Rhode Island Accident Lawyer Blog

Considering Surgery After an Injury

May 18, 2023 | Tapalian Law

When you suffer a painful injury, it’s normal to want the quickest solution to end the discomfort, particularly when the pain affects your quality of life or ability to work. For instance, an avid runner with a knee injury is left unable to practice the sport they love and enjoy the benefits of being physically fit. In many cases, pain from an injury can negatively affect a person’s ability to perform the qualifications required by their job and earn a living. A construction worker required to lift heavy loads will be negatively affected by a shoulder injury and unable to adequately perform their job requirements. If your ability to enjoy a certain quality of life or make enough money to support your family has been compromised due to an injury you suffered in an accident, discuss your legal options with a Rhode Island personal injury lawyer. Attorney David Tapalian will ensure your legal rights are protected and you receive the proper medical treatment needed to regain your quality of living.

When Surgery is Recommended

When receiving treatment after an injury you suffered in an accident, your doctor will recommend a plan of care. A number of factors will be accounted for when advising what medical care options are best now, and potentially in the future. Depending on the type of injury and what body part is affected, surgery may be recommended by your physician. If the injury was a result of negligence, like an auto accident or motorcycle crash, the insurance company’s medical opinion will also be taken into consideration. The insurance company representing the at-fault party will consult with their own team of medical experts to make recommendations based on what is in the best interest of protecting the company and assessing liability. Sometimes surgery will be the most effective option, however there may also be alternative methods of care to consider, like physical therapy, although not all medical professionals will take these into consideration or discuss them with the patient.

Pedestrians in Rhode Island: Are We Safe?

April 5, 2023 | Tapalian Law

An unfortunate series of pedestrian accidents in Providence and elsewhere in Rhode Island this year have brought to light the question of whether or not pedestrians are safe crossing the street in the state. Circumstances surrounding each incident are different, yet each had a tragic outcome. A driver in Westerly who hit and killed a pedestrian was accused of drunk driving. On North Main Street in Providence, a female motor vehicle operator hit a pedestrian and fled the scene; the man died and the driver was tracked down using local video footage. Near the state house, a well-known local, Superior Court Judge Richard Licht, was seriously injured by a car while walking across Smith Street. As a personal injury lawyer in Providence, RI for over 20 years, Attorney David Tapalian has helped a number of people hurt in pedestrian accidents throughout RI and MA and knows the outcomes of these dangerous collisions are frequently tragic resulting in severe or life-threatening injuries.

RI Pedestrian Deaths

In 2020, Rhode Island experienced 17 pedestrian fatalities, according to the most recent data provided by the National Highway Traffic Safety Administration (NHTSA). Based on the number of total traffic fatalities that year, 67 traffic accident-related deaths, pedestrians accounted for 25.4% of the total traffic fatalities in Rhode Island. Clearly, the safety of those on foot is a concern.

Airbag Recalls Prompt “Do Not Drive” Order

November 22, 2022 | Tapalian Law

Drivers in Rhode Island, Massachusetts, and across the U.S. are being urged by automakers to check their vehicles for airbag recalls as another death was confirmed this month related to a Takata airbag inflator. The vehicle involved in the fatality, a 2006 Ford Ranger pickup truck, was part of a major recall and issued an urgent “do not drive” warning in 2018. It had yet to undergo repairs. Additional fatalities believed to be caused by malfunctioning airbags recently prompted Stellantis (formerly Fiat Chrysler) to issue an urgent “do not drive” order for certain 2005-2010 motor vehicles. Makes and models include the Dodge Charger, Magnum, and Challenger, and the Chrysler 300. The company is urging drivers of these cars who have not yet undergone a vehicle inspection in accordance with previous recall campaigns to not operate the vehicle until they have it inspected and repaired as deemed necessary. Attorney David Tapalian has helped clients throughout RI and MA who have been injured in auto accidents due to airbags and vehicle malfunctions. A faulty airbag can cause serious personal injury and even death. While airbags save the lives of thousands each year in car crashes, a defective airbag can dangerously put a driver and passengers in harm’s way.

Why are Some Airbags Dangerous?

Over time, when exposed to high heat and humid conditions, it’s been shown the metal parts inside the defective airbag may rupture. These explosions of shrapnel can result in severe injuries or death to the driver and/or their passengers. The National Highway Traffic Safety Administration (NHTSA) has confirmed at least 22 deaths in the U.S. due to defective Takata airbag inflators, and over 400 alleged injuries. Takata supplied these defective airbags to a large number of automakers, resulting in one of the biggest recalls in U.S. history. According to the NHTSA, approximately 67 million air bags are included in the recall in tens of millions of vehicles.

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

Uber Lawsuit Seeks $63 Million

January 28, 2022 | Tapalian Law

On 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.

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.

$10 Million Awarded in Walmart Premises Liability Lawsuit

December 15, 2021 | Tapalian Law

A 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.

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.

Mass. Drivers May Soon Collect More After an Auto Accident

November 5, 2021 | Tapalian Law

You’ve finally purchased that new car. You negotiated a fair price and got the color you wanted. As you drive it off the lot, another car comes speeding along and slams into you from behind. Have you heard this story before? As injury lawyers serving MA and RI, we’ve heard it more than a few times. If you’re fortunate enough to avoid serious injury, your next concern is likely worrying about the money you just lost in a matter of seconds.

How Much Value Does a Car Lose After an Accident?

Currently, if your vehicle is damaged in an auto accident in Massachusetts by another driver who is at-fault, the at-fault driver’s insurance company is responsible for paying for your vehicle repairs. That’s well and good to get you back on the road, but what happens when you decide to sell that car in the future? When it comes to resale, you’re likely going to get less money for that same car because it’s been involved in a crash.