Articles Posted in Safety

Texting-Driving-Female-1-300x225Each year, thousands of people die in distracted driving accidents. All too often, these accidents are caused by cell phone use. As of today, June 1, 2018, a new Rhode Island law goes into effect banning the use of hand-held cell phones while driving. If you are already in the habit of not using a cell phone at all while driving, or using a hands-free device, you are ahead of the game. However, for the 600,000 or so others that the National Highway Traffic Safety Administrations projected used a cell phone while driving in 2017, this is a new habit that will need to be learned quickly. At the RI personal injury law firm of Tapalian Law, we know that distracted driving often leads to severe injuries, including death.

What Does the New “Hands-Free Law” Mean for Rhode Islanders?

As Rhode Islander drivers, we know this law has been in the works for a while. Now that June 1st has arrived, what exactly does this new law mean for those driving in Rhode Island? Drivers may still use cell phones while operating a vehicle, but they must be used in a hands-free capacity. Hands-free equipment may be a headset, earbud attachment, or a hands-free system installed within the vehicle. The following rules apply to RI drivers while the vehicle is in motion:

photo_41811_20151002-300x208For most, Memorial Day marks the beginning of summer in Rhode Island and beyond. Commonly, a weekend filled with cookouts, celebrations and often, alcohol. Alcohol and impaired driving plays a huge role in why Memorial Day weekend is one of the deadliest weekends for auto accident fatalities. For the second year in a row, the National Safety Council (NSC) is predicting over 400 roadway related deaths this holiday weekend. With the excitement of warmer weather and an extra day off work for some, there are more people driving on the road. As Providence personal injury lawyers, Tapalian Law knows that driving and alcohol are a deadly combination and see the severe injuries related to auto accidents every day.

Warm Weather Holidays Deadlier for Auto Accidents

Car travel has the highest fatality rate of any major form of transportation. The summer holidays, including Memorial Day and the Fourth of July, correspond with a higher number of roadway vehicle accidents and roadway fatalities than the cold weather holidays. In Rhode Island and the New England area, we associate the winter time with more car accidents due to snow and ice. However, the summer holidays have a higher per day fatality rate than do Thanksgiving, Christmas, and New Year’s when considering the entire country. Winter holidays may also be associated with more air and train travel while car travel is more likely in the summer months increasing the number of drivers on the roads and highways. As it is throughout the year, drunk driving is a huge contributing factor in Memorial Day weekend car crashes.

photo_81528_20161009-300x225Keyless ignition is yet another big convenience added to our vehicles over the last decade or two. No longer having to fumble with a key to start up the car? Sounds great.  At Tapalian Law, RI personal injury lawyer David Tapalian is all for the latest and greatest safety technology and convenience features to make the driving experience safer and less distracting. Along with keyless ignition, the majority of newer vehicles have keyless entry, allowing us to gain entry into and start our car without every touching a key. But the truth is, this convenience can also be deadly. Lately, more attention is being brought to its potentially detrimental result- death or injury from carbon monoxide poisoning.

How is Keyless Ignition Causing Fatalities?

Keyless entry and keyless ignition are both automotive features that allow a vehicle to be entered, or the engine started, without having to manually handle a key. If the key fob is on the person, in their hand, a pocket, or purse within the designated distance range, the key fob can transmit a radio signal therefore allowing the car door to be opened or the engine started. On the other hand, it also allows the driver to exit the vehicle with the key fob while the car is still running. Many newer model cars, especially electric or hybrid vehicles, are extremely quiet leaving us to sometimes question if the engine is even running. Because the vehicle is so quiet, it can be easy to forget to turn off the engine and leave the vehicle running. Older drivers can be especially prone to doing so. But this is where the danger of carbon monoxide lies. If said vehicle is parked inside an enclosed garage attached to a home, the carbon monoxide can build up and seep into the home silently poisoning those inside, often in their sleep. Carbon monoxide is a poisonous gas that one cannot see, taste, or smell. When breathed in, it can displace oxygen in the blood depriving the heart, brain, and other vital organs of necessary oxygen. This can result in death. Those with carbon monoxide exposure that is not fatal may end up with other sicknesses and injuries such as headache, dizziness, vomiting, nausea, or unconsciousness, as well as brain damage. Some automotive manufacturers are facing wrongful death lawsuits or personal injury lawsuits as a result.

wet-floor-225x300Falls are the most common reason for emergency room visits in the U.S. each year. This type of accident accounts for 1 million ER visits yearly. A slip and fall can happen anyplace, in a residential setting or a commercial setting. Falls frequently take place at a grocery store, big box store, hotels, and in the work place.  A slip and fall can be caused by a neglected spill on the grocery store floor, a broken step or faulty hand-railing at a restaurant, a slippery pool deck on a cruise ship, and a myriad of other causes. None of us set out on our day expecting an accident but slip and falls are very common and one of the most frequent types of personal injury lawsuit. As Rhode Island slip and fall attorneys at Tapalian Law, we see people injured in slip and fall accidents on a regular basis. Injuries from a fall can range from a minor or severe injury and can be fatal. Slip and fall accidents can also be very expensive. Walmart was hit with a $7.5 million lawsuit from a 2015 slip and fall accident that took place in one of their Alabama stores.  If you or someone you love have been injured in a fall, slip and fall injury lawyer David Tapalian can help you determine if you are eligible for compensation.

