DUI Accident

Understanding the Role of a Wrongful Death Attorney

October 31, 2023 | Tapalian Law

Dealing with the loss of a loved one is never easy. Particularly so if your loved one’s death was easily preventable and caused by another person’s negligence, such as a fatal drunk driving crash. While family members are left to mourn a shocking loss, they must also make costly funeral preparations for the deceased. Facing an unexpected large expense can compound stress for loved ones and leave them financially burdened. When this occurs, the family of the deceased may take legal action to file a wrongful death claim against the negligent party for damages. This type of claim can recoup funeral and burial expenses as well as the financial burden of losing the family’s breadwinner and other harms like the loss of companionship. Attorney David Tapalian’s expertise in personal injury law and wrongful death in Rhode Island and Massachusetts has helped hundreds of families successfully win compensation after a serious injury or death of a loved one. As an experienced RI wrongful death lawyer, he will guide, support, and fight for you and your family during these trying times and ensure that your case is handled the way it deserves.

What is a Wrongful Death Claim?

A wrongful death claim is a type of legal action that may be initiated when a wrongful act or negligence of another party resulted in somebody’s death. For example, a parent may file a wrongful death claim if they lost a child in a car accident caused by a drunk driver. In Rhode Island, according to R.I. Gen. Laws § 10-7-1, this act, neglect, or default that led to the death must be classified as a type of action that would have allowed the deceased person to file a personal injury claim for damages had they survived. The type of action that led to the death may be based on negligence, like an auto accident, medical malpractice, or an intentional harm, like a crime. The estate or certain family members (spouse, child, parent) of the deceased can file a lawsuit and potentially be awarded a monetary settlement for damages against the party legally liable for the death. The essential aspects of a wrongful death claim are:

Falmouth Car Crashes Leave Two Dead

February 28, 2022 | Tapalian Law

On the same day, yet in separate incidents, two fatalities occurred in auto accidents in Falmouth, MA. An early evening crash on Route 28 near the Route 151 off-ramp killed a Falmouth man on Sunday, February 20th. Traveling southbound, the man’s car veered off the road into the woods, hitting several trees in its path.

Earlier that morning, fire and rescue divers recovered the body of a 21-year-old man from Grafton, MA, whose vehicle was found submerged in water. This fatal crash occurred at the intersection of Central Avenue and Menauhant Road, two roads that lead to the ocean. Where these roads end, drivers must make a stop and turn either left or right. Located about 100 feet ahead is the ocean. Possibly missing this stop sign, and speed, are potential factors being investigated in this recent tragedy. As a car accident lawyer helping victims in Falmouth and throughout Massachusetts and Rhode Island, Attorney David Tapalian has great empathy for those affected by these heartbreaking deaths and the sad impact they have on the Cape Cod town.

Past History of Accidents at Same Intersection

Technology Efforts to Curb Drunk Driving Crashes in RI & Beyond

February 9, 2022 | Tapalian Law

In 2019, 44% of motor vehicle fatalities in Rhode Island were attributed to drunk driving, according to the NHTSA. Further, over 10,000 drunk driving related fatalities occurred in the U.S. the same year. Clearly, this is a huge concern for drivers in Rhode Island and all over the country. As a personal injury lawyer in Providence, Attorney David Tapalian sees the dangerous outcomes when an intoxicated driver gets behind the wheel. For over 20 years, David has been helping people hurt in drunk driving car accidents in RI, MA, and FL, and knows the severe injuries and senseless deaths that occur to innocent victims all too often.

In an effort to prevent or limit these tragic crashes, the huge infrastructure bill passed by Congress includes a mandate, discussed in a recent Rhode Island Accident Lawyer Blog, requiring all new motor vehicles to come equipped with advanced technology to thwart impaired driving. By monitoring a drivers’ blood alcohol level (BAC), the technology would determine if the driver is impaired or not and potentially prevent their ability to operate the vehicle.

How the Technology Works

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.

Drunk Driving Technology May Be Reality by 2026

November 15, 2021 | Tapalian Law

Each year in the U.S., about 10,000 people die in drunk driving accidents, according to the NHTSA. In an effort to put a dent in this startling number of completely preventable deaths, Congress is making a push with an anti-drunk driving provision for new cars in its infrastructure bill. The proposed legislation, if passed, will require automakers to include technology that detects and stops drunk drivers in motor vehicles by as early as 2026. As a personal injury lawyer in Providence, Rhode Island, and Massachusetts for over two decades, Attorney David Tapalian has seen the devastation families suffer when a loved one is injured or killed by a drunk driver.

How Can Vehicle Technology Prevent Drunk Driving Accidents?

