Truck Accident - Tapalian Law

Navigating a Commercial Vehicle Accident Settlement in RI: What to Expect

Tapalian Law — Thu, 08 Feb 2024 17:32:02 GMT

A common question personal injury lawyers receive is: What can I expect when it comes to a settlement for my commercial vehicle accident? The answer is probably not what you want to hear, but it’s necessary and truthful: It varies depending on a variety of factors, just like with car accidents and many other types of personal injury law. The complexity of trying to get the commercial vehicle accident settlement you deserve for your specific case is exactly why you need to have top-notch legal representation on your side. Below, our Providence personal injury attorneys will go through a brief overview of the basics of commercial vehicle accident settlements in Rhode Island, how the amounts are determined, and some things you can expect when going through the process.

What Is Considered a Commercial Vehicle?

First, let’s establish the definition of a commercial vehicle before delving into the more complicated legal stuff. A commercial vehicle generally refers to automobiles like delivery vans, semi-trucks, taxis, buses, and other vehicles that are employed for business. Since these types of vehicles tend to be larger and heavier than other cars and trucks on the road, when accidents do occur, injuries and damages tend to be more severe compared to accidents that only involve regular passenger cars.

What Can Influence an Average Settlement

Like we mentioned above, determining an “average settlement” of economic damages when it comes to Rhode Island commercial vehicle accidents is almost never simple due to the myriad of factors that your injury attorney will need to take into consideration. Such factors include:

Medical costs: Current and projected future medical expenses compose a significant component of any injury settlement.
Severity of injuries: Accidents involving significant injuries like traumatic brain injuries, fractures, spinal cord injuries, or even fatalities can end up awarding significantly higher settlements compared to situations where there are only minor injuries involved.
Pain and suffering: The amount of emotional and physical pain the victim can be determined to suffer as a direct result of the accident.
Lost wages and earning capacity: If the accident has resulted in the victim losing the ability to work either permanently or temporarily, future earnings and lost wages can also be factored into the settlement amount.
Fault: Depending on who is at fault for the accident, the settlement can vary significantly. Rhode Island’s pure comparative fault rules allow a victim to seek compensation even if they are partially at fault for the crash. The amount of your settlement will depend on how fault is determined in your claim.

Settlements Range Depending on These Factors

With the many potential factors such as the ones listed above, it is difficult to pinpoint one specific “average” settlement number. Once you meet with your personal injury lawyer and critical components of the claim are reviewed, your attorney may be able to provide a general range your settlement is expected to fall into, i.e. in the tens of thousands to millions ranges, depending on how each case goes. Accidents that only involve minor injuries typically pull in settlements in the lower five figures, whereas severe or even fatal injuries may lead to considerably higher settlements in the seven figures for a Rhode Island auto accident settlement.

Why It’s Essential to Have Adequate Legal Representation

With commercial vehicle accidents especially, you don’t want to take the complexities and caseload of a legal battle on by yourself. Most times if you’re involved in an accident involving a commercial vehicle, you’re up against major corporations represented by a host of insurance lawyers, so having an experienced commercial vehicle accident lawyer like Attorney David Tapalian on your side is not just recommended but necessary if you want to come out the other end with any kind of satisfaction. Plus, you’re likely still reeling from the accident, making it even more difficult to deal with the complicated paperwork and negotiations involved.

Contact Tapalian Law Today

If you or somebody you love get into a commercial vehicle accident, you need an experienced commercial vehicle accident attorney on your side to help you navigate the case and ensure your rights are protected. David Tapalian has helped thousands of clients throughout RI and MA settle injury claims for amounts substantially over what the insurance company originally offered. It’s important to have skilled legal counsel for your Rhode Island vehicle accident claim to ensure you receive the settlement you deserve. Call Tapalian Law to consult with a top personal injury lawyer today! Call us at 401-552-5000 or schedule a free consultation online.

Pedestrian Injuries More Severe When SUV’s Are Involved

Tapalian Law — Fri, 03 Sep 2021 15:12:21 GMT

It may go without saying, but when a motor vehicle collides with a pedestrian, in the majority of cases, the pedestrian is going to be the loser in this battle. When the vehicle involved in the collision is an SUV, the stakes are even higher and the risk and severity of the injuries suffered by the unprotected victim are typically much worse. As a Rhode Island personal injury attorney, David Tapalian has seen serious and often life-threatening injuries occur when a person on foot is hit by a moving vehicle. Frequently, the extent of the injuries the person suffers, and their risk of death, corelates to the size of the SUV or truck. A study last year by the Insurance Institute for Highway Safety (IIHS) backed up this assumption when it looked at which vehicles were more dangerous in pedestrian car accidents and reported that sports utility vehicles were found to kill and injure pedestrians more frequently than other types of cars. IIHS Study Findings

Considering that SUVs make up almost 50% of motor vehicle sales in the U.S. each year and are projected to continually rise, and sedans make up less than a quarter of sales, the study findings are daunting. The primary difference between getting hit by a smaller vehicle versus a sports utility vehicle occurs when a collision takes place at an intermediate speed. For example:

When traveling at 40 miles per hour:
- A car hitting a pedestrian will result in death 46% of the time.
- An SUV traveling at the same speed will kill a pedestrian almost 100% of the time.

Based on the IIHS findings, when the vehicle traveled at lower or higher speeds, there was less of a difference between the danger of SUV’s and cars. One reason SUV crashes are riskier to pedestrians is because of the traditional SUV’s more “boxy” shape in front. The resulting injuries caused by the larger vehicle’s bumper, headlights, and grill are more damaging because they are higher off the ground and these parts of the vehicle typically hit a person’s chest or pelvis as opposed to just their lower extremities. This style of vehicle is also more likely to throw a person forward than a smaller, differently designed car is.

What Vehicle Manufacturers Are Doing

Over the years, a number of auto manufacturers have revamped the designs of their sports utility vehicles to be more car-like and feature a more sloped front bumper. Although other manufacturers began lowering bumpers and other heavy parts, the rate of accidents has not significantly decreased because the location of the parts is not as damaging as the actual shape of the front of the car. The IIHS says that manufacturers need to do more to combat these design issues that have resulted in pedestrian injuries and deaths, especially with the popularity of sports utility vehicles on the road.

How to Protect Yourself from a Rhode Island Pedestrian Accident

As the driver of any type of vehicle, we all have a responsibility to remain free of distractions and stay strictly focused on the road. As a pedestrian, there are also ways to minimize the risk of being hit by an SUV or other type of vehicle. Firstly, when available, always utilize designated crosswalks or walk on sidewalks, and heed the Rhode Island traffic signals around you. Make sure you are focused on your surroundings, look away from your phone or other distractions, and look both ways before darting out into the street. You want to also be facing the line of traffic when you are walking along the side of a road. You will see cars coming at you, ideally with enough time to move away, as opposed to unseen vehicles potentially injuring you from behind. Wearing bright colored clothing and reflective gear will also make you more visible to motorists.

Attorney Tapalian Can Get You Compensation After a Motor Vehicle and Pedestrian Accident

If you have been hit by a car, truck, or SUV, in a Rhode Island auto accident, seek legal advice from an experienced personal injury lawyer as soon as possible. After any type of injury, it’s critical to seek immediate medical care, then contact a highly respected and top-rated personal injury law firm like Tapalian Law. When an automobile strikes an innocent pedestrian, the driver of the vehicle who caused the collision may be held responsible for the injuries and damages they caused. If the at-fault driver is found negligent, you may be eligible for money for your injuries including medical bills, hospital costs, lost wages, and pain and suffering. If a car accident results in death, certain family members of the victim may be eligible to file a wrongful death claim for compensation if the driver was found to be acting carelessly. Attorney David Tapalian has over 20 years of experience helping victims of personal injury in car accidents throughout Rhode Island, Massachusetts, and Florida. With a main office located in Providence with easily accessible parking, and offices in Warwick, Seekonk, and Fort Lauderdale, we are ready to help you right away. Call Tapalian Law at 401-552-5000, or contact us online to set up your free consultation.