Common Injuries from Slip & Fall Accidents

Injuries from a slip and fall can range from very minor, a bump or bruise, but can also be quite serious or fatal. In fact, half of all accidental deaths in the home are caused by a fall according to the National Floor Safety Institute (NFSI).  Injuries are habitually more severe in the elderly. Fractures are a very common fall injury and can be grave. Other fall related injuries are sprains, torn ligaments, head, back, neck, and shoulder injuries, brain injury, concussions, and spinal cord injuries. Falls make up 87% of fractures seen among those over the age of 65 and are the second leading cause of spinal cord and brain injury. Check out a previous Tapalian Law injury blog for potential slip and fall hazards and how to prevent them.

photo_105756_20170708-300x200Each year, over 350,000 dog bite victims visit the emergency room. In 2017, 39 people were killed in the United States by dogs. Spring has finally sprung in Rhode Island and we are all happy to get back outdoors after being cooped up all winter. It’s time for the pets to get some fresh air too. Whether you are a dog owner or not, it’s important to be aware of dogs, even ones you know well, and their potential to cause injury. It is often thought that only certain breeds of dog’s bite, like pit bulls, or only dogs who have been mistreated or neglected will try to hurt a human. But as personal injury attorneys, we known that is not the case. At Tapalian Law, we handle Massachusetts dog bite cases and Rhode Island dog bite cases and see the serious damage that a dog bite can cause to a child or an adult. Attacks don’t only happen by the strange, mangy dog you see roaming around the streets. As a matter of fact, the majority of dog bites occur from a dog owned by a friend or family member. This may mean it’s a dog you’ve interacted with many times before and seemed very sweet, but what happens when a dog suddenly feels threatened by an odd noise or just a movement a person makes? As dog bite lawyers, we know an otherwise docile dog may attack resulting in serious personal injury or even death.

Dog Breeds Most Likely to Hurt or Kill

Of the 39 dog bite related fatalities in the United States in 2017, 29 of them involved pit bulls and U.S. dog bite statistics show that pit bulls are the breed of dog most likely to be involved in dog attack incidents. The next most dangerous breed on the list is rottweilers. In 2016, pit bulls and rottweilers accounted for 77% of the 31 dog bite deaths in the United States. This number has stayed steady over the years. From 2005 to 2016, both breeds accounted for about 76% of all dog bite deaths. About half of dog bite fatalities happened from a family dog. When a pit bull or rottweiler attacks, quite often the victim is severely injured or killed. When another breed of dog attacks, the victim may be hurt but is not as often maimed for life or killed.

photo_9135_20090113-300x225Driving while distracted is of tremendous concern in Rhode Island and all over the U.S. In honor of Distracted Driving Awareness Month this April, Tapalian Law wants to help spread the message that we already know but need frequent reminding of- Just Drive. According to the National Highway Traffic Safety Administration (NHTSA), close to 3,500 people were killed in distracted driving crashes in 2015. This number in actuality is likely higher as police reports often do not fully list a reason for a car crash. As Providence personal injury lawyers, we see the full extent of these tragic vehicle fatalities as well as the personal injury that can accompany victims involved in the accident. Car accidents caused by distracted driving can cause death or serious injury and they are completely preventable.

Hands-Free Does Not Mean Safe Driving

In June 2018, it will be against the law to use a hand-held cell phone while driving in Rhode Island. Hands-free devices will be allowed. But here’s the trouble. “The human brain cannot handle two thinking tasks at once”, states an article posted on the National Safety Council website. The human brain has to switch back and forth between the two thinking tasks and the job of talking and driving is a prime example. We all think we are expert multi-tasker’s and “it won’t happen to me”, but the truth is our brains simply are incapable of performing two thinking tasks at the same time. So, if we are talking while driving, whether using a hand-held phone or a hands-free device, we are focusing on what is being said during the phone conversation and not fully on the road. Inattentiveness to the road is an easy way to cause an accident with another car, a pedestrian, a bicyclist, or even hitting something as simple as a mailbox. A distraction while driving may range from minor, such as swerving into another lane where there is no other vehicle, or major, like hitting a pedestrian in a crosswalk resulting in a fatal injury. As injury lawyers, Tapalian Law knows too well that distracted driving kills.

distracted-driving-gif-from-nsc-300x158Distracted driving is an issue that greatly affects us all personally. It also affects our children, parents, and other loved ones. Distracted driving is a serious concern in Rhode Island and beyond. It is a major cause of the almost 40,000 motor vehicle deaths that occurred last year in the United States. Tapalian Law is a Providence personal injury law firm that sees the aftermath of car crashes every day. Distractions such as cell phones, texting, and GPS systems, are all too often the cause of a crash that can result in death or tragic personal injury. Perhaps most disturbing is that distracted driving deaths are completely preventable. April is Distracted Driving Awareness Month and to bring awareness to this serious matter, Rhode Island recently joined the first-ever coordinated advertising campaign against distracted driving.