With an infinite number of safety options available in today’s newest vehicles, from sensors and cameras that detect pedestrians to approaching cars in a motorist’s blind spot, it seems logical that some type of anti-drunk driving technology would be an addition to the large menu of options. Yet, the critical question remains of exactly how to prevent drunk driving crashes with the latest in technology. The proposed bill isn’t exact, but calls for something that will “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired”. Studies will need to be conducted involving various alcohol detection systems before recommendations are provided to auto manufacturers. Infrared cameras are one example, and are currently being utilized by car manufacturers like GM and Nissan. The camera looks for signs of a lack of driver alertness, such as drowsiness or impairment, and if identified, warns the driver and if need be, takes further action. Another idea tested by Volvo involves alcohol sensors that detect a driver’s blood alcohol content (BAC) by measuring the air inside the vehicle. Ultimately, the Department of Transportation will have to make the final call as to what is the best solution to put a damper on intoxicated drivers.

Rise in Fatal Car Crashes on RI Roads: State Police “Wolfpack” Respond

July 16, 2021 | Tapalian Law

From January to early May, 23 people have been killed so far this year in Rhode Island car accidents. For the past four years, the number of deaths in Rhode Island auto accidents has increased and there are a few different theories for the increase in traffic deaths throughout the state. One thought involves the COVID-19 pandemic which saw a great reduction in the number of drivers on the road. However, having less vehicles to contend with, the motorists that were using the roads felt like they could driver faster, and more recklessly, than usual. Higher speeds result in an increased crash risk and higher likelihood of death. As other parts of daily life return to normal and more vehicles appear on the road, unfortunately, the dangerous habits that some of these drivers picked up didn’t disappear. In addition, the pandemic exponentially increased general anxiety in everyday life, which all too often correlates with an increase in drug and alcohol use. As a personal injury lawyer, Attorney David Tapalian saw an increase in RI car accidents resulting from drivers acting recklessly on the roads and driving under the influence.

Role of the Wolfpack

Formed in 2019 and nicknamed the “wolfpack”, the State Police Traffic Safety Unit makes sure that people are aware of their existence. On a quest to decrease the amount of fatal car accidents on Rhode Island roadways, the officers ensure that they are visibly present on the highways in an effort to deter reckless motorists. A recent interaction involved an officer pulling over a 19-year-old male for trying to prompt other cars to race him on the highway. The officer pulled the teen over and began the protocol to test for driving under the influence. Law enforcement stresses the importance of going through the process of conducting the entirety of the test when there is proper warrant to pull someone over. By going through the motions, people are deterred from engaging in reckless behavior in the future, including both the person in question and those who happen to see while passing. The Department of Transportation is also expected to increase funding for the Traffic Safety Unit which will be used to double the size of the “wolfpack” and keep RI drivers safer on the roads.

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

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.

$50K Policy Limit Awarded in Coventry, RI Car Accident Injury Settlement

September 11, 2019 | Tapalian Law

Attorney David Tapalian, a Coventry car accident lawyer, recently obtained a $50,000 full policy limit settlement award for a young woman injured in a horrific auto accident in Coventry. The teenager was struck at a high speed by a drunk driver and was very fortunate to survive the crash. The impaired driver, and at fault party, only had $50,000 in policy limits and only after much fighting with Allstate Insurance and finally filing a civil action, was Tapalian Law able to obtain the full policy limits for this terrible impact.

Drunk Driver Cause of Coventry Car Accident

The significant head-on collision occurred on Main Street in Coventry, Rhode Island, when the defendant crossed over the yellow line into the opposite lane of travel. The crash was clearly caused by the highly intoxicated defendant. The responding Coventry police officer provided a very thorough description in his police narrative and took his time to be extremely detailed in describing the defendant’s impairments. Found inside the defendant’s vehicle were numerous empty beer bottles, flasks with fluid, rum bottle with fluid, a cognac bottle with fluid and a full-size police style expandable baton. This individual was charged with driving under the influence of alcohol at the scene of the accident.

Dangers of Fourth of July Car Accidents

July 3, 2019 | Tapalian Law

As July 4th approaches, many Rhode Islanders are preparing for fireworks, barbecues, or a day at the beach. Independence Day is all about celebrating our freedom as a country. However, our freedom comes with many responsibilities, like driving safely. With large numbers of people celebrating the holiday, distracted and impaired drivers are taking to the roads at much higher volumes and thus, car accidents are more likely than at any other time during the summer. Rhode Island Car Accident Attorney David Tapalian wants everyone to have a fun and safe holiday, and reminds you to be aware of the dangers of driving this summer holiday weekend.

Independence Day Crashes Can Be Deadly

The National Safety Council (NSC) estimates that 565 people will be killed and 64,500 will be seriously injured in car accidents on the Fourth of July. This is almost 5 times the number of fatalities, and 6 times the number of injuries that occur on an average day. The Independence Day holiday is technically considered a four day period, which starts late on Wednesday, July 3^rd and ends on Sunday, July 7^th. Thus, any of the days during this period are known to be especially dangerous for drivers. Below is more information to keep you informed as we head into the holiday weekend.