How Rhode Island’s Motorcycle Helmet Laws Work

You may be surprised to know that Rhode Island actually doesn’t have a “universal” motorcycle helmet law. Technically, in the state of Rhode Island, not all motorcyclists are legally required to wear helmets. Section 31.10-1.4 of the Rhode Island General Laws requires only motorcycle riders under the age of 21 to wear helmets. After obtaining a motorcycle license, all new riders must also wear helmets in the first year of having their license, no matter what age they are. There is an $85 fine if you are caught violating these laws.

Why You Should Always Wear A Helmet Anyways

Even though Rhode Island may be lax about motorcycle helmet laws, the point of wearing a helmet isn’t to avoid an $85 fine. The reason why you should wear a helmet is to protect yourself if you end up getting in a crash. Take a look at these sobering statistics:

• The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are around 28 times more likely than those riding in a car to die on a crash when matched mile for mile traveled. 
• Motorcyclist fatalities have been on the rise recently, accounting for 14 percent of ALL traffic fatalities in a recent year – that’s the highest number of motorcyclist fatalities since 1975! 

Keep these numbers in mind when you’re thinking about skipping your helmet next time. Your safety is always the number one priority, and you need to do whatever is in your power to protect yourself from injury (or even, in many cases, fatality) in the case of an accident.No matter how much you hate messing your hair, or how safe you think the road is, it’s essential to keep something between your skull and the hard hardway if you end up colliding. The most common cause of motorcycle accident fatalities is – guess what – head injuries. In fact, 57 percent of all motorcyclists driving in states without universal helmet laws who died in accidents were not wearing a helmet when they crashed. In states that did have universal helmet laws, this number drops significantly to 11 percent.

Contact Us Today

While Rhode Island may not require all motorcyclists to wear a helmet, you should always do so to protect yourself. If you or somebody you love was injured in a motorcycle accident, an experienced motorcycle attorney can help you pick up the pieces and get the compensation you may be legally entitled to for your injuries. Call Tapalian Law to schedule a consultation today.

Though a significant expense, the cost of auto insurance is one that a driver needs to responsibly account for when choosing to get behind the wheel; and a reprieve on insurance premiums shouldn’t be expected anytime soon either. The Bureau of Labor Statistics released data last week showing auto insurance costs are rising at the fastest rate in the past 47 years. Car insurance costs for March were 22.2% higher than they were a year ago and increased 20.6% over February, resulting in the largest gain since 1976.

Reasons Car Insurance Rates Are Increasing

A multitude of factors contribute to rising premiums, but these current increases can primarily be attributed to a rise in motor vehicle accidents, the severity of injuries in these crashes, and geographical factors. Robert Sinclair, a spokesperson for AAA cited “the number of crashes, injuries, and fatalities are up, and inflation has made the cost of repairs more expensive”. He noted that risky driving behavior like speeding, recklessly driving through intersections, lack of seat belt use, and intoxicated driver arrests were close to historic high numbers.

How Accidents Effect Auto Insurance Costs

When an insured person is involved in a serious car crash, correspondingly more extensive damages and bodily injuries result, and therefore higher expenditures for the insurance companies. For example, in a minor fender bender, the insurance company may only need to shell out enough money to cover the cost of minor repairs for the damaged vehicle. However, in a severe auto accident, the insurance company will not only pay for more complex property damages but may also need to cover the cost of victim’s hospital stays, medical bills, surgeries, physical therapy, and future needs. If multiple victims are involved, these costs can rise exponentially which any Rhode Island car accident attorney can easily attest to. Clearly, a serious collision is much more costly to the insurance company than a small fender bender! When the number of severe crashes outweighs the small crashes, costs correspondingly go up. These costs are then passed on to customers in the form of increased insurance premiums.

What Happens if I’m Hit by a Driver with No Car Insurance?

For those who have the misfortune to be hurt in a car accident caused by an uninsured motorist in Rhode Island, it can be very scary to find out the person responsible for your injuries made the negligent choice of failing to purchase auto insurance coverage. It can be equally distressing if you’ve been hurt by an underinsured motorist and find out their auto coverage is insufficient to cover your injuries and property damages. Where does that leave you?

As an innocent victim, you should not be left stranded because of someone else’s reckless actions. If the driver responsible for your accident is determined to be uninsured, or underinsured, there are a number of ways a Rhode Island car accident lawyer can help you. Attorney David Tapalian has helped clients seek compensation when they’ve been hurt by an uninsured, or under-insured, driver by filing an uninsured or under-insured motorist claim in Rhode Island. By exploring these options, David has helped countless clients receive money to cover the bodily injury and property damage they incurred when hit by a negligent motorist.

Call Tapalian Law if You’ve Been Hurt

To get help with your uninsured, or underinsured, motorist claim, contact an experienced Rhode Island car accident attorney at Tapalian Law. We will listen to the details of your situation and discuss what methods are best suited to get you maximum compensation for your losses. Attorney Tapalian and his skilled legal team are available 24/7 to answer your calls, questions, and concerns. We understand getting hurt unexpectedly in an accident is very stressful and you have a million questions. We offer a free consultation where our legal team will help you determine exactly what steps to take next. Contact us online for a free consultation or call 401-552-5000 to speak with a Rhode Island car accident lawyer today.

What Does a Motorcycle Accident Attorney Actually Do?

While the first picture that comes to mind with the word “lawyer” is “court,” an experienced motorcycle accident lawyer does much more than that- a dedicated personal injury lawyer becomes your counselor, advocate, and guide through the complicated, often daunting labyrinth known as personal injury law. A Rhode Island motorcycle accident attorney from Tapalian Law will labor to make sure that you get the optimal outcome for your motorcycle accident claim.

Our firm is dedicated to providing the best legal representation possible for motorcycle accident victims and other victims of personal injury throughout RI and MA such as those hurt in car accidents, truck accidents, or other vehicle accidents like bicycle, scooter, or moped crashes. We help our clients get the maximum compensation they deserve from the insurance companies representing the party, or parties, responsible for their damages.