Sleep Deprived Drivers May Be as Dangerous as Drunk Drivers

Tapalian Law — Mon, 15 Oct 2018 16:20:33 GMT

There’s more bad news for the chronically sleep deprived. Not only are they perpetually tired but also more at risk for causing a car accident. According to a AAA study, drivers functioning on less than 4 hours of sleep have crash risks similar to those of an intoxicated driver with a blood alcohol content (BAC) of .12. (Rhode Island law defines a BAC of .08 or higher as driving while intoxicated (DWI)). So, an exhausted truck driver who skimped on sleep in order to reach their destination on-time may be just as much of a danger as a drunk driver on the road! The Providence, RI car accident injury lawyers at Tapalian Law know it can be difficult to pinpoint the cause of an auto accident and this is especially true for car crashes caused by a sleep-deprived driver. We do know that truck drivers are particularly vulnerable to driving while tired due to long, and often monotonous, hours on the road. Recall the much publicized 2014 crash that severely injured comedian Tracy Morgan and killed another passenger in his vehicle. The truck driver who hit Morgan’s vehicle had been awake an estimated 28 hours before the collision took place and driver fatigue was cited as one cause of the deadly crash.

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.

Truck Drivers Upset Over New Rhode Island Tolls for Tractor Trailers on I-95

Tapalian Law — Tue, 19 Jun 2018 15:48:35 GMT

Effective Monday, June 11^th, tractor trailer trucks passing through Rhode Island will now be charged a toll when passing through two points on Route 95. The new tolls, located at Exit 2 near the Hopkinton and Richmond border and Exit 5 in Exeter, cost $3.25 and $3.50 respectively. Rhode Islanders may see this as a good way to create funds for fixing the oft-complained about roads, bridges, and highways in the state, especially since Rhode Island has the worst bridges of any state in the nation. But many truck drivers don’t agree and are preparing for

a legal battle. Their argument? Truckers claim that tolling only tractor-trailer trucks is illegal.

Purpose of the New Rhode Island Truck Toll

The new tractor-trailer tolls are part of the Rhodeworks legislation that became law in February 2016 as a way to rebuild Rhode Island’s infrastructure. The purpose of the truck tolls in particular is to collect revenue to rebuild ailing bridges, followed by other transportation projects. Rhode Island ranks 50, last in the nation, in overall condition of its bridges. It is said that 22% of the state’s bridges are structurally deficient. Rhode Island is counting on millions in revenue from the toll- an estimated 7.2 million a year, as estimated by state officials. Within the next year or two, 11 or 12 more toll locations are projected to go up around Rhode Island. Governor Gina Raimondo says the additional revenue, and subsequent investment in infrastructure, will be a positive for the state leading to safer roads as well as employing thousands of construction workers. The original toll project was slated to unfold in March. However, it was delayed to continue further testing of the electronic tolling systems. These steel tower systems use sensors to charge the tractor-trailers, which often have an EZ-Pass. The tolls do not require the trucks to stop or otherwise slow down.

Is it Legal to Toll Only Tractor Trailer Trucks?

Truckers say no. However, Rhode Island legislation says that tractors or truck tractors as defined in 23 C.F.R. 658.5, pulling a trailer or trailers, are able to be tolled, as shown in Rhode Island General Law § 42-13.1-4. Authority to collect tolls on large commercial trucks only. All other vehicles will not be tolled. Rhode Island is one of the only states in the northeast that does not charge fees to large commercial trucks. Rhode Island’s reasoning behind tolling only tractor-trailer trucks is that these are the vehicles that cause the most damage to Rhode Island’s infrastructure. The RIDOT performed various truck damage studies to show that these are the vehicles that are causing most of the damage to roadways that need to be repaired. The repairs are also more costly as the roadways need to be able to bear the weight of heavy tractor trailers. The Rhode Island Trucking Association and the American Trucking Association claim that tolling only trucks is illegal. In addition, the president of the Rhode Island Trucking Association claims that adding the new toll is going to further hurt the economy by increasing the cost of goods and living.

Poor Road Quality Can Cause Accidents & Serious Injury

The poor quality of roads, bridges, and highways across Rhode Island is often joked about – but is serious business. Poor road quality can lead to serious car accidents and property damage caused by potholes and general lack of maintenance. As personal injury lawyers at Tapalian Law, we realize that poor road quality can be a factor in causing auto accidents. As RI auto accident attorneys, we have seen accidents caused by one car veering to avoid a pothole, or other road damage, resulting in hitting another vehicle. Truck accidents can also be very serious and result in severe injuries and fatalities due to the sheer size and weight of tractor trailers. Damages and personal injury often ensue after an auto accident and those affected should not be left to suffer on their own with hospital expenses, medical bills, and auto repair costs. Injuries from a car accident can also result in further costly surgeries down the road. It is important to have an experienced injury lawyer on your side. If you have been hurt in a Rhode Island auto accident or Massachusetts car crash, contact the injury lawyers at Tapalian Law. We have over 15 years of experience helping clients recover damages for their losses. For a free consultation on your injury case, contact injury attorney David Tapalian at 401-552-5000 or with our online form.

Stay Alert: Daylight Savings May Increase Crash Risk Due to Drowsy Driving

Tapalian Law — Fri, 03 Nov 2017 15:31:18 GMT

This coming weekend marks the end of daylight savings time as the clocks fall back. With this change, Rhode Islanders may be driving longer at night leading to an increase in driver fatigue and road hazards resulting in a car accident. According to experts at Virginia Tech Transportation Institute, “any time change can exacerbate drowsiness and your body may need a few days to adjust accordingly”. Virginia Tech estimates that fatigue is the cause of close to 20 percent of automobile crashes. And sadly, this type of crash is preventable. The personal injury attorney’s at Tapalian Law in Providence specialize in helping Rhode Island residents who have been hurt in car accidents, including crashes caused by a drowsy driver.

Tips to Avoid Driver Fatigue

These tips from Virginia Tech expert Jeff Hickman may not only be helpful during the daylight savings time transition but also during the upcoming busy holiday season, another time you may be tempted to drive drowsy.

Avoid driving during rush hour and between 2-4 a.m. Crash risk increases during morning and evening rush hours and between the hours of 2-4 a.m. If a driver is already sleep deprived, 2-4 a.m. is especially dangerous because a person’s circadian rhythm is lowest during this time making them more prone to sleep.
Get a good night’s sleep. To avoid drowsiness, get a full night’s rest prior to a long road trip. If you have not been sleeping well at night, you may need more than a few nights of good rest before a long drive.
Be aware of drowsy driving signs. Signs of fatigued driving may be slow eyelid closure, yawning, swaying of head, fidgeting in the seat, difficulty staying in a traffic lane, maintaining speed, and delayed reactions.

Truck Drivers Especially Prone to Fatigued Driving

Rhode Islanders are busy. Our daily schedules are packed with work, children’s activities, and personal and professional obligations. This often results in driving home at the end of the day exhausted and maybe not paying as much attention to the roads as we should be. Because of long hours driving, truck drivers are particularly vulnerable to driving while tired. It is not uncommon to hear of truck accidents caused by sleep deprived drivers. Notably, driver fatigue was cited as one of the causes of the crash that severely injured comedian Tracy Morgan and killed another comedian in 2014. The truck driver who hit Morgan’s car had been awake for an estimated 28 hours prior to the crash. In a separate accident, a train collided with a truck in California in 2015. The crash was caused by a truck driver who was overly fatigued and had been on duty for nearly 24 hours. The accident killed the train engineer and injured dozens of train passengers.

In an effort to aid in the reduction of sleep deprived truck drivers on the road, the Federal Motor Carrier Safety Administration (FMCSA) has hours of service regulations in place stating maximum number of driving hours and rest breaks. Long stretches of time spent on monotonous highways, often alone, as well as extended time spent in traffic, are all factors that may increase drowsy driving therefore it is important that truckers adhere to protocol to decrease the risk of crashes due to lack of sleep. Most truck drivers are held to these hours of service rules if they operate a commercial motor vehicle (CMV). Depending on the operating schedule of the company and what the trucks are carrying, truckers commonly adhere to a 60 hour over 7 days rule or a 70 hour over 8 days rule. After driving 14 consecutive hours, drivers must take 10 consecutive hours off duty prior to beginning another 14-hour driving shift. During these 14-hour shifts, operators may drive a total of 11 hours. Further regulations apply depending on the type of vehicle, what is on board, and varying circumstances.

