Articles Posted in Brain Injury

It’s summer in Rhode Island and we’ve been fortunate to have beautiful weather. Understandably so, RI motorcyclists are taking advantage of ideal riding conditions. Whether there are more motorcycles on the road due to the warm temperatures or not, we do know that motorcycle accident fatalities are up in Rhode Island this year. According to the Rhode Island Department of Transportation (RIDOT), there have been 6 fatalities involving motorcycles in the first 6 months of 2018. This is double the amount for the same period of 2017. As Providence, RI motorcycle accident lawyers, we find this increase in fatalities concerning.

Why Are RI Motorcycle Accident Fatalities Up?

Although Rhode Island State Police can’t point to a single determining factor for the increase in motorcycle accident deaths, they do say it’s not just a concern only in Rhode Island. According to the National Highway Transportation Safety Association (NHTSA) the number of motorcycle accident fatalities have increased 60% over the last 20 years. Federal statistics show that motorcycle fatalities typically spike each year between June and September. In 2016, nearly half of all motorcycle deaths occurred in those four summer months. Car accident fatalities also rise during the summer months, especially during summer holidays, as we explored in a recent Tapalian Law personal injury blog. Although motorcycle fatalities have increased this year, motor vehicle related accidents have decreased from this time frame last year. There have been 27 motor vehicle accident fatalities through June 29, 2018. During the same time period in 2017, there were 39 fatalities. As Providence personal injury attorneys, we hope this downward auto accident fatality trend continues its decrease for the remainder of the summer.

Keyless ignition is yet another big convenience added to our vehicles over the last decade or two. No longer having to fumble with a key to start up the car? Sounds great.  At Tapalian Law, RI personal injury lawyer David Tapalian is all for the latest and greatest safety technology and convenience features to make the driving experience safer and less distracting. Along with keyless ignition, the majority of newer vehicles have keyless entry, allowing us to gain entry into and start our car without every touching a key. But the truth is, this convenience can also be deadly. Lately, more attention is being brought to its potentially detrimental result- death or injury from carbon monoxide poisoning.

How is Keyless Ignition Causing Fatalities?

Keyless entry and keyless ignition are both automotive features that allow a vehicle to be entered, or the engine started, without having to manually handle a key. If the key fob is on the person, in their hand, a pocket, or purse within the designated distance range, the key fob can transmit a radio signal therefore allowing the car door to be opened or the engine started. On the other hand, it also allows the driver to exit the vehicle with the key fob while the car is still running. Many newer model cars, especially electric or hybrid vehicles, are extremely quiet leaving us to sometimes question if the engine is even running. Because the vehicle is so quiet, it can be easy to forget to turn off the engine and leave the vehicle running. Older drivers can be especially prone to doing so. But this is where the danger of carbon monoxide lies. If said vehicle is parked inside an enclosed garage attached to a home, the carbon monoxide can build up and seep into the home silently poisoning those inside, often in their sleep. Carbon monoxide is a poisonous gas that one cannot see, taste, or smell. When breathed in, it can displace oxygen in the blood depriving the heart, brain, and other vital organs of necessary oxygen. This can result in death. Those with carbon monoxide exposure that is not fatal may end up with other sicknesses and injuries such as headache, dizziness, vomiting, nausea, or unconsciousness, as well as brain damage. Some automotive manufacturers are facing wrongful death lawsuits or personal injury lawsuits as a result.

A recent New York Times article titled, Buckle Up a Helmet to Save a Life, began “Riding a bicycle without a properly fitted helmet is simply stupid”. After seeing the aftermath and devastation one of our clients incurred after getting hit while riding his bicycle in Providence, as injury lawyers at Tapalian Law we tend to see the author’s point. A human on a bicycle is no match for a vehicle or SUV weighing between an average of 4,000-6,000 pounds. Our client was hit by an elderly woman and sustained serious injuries requiring hospitalization for over 30 days as well as a number of surgeries. Thankfully, his youth and strong determination worked to his advantage and he made a tremendous recovery. However, this was not without a robust amount of energy and effort on his part. We represented our client in his personal injury lawsuit and were able to obtain him a very comfortable settlement to compensate for the injuries he sustained in the Providence bike accident. In summary, bicycle injuries can be devastating and even life-threatening so if you are riding a bike, it is in your best interest to take any and all safety precautions you can to protect yourself from injuries.

Bicyclists & Head Injuries

As personal injury lawyers, we know that like the large majority of car accidents, bicycle accidents often take place close to home. Bicycle accidents can happen anywhere, and they do. Whether it be a leisurely bike ride down the street for exercise or high-speed training for a bike race far from home, it doesn’t matter. The Bicycle Helmet Safety Institute states that “All it takes is gravity – the distance to the ground- to cause a head injury”.  A low-speed fall can be just as dangerous and cause just as much trauma as a high-speed fall. Without a properly fitting bicycle helmet, one is much more likely to endure a head trauma or brain injury than is a rider with proper head protection. In fact, one startling statistic reported by New York City states that 97% of cycling deaths and 87% of serious injuries occurred to people who were not wearing helmets.

It may seem obvious, but if you’re going to get on a motorcycle, put on a helmet. The simple act of putting on a properly fitting helmet can mean the difference between life and death in the event of a motorcycle accident. Take the advice of the motorcycle accident lawyers at Tapalian Law – if you’re going to get on a motorcycle as a driver or passenger, wear a helmet. The best chance to protect your brain should you be involved in a critical accident, is by wearing a protective helmet. Consider the force and weight of a truck or SUV driving at top speed on the highway hitting an unprotected motorcycle rider. At least if the motorcyclist has head protection, they may stand a chance. Without head protection, the chance of death, traumatic brain injury, or other severe head trauma is much higher.

Rhode Island Motorcycle Helmet Laws

Rhode Island does not require motorcycle operators to wear a helmet. It does, however, require all passengers riding on a motorcycle to wear a helmet. The exceptions to this rule are for those operators under the age of 21 as well as new operators within their first year or riding, regardless of age. Both are required to wear helmets at all times. Rhode Island requires a special license to operate a motorcycle in addition to the completion of an approved motorcycle safety course.