Car Accident

Liability in Rhode Island Head-On Collisions

April 8, 2021 | Tapalian Law

Head-on collisions, also known as front impact collisions, are among the most deadly types of car accidents in the United States. According to the Insurance Information Institute (III), frontal collisions account for around 2% of accidents, but account for 10% of motor vehicle accident deaths. These statistics highlight the dangers associated with Rhode Island head-on collisions.

Frontal crashes occur when the front of one vehicle slams into the front of an incoming vehicle or stationary object. The leading causes of head-on collisions involve impaired drivers, unsafe passing, wrong-way driving, driver distraction, driver fatigue, and unsafe road conditions. Although head-on collisions may seem straightforward, there are often various factors at play that can affect liability and damages. For example, a wrong-way driver may claim that road signs were unclear or not visible. Similarly, a driver may claim that they had no choice but to swerve into oncoming traffic to avoid an accident. However, these defenses may not dissolve liability or diminish the motorist’s negligence.

Those that do not suffer fatal injuries in a head-on crash often experience severe and permanent disabilities. Frontal crashes may result in traumatic brain injuries, spinal cord injuries, neck injuries, broken bones and fractures, organ damage, paralysis, and burns. Victims often experience secondary injuries from flying debris or additional accidents. In some cases, adrenaline and stress mask serious injuries. It is important that head-on collision victims seek medical attention, even if their injuries appear minor.

Why Won’t the Hospital Charge My Health Insurance if I’m in a Car Accident?

February 10, 2021 | Tapalian Law

Consider this scenario: You’re in a car accident in Rhode Island. Stopped at a red light, the driver behind you looks down to read a text, doesn’t realize the light has turned red, and crashes into your car. Badly hurt, you are rushed to the hospital suffering a number of injuries from the rear-end impact, including whiplash, a serious face abrasion, and a dislocated shoulder. The texting driver is clearly at fault for the crash and given a citation for distracted driving, according to the police report obtained by your Rhode Island Car Accident Attorney David Tapalian. After a week in the hospital, you are released but regular doctor visits and twice-weekly physical therapy sessions for your shoulder and neck injuries are required. In the meantime, you are unable to work at your regular job which requires heavy lifting, but thankful for the health insurance coverage your employer provides its workers.

Fast forward a month, you receive a bill for thousands of dollars from the local hospital where you received emergency medical care after the crash. This must be a mistake- you have health insurance! You ignore the bill but it keeps appearing in your mailbox month after month. During this time, you continue to visit the doctor and attend physical therapy sessions on a regular basis. Your car accident lawyer is working diligently on your Rhode Island car accident claim, negotiating a settlement with the at-fault drivers’ insurance company who has admitted fault for its insured’s negligence. Your facial injury has healed, your neck and shoulder mobility show improvement, and you’re hopeful the doctor will clear you for light-duty work soon. Looking forward to moving on from this chaotic time in your life, you plan to catch up on your rent payments once your personal injury claim is settled and you receive the compensation from your car accident settlement from Attorney Tapalian.

Stunned, therefore, is the only way to describe how you feel when you receive a notice in the mail informing you a hospital lien has been placed on your pending car accident settlement due to your unpaid hospital bills. How could this be possible? You have health insurance! Why are you receiving the bill and why didn’t the hospital just bill your health insurance carrier? According to Attorney Tapalian, unfortunately this is a situation that occurs all too often with Rhode Island car accident claims and it’s a real problem. It happens with car accident settlements in Rhode Island and in many other states. After treating an injured car accident patient, instead of billing the patient’s own health coverage, whether private health insurance, Medicare, or Medicaid, the hospital bills the patient directly. If the patient doesn’t pay up, which in most cases isn’t even financially possible for the injured person to do, the hospital may place a lien on the patient’s compensation from a potential car accident settlement claim, per RI General Laws § 9-3-4. The hospital lien requires the hospital be paid prior to the patient/client receiving any money from their settlement.

Can You Still Recover in a Rhode Island Car Accident Lawsuit if You Were Partially at Fault?

January 27, 2021 | Tapalian Law

When it comes to common questions among Rhode Island car accident victims, one of the frequently asked questions involves whether an accident victim who shares responsibility for causing a car accident can still recover for their injuries from other at-fault drivers. The answer is laid out in the state’s comparative fault statute, located in Rhode Island General Laws section 9-20-4.

Under Rhode Island’s comparative fault statute, any injured driver, regardless of their role in causing the accident, can file a claim against any other party they believe caused or contribute to the accident. However, this does not mean that the at-fault party will be held completely liable for all of an accident victim’s damages. Section 9-20-4 provides that an injury victims’ “damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured.”