Contact a Providence Personal Injury Attorney if You Have Been Hurt in a Car Crash Caused by a Drowsy Driver

Whether during daylight savings time shifts, the busy holiday season, or just our demanding lifestyles, we are all prone to drowsy driving at one time or another. Letting someone else drive, pulling over to take a rest, caffeine, and music are all ways people attempt to avoid driving dangers while overly tired. Unfortunately, not everyone realizes and heeds the warning signs and symptoms of drowsy driving and takes the right steps to avoid being in this type of situation. If you, or someone close to you, have been hurt in an accident caused by a drowsy or fatigued car or truck driver, you may be eligible to seek compensation for your injuries with the assistance of a Providence personal injury attorney. Tapalian Law has helped Rhode Island and Massachusetts residents who have been injured in truck accidents, motorcycle accidents, car accidents, and slip and falls. To book a free consultation with Attorney David Tapalian, contact our Providence office at 401-552-5000 or visit us online.

Rear-End Accidents On Martha’s Vineyard

Tapalian Law — Fri, 10 Feb 2017 00:43:19 GMT

It is easy to see why so many people choose Martha’s Vineyard as a vacation destination — it is a gorgeous place to relax and unwind. Unfortunately, it is also easy to see how a driver could cause a rear-end accident because he or she is distracted by the scenery.

Distracted driving is one of the most common reasons for rear-end accidents. When you add an unfamiliar location where people are busy looking at the sights outside of the car windows or busy trying to read road signs or look for landmarks to help guide them to their final destination to the other common distractions that cause accidents, rear-end accidents can be common. If you are injured in a Martha’s Vineyard accident, call our RI & MA rear-end accident attorneys at 401-552-5000 for a free legal consultation.

Can You Prevent a Rear-End Accident?

Rear-end accidents are not limited to Martha’s Vineyard or other tourist locations. This type of car accident is common throughout the United States. The automobile industry and various government agencies have tried over the years to reduce the number of rear-end crashes by introducing new technology.

As discussed in a Chicago Tribune article, third brake lights (high-mounted brake lamps) were thought to be a low-cost way to reduce rear-end crashes. The Regan administration began requiring third brake lights on vehicles beginning with the 1986 models. The NHTSA estimated that these third lights would significantly reduce the number of crashes each year. Unfortunately, this prediction may not be correct. From 1988 through 2014, rear-end accidents that resulted in a fatality increased from 4.6 percent to 5.2 percent. However, some studies conclude that the third brake light did reduce rear-end collisions.

New Crash Avoidance Technology

Some vehicles today are equipped with new technology designed to prevent rear-end crashes. While it is unclear if the new technology will produce the results that everyone hoped for with the third brake light, the new crash avoidance technology does appear to prevent some rear-end accidents.

Automatic emergency braking (AEB) systems are one example of the crash avoidance systems that may be included in the standard packages for all new vehicles. AEB systems detect an impending frontal crash and warn the driver to take evasive action. If the driver does not respond, the AEB system may automatically engage the brakes to avoid a crash. There are several other crash avoidance systems that are on the market today that may help reduce the risk of a rear-end collision.

Injuries from A Rear-End Crash

Whiplash and back injuries are common in these types of collisions. The injuries from a rear-end crash can be severe even in a low-speed accident. Accident victims can suffer traumatic injuries that result in hundreds of thousands of dollars in medical bills, lost wages, and other damages. Our RI & MA rear-end accident attorneys understand how to investigate these types of accidents and pursue compensation for damages.

Call a RI & MA Car Accident Attorney Now for a Free Appointment

If you have been injured in a Martha’s Vineyard rear-end accident, please contact Tapalian Law by calling 401-552-5000 or use our online contact form. Our RI & MA rear-end accident attorneys represent clients in Martha’s Vineyard and throughout Rhode Island and Massachusetts. We offer free consultations and case evaluations. Get the answers to your car accident questions from a trusted source!

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Source: “Third brake light: Have rear-end crashes lessened 30 years after mandate?” by Mary Chapman, Chicago Tribune, August 31, 2016

Why Do I Need Underinsured Motorist Insurance In Massachusetts And Rhode Island?

Tapalian Law — Fri, 03 Feb 2017 00:58:42 GMT

Thousands of people are injured in motor vehicle accidents throughout Massachusetts and Rhode Island each year. Massachusetts and Rhode Island require drivers to carry liability insurance to protect others in the event the driver causes a motor vehicle accident. Liability insurance pays damages to victims of a car accident when a driver is responsible for the crash.

Just like all other states, Rhode Island and Massachusetts set minimum insurance requirements for all drivers.

In Rhode Island, drivers must purchase the following insurance coverage:

Bodily injury coverage in the amount of $25,000 for one injury or death
Bodily injury coverage in the amount of $50,000 for injury or death to two or more persons
Property damage coverage in the amount of $25,000 per accident

You may choose to purchase a higher amount of liability insurance coverage. You may also choose to purchase uninsured and underinsured motorist insurance; however, you are free to decline these types of automobile insurance.

The minimum insurance requirements for Massachusetts are slightly different. A driver must maintain:

Bodily injury insurance coverage in the amount of $20,000 for one person and $40,000 for two or more people
Personal Injury Protection (PIP) in the amount of $8,000 per person
Uninsured Motorist Insurance in the amount of $20,000 for one person and $40,000 for two or more people
Property damage coverage in the amount of $5,000 per accident

Under Massachusetts law, you are not required to carry underinsured motorist insurance.

What Is Underinsured Motorist Insurance?

In both Rhode Island and Massachusetts, purchasing underinsured motorist insurance is at the discretion of each person. Many people do not opt to purchase underinsured motorist insurance; however, we believe it is in your best interest to consider this type of automobile insurance coverage.

Underinsured motorist insurance protects you in the event you are injured in an accident caused by another driver and that driver’s insurance coverage is not sufficient to pay your damages. In other words, if your damages exceed the at-fault driver’s insurance coverage, your underinsured motorist insurance should pay the difference up to your policy limits.

As you can see from the above limits, the minimum insurance requirements are not very high. If you suffer a traumatic brain injury, spinal cord injury, or another severe injury, your damages can quickly exceed the state’s minimum coverage amount. You could be stuck with thousands of dollars in unpaid damages. However, purchasing an underinsured motorist insurance policy can prevent this from happening.

For example, a person suffers a back injury in a Massachusetts car accident that requires surgery and months of physical therapy. The victim is out of work for months as he struggles to recover from the injuries. His medical bills and lost wages quickly add up to over $100,000, but the driver who caused the accident carries minimum insurance coverage. The driver has no assets to pay the remaining damages after his insurance company pays $20,000 to the driver. Therefore, the accident victim files a claim against his underinsured motorist insurance policy for the remaining damages. The insurance company should pay damages up to the policy limits.

Do I Need an Attorney to File an Underinsured Motorist Insurance Claim?

As with any insurance claim, it is always in your best interest to consult with an experienced personal injury attorney. This is the case whether you are dealing with another driver insurance company or your insurance provider. An underinsured claim can be complicated. It helps to have the advice and support of an experienced personal injury attorney.

Call Tapalian Law at 401-552-5000 or use our online contact form to schedule a free consultation and no-obligation case analysis with one of our Rhode Island car accident attorneys. Learn about your legal options to recover damages from a motor vehicle accident from an experienced attorney at no charge. Call now for your free appointment.

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What Happens If My Car is ‘Totaled’ in a Car Accident?

Tapalian Law — Tue, 31 Jan 2017 16:45:07 GMT

You’ve been in a serious car wreck. Your car is severely damaged, maybe totaled. Will your insurance company total it? Maybe you don’t mind if they do- your car was an old hand me down you used for commuting to and from work. Or wait- maybe you do mind. This was the car of your dreams you saved up so long for. After searching for months, you finally found it in the perfect color. This is your dream car and you want it back! Unfortunately, that’s not necessarily your decision to make. After a car accident, your insurance company will decide whether your vehicle is a “total loss” or worth repairing.