Services Motorcycle Accident Attorneys Provide

Motorcycle collisions often result in such significant injuries due to a lack of barrier between the rider and the external elements, which is why it’s crucial to consult with a personal injury lawyer as soon as possible. When you work with our firm, we will be with you every step of the way from the moment after the crash until an optimal settlement is given, helping you by:

• Thoroughly investigating the accident scene
• Analyzing police reports and collecting any other necessary evidence
• Ensuring you get the appropriate medical treatment
• Getting second opinions from medical and legal professionals
• Keeping an open line of communication regarding every aspect of your motorcycle accident claim
• Negotiating with the insurance companies on your behalf
• If necessary, representing you in court.

Partners In Your Journey Towards Justice and Compensation

We don’t look at ourselves as just motorcycle accident lawyers, but partners in your journey towards justice and compensation who have a real-life stake in whether or not you win the compensation you deserve. Not convinced? Here are some concrete ways Tapalian Law can add value to your motorcycle accident case:

• Deep knowledge of motorcycle law: With hundreds of cases under our belt and over two decades spent focused on the practice of personal injury law, we know the nuances specific to motorcycle law in Rhode Island and Massachusetts – which is not the same as auto accidents
• Dealing with your insurance company: We will negotiate with your insurer on your behalf in order to get the maximum payout (remember that insurance companies are always trying to pay the smallest sum possible)
• Representation in court: While this is not as common, if the case does go to trial, you know that you have robust legal representation you can depend on.

Contact Tapalian Law Today

Motorcycle accident victims are not just numbers on a balance sheet for us, like they are to insurance companies. Our law firm has built a trusted reputation through putting the client first at every turn and providing a personalized, individual approach to each motorcycle case that comes our way. We offer a free consultation and receive no payment until you are awarded compensation for your injury claim. Contact Tapalian Law at 401-552-5000 to consult with a top motorcycle accident lawyer in Rhode Island today.

Intersection a Long-Time Traffic Hazard

Just this summer, a group of area residents voiced their concerns and requested safety improvements to the Newport City Council, RI Department of Transportation, and state and national officials in an 18-page letter. While the intersection has been a long-time traffic safety concern, residents’ uneasiness escalated when the RIDOT Pell Bridge ramp realignment project resulted in a big influx of commercial and construction vehicles being re-routed through the area. Considered part of Route 138, a larger state highway, Admiral Kalbus Road is also a residential area. Hillside Avenue is also a residential area and a main route to and from Newport’s Pell Elementary School which is of great concern to both parents and neighbors who frequently observe motorists driving with a disregard for speed limits and traffic signals.

Over time the city has made improvements such as installing signage on Hillside Avenue and trying to use speed cameras. In fact, the city was awarded a $230,000 federal grant in 2022 for traffic safety measures on Hillside Drive following a traffic study conducted the prior year which showed continued speeding and pedestrian safety issues. In late 2022, cameras were used to catch 67 vehicles speeding through the intersection. The issue of the speed camera’s contract, however, was removed from the city council’s summer agenda leaving residents frustrated and worried.

City Urged to Make Changes

After the fatal bike accident, locals are putting pressure on Newport officials to redirect the influx of commercial vehicles away from the residential and school area and instead toward a new roundabout in the city and urging the city to install the speed cameras. Making improvements may prove a bit more complex with some portions of the roads in question being managed by the State of Rhode Island DOT while other portions belong to the city. In addition to these changes, local groups such as Bike Newport are advocating for long-term measures such as a designated bike path to improve safety for those biking, walking, and driving,

Contact a Personal Injury Attorney in Newport, RI

For all Rhode Island drivers, especially in residential and school zones, a reminder that motorists are urged to slow down, heed caution, and adhere to the posted speed limits and traffic signals to avoid another tragic, unavoidable, traffic fatality. If you or a loved one have been hurt in a car accident, bike accident, or pedestrian accident in Newport, Rhode Island, or Massachusetts, it’s critical to get medical attention right away. Then, call Attorney David Tapalian, an experienced personal injury lawyer in RI and MA, to discuss your eligibility to file a personal injury claim to seek damages against the person responsible for your harm. To discuss your accident with a RI attorney, call Tapalian Law at 401-552-5000, or contact us online to book your free consultation.

Top Reasons Car Accidents Happen

While there are many different reasons auto accidents happen, it’s essential to know how and why the most common ones happen so that you are able to optimize your safety while navigating the road.

• Distractions: It goes without saying, drivers are distracted! Phones are frequently to blame but distracted driving can include anything from fiddling with the GPS, eating, applying makeup, to texting or talking with passengers. No matter what, it’s essential as a motorist to keep your eyes on the road and be aware of your surroundings whenever you’re behind the wheel. Many drivers think they are able to multitask while driving but it’s been shown time and again that our brains do not successfully perform multiple functions at the same time at the same level, hence the high number of crashes caused by distracted drivers in Rhode Island and throughout the country.

• Driving while intoxicated: Of the 63 car accident fatalities in the Ocean State in 2021, approximately 1/3 were a result of drunk driving. Tragically, too many fatal accidents are caused by a totally preventable cause- impaired drivers. Alcohol is a big culprit, but drugs, whether illegal or prescription, contribute to impaired driving accidents as well. If you’re going to be drinking alcohol or taking any other substance, including prescription drugs, that may impair your fine motor skills and ability to drive, it’s imperative to plan ahead. Use a ride share service like Uber or a cab for safe transportation, or have a trusted designated driver so that you don’t get behind the wheel and put yourself, your passengers, and others on the road in danger. If you or a loved one have been hurt in an accident caused by a drunk driver, an experienced Rhode Island car accident attorney can help you file a personal injury claim to seek money for your injuries and damages.

• Speeding: Another top reason for crashes is fairly obvious- speeding. Due to the high impact of a speeding collision, fatalities are more common in these types of accidents. At a high speed, a driver has much less time to react to a hazard and a vehicle cannot stop as quickly as one operating at a slower speed. Even when in a rush, it’s critical for motor vehicle operators to put safety first and maintain a safe driving speed and remain in control of their vehicle.

• Road rage: Another easily preventable cause of car accidents, conflict and confrontation between angry drivers contributes to fender benders. If you are confronted by one of these irate drivers, remain calm and in control and don’t engage with an aggressive driver. A minor road mishap can easily escalate into dangerous actions by an aggressive motorist like cutting off other drivers, tailgating, and speeding.

