Articles Posted in Auto Accidents

Mass. Governor Pushes Crackdown on Drugged Driving

January 12, 2022 | Tapalian Law

Governor Charlie Baker continues his push to crack down on drugged driving laws in Massachusetts. Baker’s legislation attempts to close many of the loopholes that allow motorists, such as the driver that killed State Trooper Thomas Cardy, to go free of penalty for driving under the influence of certain drugs and causing injury or death. Baker’s proposal, originally filed in 2019, has been refiled and named after Cardy, who was killed in 2016 during a traffic stop by a medical marijuana patient who was convicted of involuntary manslaughter, but acquitted of driving under the influence of cannabis. As a personal injury lawyer in Massachusetts and Rhode Island for over 20 years, Attorney David Tapalian sees a tragic number of car accidents caused by drivers impaired by alcohol and other substances. While breathalyzers provide reliable blood alcohol content (BAC) levels, accurately measuring the level of other substances, like marijuana, in a driver’s body proves to be more difficult, and controversial.

Drugged Driving Bill in MA

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

Rhode Island Weather-Related Car Accidents

March 3, 2021 | Tapalian Law

Although Spring beckons, national news sources recently reported a surge in death tolls related to winter storms across the United States. In Rhode Island, we are no stranger to snow storms and the state’s proximity to the ocean makes nor’easters and winter blizzards a common occurrence throughout the winter months. The freezing rain, heavy slush, snow, and ice result in treacherous road conditions. These weather conditions increase the likelihood of a Rhode Island car accident.

In some situations, a winter driving accident is an unavoidable consequence of dangerous roadways. However, drivers can, and should, adjust their driving habits to accommodate these conditions. Motorists should make sure to remove snow and ice from their vehicles before going out in bad weather. The failure to completely clear a car can result in dangerous snow and ice flying off of a car. Further, ice and snow on a car can decrease visibility, resulting in accidents. Moreover, vehicles traveling during these dangerous conditions should increase their braking distance as snow and ice can reduce a vehicle’s ability to adequately grip the pavement. As a Rhode Island car accident lawyer, David Tapalian sees numerous clients hurt each winter in snow and ice related crashes.

The Federal Highway Administration (FHA), reports that over a ten-year period inclement weather accounted for nearly 20% of weather-related collisions. These accidents resulted in serious injuries and fatalities. Last month, Rhode Island state troopers urged motorists to stay off the road after the state experienced 18 weather-related accidents in one day. Moreover, following the series of accidents, Rhode Island Governor Raimondo imposed a tractor-trailer ban until the roads were cleared.

What to Do After a Rhode Island Car Accident

February 18, 2021 | Tapalian Law

Anyone who has ever been involved in a Rhode Island car accident knows that the moments following the collision are best described as a blur. You may be injured, confused about how the accident occurred, and wonder what your next steps should be. This is normal. While statistics show that many drivers will be involved in at least one car accident in their life, it’s impossible to prepare ahead for a car crash or collision.

However, the minutes, days, and weeks after a car accident are also a critical time, both for your health as well as the viability of any personal injury case you may later decide to bring against any of the other drivers involved. Thus, anyone involved in a Rhode Island motor vehicle accident should follow these steps to ensure they get the medical attention they need and preserve their rights to recover financial compensation from the at-fault party. An experienced personal injury lawyer can advise you along the way.

Report the Accident

After an accident, the first thing to do is to report the accident by calling 911. Reporting a crash does two things. First, the 911 operator will send emergency responders to the scene to check you out and ensure whether or not you need emergency medical treatment. Second, when police respond to the scene, they will create an accident report. An accident report is critical to the success of a Rhode Island car accident claim because it serves as proof that the accident occurred.

Pedestrian Fatalities Highest Since 1990

December 11, 2019 | Tapalian Law

Motor vehicle accidents involving pedestrians have been on a sharp rise over the past decade throughout the country. In fact, pedestrian fatalities have increased 35% since 2008, compared to a 6% decrease in all other motor vehicle crashes in the same period. A recent report by the Governors Highway Safety Association estimates 6,227 pedestrians were killed on U.S. roads in 2018. Based on preliminary 2018 data, this is the highest number of pedestrian deaths due to car accidents since 1990. Why are pedestrians in Rhode Island and the U.S. at such a high risk for getting killed by a car? Automobiles are safer than ever with the latest technology and innovative safety features including sensors that tell a driver when a person or another vehicle is too close. Rear backup cameras in particular are mandatory for vehicles manufactured after May 2018. As RI personal injury lawyers, we certainly recognize the importance of these safety features however we know no amount of technology can make up for one of the most dangerous types of drivers, a driver distracted at the wheel.

