Articles Posted in Car Accident

Texting-Driving-Female-2-300x225It sounds dramatic, but yes, two seconds can be the difference between life and death. Taking your eyes off the road for only 2 seconds has been shown to double the odds of a car crash. In 2016, an estimated 3,450 people were killed in the U.S. in crashes linked to distracted driving. As Providence personal injury lawyers, Tapalian Law knows that car accidents caused by distracted driving can result in serious injuries or fatalities, yet are completely preventable. We see it every day on the streets and highways of Rhode Island- drivers performing another task like texting, adjusting the music, putting on makeup- behind the wheel. We multi-task on a daily basis at home, work, and school, but the truth is our brain cannot perform multiple tasks as well as it can when focused on one at a time. The result can be inattentional blindness, a lack of attention not associated with any vision defects. For example, a truck driver busy composing a text may miss a stop sign even though the sign is in plain view. The outcome may be a crash with another vehicle or a pedestrian. When 2 seconds can cause a death or serious personal injury, multi-tasking shouldn’t even be an option.

Negligent Driving in Rhode Island

Using a hand-held cell phone while operating a moving vehicle is illegal in Rhode Island. Hands-free devices are allowed per the June 2018 law, and while helpful do not necessarily equate to safe driving. Our brains are simply incapable of expertly performing two thinking tasks at the same time- like operating a vehicle and talking to a friend on the phone, even using a hands-free device. As Rhode Island personal injury lawyers, Tapalian Law knows that inattention to the road can easily result in a collision with a vehicle, bicyclist, pedestrian, or a stationary object like a parked car. Laws, common sense and distracted driving campaigns are important, but not always heeded. Drivers still struggle to avoid the temptation to text, check emails, and use social media when on the road. We must continue to spread awareness of the dangers of distracted driving, and also find solutions to lessen it with the aid of auto manufacturers and help from technology features.

photo_103920_20170708-225x300Hundreds 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.

photo_4556_20071230-300x200It’s a terrible tragedy no parent should ever have to experience. A 6-year-old Somerset, MA boy was involved in a fatal crash while on a leisurely bike ride with his family. The family was bicycling on the East Bay bike path on July 24th, when the fatal crash occurred at the intersection of the East Bay bike path and Poppasquash Road in Bristol, RI.  A 21-year-old Connecticut driver collided with the young boy on his bicycle and some area residents are claiming poor visibility at the site may be to blame. As Rhode Island bike accident injury lawyers, at Tapalian Law we have seen catastrophic injuries and tragic fatalities result when a bicycle collides with a vehicle. The weight of a car or truck colliding with a bicycle almost always has horrific results involving severe injuries including brain trauma, serious bodily injury, and often fatalities. Over 800 lives were lost in 2015 alone in the U.S., in crashes involving a bicycle and motor vehicle, according to the NHTSA.

Town of Bristol Had Been Warned

A concerned citizen had warned the Bristol Town Administrators assistant four years ago via email about the poor visibility at the East Bay bike path and Poppasquash Road intersection where the tragic bike accident took place. The email spoke of several near crashes witnessed at the sight. With this email, Bristol was put on notice of a potentially dangerous problem. The question remains however whether even though the Town was alerted to the potential problem, did it properly address the safety issue and if so, did it continually maintain surveillance of the area to ensure its safety continued. The Town said at that time they worked to address the issue at the location by sending the Department of Transportation (DOT) to perform landscaping to improve visibility. Some nearby residents feel further safety measures need to be taken such as installing flashing lights and reducing the speed limit to make the intersection safer.

photo_83961_20170203-300x200Summer is here and school is out. So are the teenage drivers. From Memorial Day until back to school, thus begins the 100 deadliest days for summer driving involving teen drivers, according to AAA.com. Motor vehicle accidents are the leading cause of death for U.S. teenagers. Teenage drivers new to the road can be a risk every day of the year, but even more so once school is out. They are on the road more and are all too often the cause of car accidents. As auto accident injury lawyers at Tapalian Law, we know that car crashes are more frequent in general during the summer months than other times of year. Every summer day, an average of 10 people die in car crashes involving teen drivers. Nearly 2/3 of those injured in these crashes are victims other than the teen themselves. These are startling statistics and as injury lawyers, Tapalian Law urges those with teen drivers to share these facts and discuss with them the importance of using extreme caution when on the road.

