Rhode Island Accident Lawyer Blog

City Not Responsible for East Providence Bicycle Accident Injury

April 12, 2019 | Tapalian Law

A recent state Supreme Court decision upheld a ruling declaring the City of East Providence is not liable for a teenager’s bicycle crash injuries that occurred in a city park. The incident, which took place in 2010, involved a teen who suffered a broken arm in a bike accident in Rumford’s Glenlyon Park. Then 17-year-old, Austin Yattaw, suffered a double compound fracture to his left arm after being thrown from his bike while riding down a grassy slope on the side of a stairway at the park. The front tire of his bike wedged in between a crack in the retaining wall below causing him to be thrown from the bike resulting in injury. In 2013, a lawsuit was filed on behalf of Yattaw alleging the City of East Providence was negligent in maintaining the park and was responsible for his injuries. The city is protected by the state’s Recreational Use statute. As Rhode Island personal injury lawyers, we are familiar with this term, but most people aren’t familiar with this state law and how it protects certain Rhode Island land owners.

What is Rhode Island’s Recreational Use Statute?

The purpose of the state’s Recreational Use statute is to “encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to persons entering thereon for those purposes”, as stated in Rhode Island General Laws, Chapter 32-6 Public Use of Private Lands – Liability Limitations. By allowing use of the land for recreational purposes, either directly or indirectly without charge, the landowner is essentially not liable and does not extend any assurance that the premises are safe for any purpose. The land owner does not assume responsibility for, or incur liability for, any injury to a person caused by an act of omission on the part of that person, nor does the land owner owe a “duty of care” to that same person.

RI Drivers to Receive $2 Million from Progressive Insurance

April 5, 2019 | Tapalian Law

If you’re a driver in Rhode Island you’ve probably heard by now that Progressive Insurance Company agreed to repay approximately $2 million to current and former Rhode Island customers. Why? Over a period of five years, Progressive Insurance Company improperly charged some Rhode Island drivers for their car insurance policies. The Rhode Island Department of Business Regulation and Progressive Insurance entered into a consent agreement in February 2019 which amounted to money being reimbursed to potentially 4096 Rhode Island policyholders that were affected. In addition to the reimbursement, Progressive agreed to pay a fine of $10,000. As personal injury attorneys in Rhode Island and Massachusetts, Tapalian Law works with large insurance companies on a daily basis negotiating on behalf of injured car accident victims. The negotiation process is a constant back and forth battle to get fair compensation for our clients who have truly suffered harm in a car accident caused by one of these big insurance companies insured. The insurance companies want to compensate those injured in a car crash as little as possible to protect their bottom line. For Rhode Island personal injury lawyers, it’s a reminder of how unfair a fight it is for an individual to go up against a powerful company on their own and how important it is to have an experienced car accident attorney like David Tapalian on your side to make the fight a fair one.

Progressive Not the First Auto Insurer to Pay Out to Rhode Island Drivers

To a large, national company like Progressive Insurance, $2 million is a drop in the bucket. But to the consumer, some who struggle to make ends meet each month, the refund will be a welcome reprieve. Progressive is not the first insurance company to pay out to Rhode Island drivers. As reported by WPRI in 2018, Esurance Property and Casualty Insurance Company agreed to pay $223,963.40 to 279 Rhode Island policy holders as a refund for surcharges made in error on the part of Esurance. Auto insurance companies that advertise heavily frequently enter into consent agreements and usually do not admit liability and keep the fine out of the public eye.

Can a Stroke Result from a Car Accident?

March 8, 2019 | Tapalian Law

In light of the recent sudden, and unfortunate, death of actor Luke Perry of Beverly Hills 90210 and Riverdale fame, strokes and their causes are receiving renewed attention. There are many causes for a stroke and although most are unrelated to auto accidents, as personal injury attorneys in Rhode Island and Massachusetts, we are often asked the question- can a car accident cause a stroke? A stroke can, in fact, be a result of a car accident under certain circumstances, such as severe whiplash resulting from a crash. Even a modest impact in a collision can result in whiplash significant enough to cause an arterial dissection. An arterial dissection takes place when the lining of an artery tears and separates from the vessel wall. This may occur from excessive trauma in the neck area. Experiencing serious whiplash can result in a blood clot forming at the tear site and once this tear occurs, it can travel to the brain to block the flow of blood to the brain tissue. Though arterial dissection’s do not account for a high number of strokes, they can still cause considerable difficulties after a trauma. Aside from an arterial dissection, significant head trauma occurring from a wreck can result in a stroke taking place in the weeks or months following an injury.