Causes of the Rise in Pedestrian Accidents

One of the main sources of pedestrian injuries and accidents in Rhode Island, and the entire country, is distracted driving. Distracted driving, commonly taking the form of texting and overall smartphone use while operating a vehicle, might also include the distractions of other passengers in the car, loud music, eating or drinking. A rise in population growth, specifically in cities, is another reason for the uptick in pedestrian injuries and accidents. Cities like Providence RI are a hotbed for pedestrian activity. With multiple colleges and universities throughout the city, on any given day thousands of people are walking the streets. What makes pedestrians more likely to be hurt in a car accident in Providence, is that many of the thousands of college students are new to the city and therefore not familiar with the city’s roads and infrastructure. As personal injury lawyers in Providence RI, at Tapalian Law we have seen a number of clients hurt in car accidents caused by out of state drivers. Inexperienced pedestrians and inexperienced drivers are a dangerous mix. Other factors attributed to the rise in pedestrian fatalities include weather conditions, fuel costs, and the upsurge of SUV’s on the roads.

Teen Drivers in Rhode Island: Making the Roads Safer for the Newly Licensed

December 14, 2018 | Tapalian Law

Motor vehicle accidents are the leading cause of death for Rhode Island teenagers aged 15-17 and the leading cause of fatality and injury for adolescents nationwide. Over the year’s vehicle safety has improved tremendously, but teenage drivers have not. In fact, the first year with a license is the most dangerous period in a driver’s life, according to AAA. The Providence personal injury lawyers at Tapalian Law focus on helping the victims of auto accident injuries and often the accidents resulting in fatalities or serious injury involve teenage drivers. We know from experience, and statistics show, that new teen drivers have a high likelihood of experiencing a crash or “close call” as newly licensed motor vehicle operators. Newly licensed teen drivers are also four times more likely to engage in risky road behaviors like sudden acceleration, abrupt braking, and hard turns. Couple the impulsiveness and inexperience of adolescence with a near-constant need for technology, and a recipe for disaster is created for teen drivers in Providence, Rhode Island and beyond.

Lack of Judgement Common Culprit in Teen Crashes

Crash investigations commonly show the cause of teenage car crashes is not a lack of skill, but a lack of judgement. Responsible driving requires good judgement, a solid attention span, the ability to juggle and prioritize multiple functions, and shrewd decision-making skills. Biologically speaking, these are not yet a concrete part of the skillsets of most still-maturing teenagers. However, with gained experience teenage drivers can learn to be safer. As a RI accident injury lawyer, Attorney David Tapalian witnesses the huge impact distracted driving has on car accidents. Rhode Island law prohibits hand-held cell phone use while driving. The cell phone law is even more specific pertaining to new drivers under the age of 18. In the Ocean State, vehicle operators under age 18 are banned from using any kind of wireless communication device while driving, including all handheld and hands-free cell phones and text messaging devices. Despite the illegality, motor vehicle lawyers know from first-hand knowledge, adults and teenagers alike still text and chat on a cell phone while driving, as mentioned in our Rhode Island Accident Lawyer Blog. According to a survey by AAA, almost 70% of teenage drivers admit to talking on a cell phone and over half admit to reading a text message while operating a vehicle in the past 30 days. Almost all adolescent drivers admit to keeping their cell phone turned on while driving a car.

Legalized Marijuana Linked to Increase in Car Crashes

November 9, 2018 | Tapalian Law

Since the legalization of marijuana movement began in the U.S., health and safety experts have been trying to measure the potential impact it would have on traffic accidents. Without ample past reliable data to go off, much of the results so far have been inconsistent. However, according to a new set of studies by the Insurance Institute for Highway Safety’s (IIHS) Highway Loss Data Institute, an increase of up to 6 percent in the number of highway crashes has been found in four states where the recreational use of marijuana is legalized. As Providence personal injury lawyers, Tapalian Law feels any uptick in car crashes is reason to sit up and take notice. Our car accident lawyers see clients everyday who suffer from serious injuries incurred in an auto accident. While the latest reports cannot yet prove a direct risk caused by the use of marijuana among vehicle operators, there is a rising trend in these states and any upsurge in car crashes is cause for attention. At this time it is a challenge to accurately test drivers to determine if they are under the influence of THC, the active ingredient in marijuana. Without this hard proof, much more research needs to be done to explore marijuana use and its relationship to vehicle crashes. After this Tuesday’s election, 10 states and Washington D.C. have now legalized marijuana for recreational use for adults over the age of 21. Rhode Island has not legalized marijuana for recreational use. Medical marijuana is legalized in 33 states, including Rhode Island.