Cell Phones & Passengers Main Cause of Teenage Car Accidents

Teenagers are easily distracted by the cell phones that are such an integral part of their everyday lives. Most teens spend a good deal of time each day texting or on social media. It is hard for them to imagine not having access to their phones. But it’s a well-known fact to us as Rhode Island personal injury attorneys that cell phones and driving do not mix together well. They create a recipe for distracted driving that can result in severe crashes and vehicle related fatalities. Findings by the Virginia Tech Transportation Institute showed that texting creates a crash risk 23 times greater than driving while not distracted. Driver distractions, including cell phone use and texting, caused close to 60% of teen driving crashes according to dashboard camera surveys performed by Lytx DriveCam. These crashes resulted in moderate to severe accidents. About 15% of the teenagers were distracted by talking to passengers in the same vehicle, 12% were using a cell phone, and 11% were distracted by something else in the car, whether it be a radio, GPS system, eating, or drinking. The presence of other teenagers in the vehicle along with a teenage driver increases the risk of a crash resulting in personal injury. The risk increases exponentially along with the number of passengers in the car.

photo_58526_20151220-300x272At Tapalian Law, as auto accident lawyers we often use the terms UM and UIM with our clients. The average Rhode Island driver however, may find this confusing. Though two separate meanings, they are often used interchangeably and stand for Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM). Unless you’ve been injured in a Rhode Island car accident caused by an uninsured or underinsured driver, you may not completely understand the difference between the two similar sounding coverages. After reading further, you may want take into consideration your current auto insurance coverage to ensure you do carry this type of coverage. If you don’t carry uninsured/underinsured motorist coverage, you may be at financial risk in the event you are hit by an uninsured or underinsured motorist.

Uninsured Motorist Coverage (UM)

Uninsured motorist coverage is a type of insurance coverage that protects you in the case of an accident with an at-fault driver who does not carry liability insurance. It is a form of protection offered along with your own auto insurance that you can elect. Rhode Island drivers are required to carry insurance. It is recommended, however not required, that RI drivers elect uninsured motorist coverage. As a conscientious driver, you may be taking a big financial risk to not elect uninsured motorist coverage. This additional protection is relatively inexpensive compared to your required liability coverage. If you are hit by an at-fault uninsured driver and experience injuries, your health insurance may cover the medical bills they are responsible for, however they would not cover co-pays, deductibles, and other expenses incurred due to the accident. This is where your uninsured motorist coverage would come in handy. If you do not carry this coverage and your personal injuries require a lengthy hospital stay and continued medical care, debt can quickly pile up and take a huge toll on the injured as well as their family. Not carrying UM is an expensive gamble to take.

car-crash-insurance-300x185You’ve been hurt in a car accident. After a hospital visit and incurring a number of medical bills, pharmacy expenses, and missing a few days of work, you find out the driver who caused the accident has no auto insurance. After learning this frustrating news, you wonder – what happens when you are hit by an uninsured driver? How do you recoup your lost expenses and damages when the driver has no insurance to go after? You didn’t cause the accident, so why are you stuck paying all the bills? These are questions we hear often at Tapalian Law. As Providence personal injury lawyers, we frequently get asked by clients what remedy they have after a car accident caused by an uninsured motorist. Can you sue a person who has no car insurance? Sure, but chances are its not worth your time as drivers who have no car insurance generally don’t have monetary assets either. Even if you are awarded a judgement against the uninsured motorist you will likely not end up collecting the compensation anyways. So, what other options do you have?

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is additional coverage available from your own auto insurance carrier that is there to protect you if you are hurt in a car accident caused by a driver with no insurance, also known as an uninsured driver. Although Rhode Island drivers are required to carry liability insurance to cover another driver’s expenses in the case of a crash, it does not require drivers to elect uninsured motorist coverage. As personal injury lawyers, we see an abundance of clients injured in Rhode Island auto accidents and recommend you do carry this type of coverage for your protection in the unfortunate event you are hurt in a crash by an uninsured motorist. It is distressing to hear the Rhode Island Department of Motor Vehicles estimates that 15% of cars in Rhode Island are uninsured, so having uninsured motorist coverage can provide you extra protection in case of an accident.

18556427_435655140127887_307219908854212933_n-225x300If you’ve ever been hurt in a car accident or injured in a slip and fall, you may already know the answer to this question. But if you’re fortunate enough to have never been hurt in a car crash or accident, you may wonder what happens in the aftermath. As Rhode Islanders, we see commercials and advertisements every day for personal injury law firms. But what do personal injury law firms do to help people who have been hurt in a car accident, slipped on a broken step, or whose child was bit by a neighborhood dog? As Providence personal injury lawyers, we will tell you what happens when Tapalian Law handles your case.

The Initial Personal Injury Consultation

As a Providence personal injury firm, Tapalian Law offers a free, no-obligations consultation to those who have been hurt in a Rhode Island or Massachusetts accident, whether it be an auto accident, motorcycle crash, dog bite, or slip and fall. We have also helped clients with bicycle injuries, pedestrian accidents, workers compensation as well as other practice areas. When you meet with us there is no charge. You pay no fees unless we are successful at getting you a fair and just settlement and you receive compensation. The initial consultation process begins when you contact us by phone or with the contact form on our website. You will speak directly, and confidentially, with Attorney David Tapalian who will ask you some basic questions about your accident and injuries. He will ask where and how the accident took place, the date of the accident, what type of injuries you incurred, and what medical treatment you have received thus far. You will then set-up an in-person consultation, again at no charge, with Attorney Tapalian at our Providence or Seekonk office, or at another convenient location for you. If you are too hurt to come to us, we will come to you. We will delve into further details of your claim, such as whether a police report was filed, if any driver citations were issued, where you received medical attention, and if any witnesses saw the incident. Based on this information, if Attorney Tapalian feels you have a solid personal injury claim and he feels he can help you seek compensation for your injuries, he will advise you of how to move forward. If you decide to hire Tapalian Law for your personal injury needs, you will complete some paperwork and we will begin on your injury case. However, if Attorney Tapalian believes there is not enough strong evidence with which to conduct a personal injury claim, he will give you his honest opinion.