You May Be Entitled to Compensation if You Suffer a Stroke Due to a Car Accident

If you suffer a stroke caused by a car accident in Rhode Island or Massachusetts, you may experience substantial lifelong damages. If you are unable to recover to your pre-stroke abilities, you may be rewarded extensive compensatory damages. The experienced RI and MA car accident lawyers at Tapalian Law know how to present your damages in order to seek maximum compensation on your behalf for your losses. Car accidents causing a stroke can have a significant monetary value and the insurance companies know this. Aggressive insurance companies will fight hard to prove your stroke was not a result of the injuries caused by their insured so they aren’t responsible. This is why you need a top-rated Rhode Island car accident attorney like David Tapalian on your side to fight for your legal rights. Following is a list of some of the damages your injury lawyer may present on your behalf after you suffer a stroke resulting from a car crash in RI or MA:

Gender Equality for Drivers in Massachusetts May Mean Higher Premiums for Some

February 17, 2019 | Tapalian Law

When it comes to buying auto insurance, many risk factors contribute when setting rates. Common factors considered are age, gender, location, type of vehicle, and driving record, to name a few. Massachusetts car accident lawyers know auto accident statistics show male drivers get in more accidents than female drivers, and therefore females typically have lower premiums due to being less of a risk factor to the insurance company. But for Massachusetts drivers, this is not the case. Although an individual’s driving record and car accident history carry heavy weight in determining Massachusetts car insurance premiums, gender is no longer a risk factor for Massachusetts drivers buying auto insurance. This may mean higher insurance bills for female drivers, who no longer benefit from what typically equates to a lower rate based on their gender, and perhaps lower premiums for males. Whether or not drivers agree with this modification, the Seekonk, Massachusetts car accident attorneys at Tapalian Law know how extremely important, and valuable, good auto insurance is when you get hurt in a car accident.

Focus Moves to Driving Behavior to Determine Car Insurance Rates

Lawmakers and regulators have long been pushing to put more focus on driving behaviors and safe driving records when setting car insurance rates, rather than criteria like gender, that seem less related to risk. Aside from teenage drivers, a category where statistics show year after year male teenagers consistently get in more car accidents than their female counterparts, on a national level gender does not play that big of a role in the price difference for car insurance after the teen and young adult years. Car accident attorneys in Massachusetts continue to see a large number of auto accidents resulting in personal injury caused by distracted driving, drunk driving, and speeding. Lately, insurance companies have become stricter about penalizing reckless driving habits. Negligent driving habits like distracted driving, including use of a hand-held cell phone to talk or text while operating a motor vehicle, are increasing car insurance premiums at a higher rate. For example, a ticket for distracted driving bumped up insurance premiums by nearly 20 percent in 2018, compared to a barely 2 percent increase in premium three years earlier. Factors that increase car insurance premiums even greater than distracted driving are speeding tickets and being arrested for driving under the influence, DUI or DWI. Putting gender aside, car insurance rates have increased across the country says Alyssa Connolly, Director of Market Research for Zebra, an online search engine allowing consumers to price-compare car insurance policies, stating “it’s the highest its ever been nationally. Rates are up this year for 83 percent of Americans.” The average car insurance premium in the U.S. is at $1,470, up 23 percent from 2011. A recent post on the Tapalian Law Rhode Island Accident Lawyer Blog, showed that right over the Massachusetts border, Rhode Island drivers pay the fourth highest car insurance premiums in the U.S.