• Road conditions and weather: If you must commute during adverse weather conditions, like heavy rain, snow, or sleet, plan accordingly by allotting extra time and adjust your driving speed slower to account for poor visibility and slippery road conditions. Construction, road work, potholes, and road defects, are some of the everyday conditions to be aware of while driving as well and its critical for drivers to adjust their speed for everyone’s safety.

Contact A Rhode Island Car Accident Lawyer After a Collision

If you’ve been hurt in a car crash caused by a negligent driver, seek medical attention immediately and then contact an experienced attorney in Rhode Island or Massachusetts to determine your legal rights. Attorney David Tapalian has over two decades of personal injury practice in RI, MA, and FL, and has helped hundreds of clients successfully win compensation for their injuries caused in a car accident, motorcycle crash, truck collision, or other type of collision. Contact Attorney David Tapalian today at 401-552-5000 to review the details of your accident and discuss your legal options or book your free consultation online.

• Your legal rights as a victim.
• Proving negligence to claim compensation.
• Steps to take if you sustain injuries from a slip, trip, or fall accident at a store.

What Is a Slip and Fall Accident?

Slip and fall accidents occur frequently and take place when a person experiences a slip, trip, or fall, caused by a contributing factor or condition, that results in injury. Common causes of these injuries in stores are uneven surfaces, wet or slippery floors, cluttered walkways, broken steps, or poor lighting. Something as simple as a doormat with worn out, curled up edges at the entrance to a grocery store, can easily cause a customer entering the premises to trip on the edge of the mat and fall. These types of falls can end up causing severe injuries, from simple sprains to broken bones and spinal cord problems. Falls can be especially detrimental to certain populations, including the elderly. When a person is hurt in Rhode Island as a result of negligence, such as a store owner failing to maintain proper care of their premises and allowing a potential hazard like a worn-out mat, the injured person may be eligible to file a personal injury claim to hold the store liable for their reckless actions. As a Rhode Island slip and fall attorney, David Tapalian has helped clients injured in Providence and throughout RI and MA, hold negligent store owners responsible for their negligence. Property owners, including store owners, are responsible for maintaining safe premises for their patrons and a failure to do so that results in an injury can prove costly.

Legal Rights in A Store Slip and Fall Accident

You may be eligible to file a personal injury claim against the property management or store owner for damages incurred if you suffered a slip and fall accident in a store as a direct result of the owner’s negligence. Examples of negligence include not providing adequate, visible warnings of potential hazards and failing to maintain a safe shopping experience. Store owners, or premises owners including national chains, have a legal duty to maintain a safe shopping environment and keep their customers safe while they’re on the property. This duty of care is known as premises liability. If a customer suffers an injury directly as the result of a hazardous condition on the premises of the store, a slip and fall lawyer may file a claim on their behalf to hold the property owner liable for the injuries and damages incurred.

Avoiding Personal Injury Cases as A Business Owner

Store owners must take appropriate measures to ensure their property conditions are safely maintained to avoid dangerous accidents, and potentially expensive personal injury claims. Common preventative measure may include regularly inspecting the premises for potential hazards, providing adequate lighting, and putting up easily visible warning signs where slip and fall incidents could potentially occur, such as a floor transition. If an incident unexpectedly occurs, such as a spill, the property owner must effectively manage the situation right away.

For example, if a glass container breaks and spills in a grocery store aisle while a clerk is unloading a delivery, the clerk should stay with the spill to ensure that customers are aware of the danger and keep their distance and call another worker to bring over the mop to clean up. Once the spill is cleaned and the floor is washed, the worker should place a clearly visible “wet floor” sign to alert customers to a potentially dangerous slippery floor until the area is deemed safe.

If you’ve been involved in a slip and fall incident in a store in Providence or elsewhere in Rhode Island or Massachusetts, it’s critical to report the incident to the manager right away and immediately speak with a slip and fall injury attorney to protect your legal rights and determine your eligibility to file a personal injury claim to seek compensation for your damages.

Establishing An Injury Claim

The injured customer must prove beyond a reasonable doubt that the store owner did not exercise reasonable care in maintaining the property, leading to the harmful condition. They must then prove that the condition was what directly resulted in their injuries. An experienced slip and fall injury lawyer will do this by gathering evidence related to the incident including medical reports and bills, witness statements, photos, store surveillance videos, and more. of the scene, etc. which is where an attorney can help.

Contact Tapalian Law Today

Accidents happen unexpectedly, even to the most cautious people. If your accident was the result of the negligence of a store owner who failed their duty of care, you may be entitled to compensation. If you were injured in a slip and fall accident, call Tapalian Law at 401-552-5000, or contact us online to consult with an experienced personal injury attorney today for free.

When Surgery is Recommended

When receiving treatment after an injury you suffered in an accident, your doctor will recommend a plan of care. A number of factors will be accounted for when advising what medical care options are best now, and potentially in the future. Depending on the type of injury and what body part is affected, surgery may be recommended by your physician. If the injury was a result of negligence, like an auto accident or motorcycle crash, the insurance company’s medical opinion will also be taken into consideration. The insurance company representing the at-fault party will consult with their own team of medical experts to make recommendations based on what is in the best interest of protecting the company and assessing liability. Sometimes surgery will be the most effective option, however there may also be alternative methods of care to consider, like physical therapy, although not all medical professionals will take these into consideration or discuss them with the patient.

Medical providers may be quick to recommend a surgical procedure over alternate routes of treatment, as some providers have a financial incentive from the insurance companies. This benefits the insurance company by allowing them to obtain a quick solution and close the personal injury claim, therefore protecting them from further liability and costs. In the long run, more conservative alternatives to surgery like physical therapy, drug therapy, and activity modifications, may take longer to respond to treatment even if they prove just as effective. The longer the treatment and recovery process continues, the longer the insurance company continues to be responsible which over time, increases cost and liability for them. In addition, there is the risk that the patient’s body doesn’t respond as successfully to the alternate method and the insurance company ends up having to pay for surgery anyway. As personal injury attorneys know, insurance companies want to do everything they can to minimize cost and liability and so they tend to take what is called a “find it and fix it” approach. Like anything, there are pros and cons.

