Articles Posted in Reckless 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.

Three young woman from West Warwick are the victims of a fatal car accident in Pawtucket. The deadly crash occurred on Walcott Street last Thursday. The driver of the vehicle, 21-year-old Jahighway accidentmes Belanger of Pawtucket, is believed to have been speeding prior to losing control of his vehicle. The car crashed into a utility pole killing two of the young woman instantly, the third later died at Rhode Island Hospital. The driver and another front-seat passenger incurred minor injuries. At this time, it is unknown if the victim’s families have hired a lawyer to file a wrongful death case against the driver.

Pawtucket Police Describe Crash Scene as “Devastating”

When the vehicle hit the utility pole, the impact tore the back seat from the front seat. None of the young ladies in the back seat were wearing a seatbelt and all were ejected from the vehicle. The front seat passenger, who is an accident witness, was wearing a seatbelt and survived the wreck. The National Highway Traffic Safety Administration (NHTSA) states that of the over 35,000 people killed in car crashes in 2015, 48% were not wearing a seatbelt.

American Automobile Association (

AAA

) released a report last month saying that young, millennial drivers exhibit the riskiest driving behavior of all age groups, by far. In fact, 88% of the 19-24-year-old’s polled admitted to at least one “risky driving behavior” in the last month. Witness the

recent crash in Texas that killed 13 people

. The driver who caused the crash, a 20-year-old, admitcell-phone-300x225ted to texting while driving prior to the crash. In addition to texting while driving, other risky, or negligent, driving behaviors are talking on a cell phone, eating, drinking, putting on makeup, turning to chat with passengers, fiddling with the radio- anything that takes a driver’s full attention away from the road. A scary finding? We, at Tapalian Law, say yes. Unfortunately, we have seen the repercussions of the types of car accidents that can be caused by a negligent driver and the impact a serious car accident can have on the victim. Results of a car accident caused by risky, or negligent, driving practices can be deadly, or cause catastrophic injuries with life-long results.

February has been a fatal month for car accidents and pedestrian accidents in Rhode Island. Nine people have been killed in Rhode Island traffic accidents so far in 2017, six of the deaths have occurred this February. The most recent fatality took place just last week in Coventry whenfile4931264430635-225x300 19 year old Matthew O’Gara was struck in a hit and run by a truck with an attached plow while walking down the street with a friend. The truck driver fled the scene. Fortunately police were able to use surveillance cameras from a local business to track down the driver and 34 year old William Fallon of Coventry has been arrested in the hit and run. Fallon faces charges of driving to endanger with death resulting and failing in his duty to stop in an accident resulting in death.

After a high number of motor vehicle accident related deaths this month, the Rhode Island State Police say they will “crack down on speeding, aggressive driving and other motor vehicle violations”. In addition to the recent hit and run fatality in Coventry, the other motor vehicle fatalities in February occurred in West Warwick, Scituate, and North Smithfield, and Richmond, RI.

Drivers Have A Duty to Stop in Rhode Island After An Accident

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It is easy to see why so many people choose Martha’s Vineyard as a vacation destination — it is a gorgeous place to relax and unwind. Unfortunately, it is also easy to see how a driver could cause a rear-end accident because he or she is distracted by the scenery.

Distracted driving is one of the most common reasons for rear-end accidents. When you add an unfamiliar location where people are busy looking at the sights outside of the car windows or busy trying to read road signs or look for landmarks to help guide them to their final destination to the other common distractions that cause accidents, rear-end accidents can be common. If you are injured in a Martha’s Vineyard accident, call our RI & MA rear-end accident attorneys at

401-552-5000

for a free legal consultation.

What is the Wrongful Death Law in Rhode Island?

The Wrongful Death Law in Rhode Island, in brief, entitles an eligible person (usually a spouse, child, or parent) to pursue and recover damages on behalf of a person whose death was caused by the wrongful act, neglect or default of another. Wrongful death cases are often brought on behalf of the spouse or children of the deceased.

§10-7-1 Liability for damages for causing death.

Who is eligible to bring a Wrongful Death Action in Rhode Island?

Action on a wrongful death case must be brought by and in the name of the executor or administrator of the deceased person. Amounts recovered are to be divided up between the spouse and children. If there is no spouse, full proceeds go to the children. If there are no children, full proceeds go to the spouse. If there are neither spouse nor children, proceeds go to the next of kin.

§10-7-2 Persons who may bring actions – Limitation of actions – Minimum recovery period.

Without an executor or administrator, or if said executor or administrator do not file an action within 6 months of the death, then a claim can be filed on behalf of all the deceased’s beneficiaries.

§10-7-3 Action by beneficiaries

What is the Statute of Limitations for a Wrongful Death case in Rhode Island?

Action must be taken within 3 years after the death of the person. If the death was caused by a wrongful act, neglect or default which is not known at the time of death, action must be taken within 3 years of the time that the wrongful act, neglect, or default is discovered, or should have been reasonably discovered.

§10-7-2 Persons who may bring actions – Limitation of actions – Minimum recovery period

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In the past, vehicles were designed to provide safety to passengers in a collision. Airbags and seat belts are examples of safety features car designers added to vehicles to help reduce the risk of serious injury and death. Today’s manufacturers and engineers are focused on preventing accidents in addition to reducing the risk of injury in an accident. Some of the latest advances in the automotive manufacturing field help save lives by providing alerts to the driver before an accident occurs. Below are four of the latest technologies you can find on new vehicle models that are focused on preventing collisions.

  1. Adaptive Headlights

Headlights have changed over the years to improve visibility. The latest trend is a design that changes directions to increase lighting around hills and curves. Adaptive headlights also adjust the intensity of light when the vehicle is in traffic to reduce glare for the driver. The benefit for drivers is that they can see road hazards sooner and be alerted to pedestrians after night.

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People make all kinds of New Year’s resolutions from losing weight to improving their finances. Even though almost half of Americans admit they make New Year’s resolutions, only about eight percent of those individuals will keep their resolutions and reach their goals.

One resolution that every driver should make and keep is to become a safe driver in 2017. There are far too many motor vehicle accidents each year in the United States. Thousands of people are killed and injured each month throughout the country. If every driver would resolve to break bad driving habits, we could reduce the number of tragic car accidents. Below are several New Year’s resolutions that can help you become a safer driver in 2017.

  • I Resolve to Wear My Seat Belt – 

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How serious is underage drinking during the holidays? According to information from the Substance Abuse And Mental Health Services Administration (SAMHSA), more than 11,000 young people between the ages of 12 and 17 years will try alcohol for the first time on any given day during December. With approximately 400 young people under the age of 21 years dying each month from alcohol-related causes, underage drinking is an extremely serious problem during the holidays and throughout the entire year.

As an experienced Massachusetts DUI accident attorney, I see the devastation caused by drinking and driving for victims and their families. This holiday season, take steps to prevent drinking and driving by protecting your teen driver from underage drinking.

Talk to Your Teenager About Underage Drinking

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Are you busy decorating your home for the holidays? Does it seem you are always on the road running errands or shopping? Do you feel as if you are simply dragging because you are exhausted? If so, you could be at risk for a fatigued driving accident this holiday season.

If you are involved in a car accident, remember the Martha’s Vineyard car accident attorneys are always here to answer questions and help protect your best interests. Call

401-552-5000

or use our online

contact form

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