In plain English, this means that an accident victim’s total recovery amount will be reduced by their own percentage of fault. For example, suppose you were injured in a Rhode Island car accident and that you sustained $300,000 in damages. If, after a trial, the jury found that you were 30 percent responsible for causing the collision, you would recover a total of $210,000. This figure represents your total damages, less 30 percent, or your own percentage of responsibility.

RI Traffic Accident Deaths Up, Despite Less Driving

November 6, 2020 | Tapalian Law

As a result of the Covid pandemic, countless Rhode Islander’s continue to work virtually from home, a number of schools are conducting learning online, and many families are choosing to forgo vacation and travel plans and stay close to home for the holidays. These factors have resulted in much less traffic on the roads and highways throughout Rhode Island, particularly during the early weeks and months of the pandemic. Despite drivers in Rhode Islander driving fewer miles, surprisingly the state has seen a “concerning” uptick in traffic fatalities and serious car accidents this year. As a car accident lawyer in Rhode Island for over 20 years, Attorney David Tapalian has seen this surprising influx in motor vehicle collisions and injuries first-hand. The unanticipated rise in auto accidents is unusual considering the decrease in cars on the road.

Car Accident Fatalities So Far This Year

The Rhode Island Department of Transportation reported 45 motor vehicle or motorcycle accident fatalities as of Wednesday, October 29th. Only days after the announcement, three more people were killed in auto crashes on Route 95 on Sunday. In comparison, there were 49 motor vehicle fatalities total in RI last year. In addition, over 200 people have been injured in car accidents so far this year.

Fatal Traffic Accidents & Injuries Surge on Block Island

September 1, 2020 | Tapalian Law

Normally a relaxed summer getaway for visitors, Rhode Island’s Block Island has suffered a number of tragic traffic fatalities as well as a number of serious injuries over the last month. In early August, a male teenager from Connecticut suffered fatal injuries in a car accident when the female driver, suspected of being intoxicated, lost control of her vehicle on West Side Road. Later that same week, a 22-year old Cranston man riding a moped was killed in a head-on collision with an SUV. Most recently, a passenger was injured in a roll-over crash and the 20-year old driver under suspicion for driving under the influence. As a personal injury lawyer in Rhode Island, Attorney David Tapalian is used to seeing a spike in car accidents during the summer months, however, this season is out of the ordinary for Block Island.

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

Moped Accidents

Feet Up on the Dashboard? Think Again. X-Ray Shows Horrific Car Accident Injuries

January 30, 2020 | Tapalian Law

A picture floating around the internet recently will make you think twice next time you drive with a passenger in the front seat of your car. The photo shows the x-ray of a female victim who suffered severe and permanently disabling injuries in an auto accident. In comparison, the other passengers in the same crash suffered only minor scratches and bruises. Why? The woman had her feet up on the passenger side dashboard. The force of the collision deployed the passenger side airbag, throwing her foot into her face. As car accident lawyers in Rhode Island, it’s not uncommon to see one passenger in a car crash injured more severely than another. However, the extent of this woman’s injuries from a minor crash were expansive enough to be life-changing, while her fellow passengers were basically unscathed. This is all due to her positioning with her feet on the dash. The impact of the collision snapped a femur, broke a hip in its socket, and dislocated the other hip far where it should be located. In addition, she broke her nose, arm, and ankle.

Injuries from Airbags

We’ve seen a number of clients at Tapalian Law who likely would not be here with us today if not for the life-saving effects of an airbag. As a Rhode Island Car Accident Attorney David Tapalian has seen first-hand the undeniable advantages of airbags when a person is involved in a car crash. In most cases, airbags deploy at a powerful speed of 100 to 220mph. Unquestionably, some people are hurt by the airbag when it deploys. Yet, the safety benefits of airbags far outweigh the risks.

Car Accident Fatalities on Decline, Reports NHTSA

January 7, 2020 | Tapalian Law

The U.S. Department of Transportation’s National Highway Transportation Safety Administration (NHTSA) released preliminary data in late December that shows a decline in motor vehicle accident deaths for the first nine months of 2019. From January to September 2019, an estimated 26,730 fatalities occurred in U.S. auto accidents, compared to 27,335 fatalities during the same January to September period of 2018. A 2.2% deduction in motor vehicle fatalities is reflected, despite vehicle miles traveled during this period having increased by 1%. As an experienced car accident lawyer in Providence, Rhode Island, Attorney David Tapalian hopes to see the downward trend continue into 2020; all-inclusive motor vehicle traffic fatality statistics for 2019, including the last three months, will be released sometime in 2020.

How are the Statistics Compiled?