Risks to Surgery

When a patient considers surgery, there are disadvantages to take into account which include cost, risks involved, and weeks or months of recovery. With any type of surgery, there is always a risk of complications and not always a guarantee that the procedure will be successful. In some cases, surgery may lead to a faster onset of osteoarthritis down the road, which can be the case when undergoing surgical repair for a torn meniscus. It can also increase the risk of the patient contracting other conditions in the operating room environment, like staph infection.

Another point to note is that in the U.S., surgeries are not approved or regulated by a state or federal agency, unlike pharmaceutical drugs which are regulated by the FDA, and may be rolled out to the public before extensive testing and clinical trials are complete. This can result in an extended period of time where the effectiveness of the operation is not truly known. Non-Surgical Therapies May Be Just as Effective in Some Cases

There is no doubt that surgery can, and does, have tremendous effectiveness and benefits, and in many cases, it may be the only option. In the case of an acute injury, such as a traumatic car accident, surgery may be required immediately and be life-saving. But in less severe circumstances, experts are asking patients and providers to pause and consider other options. Some medical professionals are concerned that certain surgeries are overprescribed, and potentially ineffective, when physical therapy may be a more effective option. They want medical providers and insurance companies to fully consider that even when surgery is shown to be effective, it may not necessarily have a significantly better outcome than when a patient is treated for the same condition with a non-surgical plan of care like physical therapy.

For patients who are eligible candidates, doctors may favor physical therapy, activity modifications, and lifestyle changes over surgery, as they are proven safer and just as effective in many cases. For example, over time evidence suggests that surgically repairing a torn meniscus does not offer more benefit than physical therapy to help strengthen surrounding tissues and support the healing process. Doctors should discuss the best options, surgical and non-surgical, for care with patients so they can make an informed decision.

When choosing the plan of care that is best for you, along with your medical team, patients are urged to take an informed approach. If your injury isn’t severe and in immediate need of attention, consider alternate options to surgery such as physical therapy, exercise, drug therapy, and lifestyle modifications. Sometimes, however, surgery is the best option depending on your situation and how your body responds.

Always Seek Medical Help After an Injury

When you’ve been hurt, no matter how minor your injuries appear at first, it’s critical to get medical attention right away. Throughout your recovery process, make sure to seek legal assistance and ensure your rights are protected. Contact a personal injury lawyer in RI and MA with experience getting injured clients fairly compensated for their damages including hospital bills, ambulance fees, lost wages, pain and suffering, and more. At Tapalian Law, our skilled personal injury team has helped hundreds of people in Providence, and throughout Rhode Island, Massachusetts, and Florida, ensure they are treated fairly and receive the money they deserve. Call us for a free consultation today at 401-552-5000 or contact us 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.

What Responsibility Does a Store Have to its Customers?

In all states, including Rhode Island and Massachusetts, owners of property must make a reasonable effort to maintain their property to ensure the safety of visitors. A property owner, such as a retail store, is responsible for inspecting the condition of the property on a regular basis, making timely maintenance repairs and making every effort necessary to ensure a safe environment. If the owner fails to do so and is someone is injured on the property, the owner may be held liable for the person’s damages if found negligent.

Property owners owe a “duty of care” to those who are reasonably expected to be on the premises by exercising reasonable care for the safety of these people. (Typically, trespassers have limited rights.) For instance, a commercial retail business such as Walmart welcomes customers into their stores for the purpose of shopping, and therefore, the business owes their customers a duty of care to keep the premises safe.

A retail store may be found negligent and held liable for a person injured on the premises if the store created the danger, knew of the danger and failed to ameliorate it, or if they should have reasonably known of the danger but failed to take the necessary steps to avoid it.

Types of Premises Liability Cases

Premises liability is one of many types of claims that fall under the larger umbrella of personal injury claims. A lawsuit for premises liability holds a property owner responsible for any injuries or damages that occur on the property. The circumstances for this kind of claim encompass a wide range, some common ones are:

• Slip and Falls
• Dog Bites
• Snow and Ice Removal
• Falling Objects
• Swimming Pool Accidents
• Damaged Property, i.e., broken steps, missing handrails

Negligence in a Premises Liability Lawsuit

In this particular lawsuit, it was determined that Walmart owed the claimant a duty of care as a customer of their store and breached this duty of care by failing to keep the premises safe. The store was held responsible for creating the condition- the rusty nail being on the floor of the store- and the fact that staff knew about or should have reasonably known about the condition and fixed it. By failing to do so, the claimant was injured.

Attorneys on behalf of Walmart argued that Ms. Jones “wholly failed to establish that Walmart placed the nail on the floor or that Walmart knew or reasonably should have known of the presence of the nail on the floor.” They also claimed that the type of nail found in the claimant’s foot was too short to fasten pallet boards. The jury disagreed and Ms. Jones was awarded $10 million for her damages.

Monetary awards in a premises liability lawsuit vary widely and some factors that come into play are the extent and severity of the injuries, length of recovery, how they affect the person’s future well-being and opportunity to earn a living, the affect on the person’s quality of life, and expectation of full recovery, amongst other considerations. In the case of April Jones, the lawsuit stated that Ms. Jones has been in a wheelchair for six years, her “daily life was significantly interrupted”, and the pain from her injuries “has resulted in her loss of enjoyment of life and change in her personality, all to the permanent detriment to her health and physical wellbeing”.

Contact a Rhode Island Personal Injury Lawyer if You’ve Been Hurt

If you, or a loved one, has been injured on someone else’s property due to an owner’s negligence or failure to make repairs, you may be eligible to seek compensation for your losses. Injury Attorney David Tapalian has helped clients all over Rhode Island, Massachusetts, and Florida, who have been hurt in car accidents, motorcycle crashes, slip and falls, and work-related accidents, recover money for their damages. If you’ve been hurt due to another person’s negligence, you may be able to seek compensation for your medical bills, hospital expenses, lost wages, and pain and suffering. Tapalian Law offers a no-cost, no-obligation review of your claim, and if you hire us, there are no fees until we successfully win money for your case. Call the personal injury experts at Tapalian Law in Providence, RI, at 401-552-5000, or use our online contact form to schedule a free consultation to discuss your claim and see how we can help you.

