Articles Posted in Personal Injury

uber-image-2-300x169On April 30, 2021, Will Good, a 30-year-old restaurant cook in Boston, hailed an Uber for a late-night ride home from work to his home in Somerville. No one could have predicted how life-changing this ride would be. During the commute, the driver of the Uber vehicle swerved and crashed into a parked car, the impact causing Mr. Good to hit his head on the passenger headrest and slump onto the backseat, unable to move.  Following a two month stay at Massachusetts General Hospital and an additional two months at Spaulding Rehabilitation, the Boston car accident ultimately left Good paralyzed as a quadriplegic.

As a personal injury lawyer helping victims throughout RI and MA, Attorney David Tapalian knows how critical injuries to the neck and head can be and unfortunately, many have tragic or life-altering outcomes.  A music lover who enjoyed his job cooking at Uni, a Japanese restaurant, Will Good is now confined to a wheelchair with around the clock nursing care requiring two caretakers alternating day and evening shifts.

A lawsuit filed by attorneys on behalf of Mr. Good this past Tuesday in Suffolk Superior Court, alleges Uber was negligent in hiring the driver responsible for the crash and, based on the driver’s past history, knowingly put others in harm’s way. With a questionable driving record dating back to 1996 showing multiple moving violations, crashes, at least 20 citations, and a state-imposed driver retraining, there is hardly a doubt that the Uber driver was a potential danger to others on the road.

d1e62beb9ca912ae944207879b08c173-2-300x237A South Carolina woman recently won a monumental lawsuit against Walmart alleging negligence on the part of the retail store. Originally filed in 2017, the lawsuit stemmed from an injury that took place in June 2015. While shopping at a Walmart store, the claimant, April Jones, stepped on a rusty nail left on the floor next to some pallets. The nail punctured her shoe and became lodged in her foot. Despite seeking medical treatment, infection followed resulting in the amputation of her toe. Subsequently, the infection spread to Jones’ entire right foot, ultimately resulting in the amputation of her right leg just above the knee. Ms. Jones was awarded $10 million in damages for her medical expenses. As a personal injury lawyer for over two decades, Attorney David Tapalian expertly handles premises liability claims throughout Rhode Island and Massachusetts.

What Responsibility Does a Store Have to its Customers?

In all states, including Rhode Island and Massachusetts, owners of property must make a reasonable effort to maintain their property to ensure the safety of visitors. A property owner, such as a retail store, is responsible for inspecting the condition of the property on a regular basis, making timely maintenance repairs and making every effort necessary to ensure a safe environment. If the owner fails to do so and is someone is injured on the property, the owner may be held liable for the person’s damages if found negligent.

9a90a86c2ae2d5864366b3108eeff17a-300x200Recently completed, a two-way protected bike lane on South Water Street is facing both wide support as well as opposition from local residents, businesses, and city officials.  Part of Providence’s Great Street Initiative, which proposed adding 60 miles of bike lanes, the new bike lane debuted this fall with an aim of making the city streets safer and more environmentally friendly. The majority of bike accidents take place in urban areas, and as a personal injury lawyer in Providence, Attorney David Tapalian understands the danger bicyclists and pedestrians face when sharing the road with cars, trucks, and SUV’s. A bike is no match for a heavy motor vehicle and a collision between the two will all too often result in severe injury, or death, for the bicyclist.

Part of Providence Great Streets Initiative

Dubbed by supporters as an “urban trail”, the two-way lane on South Water Street can be used by bicycles and other non-car modes of transportation, such as scooters. Ideally, it will allow a safer mode of transportation for, and reduce the risk of injury to, bicyclists and other pedestrians. In addition to improved safety, supporters tout health and climate benefits as well as the project’s ability to attract people to the city and improve the quality of life for residents. Having a safer option for those seeking alternative modes of transportation to work or school, as well as those seeking to use the lane for recreation or exercise will allow users to explore more environmentally friendly options.

DSCN5905-300x225With the beautiful Fall weather and rise in temperature over the summer months, motorcycle riders and bicyclists have taken to the streets to enjoy the open air. More than a year into a pandemic, people are increasingly more comfortable being out and itching to do so. Unfortunately, Rhode Island has also seen an increase in the amount of motorcycle accidents in the state over the past few months. As of August, Rhode Island experienced 10 fatal motorcycle crashes.  In fact, these types of collisions are about one-third of the total vehicle accident deaths in the state. In comparison, past years have seen approximately 13 motorcycle fatalities in total.  As a personal injury lawyer in Providence, RI, for over 20 years, Attorney David Tapalian has seen the complete devastation suffered by families after a losing a loved one in a tragic, and too often preventable, motorcycle accident and wants all drivers to increase their awareness of this serious safety concern. With months still left to go in 2021, it’s important for both motorcyclists and other drivers on the road to take note.

Importance of Wearing a Helmet

Plenty of data shows that wearing a helmet can significantly increase your chances of surviving a motorcycle accident, as well as minimize the severity of the injuries suffered. This is one simple step, yet a very critical one, that motorcyclists can take to protect themselves from potentially life-threatening injury. Motorcyclists are less protected than those travelling in cars and therefore, are more prone to serious and life-altering injuries if involved in a collision. Sadly, the majority of motorcyclists who were killed in crashes this year in Rhode Island were not wearing helmets, according to Peter Alviti, Director of the Rhode Island Department of Transportation.

m_Tesla_1-203x300Tesla is well-known for their innovations in the electric vehicle industry, notably their Autopilot system technology. Autopilot is not designed to be used solely without human input; however, many users treat it that way which has resulted in a rash of deadly accidents, and legal action, against the enormously lucrative company. Tesla claims their systems are designed to reduce automobile crashes caused by human error and distractions, which account for a majority of the roughly 40,000 traffic fatalities in the U.S. each year. However, the NHTSA has a dozen active investigations into crashes involving this assistive driving technology, and recently released a list of at least 10 fatalities from crashes involving Autopilot since 2016.