How “Total Loss” Is Determined in Rhode Island

Laws vary from state to state as to when a vehicle is considered a “total loss” after an accident. They also may vary between insurance companies. Rhode Island typically considers a vehicle a “total loss” when the cost to repair the vehicle is more than 75% of the actual cash value (ACV) of the vehicle.

Total Loss Ratio (TLR) = Cost of Repairs/Actual Cash Value

For example: The fair market value of your vehicle prior to the accident is $5,000. The cost of repairs is $3,900. Total Loss Ratio $3,900/$5,000 = 78%. So, it is highly likely your car will be a total loss based on Rhode Island standards. In some cases, even if the vehicle is not considered a total loss based on the TLR, the car may still not be repaired and instead totaled. This may be the case in older model vehicles that are not worth repairing or may be based on other factors used by the insurance company.

Insurance Company Will Take the Least Expensive Way Out

Your insurance company doesn’t care about sentimental feelings when it comes to your vehicle. It doesn’t matter to them that this was the first car you bought with your own money or that the car was passed on to you from a beloved parent. The insurance company will appraise the vehicle and decide if it is cheaper to repair it or pay out a claim to the insured for the value of the vehicle prior to the accident.more

What Happens After My Car is Considered Totaled?

Once its determined by the insurance company that your car is a total loss, the insurance company generally takes ownership of the damaged vehicle, called “salvage”. They may obtain a “salvage certificate” after paying you (the insured) the pre-car accident value of the vehicle. The insurance company will then forward license plates and certificate of ownership to the Department of Motor Vehicles who will issue the Salvage Certificate. Sometimes the insurance company will decide to repair the vehicle, re-register it, and classify it as a “salvaged vehicle”.

Most likely you will need to shop for a new car and this will take some time. Or even if your car is being repaired by a body shop, which will also take time, you will need transportation while its getting fixed. Check with your insurance company, you may be eligible for a rental car, sometimes up to 30 days depending on your insurance policy. It is also your legal right to decide which body shop repairs your car. You are not required to use a body shop only because it is recommended by your insurance company.

Right of Recourse in Rhode Island

If, after the insurance company offers a claim amount to you- the insured, you find you can’t purchase a comparable vehicle for fair market value, Rhode Island offers a Right of Recourse. In summary, Right of Recourse states if the insurer is notified of this fact within 35 days, the insurer shall reopen your claim file and follow specific procedures outlined in the Right of Recourse.

What if I Want to Keep My Vehicle After the Car Accident?

If the insurance company decided the car is not worth repairing and is considered a total loss, some will allow the owner to take back the “totaled” vehicle if they wish. The insurance company will deduct the value of the salvage and any deductibles from the claim payment. Keep in mind, the owner will need to take care of repairing the damage and the vehicle may still be classified as a “salvaged vehicle”, making it more difficult to insure and sell down the road.

“Total Loss” claims can be frustrating and a lot of work. If you have been in a car accident in Rhode Island and you feel your insurance company is not compensating you adequately for the fair market value of your vehicle, call for a free legal consultation. You need a Car Accident Lawyer in Rhode Island to determine if the insurance companies are treating you fairly. At Tapalian Law, we deal with car accident cases daily and will make sure you are compensated fairly for your losses. Call Attorney David Tapalian at 401-552-5000 or visit us online.

Can These Safety Technologies On New Vehicles Save Your Life?

Tapalian Law — Sat, 14 Jan 2017 00:38:51 GMT

In the past, vehicles were designed to provide safety to passengers in a collision. Airbags and seat belts are examples of safety features car designers added to vehicles to help reduce the risk of serious injury and death. Today’s manufacturers and engineers are focused on preventing accidents in addition to reducing the risk of injury in an accident. Some of the latest advances in the automotive manufacturing field help save lives by providing alerts to the driver before an accident occurs. Below are four of the latest technologies you can find on new vehicle models that are focused on preventing collisions.

1. Adaptive Headlights

Headlights have changed over the years to improve visibility. The latest trend is a design that changes directions to increase lighting around hills and curves. Adaptive headlights also adjust the intensity of light when the vehicle is in traffic to reduce glare for the driver. The benefit for drivers is that they can see road hazards sooner and be alerted to pedestrians after night.

2. Lane Departure Warning Systems

When drivers are distracted, drowsy, or fatigued, they tend to allow the vehicle to drift into another lane. Lane departure warning systems alert the driver by sounding an alarm or causing a vibration in the seat when the car approaches another lane. This system can help prevent head-on collisions with oncoming traffic or collisions with vehicles approaching from the rear.

3. Lane Departure Prevention Systems

Going beyond sounding an alert when a driver drifts into another lane, a lane departure prevention system actually takes over the direction of the car to center the vehicle back into its own lane. This prevents the car from side-swiping another vehicle or being involved in a head-on collision. An advanced camera locates the lane markings and activates the brakes on the vehicle as it steers the vehicle back where it needs to be.

4. Forward Collision Systems

The focus of this system is to prevent collisions with a vehicle in front of it. Sensors detect another vehicle or another obstacle and send a visual and/or audible alert to the driver. The newest systems can take control the vehicle to engage the brakes and slow the vehicle down to prevent a rear-end collision. More vehicle manufacturers are making this system standard in new vehicles. According to the Insurance Institute for Highway Safety (IIHS), it is expected that this technology reduces claims up to 35 percent.

While advanced technology cannot completely make up for driver error or negligence, the new systems can help reduce the risk of a collision. Manufacturers continue to develop these and other systems to eliminate common causes of accidents.

Call Our Massachusetts Car Accident Attorneys for More Information

If you have been injured in a motor vehicle accident, your first priority is your health. After you have received medical attention, you need to take steps to protect your legal right to receive compensation for your injuries, losses, and damages. Our Massachusetts car accident attorneys guide you through the process of filing an accident claim while working to protect your right to receive full compensation from the responsible party.

Contact Tapalian Law by telephone at 401-552-5000 or by using our contact form on our website. Our Massachusetts car accident attorneys represent clients throughout Rhode Island and Massachusetts. It is our desire to make the process as easy and convenient for you as possible. Call our office to schedule a free consultation and case evaluation. If you cannot come to our office, we will make other arrangements to provide you with advice regarding your legal options.

A 2017 New Year’s Resolution For Safe Driving

Tapalian Law — Wed, 04 Jan 2017 00:29:07 GMT

People make all kinds of New Year’s resolutions from losing weight to improving their finances. Even though almost half of Americans admit they make New Year’s resolutions, only about eight percent of those individuals will keep their resolutions and reach their goals.

One resolution that every driver should make and keep is to become a safe driver in 2017. There are far too many motor vehicle accidents each year in the United States. Thousands of people are killed and injured each month throughout the country. If every driver would resolve to break bad driving habits, we could reduce the number of tragic car accidents. Below are several New Year’s resolutions that can help you become a safer driver in 2017.

I Resolve to Wear My Seat Belt – Wearing a seat belt reduces your risk of severe injury in a car accident. Always buckle up and ensure children ride in car seats or booster seats appropriate for their age, height, and weight.
I Resolve to Wear a Helmet – If you ride a bicycle or motorcycle, wearing a helmet reduces your risk of head injuries and traumatic brain injury (TBI) in a crash. Always put on a helmet and other protective gear before riding.
I Resolve to Slow Down – Speed is a factor in many accidents. Furthermore, your risk of severe injury in a motor vehicle accident increases with your rate of speed. Resolve to obey speed limits and reduce speed in poor driving conditions.
I Resolve to Never Drive Under the Influence – Driving under the influence of alcohol or drugs is illegal. Drunk drivers injure and kill thousands of people each year. If you choose to drink, designate a sober driver or use public transportation. Read the side effects of all medications you take and avoid driving when taking a medication that impairs your ability to operate a motor vehicle safely.
I Resolve to Get More Sleep – Adults who get six hours or less sleep each night are at a much greater risk of causing a car accident compared to adults who sleep seven to eight hours each night. Getting more sleep will improve your health and keep you safe behind the wheel of a vehicle.
I Resolve to Reduce Distractions –Distracted driving is one of the leading causes of motor vehicle accidents. Put down the phone and avoid other distractions such as eating, grooming, reading, and adjusting controls while driving. Looking away from the road for even a few seconds may result in a tragic car accident.