Part of Providence Great Streets Initiative

Dubbed by supporters as an “urban trail”, the two-way lane on South Water Street can be used by bicycles and other non-car modes of transportation, such as scooters. Ideally, it will allow a safer mode of transportation for, and reduce the risk of injury to, bicyclists and other pedestrians. In addition to improved safety, supporters tout health and climate benefits as well as the project’s ability to attract people to the city and improve the quality of life for residents. Having a safer option for those seeking alternative modes of transportation to work or school, as well as those seeking to use the lane for recreation or exercise will allow users to explore more environmentally friendly options.

Clearly marked and designated bike lanes are essential to ensure the safety of vulnerable cyclists, outlines the City’s Great Streets Initiative, whose goal is to make every street in the city safe, clean, healthy, and vibrant. One such project, a two-way bike lane on Eaton Street in Providence, was unsuccessful due to local opposition and cost the city over $100,000 to build, and then dismantle, the project.

Bike Lane Opposition

According to the NHTSA, 846 bicyclists were killed in traffic crashes in 2019. Despite this startling statistic and the fact that 78% of these bike fatalities occurred in urban areas, the Providence bike lane project still faces much opposition. Most of the criticism is due to the removal of a traffic lane on South Water Street to make way for the new, designated path for bicycles. Opponents complain this will cause too much traffic in an already congested area and lead to more injuries.

A recent article compared the opposition to the South Water Street project to the opposition the East Bay Bike path project faced in 1983. At the time, naysayers claimed the proposed path was a safety risk and would promote crime. Alas, the East Bay Bike path was created and has been a huge boon to an area which has become increasingly safer over the years. In contrast, the East Bay Bike path was built on a former railway and did not block any existing traffic lanes at the time which tends to be the main concern with the new Providence project.

Tapalian Law Can Help You After an Accident in Providence RI

As a personal injury attorney in Providence who has handled numerous serious bike accident injury cases, Attorney Tapalian is always interested in hearing about initiatives to purportedly make the streets of Providence safer to both motor vehicle drivers and the bicyclists and other pedestrians sharing the road. David has helped hundreds of people hurt in car accidents, bike crashes, motorcycle collisions, and other types of accidents, throughout Rhode Island, Massachusetts, and Florida, for over two decades. If you’ve been hurt, seek medical help immediately. Then, contact our top-rated Providence personal injury firm to determine your eligibility to seek compensation from the party responsible for your injuries. You may be eligible to receive compensation for your medical bills, lost wages, property damage, and pain and suffering. Rhode Island personal injury claims are subject to a three-year statute of limitations, a deadline in which a personal injury claim must be filed, so it’s critical to seek legal help as soon as possible after your accident. With a main office conveniently located in downtown Providence with free parking, we are easily accessible to our clients all over RI and MA. If you are too injured to come to us, we will come to you. Call Tapalian Law at 401-552-5000 to schedule a free consultation.

Car Accidents on Bridges

Bridges can already be a hazardous place for drivers before speeding is added into the mix. When a motorist drives across any bridge, they are placing their trust in the engineers, architects, and construction workers who designed and built the structure. Errors can result in structural failures, even a whole infrastructure collapse. If bridges aren’t regularly inspected for safety hazards, they can incur damage that, if left unrepaired, could result in a treacherous situation. For example, if two cars collide in an accident near the edge of a bridge with a missing or damaged guardrail, it’s possible for one or both vehicles to fall off the side into the water or highway below. Visibility can also be difficult on bridges without adequate lighting, making it difficult for motorists to visualize their surroundings. In addition, car accidents on bridges frequently occur at the entrance or exit ramps, especially if there is inadequate signage or a tricky merge with other vehicles.

As huge pieces of infrastructure requiring regular upkeep, construction on bridges can be a frequent necessity and requires extra caution from drivers. Compounding the hazards of speeding discovered on the Pell and Verrazzano bridges is the construction currently underway on both, making the situation all the riskier to both drivers and construction workers. The Pell Bridge has begun phase two of a scheduled project to make the road safer and easier to navigate with a focus on creating a ramp system that officials hope will decrease the amount of congestion. Other parts of the project involve creating a bike path and removing elevated portions of the bridge. Even with improvements to bridges, drivers need to be cautious to maintain a level of safety for themselves and those around them. Specifically in busy tourist spots like Newport and Jamestown, many out of towners are unfamiliar with the local traffic rules, or choose to ignore them. If you are involved in an accident in Newport, Jamestown, or elsewhere in Rhode Island or Massachusetts, its crucial to seek advice from a highly experienced personal injury attorney like David Tapalian who can hold the negligent driver responsible for your damages.

Recent Auto Collisions on Bridges in RI

In January 2020, a 70-year-old woman died when her car crashed into the concrete barrier and pole surrounding a toll booth on Pell Bridge. A month later, another crash occurred on the Pell Bridge involving multiple cars traveling in the high-speed lane. The Jamestown Verrazano Bridge also has had its fair share of accidents, such as a September 2020 crash involving a tractor-trailer hitting a water barrier.

Tapalian Law Can Help You After a Car Accident in RI or MA

No matter how your accident occurred, it’s important to seek legal advice right away from a highly qualified personal injury lawyer in RI or MA, to determine your eligibility to file a personal injury claim to seek compensation for your losses such as medical bills, hospital expenses, lost wages, and pain and suffering. With over 20 years of legal expertise in RI, MA, and FL, Tapalian Law’s injury team has helped hundreds of clients successfully win compensation from their injuries caused by auto accidents, truck accidents, motorcycle crashes, worksite accidents, medical malpractice, and slip and falls. Call a top-rated personal injury attorney in RI for a free consultation at 401-552-5000, or contact Tapalian Law online.

Importance of Wearing a Helmet

Plenty of data shows that wearing a helmet can significantly increase your chances of surviving a motorcycle accident, as well as minimize the severity of the injuries suffered. This is one simple step, yet a very critical one, that motorcyclists can take to protect themselves from potentially life-threatening injury. Motorcyclists are less protected than those travelling in cars and therefore, are more prone to serious and life-altering injuries if involved in a collision. Sadly, the majority of motorcyclists who were killed in crashes this year in Rhode Island were not wearing helmets, according to Peter Alviti, Director of the Rhode Island Department of Transportation.

