the entire country. Winter holidays may also be associated with more air and train travel while car travel is more likely in the summer months increasing the number of drivers on the roads and highways. As it is throughout the year, drunk driving is a huge contributing factor in Memorial Day weekend car crashes.

Car Accident Injury Estimates High for Memorial Day Weekend

The National Safety Council (NSC) estimates over 45,800 people will be injured in car accidents this weekend. Common causes of car accident related injuries are drunk driving, texting, or using a cellphone while driving, and other forms of distracted driving. Vehicle accident injuries can be minor or extremely severe. If you or a loved one has been hit by a drunk driver or distracted driver, it is imperative you seek immediate medical treatment and contact an accident injury attorney like Tapalian Law to determine your legal rights.

Tips for Making Memorial Day Driving Safer

At Tapalian Law, we want everyone to enjoy the Memorial Day weekend safely. To help keep it that way, we are sharing some tips from the National Safety Council for safe Memorial Day driving in Rhode Island and wherever you may be spending this long weekend.

• Avoid impaired driving. If you plan to be drinking alcohol, designate a sober driver or use a ride service such as Uber or Lyft to reach your destination safely.
• Put down the phone. Texting and driving is against the law in Rhode Island and many other states. As of June 1^st, using a hand-held cell phone while driving will be against the law in Rhode Island.
• Become familiar with your vehicle’s safety features and use them. Always ensure the driver and all passengers are using a seatbelt.
• Avoid fatigued driving. A tired driver can be just as dangerous as a drunk driver!
• Make sure your vehicle is in good working condition and necessary services, repairs, and recalls are up to date.

Contact a Providence Injury Lawyer if You Have Been Hurt

Memorial Day should be a weekend of celebration and remembrance. Please remember to drive attentively to avoid injury to yourself, your passengers, and others on the road. If you are injured in an accident whether it be Providence, Newport, Bristol, or elsewhere in Rhode Island or Massachusetts, you should seek out the assistance of an experienced injury law firm like Tapalian Law. We have helped innumerable accident victims seek the compensation they deserve for their damages. Contact injury attorney David Tapalian today for a free consultation for your Rhode Island accident case or Massachusetts accident case, at 401-552-5000 or reach us online.

Cutting Down on Rhode Island Drunk Drivers

Rhode Island is serious about cracking down on drunk driving. In 2016, the Rhode Island State Police launched a new sober driving campaign dubbed “Beyond the Crash”. The campaign’s message is similar to the Drive Sober or Get Pulled Over campaign created years back and many Rhode Islanders recognize the popular slogan. During designated periods, typically during the holidays when drunk driving accident fatalities increase, the RIDOT works with state and local police to create patrols with the specific goal of cracking down on drinking and driving. Most alcohol-related car crashes occur during the evening hours and on weekends.

Rhode Island defines driving with a blood alcohol concentration (BAC) at or above .08% as a crime. This is the same for Massachusetts and all states, with the exception of Utah. A multitude of factors can influence each individual’s BAC. Common factors are age, gender, weight, rate of consumption, drink strength, metabolism, medications, and more. Not knowing exactly how alcohol will impact your body, individuals should not drive at all after having a drink. You can still be impaired if your BAC is at any level above .00%. Those impaired under age 21 or with children in the car may face charges even if they are under the legal limit. If you plan to attend a holiday party this season and consume any type of alcohol, plan ahead and have a designated driver, an Uber, or cab on call for a safe ride home. Party hosts should collect all keys at the beginning of the party and be prepared to have impaired guests sleep over or get a safe ride home from a non-impaired designated driver or ride service.

Contact Tapalian Law if You Have Been Injured in a Car Accident Caused by a Drunk Driver

Impaired driving crashes cost the U.S. over $50 million each year. Many of the drivers who cause alcohol-related car crashes are repeat offenders. Drivers involved in fatal crashes with a BAC of .08 or higher are actually six times more likely to have had a prior conviction for impaired driving. Not only do drunk driving crashes result in fatalities, they often involve severe personal injury to those involved. As Rhode Island drunk driving injury lawyers, we have helped countless clients seek compensation for their drunk driving accident related injuries. Do not let the negligence and reckless of a drunk driver take a toll on you. If a reckless driver has hurt you in a car crash, they need to be held accountable for your personal injury and financial damages. With the help of Rhode Island personal injury lawyer David Tapalian, you may be able to seek compensation for your injuries, expenses, and pain and suffering. Call our Providence law office today at 401-552-5000 or use our contact form to reach us.