file0001335127287-199x300Hurricane Harvey hit Texas hard and as New Englanders, we were fortunate to be spared the harsh effects of the severe storm. However, as Rhode Islanders, especially Warwick residents, we are no stranger to floods and the damage they can cause. Witness the floods experienced in Warwick in March 2010, the worst flooding Rhode Island had suffered in over 100 years. As personal injury lawyers helping Warwick residents, Tapalian Law realizes how very fortunate we are that no lives were lost as a direct result of the flooding. The record rains, and resulting floods however, caused property damage to multitudes of homes, businesses, and infrastructures. Many homes and businesses could be repaired or rebuilt, but what about vehicle damage? Many vehicles are beyond repair when they experience extreme water damage. Not only that, chances are they are not safe to drive.

Vehicle Damage after a Flood

Chances are if a car has experienced a flood, it won’t be salvageable. If your vehicle has been inflicted with water damage from a flood, you will first need to contact your insurance company to file a claim for the flood damage. Filing a claim for flood damage is like filing a claim with your insurance company after you’ve been involved in a car accident. After reviewing the details of the claim and personally inspecting the vehicle, if your insurance company determines the vehicle has too much water damage to be salvageable, they will “total” the vehicle and work with you towards getting a replacement vehicle.

file0001323076736-300x163A Warwick man was charged in a hit and run crash Saturday night on West Shore Road after he fled the scene after hitting a motorcyclist with his SUV. Witnesses contacted the police, and the fleeing driver, 48-year-old Brian Larkin, was located and taken into police custody. Larkin was charged with duty to stop in an accident resulting in personal injury, and DUI serious bodily injury resulting. This follows a string of recent hit and runs in Rhode Island. A 65-year-old Central Falls man was the victim of a hit and run crash in April and died of his injuries. In May, a 63-year-old woman was killed in a Johnston hit and run accident. If you are hurt in a hit and run accident, how can you recover the damages you incurred if the driver who fled the scene cannot be found? You may wonder what, if any, options do you have? If you’ve been the victim of a hit and run crash, a Providence, Rhode Island car accident lawyer can assist you in exploring your options for recourse.

Actions to Take After a Hit & Run Accident

If you have been involved in an auto accident and the other driver has left the scene of the crash, you need to act quickly. Immediately make note of the description of the other vehicle, including color, type, and make and model (if possible) and its driver. Take down as many details as you can about the crash- location, time, and in what direction the other vehicle drove away. Get the names and phone numbers of any witnesses, their specifics of the accident, and what type of vehicle description they provide. Contact the police immediately and file a police report. Take photos of the crash scene and the damage to your vehicle or property. Contact any businesses or homes in the area that may have video surveillance of what occurred and the vehicle that fled. All of this will assist the police in locating the hit and run driver.

DSC05698-B-300x225Most everyone has seen the mug shot of Tiger Woods after his recent arrest for DUI in Jupiter, Florida. Upon hearing of his arrest for driving under the influence, or DUI, many automatically assumed he was under the influence of alcohol and driving drunk. After all, it was reported his speech was slurred, he failed basic roadside sobriety tests, and he was falling asleep at the wheel. All classic signs of alcohol impaired driving, and all too recognizable by the auto accident lawyers at Tapalian Law, as signs of a dangerous and impaired driver. While a crime often used to charge drunk drivers, DUI, or driving while impaired (DWI) includes not just driving under the influence of alcohol, but can also be impairment from other drugs, both recreational and prescription drugs, or a combination of any of these substances. The impairment by the substance, or combination of substances, brings the driver to a level rendering them incapable of operating a motor vehicle safely. In the case of Tiger Woods, it appears he was not using alcohol, but was influenced by several medications, reportedly including Vicodin (an opioid pain reliever), Torix (an anti-inflammatory), and another sleeping medication. Due to a recent back surgery Woods had undergone, these types of medications would not be uncommon after a major surgery.

DUI Involving Prescription Drugs a Growing Problem in America

According to the National Highway Traffic Safety Administration, the number of drivers involved in fatal auto crashes testing positive for drugs has doubled in the past 10 years. Illicit drugs are included in these figures but the lesser known drugs involved in these crashes are prescription medications, over the counter drugs, and supplements. Often times accidental overdoses occur as many patients do not comprehend the impact that mixing prescription drugs with other drugs, even as seemingly simple as allergy medication, or alcohol, can have on them. In fact, it is reported that nearly half of men and two-thirds of woman over the age of 65, are taking five or more medications at once. Sometimes a patient may forget that they took a medication already, and take it again, resulting in an overdose with impairing effects. It’s not always possible to predict the outcome that a combination of drugs, both prescription and non-prescription, will have on a person. The situation is even more difficult to predict when a patient is taking multiple drugs, prescribed by multiple doctors.

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