For an example of the life-saving properties of a helmet, a Bristol police officer was lucky this summer when he walked away from a motorcycle collision with only a few injuries due to his helmet and protective gear. The on-duty officer was riding the bike through an intersection where he had the right of way when another driver crashed into him, damaging his bike in the process. Fortunately, the officer was not severely injured.

Preventing Motorcycle Collisions

Some crashes occur due to driver error, often car or truck drivers fail to look out for bikes, especially since they may be closer to the ground and less visible than larger motor vehicles. Due to the relative size of a motorcycle compared to a car, they can get lost in a driver’s blind spot, making it more likely that an accident occurs as cars are switching lanes. As a result, drivers are often surprised when they notice how close they are to a motorcycle but don’t have enough time to prevent the resulting crash. Motorists need to heed extra caution and be vigilant especially when changing lanes, making turns, and pulling out of a driveway or parking spot.

Another common reason for motorcycle accidents is drunk or distracted drivers. When drivers are under the influence or not paying attention to their surroundings, they increase their chances of hitting a motorcycle. In addition, a motorcycle operator under the influence of alcohol or drugs, speeding, or otherwise acting recklessly, greatly increases their risk of collision. With ride share services like Uber and Lyft readily available, those under the influence of substances or otherwise unwell are urged to utilize these alternatives. By decreasing the number of dangerous drivers on the road, we can also hopefully decrease the number of motorcycle and motor vehicle fatalities in Rhode Island.

Inexperience comes into play with these types of accidents as well. While Rhode Island requires operators to obtain a permit before they can ride a motorcycle, some other states do not. Many states allow anyone with a valid car drivers’ license to ride a bike without any extra training steps in this process. As a result, inexperienced riders might be increasing the total number of crashes occurring in 2021 in the state and data still needs to be collected on whether the motorcycle riders involved were primarily from Rhode Island or another state. Requiring more extensive safety training for all riders could prevent some of these collisions involving inexperienced operators.

Tapalian Law Can Help You After A RI Motorcycle Accident

If you’ve been injured in a motorcycle crash or automobile accident in RI or MA, contact an experienced personal injury attorney to protect your legal rights. With offices in Providence, Warwick, Seekonk, and Fort Lauderdale, Attorney David Tapalian helps victims of personal injury all over Rhode Island, Massachusetts, and Florida. He has successfully settled hundreds of cases ranging from drunk driving accidents to wrongful death claims and helped his clients receive the maximum compensation they deserve. To see how our skilled personal injury team can help you, call Tapalian Law’s Providence RI office at 401-552-5000 or schedule a free consultation online.

While Autopilot can help control certain aspects of driving the car, such as changing lanes, the driver must still maintain awareness of their surroundings despite stories of drivers that fall asleep at the wheel or read a book while relying on the vehicle technology to make decisions for them. These actions are dangerous as the system is not meant to be self-driving and can result in serious injuries, or death, to both the driver and innocent motorists, pedestrians, or bicyclists. Attorney David Tapalian is an experienced personal injury lawyer who helps victims of car accidents in Rhode Island and Massachusetts, including those crashes caused by a negligent or distracted driver. If you’ve been the victim of a dangerous auto accident, call 401-552-5000 to see how Tapalian Law can help you hold the negligent driver liable for your injuries.

Recent Tesla Accidents

The NHTSA is investigating a number of instances involving the Tesla autopilot system malfunctioning and resulting in personal injury or death. A crash in 2019 took the life of a 15-year-old boy whose father was driving a pickup truck and turned on his blinker to switch lanes. While changing lanes, the Tesla vehicle traveling behind him at a high speed did not slow down. As a result, the truck was rear-ended in the collision and the child was ejected and killed. Further investigation into the incident found that the Tesla was using the Autopilot system at the time of the crash. The technology, and the Tesla operator, failed to slow down the vehicle with an adequate amount of time to prevent the crash. Other Tesla crashes were due to the Autopilot system not braking for other vehicles and, in one instance, the technology did not notice a nearby concrete barrier. The drivers in both cases were killed.

The founder of Tesla, Elon Musk, says that his company is taking the proper precautions to avoid fatal accidents. Tesla often mentions how many of the accidents caused by their vehicles were the fault of the driver. The National Transportation Board has another view. They say that Tesla is not taking adequate safety measures to ensure drivers are using the technology correctly. For example, General Motors created a Super Cruise system that turns off completely if the driver’s eyes are not on the road. After providing the operator with a few warnings, the entire system will shut down if their eyes are still not on the road. On the other hand, Tesla’s autopiloting system only measures the amount of time the driver’s hands are on the steering wheel and can be misled if the hands touch for only a few seconds before being removed.

Tapalian Law Handles Autopilot Accident Cases

With over 20 years of experience in the field of personal injury law, Attorney David Tapalian works tirelessly to get the results you deserve. He helps victims across Rhode Island, Massachusetts, and Florida, as well as family members of those who died due to another’s negligent actions. Autopilot car accidents are often fatal, and a personal injury lawyer can explain the nuances of filing a wrongful death claim on behalf of your lost loved one. Attorney Tapalian dedicates his work to helping innocent victims achieve the justice they deserve. Tapalian Law will go through any means necessary, such as arbitration and litigation, if it provides you with a better outcome. For any injury, no matter how large or small, contact our Rhode Island personal injury office at 401-552-5000 or send us an electronic message. We offer a free consultation to determine how we can help you and we only get paid when you win compensation.

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.

In March, a 6-year-old boy died in an accident involving a Peloton treadmill. At Tapalian Law, as personal injury lawyers, we know there is never a way to make sense of a death from a devastating accident, and it can seem perhaps even more tragic and senseless when it involves a child. Sadly, childhood injuries from accidents are the number one cause of death in kids under the age of 19, according to the CDC.

In April, the U.S. Consumer Product Safety Commission issued an “urgent warning” to owners of the treadmills to stop using them immediately. The warning came after the commission received 72 reports stating adults, children, pets, and objects had been pulled under the rear of the machine. Of the 72 reports, 29 involved children, including the death of the young boy. At the time, Peloton fought back against the agency’s request calling it “inaccurate” but has since apologized, acknowledged its wrongdoing, and issued the equipment recalls.