Happy New Year from Your Rhode Island Personal Injury Law Firm

We wish everyone a safe and Happy New Year in 2017. However, if you are injured because of another person’s negligence, carelessness, or recklessness, we want to help. You may be entitled to receive compensation for your injuries.

Don’t wait too long to contact an attorney. Your time to file an injury claim is limited by Rhode Island laws! Call now to schedule a free consultation with a Rhode Island personal injury attorney.

Contact Tapalian Law by calling 401-552-5000 or use our online contact form. Our law firm represents clients in Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

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Can I Sue Another Person For My Workplace Injury?

Tapalian Law — Wed, 28 Dec 2016 00:26:18 GMT

If you are injured on the job in Massachusetts, your injury is probably covered by workers’ compensation. Under Massachusetts workers’ compensation laws, an injured employee who requires medical treatment or is out of work for more than six days receives compensation for his medical expenses and lost income. However, workers’ compensation benefits are limited. You do not receive compensation for all lost wages. You also cannot receive compensation for damages such as physical pain and emotional suffering.

However, in a personal injury lawsuit, you may be entitled to recover 100 percent of your losses and damages. Unfortunately, most employees who suffer a work-related injury are unable to sue their employer. Workers’ compensation laws protect workers by providing medical care and other benefits for a workplace injury. These same laws also protect employers from personal injury lawsuits by injured workers. The exception to this general rule is in the case of third party negligence.

Suing A Third Party for A Work-Related Injury

In some cases, a third party caused the accident that resulted in your injury. Negligent parties who are not your employer can be liable if they cause an injury, even if the person is at work when the injury occurs. If this is the case, filing a third-party claim against the at-fault party may provide more compensation than a claim filed under workers’ compensation.

For example, if your job requires you to drive a vehicle and another driver causes a car accident, you may have a third-party negligence claim against that driver. By filing a lawsuit against the driver, you may receive full compensation for all damages, including pain and suffering.

Other examples of third-party negligence claims for on-the-job injuries include:

Product Liability Claims — Injuries that result from a defective product. The third-party negligence claim is against the designer, manufacturer, distributor, or another party responsible for the defect that caused the employee’s injury.
Premises Liability Claims — A premises liability claim, also known as a “slip and fall” accident, that occurs on property not owned by the employer can result in a third-party claim. For example, you are delivering items to a client, and you fall on a broken step. Your claim is against the property owner, tenant, or another party responsible for the premises.
Other Third-Party Claims – Many situations may result in a third-party claim. For example, if you work on a construction site with several sub-contracts and one of those sub-contractors cause the accident that results in your injury, you may have a claim against that person or company.

Contact A Massachusetts Workers’ Compensation Attorney

If you suffer a workplace injury, you need to understand your legal rights regarding compensation. Third-party claims are complex. You need a workers’ comp lawyer who understands both Massachusetts personal injury laws and Massachusetts workers’ compensation laws. Your attorney must understand how these two areas of law relate to your accident.

The attorneys of Tapalian Law have extensive experience handling both workers’ compensation claims and personal injury claims. Call our office at 401-552-5000 or use our online contact form to request a free consultation with a Massachusetts workers’ compensation attorney. We understand it may be difficult for you to come to our office when you are recovering from a workplace injury. Let our staff know if you need special accommodations when scheduling your free appointment with an attorney.

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Preventing Underage Drinking During The Holidays

Tapalian Law — Mon, 12 Dec 2016 05:00:00 GMT

How serious is underage drinking during the holidays? According to information from the Substance Abuse And Mental Health Services Administration (SAMHSA), more than 11,000 young people between the ages of 12 and 17 years will try alcohol for the first time on any given day during December. With approximately 400 young people under the age of 21 years dying each month from alcohol-related causes, underage drinking is an extremely serious problem during the holidays and throughout the entire year.

As an experienced Massachusetts DUI accident attorney, I see the devastation caused by drinking and driving for victims and their families. This holiday season, take steps to prevent drinking and driving by protecting your teen driver from underage drinking.

Talk to Your Teenager About Underage Drinking

Talking to your teen driver is the first step you can take to protect your teenager from the dangers of drunk driving. Underage drinking is not a subject your teen wants to discuss; however, it is a subject that you must discuss. Tips for talking to your child about underage drinking include:

Before you being, do your research. Collect facts about teen drinking and how drinking alcohol affects You can find information about underage drinking and how alcohol affects a developing brain from SAMHSA.
Choose the right time to discuss underage drinking with your teen. Find a news article about a DUI accident involving a teen driver to jump start a conversation. When you do discuss underage drinking, choose a time when there are no distractions so that you and your teen can focus solely on your conversation.
Listen to your teen. You need to give your teen information; however, you also need to listen to your teenager. Ask your teenager how he or she would handle a situation of peer pressure or if he or she has encountered peer pressure to drink alcohol. Discuss having a safe word your teen can text if he or she feels uncomfortable and needs your help.
Make your expectations absolutely clear — your teen should not consume alcoholic beverages until he or she is of legal age.
Discuss underage drinking laws and the penalties for a conviction, especially about future college plans, job opportunities, playing sports, driving, and other negative consequences of an underage drinking conviction and/or DUI conviction.

If you have questions or concerns about discussing underage drinking with your child, consult with your child’s teacher, guidance counselor, spiritual advisor, or family physician. For more information, visit the Parent Resources page of the SAMHSA. You can also get more information about underage drinking from the National Institute on Alcohol Abuse and Alcoholism.

Do You Need a Massachusetts DUI Accident Attorney?

We hope that you have a safe and enjoyable holiday season; however, for some, a drunk driver will steal your joy. If a drunk or impaired driver injures you, you do not have to face the situation alone. Our Massachusetts DUI accident attorneys have experience handling these types of accident claims. Allow our team to take care of your injury claim while you focus on your health and your recovery.

Contact Tapalian Law by calling 401-552-5000 or use our online contact form to schedule a free consultation with a Massachusetts DUI accident attorney. We are available 24/7 for your convenience. If you cannot come to us, we will come to you!

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Watch Out For Fatigued Driving This Holiday Season!

Tapalian Law — Wed, 07 Dec 2016 05:00:00 GMT

Are you busy decorating your home for the holidays? Does it seem you are always on the road running errands or shopping? Do you feel as if you are simply dragging because you are exhausted? If so, you could be at risk for a fatigued driving accident this holiday season.

If you are involved in a car accident, remember the Martha’s Vineyard car accident attorneys are always here to answer questions and help protect your best interests. Call 401-552-5000 or use our online contact form to speak with an attorney.

Fatigued Driving Is Dangerous

Driving when you are tired, drowsy, or fatigued can be just as dangerous as driving after consuming alcohol. Thousands of people are injured each year in fatigued driving accidents. Fatigued driving results in billions of dollars in damages and losses each year. When you are tired, your reaction time and judgment are impaired. Furthermore, when you are fatigued, you are not as alert. Therefore, you may not be able to avoid a car accident because you are not paying as much attention to the road as you would if you were well-rested.

Tips To Avoid Fatigued Driving This Holiday Season

You cannot control what other drivers do when they get behind the wheel, but you can control what you do as a driver. One way to protect yourself and your family on the road this holiday season is to avoid sleepy and fatigued driving. In addition to reducing your risk of causing a fatigued driving accident, you also increase your chance of detecting a fatigued or distracted driver in time to avoid a collision.

As you go through the holiday season, keep these driving tips in mind:

Share the driving responsibilities with another adult, especially on long road trips. If you are going home to visit family and friends, plan your trip route and driving times with the other adults in the car to reduce fatigued driving.
Get plenty of rest — this helps keep you healthy during the hectic holiday season and helps you avoid fatigued driving. If you are heading out on a road trip, get a full night’s sleep before leaving.
If you are driving at night, take an after nap before leaving out on your trip.
Avoid consuming alcohol and eating a heavy meal before driving. Some foods and heavy meals can make you sleepy.
Remember that you cannot control when you fall asleep once your body gets to a certain point. Rolling down the window, turning up the radio, adjusting the air conditioner, or drinking/eating will not “wake you up” sufficiently to drive.
Take frequent breaks on long trips to stretch, rest your eyes, and get a snack. It will help ward off fatigue.
Avoid listening to books on tape or soothing music that may lull you to sleep.