Results of IIHS Study Linking Legalized Marijuana to Car Crashes

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

Seniors Outliving Safe Driving Age by 7-10 Years, says AAA

September 21, 2018 | Tapalian Law

Hundreds of thousands of seniors are hurt or killed in car accidents each year. More than 200,000 drivers over the age of 65 were injured in crashes in 2016, over 3,500 were fatal. Seniors are some of the safest drivers- they are more likely to wear seat-belts, drive sober, and observe speed limits. Yet they are more likely to die in a car crash than other age groups. Behind teenage drivers, seniors have the highest crash death rate per mile driven. With the population living longer, AAA researchers have found that older drivers are now outliving the age when they can drive safely by 7-10 years. In Rhode Island alone, 20% of drivers are over age 65. The personal injury lawyers at Tapalian Law are always concerned about safe driving habits. After all, we see clients every day, from new teenage drivers to senior citizens, who suffer from serious car accident related injuries. Our RI injury attorneys know the life-long implications car accident injuries can have on a victim. An aging person’s body is not as agile and flexible as it once was and may not heal from injuries as quickly as a younger person, further complicating the recovery process. It may be a difficult or embarrassing topic to broach with aging parents. And that’s probably why over 80% of aging drivers never talk to a doctor or family member about it. Typically, when they do it is often too late and happens after a crash or near-collision while on the road.

Why Are Seniors More Likely to Die in Car Crashes?

Fatality rates for older drivers are 17% higher than for 25-64-year-old drivers. Seniors are more likely to die in a car crash than younger people, largely due to having more fragile bodies and underlying medical conditions that can worsen injuries and hinder recovery. But it’s not just the plain fact of old age that can impair older drivers and cause auto accidents. Many other aspects of aging can impede safe driving habits. As personal injury accident lawyers, we see medication side effects or health circumstances frequently factor into car accidents involving older adults. Over 75% of drivers age 65 and older use one or more medication which can potentially impact their driving ability. As we age, it is common to experience vision changes, hearing loss, delayed reaction time, and mind and cognition impairment. Weaker muscles, decreased flexibility, and reduced range of motion can affect and restrict the ability to hold and turn a steering wheel and press the gas or brake. Arthritis affects half of the middle-aged population and 80% of those in their 70’s. It can cause crippling joint inflammation making the turning, flexing, and twisting needed to operate a motor vehicle and react quickly, painful or physically impossible.

Over 400 Road-Related Fatalities Expected this Memorial Day Weekend

May 26, 2018 | Tapalian Law

For most, Memorial Day marks the beginning of summer in Rhode Island and beyond. Commonly, a weekend filled with cookouts, celebrations and often, alcohol. Alcohol and impaired driving plays a huge role in why Memorial Day weekend is one of the deadliest weekends for auto accident fatalities. For the second year in a row, the National Safety Council (NSC) is predicting over 400 roadway related deaths this holiday weekend. With the excitement of warmer weather and an extra day off work for some, there are more people driving on the road. As Providence personal injury lawyers, Tapalian Law knows that driving and alcohol are a deadly combination and see the severe injuries related to auto accidents every day.

Warm Weather Holidays Deadlier for Auto Accidents

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

RIDOT To Remove X-LITE Guardrails After Deadly Crashes

February 7, 2018 | Tapalian Law

Rhode Island recently joined the ranks of six other states to ban a particular style of highway guardrail, the Lindsay X-LITE, due to concerns over the barriers crash safety. The X-LITE guardrails are believed by some to cause potential death or personal injury in car accidents by piercing, or impaling, the vehicles that come into contact with the barrier during a car crash. Several fatal crashes in the U.S. have involved this style of guardrail and the Rhode Island Department of Transportation plans to remove all of them “out of an abundance of caution”, per DOT spokesman Charles St. Martin.

Rhode Island Fatality Due to X-LITE Guardrail

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

Driver Assistance Technologies- Sorting Through the Options (Part 2)

January 19, 2018 | Tapalian Law

With countless safety options available on newer vehicles today, it is understandable the choices can be overwhelming. However, it’s worth taking the time to understand, even in simple terms, what options are available as many of them are expected to, or have already proven to, assist in preventing car crashes resulting in serious personal injury or death based on National Highway Safety Transportation Administration (NHTSA) studies. In Part 1 of our personal injury blog on Driver Assistance Technologies- Sorting Through the Options, we explained the features of Automatic Emergency Braking Systems (AEB), Pedestrian Automatic Emergency Braking (PAEB), and Backup Cameras, or rearview cameras. In May 2018, backup cameras will be mandatory on all new vehicles. As of now, backup cameras are the only one of these technologies that will be required shortly, but as further crash and safety studies become available, the NHTSA may add further features to the list of required technologies to be mandatory in new vehicles. In Part 2 of this Tapalian Law personal injury blog, we will look at the features and benefits of Forward Collision Warning Systems, Lane Assist or Lane Keeping Support Systems, Blind Spot Detection, and Automatic Crash Notification Systems (ACN or Call 911). These selections are available as options on many of the newer vehicles today.

Forward Collision Warning System (FCW)

How They Work: A forward collision warning system works by using sensors to detect a vehicles speed, speed of the vehicle in front of it, and the distance between the two vehicles with the goal of avoiding or mitigating a rear-end crash. If the rear vehicle is getting too close to the stationary or slower moving automobile ahead of it, the FCW system will warn the driver of an impending crash so the driver is alerted to apply the brakes or steer in another direction to avoid a potential accident. The type of warning may be an audio or visual alert.