Peloton’s Recall Remedy

As a result of the recall, Peloton is offering a full refund to owners of the recalled treadmills, which retail for over $4,000. Alternatively, for those who wish to keep the treadmill, a free service is offered to relocate the piece of equipment to an appropriate place within the customer’s home where it can not be accessed by children or pets. In addition, the company plans to offer a repair that would include an automatic lock on the machine after use and require a password to unlock it.

This is not the first time Peloton has issued a recall on its fitness equipment. In October, they recalled approximately 27,000 of their bikes after receiving reports of injuries caused by broken pedals.

Do You Own a Peloton Treadmill?

If you own one of these recalled pieces of equipment, you are urged to stop using it immediately and contact Peloton for further instruction. Store the equipment and its accessories away from where children and pets can access it. Contact a Personal Injury Lawyer in RI if You’ve Been Hurt

If you, or your child, have been injured by a defective product or hurt in another type of accident, seek legal help right away. You may be eligible to seek compensation for your damages including medical bills, lost wages, and pain and suffering. Attorney David Tapalian has over 20 years of experience as a personal injury attorney in Rhode Island and Massachusetts, helping victims of car accidents, motorcycle accidents, slip and falls, and child injuries. Tapalian Law offers a free consultation to discuss your accident claim and explain how we can help you. Call us today at 401-552-5000 or contact us online. With offices in Providence, Warwick, and Seekonk, we are easily accessible to our clients throughout RI and MA.

All-terrain vehicles, commonly known as ATV’s, are classified as recreational vehicles and their use has been an issue of concern for years to local residents throughout Rhode Island and police alike, who field complaints concerning the loud noise created by the ATV’s and, more importantly, the unsafe and improper operation of the recreational vehicles. Injuries incurred in a collision with an ATV can be serious and especially dangerous to children.

ATV Laws in Rhode Island

In Rhode Island, ATV’s are required to be registered with the Department of Environmental Management (DEM) and are subject to a set of rules and safety requirements including where they may, and may not, be driven. All-terrain vehicles are classified as recreational vehicles under RI General Laws § 31-3.2-1:

(8) “Recreational vehicle” means a motor vehicle including minibikes designed to travel over unimproved terrain and which has been determined by the division of motor vehicles as unsuitable for operation on the public way and not eligible for registration for such use. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors, which are not registered as farm vehicles, but shall include any three (3) wheel driven vehicle and any other four (4) wheel driven vehicle, regardless of type or design, including all classes of all-terrain vehicles.

As such, ATV’s are subject to the legal requirements laid out in RI General Laws § 31-3.2, including but not limited to:

• ATV’s may not be driven on public streets in Rhode Island, only on designated trails determined by the state or on private property.
• The recreational vehicles may be allowed on the street in emergency situations such as snow conditions that are otherwise unsafe for a motor vehicle.
• Vehicles must be operated in a safe and controlled manner.
• ATV operators must be age 12 or older. Any operator between the ages of 12 and 16 must be accompanied by an adult at all times.

What to Do If You Are Hit by an ATV

If you are involved in an ATV accident in Rhode Island, it’s important to contact the local police to file an incident report, even if the damage to your vehicle is minor. If you are physically injured by an ATV, whether as a pedestrian or motorist, its critical to seek medical attention right away.

When an ATV accident occurs, the operator of the ATV is required to follow the same protocol as a driver involved in a motor vehicle accident. This includes not leaving the scene of the accident, rendering aid as able, providing identification and contact information, and contacting the local authority to report the accident.

Although some recreational vehicle owners carry liability insurance which can be beneficial if the vehicle incurs damage or if the ATV is involved in an accident that causes damage to another person, motor vehicle, or property, many others do not. If you are hurt by an ATV driver, it’s essential to seek legal help from a Rhode Island personal injury lawyer to determine your legal rights.

Contact Tapalian Law If You’ve Been Hurt in an ATV Accident

If you’ve been involved in an accident with an ATV in Rhode Island, it’s important to seek help from a highly qualified personal injury law firm. Attorney David Tapalian is an experienced personal injury lawyer with over 20 years of practice helping people hurt in car accidents, motorcycle accidents, pedestrian accidents, slip and falls, and other types of accidents. As a top-rated injury attorney, he will hold the person at-fault for the accident responsible, and seek maximum compensation for his clients’ damages and losses. Tapalian Law offers a free consultation and with offices located in Providence, Warwick, and Seekonk, MA, we are easily accessible to all areas of RI and MA. Call us today at 401-552-5000, or contact us online.

Causes of Boat Accidents

Known as the Ocean State, Rhode Island is always a popular summer destination for boaters. In particular Newport, Narragansett, Jamestown, Block Island, and other coastal cities and towns, experience high water traffic in the summer as do areas of Massachusetts, like Cape Cod. Sales of boats, jet skis, and other personal water craft have surged this summer due to the pandemic – their use also made more attractive by a decline in fuel prices. Water traffic collisions and mishaps are prevalent each summer, but more so this year. Negligent behavior accounts for a significant portion of boating related injuries and fatalities, similar to the cause of the majority of car accident cases seen as a personal injury attorney. This uptick in boat accidents and water rescues can be attributed primarily not only to the increase in water traffic, but the use of alcohol, drugs, and inexperience.

Boat Accidents in RI & MA

In June, 8 young people were hurt, one seriously injured, in a boat accident in Massachusetts on the Westport River when their 20-foot power boat ran aground. Though officials aren’t clear on this particular incident, they do say new boaters often lack a formal boating education, proper safety equipment, and adherence to the rules of safe water operation like speed and alcohol use. One concern is that the Environmental Police have not been able to provide educational classes due to Covid-19, and have been working with various providers to offer online training. This delay in, or lack of, formal training may exacerbate the problem of inexperienced operators causing injuries due to a lack of knowledge of proper safety rules.

Through late June of 2020, Coast Guard District 1, which covers Massachusetts, Rhode Island, Connecticut, New Hampshire, Vermont, Maine, New York, and northern New Jersey, has reported 18 fatal boat accidents thus far. In comparison, District 1 reported 9 fatal boat accidents last summer.