“Just Drive New England”

In an effort to promote National Distracted Driving Awareness month this April, Rhode Island joined forces with nine other Northeastern states as well as Puerto Rico and the U.S. Virgin Islands in the “Just Drive New England” initiative. This campaign will utilize enforcement and education to inform the public of the extreme dangers of distracted driving. Distracted driving can take place in many forms. It may be using a cell phone to talk, text, or send an email, applying makeup, adjusting a music station, chatting with passengers, amongst other distractions while operating a motor vehicle. Driving distracted can be as deadly as drunk driving, speeding, or aggressive driving, according to the Rhode Island State Police. The goal of the “Just Drive New England” campaign is to inform and educate drivers of these dangers and change their driving habits. The National Safety Council shares further information on their website about distracted driving and the “Just Drive” initiative.

file0001647280363-300x225Rhode Island recently joined the ranks of six other states to ban a particular style of highway guardrail, the Lindsay X-LITE, due to concerns over the barriers crash safety. The X-LITE guardrails are believed by some to cause potential death or personal injury in car accidents by piercing, or impaling, the vehicles that come into contact with the barrier during a car crash. Several fatal crashes in the U.S. have involved this style of guardrail and the Rhode Island Department of Transportation plans to remove all of them “out of an abundance of caution”, per DOT spokesman Charles St. Martin.

Rhode Island Fatality Due to X-LITE Guardrail

There is one known fatality in Rhode Island involving the X-LITE guardrail. The auto accident fatality took place in Glocester, RI in May 2016. According to the police report, a 29-year-old Massachusetts man driving a pickup truck struck a 10-foot section of the guardrail, rode over the top of the barrier into a utility pole and down an embankment into a tree. The victim was pronounced dead at the scene. However, Glocester Police Chief Joseph DelPrete attributes the cause of the accident and its severity to excessive speed, as opposed to a faulty barrier. Chief DelPrete states the truck was driving 90mph on a tight road. The RIDOT did not review this particular incident or determine whether the guardrail is a safety hazard.

photo_40353_20150826-300x205With countless safety options available on newer vehicles today, it is understandable the choices can be overwhelming. However, it’s worth taking the time to understand, even in simple terms, what options are available as many of them are expected to, or have already proven to, assist in preventing car crashes resulting in serious personal injury or death based on National Highway Safety Transportation Administration (NHTSA) studies.  In Part 1 of our personal injury blog on Driver Assistance Technologies- Sorting Through the Options, we explained the features of Automatic Emergency Braking Systems (AEB), Pedestrian Automatic Emergency Braking (PAEB), and Backup Cameras, or rearview cameras. In May 2018, backup cameras will be mandatory on all new vehicles. As of now, backup cameras are the only one of these technologies that will be required shortly, but as further crash and safety studies become available, the NHTSA may add further features to the list of required technologies to be mandatory in new vehicles. In Part 2 of this Tapalian Law personal injury blog, we will look at the features and benefits of Forward Collision Warning Systems, Lane Assist or Lane Keeping Support Systems, Blind Spot Detection, and Automatic Crash Notification Systems (ACN or Call 911). These selections are available as options on many of the newer vehicles today.

Forward Collision Warning System (FCW)

How They Work: A forward collision warning system works by using sensors to detect a vehicles speed, speed of the vehicle in front of it, and the distance between the two vehicles with the goal of avoiding or mitigating a rear-end crash. If the rear vehicle is getting too close to the stationary or slower moving automobile ahead of it, the FCW system will warn the driver of an impending crash so the driver is alerted to apply the brakes or steer in another direction to avoid a potential accident. The type of warning may be an audio or visual alert.

technologyIn 2016, over 37,000 people died in motor vehicle accidents. The majority of fatal crashes each year are due to driver error, or driver choice, and most are preventable. In addition to awareness programs bringing attention to drunk driving and distracted driving, the National Highway Safety Traffic Administration (NHTSA) is fervently promoting motor vehicle technologies that can potentially reduce the number of crashes caused each year that result in death and personal injury. We often hear about these new automobile technologies, but the choices can be overwhelming and confusing, especially if you are not a technology buff. In this Tapalian Law personal injury blog we will break down some of the options recognized by the NHTSA and explain how they can support motorists with further awareness and hopefully decrease the number of harmful auto crashes causing death and personal injury in Rhode Island and all over the U.S. If you are in the market to purchase a new vehicle, many of these features are currently available on newer vehicles as special options so you may want to explore these features further to determine what safety technologies are most important to you when shopping for a new car, truck, or SUV.

Automatic Emergency Braking Systems (AEB)

How They Work: Automatic Emergency Braking Systems, also called AEB, use a combination of sensors to detect an impending forward crash with another vehicle in time to avoid, or reduce, the effects of the crash.  Once an impending crash is sensed, the first step in the system is to alert the driver, (possibly by sound, display on the dashboard, or both), to take corrective action. If the driver does not take action to avoid the crash, the AEB system may take over and automatically apply the brakes to prevent or diminish the impact of the crash.

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