For more information on drowsy and fatigued driving, see the information provided by the National Highway Traffic Safety Administration (NHTSA).

Contact A Martha’s Vineyard Car Accident Attorney For Help

We hope that this holiday season is a safe and enjoyable time for you and your family. However, if you are injured by a fatigued, distracted, reckless driver, or drunk driver, our Martha’s Vineyard car accident attorneys can help. Don’t let the insurance adjuster for the other driver convince you that you don’t need an experienced Martha’s Vineyard car accident attorney on your side to protect your legal rights. The insurance adjuster does NOT have your best interest as his top priority. His priority is to limit the amount the company must pay to settle your car accident claim.

Contact Tapalian Law by telephone at 401-552-5000 or use our online contact form to request a free legal consultation and free case evaluation with a Martha’s Vineyard car accident attorney. Our law firm represents clients in Rhode Island and Massachusetts.

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What Happens When There Is Road Debris In Your Way?

Tapalian Law — Thu, 01 Dec 2016 00:30:47 GMT

As a driver, you face many hazards on the roads. From other drivers and traffic congestion to weather and road debris, road conditions can quickly cause a motor vehicle accident. When road debris causes a collision with injury and damages, who is responsible for the compensating the accident victims?

Actions You Take When Encountering Road Debris

First, we need to look at how the crash occurred. When you encounter road debris, it is easy to panic. Your first reaction may be to jerk the steering wheel as you swerve to miss the debris. There are actually a few actions you can take when you encounter debris on the road.

No Action at All – In some cases, you cannot take any action at all. Some road debris falls off other vehicles or objects and hits your vehicle. This sudden impact can cause you to lose control of your vehicle. Falling debris on roadways can also result in a crash, depending on the size and weight of the debris.
Hitting the Debris – You may not be able to avoid hitting the road debris no matter what you do. If your reaction time is too slow or you are distracted, a collision may be unavoidable. Hitting road debris can result in serious damage to your car and yourself.
Swerving to Avoid Road Debris – In some cases, you may be able to swerve to miss the road debris. Unfortunately, this is not always the case. Many drivers collide with oncoming traffic or other objects when they attempt to swerve to avoid colliding with road debris.
Brakes – The fourth action you can take is to brake suddenly to avoid hitting the debris. Braking is usually the first instinct when you encounter road debris. Many times, braking does not cause a traffic accident, and braking allows you to miss the road debris. However, braking suddenly can result in a rear-end crash or other collision.

Regardless of how you react to road debris, you should not be held liable for damages if the collision is not your fault. However, determining fault and holding the liable party responsible can be difficult in a road debris accident.

Fault in Road Debris Accidents

In some road debris accidents, fault is clear and easy to prove. For example, if you wreck because a piece of furniture falls off a truck and collides with your vehicle, the owner, driver, or other party is likely responsible for your damages. Likewise, if a mattress falls off a truck and causes a wreck, the owner, driver, or another party is probably liable for the payment of your damages.

However, potholes and other damage to roads that cause accidents may result in claims that are more difficult to prove. These types of road debris accidents often involve government entities. You must treat accidents involving government entities carefully. If you fail to provide notice to the government entity, you may lose your right to file a claim. Therefore, you need a Rhode Island road debris accident attorney who understands the process and how to handle a road debris accident claim.

Call Our Rhode Island Car Accident Attorney for Help

If you have been injured in an accident involving road debris, do not assume the accident is your fault. Consult with our Rhode Island injury attorney before you decide how to proceed with an accident claim.

Contact Tapalian Law by telephone at 401-552-5000 or use our online contact form to schedule a free legal consultation with our Rhode Island car accident attorney.

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What Are Considered Catastrophic Injuries In A Massachusetts Motor Vehicle Accident?

Tapalian Law — Sat, 26 Nov 2016 05:00:00 GMT

A catastrophic injury can happen in any motor vehicle accident, but they are especially common in truck accidents. The difference in size and weight between a commercial truck and a passenger vehicle leaves the occupants of the passenger vehicle at a very high risk for catastrophic injuries. Sadly, catastrophic injuries have devastating consequences that impact a person’s life forever. As an experienced Massachusetts truck accident attorney, I have seen this in many commercial truck accident cases.

Categorizing Catastrophic Injuries

Not every severe injury is categorized as catastrophic. Catastrophic injuries are usually defined as injuries that impact a person’s quality of life. In most cases, a catastrophic injury has a permanent impact and the conditions associated with this type of injury are irreversible. Catastrophic injuries can also be fatal.

Examples of injuries that would fit in this category include:

Traumatic brain injuries
Burn injuries
Spinal cord injuries
Amputation of extremities
Birth injuries
Paralysis
Damage to internal organs
Vision loss
Hearing loss

The Challenges Of Catastrophic Injuries

Obviously, the trauma of the injury is the first challenge a patient must deal with after an accident. After the immediate concern has passed, the injured person and his or her family must deal with the need for ongoing treatment. For some injuries, multiple surgeries may be required. For others, it may mean months or years of physical therapy. In extreme cases, the person may require personal care because he or she is no longer able to perform the tasks required to take care of personal needs.

An additional issue is the emotional toll catastrophic injuries take on the person as he or she adjusts to the disability or medical condition. The person may no longer be able to work or must find another job where that allows for limited abilities. The inability to work often leads to financial problems as medical bills mount and the loss of income continues.

For victims of catastrophic injuries, their lives are no longer the same. They must learn how to rebuild their lives with a new sense of normalcy. Contributing to the challenges is the need to deal with the insurance company for the other party to fight for compensation for damages, losses, and injuries.

Legal Representation For Catastrophic Injury

It’s important to seek assistance from a Massachusetts truck accident attorney as soon as possible after you suffer a catastrophic injury. As you deal with the ramifications of your injury or a family member’s injury, you don’t want to handle the legal details of an accident claim in addition to the physical and emotional stress of the injury. However, you want to be sure you receive the compensation you deserve.

An experienced Massachusetts truck accident attorney can review your case and determine how much compensation you are entitled to receive for your accident claim. Your attorney can talk to medical experts about your prognosis and the need for ongoing treatment. Determining your future medical expenses, lost wages, and degree of permanent disability is crucial to calculating the correct value of your injury claim.

The sooner you retain an attorney, the sooner your attorney can begin to gather evidence and build your case. Having an attorney by your side from the beginning is good for your case but also good for you. Our Massachusetts truck accident attorney can provide the support, guidance, and advice you need as you work to put your life back together after suffering a catastrophic injury.

Call Our Office Now For A Free Consultation

Don’t try to get through this situation on your own. Contact Tapalian Law by telephone at 401-552-5000 or use our online contact form. We represent clients throughout Rhode Island and Massachusetts. Our attorneys come to you if you cannot come to us. It does not cost you anything to get the advice of an experienced and skilled Massachusetts truck accident attorney. Before you make any decisions, get the facts and a free case evaluation.

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Hanson Man Killed In Lakeville Motorcycle Accident

Tapalian Law — Fri, 04 Nov 2016 04:00:00 GMT

According to a story reported by Wicked Local, a motorcyclist was killed, and three other people were transported to Rhode Island Hospital after a crash in Lakeville. The crash, which is still under investigation, involved two motorcycles and a 2007 Toyota Highlander SUV. The state police are reconstructing the Lakeville motorcycle accident in an attempt to determine what caused the tragic traffic accident.

The motorcycle accident occurred on Route 18 near Tamarack Park around 10 a.m. on October 21. The man who died was driving one of the motorcycles. His passenger and the other motorcyclist were transported to the hospital along with the driver of the SUV.

Motorcycling In Rhode Island and Massachusetts

Motorcycling is popular in New England any time of the year. However, as the leaves begin to turn, many motorcycle enthusiasts begin spending more of their free time enjoying the open road. Both Rhode Island and Massachusetts have excellent motorcycle routes that provide riders with beautiful landscapes and interesting locales.