Hurt in a Boat Accident Due to Negligence

If you are hurt in a boat, jet ski, or other type of water craft incident in Rhode Island caused by the negligence of another person, you may have a valid personal injury claim. Boating operators, jet ski drivers, or other recreational vessel users, who cause serious bodily injury or death due to reckless operation may be charged by the state. This type of lawsuit is very different than a typical private personal injury claim. Due to the legal complexities and variations among localities, a personal injury attorney experienced in maritime laws in RI and MA is highly recommended. Compensation awarded in a boat accident settlement can be similar to that of a car accident settlement and may include medical expenses, property damage, lost wages, and other related costs. If a death occurs, certain family members may be eligible to file a wrongful death claim against the party responsible for the accident that resulted in the loss of their loved one.

Examples of boating negligence include:

• Recklessness- such as riding at an excessive speed, or allowing too many people on the boat at once making it overcapacity
• Intoxication- operating a boat or jet ski under the influence of drugs or alcohol is illegal
• Distractions- boat operators can be distracted by the same things that distract motor vehicle operators, i.e. cell phones, navigation systems, eating, drinking
• Inexperience- a lack of training, or improper training, can be deadly
• Maintenance neglect- an operator fails to keep his or her vessel properly maintained, or fails to carry adequate safety equipment

Contact Tapalian Law for a Free Consultation

A recreational day on the water can take a turn for the worst in a matter of seconds when a negligent driver, such as one impaired by alcohol or drugs, is operating a boat. An inexperienced boat driver acting recklessly, either intentionally or unintentionally, can cause a water accident resulting in serious injuries or death. Attorney David Tapalian is a highly respected personal injury lawyer in Rhode Island and Massachusetts with over 20 years of personal injury experience. David and his skilled legal team at Tapalian Law will guide you through the proper procedures to move forward with your injury or property damage claim to ensure you have the best chance at receiving compensation for your losses. With offices in Providence, Warwick, and Seekonk, MA, you can visit us, or we can visit you for a free consultation. Call Tapalian Law at 401-552-5000, or contact us online.

What many people don’t realize is that bites can happen with any type of dog, even the normally sweet family dog. Many of these injuries are minor, in fact, the majority of dog bites don’t require medical care. However, statistics show that when attacks are inflicted by certain breeds, such as pit-bulls, they result in more severe damage, critical injuries, and fatalities. While injuries can occur with any type of dog, 76% of dog bite fatalities involve pit bulls and rottweilers. Pit-bull’s, the type of breed involved in the East Providence incident, account for 66% of these deaths. The most frequent victims of canine aggression include kids, the elderly, and postal service workers.

Dog Bites & Children

Children between the ages of 0-2 have the highest rate of fatalities for dog bites, 27%. Almost half of these young victims are babies under the age of 1. Dog bite injuries to a small child or baby can be extremely detrimental, even fatal. As lawyers, we encounter injuries related to aggressive behavior in dogs where often, the victim or their family has no idea what provoked the animal. A dog may attack for any number of reasons including feeling threatened or stressed, being startled, not feeling well, to protect their puppies, owners, or themselves, as a reaction to a loud noise, or rough play. Babies and small children might cry or make noises that are unfamiliar to, or try to “play” with, a dog that feels threatening and stressful to the canine.

When a dog attacks a child, it frequently injures the child’s head and neck due to their smaller height. Severe injuries to the face can result in permanent scarring and disfigurement, which can have life-long emotional and physical repercussions. As the child’s body grows and changes, additional surgery may be required to accommodate the injuries and adjust them to a changing body. An experienced personal injury attorney will take future procedures into consideration when seeking compensation for a child dog bite victim. Many dog bite victims, especially kids, suffer from post-traumatic stress disorder (PTSD) Professional help may be beneficial, but painful memories from the attack can still linger and disrupt their normal lives, making an everyday activity like walking down the street, difficult and stressful for fear of encountering a dog.

RI Dog Bite Laws

When a dog attacks a person and inflicts injury, its owner may be held liable depending on the circumstances, the location of the accident (on or off the dog owner’s property) and the state where the incident occurred. In Rhode Island, the “one bite” rule is often interpreted as allowing a dog one “free” bite, before its owner is held liable. However, this may or may not hold true and is dependent on other factors including if the owner had prior knowledge of the dog’s vicious propensities, or the animal had been involved in a dangerous incident in the past. A skilled personal injury lawyer will make these determinations after reviewing all the evidence from your dog bite claim.

Liability for a dog bite in RI may also depend on if the attack took place in an “enclosure” such as a fence on the owner’s property, off the owner’s property, whether the victim was trespassing, and/or the age of the victim. Pertaining to the East Providence toddler tragedy last week, according to East Providence City records, there is no record of a dog licensed at the home where the incident took place and police were unaware of any prior incidents involving the animal. Further investigation into the tragic accident is pending.

Hiring a Rhode Island Personal Injury Attorney for Your Dog Bite

If you or your child are hurt by a dog, it’s important to seek immediate medical help and then consult an experienced lawyer well-versed in Rhode Island dog bite injury laws to help you seek compensation. At Tapalian Law, we understand the high cost of medical treatment for physical injuries and emotional trauma resulting from a dog attack. The average cost of a dog bite related stay in a hospital is $18,200, according to the Agency for Healthcare Research and Quality (AHRQ). Injuries from a dog bite can leave lasting physical and emotional repercussions and frequently, when filing a dog bite injury claim, costs for future care and treatment need to be factored in as these types of injuries often necessitate future care such as scar revision and psychological counseling. If these expenses are not included in your personal injury settlement, you may be left paying for them out of pocket. Let the top-rated Rhode Island injury lawyers at Tapalian Law get you the compensation you deserve for your injuries.

With a main office in Providence, and locations in Warwick, RI and Seekonk, MA, our personal injury law firm has been helping people injured in car accidents, motorcycle accidents, dog attacks, and all types of injuries in RI and MA for over 20 years. Call Attorney David Tapalian today for a free consultation at 401-552-5000, for your RI dog bite claim or MA dog bite claim. You can also contact us with our easy, online form.

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.