While Autopilot can help control certain aspects of driving the car, such as changing lanes, the driver must still maintain awareness of their surroundings despite stories of drivers that fall asleep at the wheel or read a book while relying on the vehicle technology to make decisions for them. These actions are dangerous as the system is not meant to be self-driving and can result in serious injuries, or death, to both the driver and innocent motorists, pedestrians, or bicyclists. Attorney David Tapalian is an experienced personal injury lawyer who helps victims of car accidents in Rhode Island and Massachusetts, including those crashes caused by a negligent or distracted driver.  If you’ve been the victim of a dangerous auto accident, call 401-552-5000 to see how Tapalian Law can help you hold the negligent driver liable for your injuries.

Recent Tesla Accidents 

m_woman-treadmill-run-silhouette-300x193Driven by the demand for at-home workout equipment during the pandemic, Peloton, maker of the popular exercise bikes and at-home fitness machines, experienced a huge boost in sales of their products and quadrupled their stock value.  That may soon change. This week, the company issued a recall of its Tread+ and Tread treadmills. The recall arrives amidst reports of dozens of injuries, and the death of a young child, associated with the company’s machines.

In March, a 6-year-old boy died in an accident involving a Peloton treadmill. At Tapalian Law, as personal injury lawyers, we know there is never a way to make sense of a death from a devastating accident, and it can seem perhaps even more tragic and senseless when it involves a child. Sadly, childhood injuries from accidents are the number one cause of death in kids under the age of 19, according to the CDC.

In April, the U.S. Consumer Product Safety Commission issued an “urgent warning” to owners of the treadmills to stop using them immediately. The warning came after the commission received 72 reports stating adults, children, pets, and objects had been pulled under the rear of the machine. Of the 72 reports, 29 involved children, including the death of the young boy. At the time, Peloton fought back against the agency’s request calling it “inaccurate” but has since apologized, acknowledged its wrongdoing, and issued the equipment recalls.

m_DSC_1977-2-300x253The use of recreational vehicles in Rhode Island, specifically ATV’s, has long been a contentious topic. This past January, an ATV incident came to light when a Cranston police officer tackled a motorcyclist who had pushed him. The police officer was then surrounded by a group of ATV riders and assaulted by an accompanying motorcyclist. The Cranston police chief has vowed to strengthen action taken on all-terrain vehicles and other similar unlicensed vehicles.

All-terrain vehicles, commonly known as ATV’s, are classified as recreational vehicles and their use has been an issue of concern for years to local residents throughout Rhode Island and police alike, who field complaints concerning the loud noise created by the ATV’s and, more importantly, the unsafe and improper operation of the recreational vehicles. Injuries incurred in a collision with an ATV can be serious and especially dangerous to children.

ATV Laws in Rhode Island

m_frange-batch01-02916-300x300Consider 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.

m_FRS330355-300x199Sales of boats and personal water craft like jet skis have experienced a boost this year in Rhode Island, a likely side effect of the Covid-19 pandemic. With social distancing in full effect and vacations put on hold, locals are looking for outdoor leisure activities to bring some pleasure and family-friendly activity to an otherwise disheartening summer. Like purchasing a bike lately, finding a boat to buy is tough with demand in high gear. With the boost in traffic on the water in the ocean, local ponds, and lakes, public officials are seeing a corresponding surge in boat accidents in Rhode Island and Massachusetts resulting in injuries and deaths. As a personal injury lawyer at Tapalian Law, this time of year is typically busy with car accidents due to summer travel. This summer, however, is different and we are seeing higher than average numbers of people injured in accidents and boat collisions on the water.

Causes of Boat Accidents

Known as the Ocean State, Rhode Island is always a popular summer destination for boaters. In particular Newport, Narragansett, Jamestown, Block Island, and other coastal cities and towns, experience high water traffic in the summer as do areas of Massachusetts, like Cape Cod. Sales of boats, jet skis, and other personal water craft have surged this summer due to the pandemic – their use also made more attractive by a decline in fuel prices.  Water traffic collisions and mishaps are prevalent each summer, but more so this year. Negligent behavior accounts for a significant portion of boating related injuries and fatalities, similar to the cause of the majority of car accident cases seen as a personal injury attorney. This uptick in boat accidents and water rescues can be attributed primarily not only to the increase in water traffic, but the use of alcohol, drugs, and inexperience.

WP_20140617_014-300x169Under very tragic circumstances, a 15-month-old toddler died last week after sustaining injuries from a dog bite attack in East Providence. The young girl suffered significant injuries resulting from a “pit bull type” dog and was transported to Hasbro Children’s Hospital in Providence, where she died shortly after. Two adults were also hurt, less seriously, while trying to intervene. This is an extremely heartbreaking and shocking situation to hear about, especially for an innocent child. As personal injury lawyers in Rhode Island, it unfortunately has similarities to dog bite injuries that we encounter with clients of all ages on a regular basis.

What many people don’t realize is that bites can happen with any type of dog, even the normally sweet family dog.  Many of these injuries are minor, in fact, the majority of dog bites don’t require medical care. However, statistics show that when attacks are inflicted by certain breeds, such as pit-bulls, they result in more severe damage, critical injuries, and fatalities. While injuries can occur with any type of dog, 76% of dog bite fatalities involve pit bulls and rottweilers.  Pit-bull’s, the type of breed involved in the East Providence incident, account for 66% of these deaths. The most frequent victims of canine aggression include kids, the elderly, and postal service workers.

Dog Bites & Children

Contact Information