In addition to having some of the best motorcycle routes in the United States, we also have numerous motorcycle events. From rallies to charity and fun rides, motorcyclists can find some reason to be on the road every weekend throughout the fall, as if a motorcyclist needs a reason to be on the road.

Fall Riding Tips

Every motorcyclist knows he or she must be cautious when riding because other drivers do not pay enough attention to motorcycles on the road. Most motorcycle accidents happen because another driver is distracted or fails to yield the right of way to a motorcyclist. Therefore, motorcyclists must pay close attention to the road when riding to avoid a motorcycle accident.

However, as the temperatures fall, motorcyclists should take additional steps to protect themselves when enjoying an autumn motorcycle ride.

Watch Out For Falling Leaves

Orange, yellow, and red leaves are beautiful this time of year. However, when the leaves fall onto the road, they can create a hazardous situation for motorcyclists. Wet leaves on roads can cause roads to become slick and difficult to navigate. Even at slow speeds, a motorcyclist can lose control on wet leaves. Do not assume that dry leaves are not dangerous. Dry leaves can conceal potholes and other road hazards. Avoid running through piles of dry leaves. If you must drive through dry leaves, slow down and approach with caution.

Cooler Nights

Many people love the colder nights that Autumn brings, but riders must remember that Autumn weather can be unpredictable. Mornings can be very cold, but once the sun comes up, afternoons can be quite warm. Likewise, if you are beginning your ride in the afternoon, be aware that once the sun goes down, temperatures can fall quickly. When riding during the fall season, dressing in layers is recommended. Take extra clothing and rain gear to ensure you stay warm if the temperatures fall or if you find yourself stranded with mechanical problems.

Watch Out For Deer And Other Animals

Deer and other animals can be much more active during the fall season as they search for additional food sources and hunters push animals toward the road as they pursue them through the woods. As you enjoy the beautiful fall foliage, constantly scan the sides of the road, especially in rural area, and be ready to take evasive action if an animal shoots out of the forest to run across the road.

Frost And Ice

As the leaves continue to fall, morning frost becomes a not so gentle reminder that winter is on its way. Motorcyclists must be cautious when riding in the early morning because of frost and ice on roads. Remember that shaded areas, bridges, and overpasses tend to have frost and ice when other areas do not.

Autumn is one of the best times to enjoy being out on the road on your motorcycle. In addition to the hazards nature throws at motorcyclist, traffic becomes heavier as we begin to enter the holiday season. As you enjoy riding during this time of year, beware of other drivers who may not be looking for you. If you are injured in a motorcycle accident, take care of your health first and then contact a motorcycle accident attorney to protect your right to recover compensation from the driver who caused the collision.

Call A Rhode Island Motorcycle Accident Attorney

Don’t assume the insurance company for the other driver acts fairly when dealing with an injured motorcyclist. Unfortunately, motorcyclists have an unfair and unfounded reputation as being reckless. Insurance companies use this misconception to deny or devalue motorcycle accident claims.

Contact the motorcycle accident attorneys at Tapalian Law by calling 401-552-5000 for a free legal consultation and free case evaluation. You may also use our online contact form to ask a question or contact our office. Our law firm represents clients throughout Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

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Things NOT To Do After A Rhode Island Car Accident

Tapalian Law — Fri, 28 Oct 2016 04:00:00 GMT

You read a lot about what you should do after a car accident. While this is very good information to have, you also should know what NOT to do after a car accident.

Protecting Yourself After A Car Accident

Some of the things you do after a car accident can impair your ability to recover full compensation for your injuries, damages, and losses. Avoid the following missteps to protect your right to a fair and full settlement for your accident claim.

1. Failing to Stop

Failing to stop at the scene of a car accident is against the law in Rhode Island, regardless of the severity of the collision. Always remain at the accident scene until the police arrive.

2. Failing to Call 911

Regardless of how minor an accident may be or whether anyone is injured, you should always call the police to report the collision. In some cases, you may need a police report to file a claim with your insurance company. Furthermore, a police report can provide valuable information, in addition to documenting the accident.

3. Apologizing

Saying “I’m sorry” is a huge mistake. You do not want to say anything that may be interpreted as an admission of guilt. By saying you are sorry, you may mean that you are sorry the accident happened; however, the insurance company could argue that you were admitting guilt. Avoid admitting guilt after a car accident. You do not want to give the insurance company for the other driver any reason to claim that you are at fault or even partially at fault.

4. Confronting the Other Driver

Do not lose your cool after a car accident. Keeping calm may be very difficult if the other driver is clearly at fault, your vehicle is severely damaged, or your child is injured. It is dangerous to allow your temper to explode in this situation. For one, you have no idea what the other driver could do if confronted. Try to remain calm and focus on securing the accident scene and assisting your passengers.

5. Failing to Document the Accident Scene

If possible, take pictures of the vehicles and the accident scene. Do not risk your safety by standing too close to traffic or venturing into the road. Ask for the names and addresses of any eyewitnesses, in addition to obtaining information from the other driver (i.e. name, address, insurance information, etc.).

6. Failing to Seek Medical Assistance

You may not believe your injuries are serious; however, you could have a closed head injury or whiplash. The symptoms of some injuries may not be apparent for several hours or days after a car accident. To protect your health, see a doctor as soon as possible after a car accident. Furthermore, delaying medical care could damage your accident claim. The insurance company may argue that your injuries are not as severe as you claim or your injuries are the result of another accident that occurred after the collision in question.

7. Failing to Make Notes

Memories fade over time. It is important that you make notes about the car accident as soon as possible while the details are fresh on your mind. Include what you remember before, during, and after the car accident. Write down details of conversations you had or you heard at the accident scene. As your case proceeds, keep notes about your recovery, including your pain level and how the injuries impact your daily life. Also, keep notes about each conversation you have regarding the collision and your injuries.

8. Provide a Statement

You are not under a legal obligation to provide a written or recorded statement to the insurance company for the other driver. The insurance adjuster may encourage you to provide a statement — he may even tell you that he cannot process the claim without your statement. Providing a statement without consulting with an attorney is not in your best interest. It could hurt your injury claim.

9. Fail to Keep a File

After a car accident, you need a file to keep all documents you receive in one place. Keep copies of everything related to the car accident, including invoices, medical records, receipts, repair bills, and documents from the insurance company.

10. Failing to Consult With a Rhode Island Accident Attorney

Consulting an experienced Rhode Island car accident attorney is always in your best interest. Proceeding on your own may result in you receiving less compensation than your case is worth. The insurance company for the other driver has a team of adjusters, investigators, and attorneys ensuring that the company’s best interests are protected. You deserve some working on your behalf that will put your best interest first and protect your legal right to receive compensation for your injuries.

Our attorneys represent clients in Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

Contact a Rhode Island car accident attorney as soon as possible after a wreck. Call Tapalian Law at 401-552-5000 or use our online contact form to schedule a free legal consultation with a car accident attorney.

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Be Careful What You Post On Social Media – How Social Sharing Impacts Your Rhode Island Accident Claim

Tapalian Law — Fri, 21 Oct 2016 04:00:00 GMT

Thanks to sites like Facebook, Instagram, and Twitter, people can share the details of their lives with friends and family every second of the day. People post everything from what they are eating for breakfast and where they are eating dinner to how irritated they are standing in line at the grocery store and how long they have sat in the doctor’s office waiting to see the doctor.

Therefore, it’s common to tell others about a car accident you were in or other accident that caused you to be injured. Social media makes it easy and convenient to update all of your friends and family with one post. Posting on social media is much easier than making numerous telephone calls or sending a text to each person. However, sharing information on social media can damage your accident claim, especially if you have a public profile. Don’t be fooled; social media posts can damage your personal injury claim even if your profiles are private.

Nothing you post on the internet is completely private, regardless of your security settings. The attorney for the other party will be monitoring your activity online. He may also request a subpoena from the court to compel you to turn over the information from your social media accounts.

The precedents set by previous cases allow insurance companies and defendants in personal injury cases to use your social media posts against you. Not only can they review your social networks and posts as part of the discovery process in a lawsuit, but the information can also be used as evidence in court. What you say online can damage your case. It can limit the amount of compensation you may receive for an accident claim.

