Articles Posted in Reckless Driver

468bddc63e662ecf3a104b26db86c196-300x206Head-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.

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

highwayAs 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.

m_o_2n6vqaKqA-300x200Normally 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

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.

bicyclistSome things in life you just can’t plan ahead for, like the recent Covid-19 pandemic. Hundreds of Rhode Islanders lost their lives, and our lives now, and moving forward, will be very different. Serious accidents, in comparison, have some similarities- they can be deadly, almost impossible to plan ahead for, and the after- effects are often life-changing. Take for instance, the recent surge in bike sales across the U.S., due to people itching to get outside and move again, while still social-distancing. Many who haven’t ridden a bike in years are again enjoying the pastime. Unfortunately, with the uptick in cycling, however, comes a corresponding increase in bike accidents. As a personal injury lawyer in Rhode Island, Attorney David Tapalian knows well the unexpected turmoil a critical bicycle accident can put upon a victim as well as their family. No one wants to think about death or serious injuries, but by taking a few steps prior to your next bike trip, you may be able to save yourself, and your family, some difficulties in the event you do experience a bicycle crash.

It’s Not Just You, It’s the Drivers…

Though not always the case, negligent motor vehicle operators are frequently the cause of a bicyclist getting hurt. Even the most prepared and careful cyclist can fall victim to a negligent driver. Drivers are distracted more than ever by cell phones. The ping of a text or a social media update is just too tempting for some to ignore, even while driving 60mph. In addition to technology, negligence can take the form of drunk driving, speeding, road rage, even plain inexperience. As a Rhode Island personal injury attorney, David sees an abundance of serious bicycle accidents in Providence and all over the state, caused by distracted drivers. These types of crashes are completely preventable. Why should an innocent cyclist die because of a text message?

pedestrians in streetMotor vehicle accidents involving pedestrians have been on a sharp rise over the past decade throughout the country. In fact, pedestrian fatalities have increased 35% since 2008, compared to a 6% decrease in all other motor vehicle crashes in the same period. A recent report by the Governors Highway Safety Association estimates 6,227 pedestrians were killed on U.S. roads in 2018.  Based on preliminary 2018 data, this is the highest number of pedestrian deaths due to car accidents since 1990. Why are pedestrians in Rhode Island and the U.S. at such a high risk for getting killed by a car?  Automobiles are safer than ever with the latest technology and innovative safety features including sensors that tell a driver when a person or another vehicle is too close. Rear backup cameras in particular are mandatory for vehicles manufactured after May 2018. As RI personal injury lawyers, we certainly recognize the importance of these safety features however we know no amount of technology can make up for one of the most dangerous types of drivers, a driver distracted at the wheel.

Causes of the Rise in Pedestrian Accidents

One of the main sources of pedestrian injuries and accidents in Rhode Island, and the entire country, is distracted driving.  Distracted driving, commonly taking the form of texting and overall smartphone use while operating a vehicle, might also include the distractions of other passengers in the car, loud music, eating or drinking. A rise in population growth, specifically in cities, is another reason for the uptick in pedestrian injuries and accidents. Cities like Providence RI are a hotbed for pedestrian activity. With multiple colleges and universities throughout the city, on any given day thousands of people are walking the streets. What makes pedestrians more likely to be hurt in a car accident in Providence, is that many of the thousands of college students are new to the city and therefore not familiar with the city’s roads and infrastructure. As personal injury lawyers in Providence RI, at Tapalian Law we have seen a number of clients hurt in car accidents caused by out of state drivers. Inexperienced pedestrians and inexperienced drivers are a dangerous mix.  Other factors attributed to the rise in pedestrian fatalities include weather conditions, fuel costs, and the upsurge of SUV’s on the roads.

car dashboardBuying a new car today requires a lot of research, not just to review safety scores and dependability, but to choose from the myriad of safety options and technology that are available. A number of safety features now come standard when purchasing a new vehicle, such as back-up cameras required in all new vehicles effective May 2018, but other options will bump up the sticker price quite a bit.  While some auto buyers won’t mind the price jump if they feel they are getting the most advanced safety and technology features out there, other buyers will be deterred by the costly options. We explained how a number of these features work in a two-part Tapalian Law Rhode Island Accident Lawyer blog, Driver Assistance Technologies- Sorting Through the Options Part 1 and Part 2.

With all of the cutting-edge safety technologies available, some critics still think not enough is being done to keep drivers and pedestrians safe from car accidents. The goal should be “fewer, not smarter, cars”, reports opinion writer Allison Arieff in a recent New York Times article, because despite all of the latest cutting-edge features available in today’s new vehicles, far too many fatal car accidents and serious injuries are still happening.

Increase in Pedestrian Deaths

coventry-car-accident-PIC-300x169Attorney 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.

ae6420996a78ec187173ea935b782226-300x199After two years of litigation, a jury awarded $3.8 Million to 24-year-old Anthony Ellis for damages sustained in a serious motorcycle accident. The crash left the motorcycle rider with life-changing injuries. The award, $3.5 Million of which is for non-economic damages, will help the accident victim regain a sense of direction and find closure after an arduous physical recovery and contentious legal battle. As personal injury lawyers at Tapalian Law, we know the severity of injuries that can result from a motorcycle crash. We help victims of motorcycle accidents in Rhode Island and Massachusetts recover compensation after being hit by a car and suffering life-threatening complications like head trauma, brain injuries, and broken bones. Recovery from a major collision is often painstakingly extensive for the hurt victim and a tumultuous time for the person’s family.

Insurance Company Refused Settlement for Accident Injuries

The crash took place in 2016 while Ellis was riding his motorcycle north on U.S. Highway 301 in Riverview, Florida and he was “t-boned” by the driver of a car who made a left turn in front of him. The collision threw Ellis and his motorcycle into a drainage ditch causing him severe injuries that required lengthy medical treatment. His left knee required surgical reconstruction and the bones of his left foot were dislocated and broken. The victim also broke his right finger and right toe, and pieces of gravel were removed from his right knee. For over a year the at-fault driver’s insurance company, GEICO, chose not to settle the injury claim within the parameters of its insureds’ coverage. They disputed the accident was the full fault of their insured by claiming Ellis was riding his motorcycle with the headlights off. The lawsuit was filed on behalf of Mr. Ellis in the Florida judicial system after his lawyers were unable to negotiate a reasonable settlement with GEICO.

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