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

Rise in Bicycle Accidents Feared Amidst Dismantling of Providence Bike Lane

October 23, 2019 | Tapalian Law

The City of Providence’s decision to remove a recently installed bike lane on Eaton Street has cyclists in Rhode Island up in arms. Providence’s first two-way bike lane, newly completed in early September of this year at a cost of over $63,000, will be dismantled amid concerns and complaints by local residents, for an additional cost of $64,000. Rhode Island bicyclists may have good reason to be upset. The majority of bike accidents occur in urban areas and as bicycle accident lawyers, we know one of the best ways to ensure safety for bicyclists is to have designated, safe cycling lanes. Clearly identified and designated bike lanes are essential to ensure safety for vulnerable cyclists and were included in the City’s “Great Streets Initiative” which proposed 60 mikes of bike lanes, including the new lane on Eaton Street.

When Bikes & Cars Collide

When a bicycle and motor vehicle collide, as expected it’s the person on the bike who bears the brunt of the impact and suffers serious injuries, which are sometimes fatal. Across the U.S., 783 cyclists were killed in traffic accidents in 2017. Despite what many Rhode Islanders feel is a step in the wrong direction with the removal of the Eaton Street bike lane, many cities including Providence are developing plans to make bicycle and pedestrian travel safer in urban areas. Bicycle traffic will increase with these safety initiatives while drivers of cars are more distracted than ever; this makes it more important than ever to have access to an experienced Providence bicycle accident attorney if you are injured. Municipalities across Rhode Island are encouraging more bicycle traffic and designated bike lanes are becoming clearly marked throughout the state making it apparent that bicycles are welcome. Cities and towns will need to do more to make bicycling safer for everyone throughout Rhode Island.

New Spinal Cord Injury Treatments in RI on the Horizon

October 8, 2019 | Tapalian Law

As a Rhode Island personal injury lawyer, Attorney David Tapalian is aware that a spinal cord injury is one of the most devastating types of injury one can encounter in a car accident. An acute injury to the spinal cord can leave a person without function, movement, or sensation in their body and primarily confined to a wheelchair. The leading causes of spinal cord injuries in Rhode Island are motor vehicle accidents and injuries due to trauma, such as a serious fall or sports-related injury. A spinal cord injury due to a car accident can affect multiple neurological systems throughout the body and partial paralysis of certain organs and limbs is not uncommon. The psychological impact due to such injuries can be equally devastating.

Typically, treatment options are few and far between. However, there is hope on the horizon in Rhode Island for spinal cord injuries as a local team researches novel possibilities. Injury Attorney Tapalian’s alma mater, Brown University, and the Carney Institute for Brain Science, have teamed up in an effort to find innovative treatments for significant spinal cord injuries.

What is a Spinal Cord Injury?

Providence, RI Car Accident Settlement: $85,000

September 13, 2019 | Tapalian Law

Providence Car Accident Lawyer David Tapalian recently recovered $85,000 for a Tapalian Law client involved in a rear-end collision accident where the impact caused significant damage to the client’s GMC Sierra pickup truck. Our client, a local resident, was stopped in traffic on Allens Avenue in Providence, RI when he had the unfortunate luck to be struck from behind by another vehicle with substantial force enough to bend the metal rear bumper downwards.

The crash resulted in damage to both vehicles, as noted on the police report, and the victim consulted with Tapalian Law shortly after the accident. Despite the significant bumper damage, we knew immediately upon reviewing the pictures of the damaged truck, that the defendant’s insurance company would argue that the impact was not considerable enough to cause physical damage to the plaintiff, our client. If the insurance company can argue that an impact was not sizable, they then argue that there is no causation to our client’s injuries when it comes time to settle the car accident claim. However, we knew from the accident reconstruction experts that our personal injury firm in Rhode Island deals with, that this was a significant rear-end hit.

Although our client complained of pain at the scene of the crash, he did not want to be transported by rescue to receive medical assistance. As a car accident attorney in Providence, David Tapalian always urges clients to seek immediate medical care after an auto accident, regardless of how you feel at the time. As expected, the day following the vehicle crash our client was experiencing pain and visited an urgent care center with reports of pain in the lower back, radiating down the left leg, as well as tingling and shooting pain down his left arm. As recommended by the urgent care physician, our client tried a significant course of physical therapy. Even with the physical therapy, his symptoms remained. He then treated with a pain specialist with his chief complaint being lower back pain. Our client articulated that the pain occurred after the accident and his Rhode Island physician administered two sets of therapeutic and diagnostic right lumbar facet medial branch blocks. Our client then treated with a different modality of treatment, namely chiropractic care. Even upon discharge from all medical care, he had residual pain and his health was not returned to pre-accident status.