Even if you tell the truth on your social networks, the information you post may be construed differently from what you meant. What you say and post may be manipulated to favor the insurance company. Therefore, it’s important to think before you speak or post. For example, posting that you were in a hurry to get to the school to pick up your children when the crash happened may be construed to mean that you were speeding even though you were doing the speed limit.

Posting Photographs

There are several ways what you share on social media can hurt your case. For instance, photos you post online can be misunderstood. Perhaps you show a photo of you going to a party. The other side could use the photo as an example that you feel better than you claim. The photo could be used against you even if you only attended because it was your parent’s 50^th anniversary party that had been planned for over a year and you were in severe pain the entire time you were at the party.

Misunderstood Statements

If you share too much information about your accident, your case could be hurt. Perhaps you say how sorry you are that the other driver was injured in the collision. The defense could use this simple statement as evidence of your admission of fault for the accident. Statements that appear to contradict information you provided in the claim could be used against you. A post that simply says “I’m so glad I’m okay” could be used to indicate you weren’t seriously injured in the accident when you only meant you were glad you didn’t die.

Comments On Your Posts

Comments by others can also hurt your case. For example, a friend jokingly says, “I’m not surprised you were in an accident with your lead foot.” An indication that you have a tendency to exceed the speed limit could be used to attempt to prove that you are an unsafe driver; therefore, you were at fault or partially at fault for the crash.

Tracking Location

Social media can now track your location. This information can be used against you. For example, if the tracking information reveals you attended events, or you were running errands, the insurance company for the other party may use this information as evidence to allege you weren’t hurt as seriously as you claim. If you can go to events and run errands, you must be okay. It wouldn’t matter why you were out of the house; it would only matter that you were able to be out and about after your accident. You might have a difficult time proving that you attended the event out of obligation though it caused a physical hardship for you.

Call A Rhode Island Personal Injury Attorney

If you have been injured in an accident, seek help from an experienced Rhode Island personal injury attorney. Limit your exposure on social media and follow your lawyer’s advice to protect your claim.

Contact the Tapalian Law for a free legal consultation with an accident attorney. You can reach our office by calling 401-552-5000 or by using our online contact form. Our injury lawyers represent clients in Rhode Island and Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you!

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Multi-car Traffic Accident Injures Three in Norton, Mass

Tapalian Law — Fri, 23 Sep 2016 04:00:00 GMT

On September 8, The Sun Chronicle reported three people were injured in a four-car accident on Route 123 (East Main Street) in Norton. All four vehicles involved in the traffic accident were traveling westbound on East Main Street at the time of the traffic accident. One driver was transported to Rhode Island Hospital in Providence and two other drivers were transported to Sturdy Memorial Hospital in Attleboro. All three drivers had non-life-threatening injuries. The fourth driver in the traffic accident was not injured.

According to the police, the driver of a Cadillac SUV collided with the vehicle in front of him causing a chain reaction traffic accident. The driver of the Cadillac SUV has been charged with negligent operation of a motor vehicle and marked lanes violation. The driver of another vehicle involved in the traffic accident was charged with operating a motor vehicle with a suspended driver’s license. Law enforcement officers continue to investigate the traffic accident.

Determining Fault In A Multi-Vehicle Traffic Accident

In order to recover compensation for your injuries, losses, and damages in a traffic accident, you must prove that another driver was at fault for the collision. You must also prove you suffered damages as a result of the traffic accident. Even though the police report is a good place to begin an independent accident investigation, the determination of fault by the police officer is not conclusive proof of fault in a personal injury lawsuit. The insurance company for the other driver may dispute fault, thereby denying your accident claim.

In a multi-vehicle traffic accident, it may be difficult to determine who was at fault for the traffic accident. All of the drivers involved in the collision may have very different versions of how the multi-vehicle traffic accident occurred. The police officer investigating the accident typically listens to each driver’s account of how the accident occurred, in addition to any information provided by eyewitnesses, to determine fault. He may also review the evidence at the accident scene as he makes a decision whether to charge one or more of the drivers involved in the crash.

Why Do Insurance Companies Deny Fault?

If the damages from the traffic accident are substantial, the insurance companies for the drivers may dispute the police officer’s determination of fault. Each insurance company wants the other insurance companies to bear the cost of the accident. Therefore, none of the insurance companies take responsibility for the accident causing the accident victim to be “bounced around” between various insurance adjusters. This process can be extremely frustrating and stressful for an accident victim. Furthermore, if the insurance companies can argue about fault long enough, the statute of limitations may expire preventing the accident victim from filing a lawsuit to force one of the companies to accept responsibility. That being the case, you should contact an attorney as soon as possible after a multi-vehicle traffic accident.

Do I Need A Massachusetts Car Accident Attorney For A Multi-Vehicle Traffic Accident?

It is in your best interest to contact a Rhode Island car accident attorney for any traffic accident, but especially for a multi-vehicle traffic accident. The insurance company for the other driver has a team of professionals working to protect its best interest. The insurance adjuster is not working for you. He will not inform you of your legal rights. Therefore, you need and deserve someone working on your behalf who protects your best interest and who puts your needs first. An experienced Massachusetts car accident attorney investigates the accident to identify and preserve key evidence used to prove fault.

The car accident attorneys of Tapalian Law offer free legal consultations and case evaluations to accident victims. Contact our office by calling 401-552-5000 or use our online contact form to schedule a free consultation. Our personal injury attorneys represent clients throughout Rhode Island and Massachusetts. If you cannot come to us, we will come to you!

Can I File A Lawsuit For A Road Rage Accident?

Tapalian Law — Fri, 16 Sep 2016 04:00:00 GMT

Road rage has become a phenomenon in the United States in recent years. Road rage can be as simple as an angry shout to a passing vehicle or as serious as someone tailgating or hitting another vehicle on purpose. A road rage accident can cause minor injuries, permanent disabilities, and death. If you have been injured in a road rage accident, you may be wondering if you can file a lawsuit for injuries sustained in a road rage accident.

Criminal Activity

A person who acts in a vicious manner when in a rage and follows up with certain acts is behaving in an intentional manner, which can be seen as a crime. For example, if a driver intentionally rams into your vehicle, that action can be classified as assault and battery. If a driver runs you off the road and then exits the vehicle to hit you, that person could be facing an assault and battery charge. There are several criminal offenses that could result from a road rage accident, including vehicular manslaughter, murder, reckless driving, and hit-and-run. The specific criminal charge depends on the facts of the case.

Filing A Lawsuit For A Road Rage Accident

As with any traffic accident lawsuit, you must prove that the other driver caused the accident and you suffered injuries as a result of the accident. A conviction of a crime related to the road rage accident is evidence in your lawsuit. However, a conviction of a crime related to road rage or aggressive driving does not conclusively prove the other driver caused the collision. You must still prove the other driver did something to cause the accident. An experienced attorney who understands Rhode Island and Massachusetts negligence and liability laws can help you prove fault by conducting a thorough accident investigation to identify and preserve key evidence to use in court when arguing fault.

Road rage leaves people hurt and frightened. A road rage accident results in physical pain, emotional suffering, and financial losses. You deserve compensation through a personal injury lawsuit for an intentional act of violence.

Compensatory damages include medical costs for any injuries, including both initial treatment and future medical care. Compensatory damages also include lost wages, if you are out of work due to your injuries. You may be entitled to recover other out-of-pocket expenses related to the road rage accident. Examples include compensation for property damage, over-the-counter medications, travel expenses, and personal care. Non-economic damages available in a traffic accident case include compensation for physical pain and emotional suffering.

We Can Help With Your Road Rage Accident Lawsuit

You’ll want to work with an attorney with experience in personal injury claims, especially as related to automobile accidents. Proving road rage as an intentional act is often the most difficult part of the case. This requires an attorney who understands the various laws related to road rage and negligence. The attorney must understand how to obtain the necessary information, either from police reports or from eyewitnesses, to prove fault.

Our law firm represents clients in Rhode Island and Massachusetts. Contact Tapalian Law by calling 401-552-5000 or use our online contact form. We are available 24/7 for your convenience. If you cannot come to us, we will come to you! Call now to schedule your free legal consultation.

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