Postal Workers Suffer Serious Injuries from Slip & Fall Accidents in RI & Mass

January 18, 2019 | Tapalian Law

The most common reason for emergency room visits? Slip and fall accidents. Over a million visitors frequent the ER each year as a result of a slip, trip, or fall. The Providence personal injury lawyers at Tapalian Law know just how serious a personal injury that results from a slip and fall accident can be. Winter snow and ice make for more frequent, and dangerous, slip and fall injuries specifically to us in the Rhode Island and Massachusetts area. But not everyone can stay inside and cozy up in a snowstorm. A number of occupations must continue to work despite poor weather including police officers, firefighters, and medical personnel. We also count on postal workers for important home and business mail and package deliveries. Postal employees who deliver mail are particularly vulnerable to the threat of slip and fall accidents caused by snow and icy conditions. If you have been injured at work or at home in a slip, trip, or fall in Rhode Island or Massachusetts, contact Providence personal injury attorney David Tapalian to see if you are eligible to seek compensation for your injuries. Visit our Rhode Island Accident Lawyer Blog for ways to prevent slip and fall incidents and steps to take after a slip and fall accident.

USPS Asks Customers for Help to Prevent Slip & Fall Injuries

Due to an abundance of postal delivery employees who suffer from slip and fall accidents each winter, the United States Postal Service (USPS) is asking customers for help during the wintry weather. The USPS asks customers in Rhode Island, Massachusetts, and other areas hit hard by winter conditions to keep walkways, sidewalks, and areas around mailboxes clear of snow and ice to help prevent a fall. Customers are requested to shovel, sand, and ice their walkways, sidewalks, and surrounding mailbox area, as necessary to assist deliveries made on foot. If your mail is delivered by a mail truck, customers are asked to clear enough snow from around the mailbox to allow the mail truck safe delivery access. Postal delivery employees don’t want to inconvenience customers by skipping a delivery, however if conditions are not clear or safe to deliver on foot or by mail truck, the workers are instructed to skip the delivery and hold onto the mail or packages until safety conditions improve.

Teen Drivers in Rhode Island: Making the Roads Safer for the Newly Licensed

December 14, 2018 | Tapalian Law

Motor vehicle accidents are the leading cause of death for Rhode Island teenagers aged 15-17 and the leading cause of fatality and injury for adolescents nationwide. Over the year’s vehicle safety has improved tremendously, but teenage drivers have not. In fact, the first year with a license is the most dangerous period in a driver’s life, according to AAA. The Providence personal injury lawyers at Tapalian Law focus on helping the victims of auto accident injuries and often the accidents resulting in fatalities or serious injury involve teenage drivers. We know from experience, and statistics show, that new teen drivers have a high likelihood of experiencing a crash or “close call” as newly licensed motor vehicle operators. Newly licensed teen drivers are also four times more likely to engage in risky road behaviors like sudden acceleration, abrupt braking, and hard turns. Couple the impulsiveness and inexperience of adolescence with a near-constant need for technology, and a recipe for disaster is created for teen drivers in Providence, Rhode Island and beyond.

Lack of Judgement Common Culprit in Teen Crashes

Crash investigations commonly show the cause of teenage car crashes is not a lack of skill, but a lack of judgement. Responsible driving requires good judgement, a solid attention span, the ability to juggle and prioritize multiple functions, and shrewd decision-making skills. Biologically speaking, these are not yet a concrete part of the skillsets of most still-maturing teenagers. However, with gained experience teenage drivers can learn to be safer. As a RI accident injury lawyer, Attorney David Tapalian witnesses the huge impact distracted driving has on car accidents. Rhode Island law prohibits hand-held cell phone use while driving. The cell phone law is even more specific pertaining to new drivers under the age of 18. In the Ocean State, vehicle operators under age 18 are banned from using any kind of wireless communication device while driving, including all handheld and hands-free cell phones and text messaging devices. Despite the illegality, motor vehicle lawyers know from first-hand knowledge, adults and teenagers alike still text and chat on a cell phone while driving, as mentioned in our Rhode Island Accident Lawyer Blog. According to a survey by AAA, almost 70% of teenage drivers admit to talking on a cell phone and over half admit to reading a text message while operating a vehicle in the past 30 days. Almost all adolescent drivers admit to keeping their cell phone turned on while driving a car.

Rhode Island Car Insurance Premiums: 4th Highest in U.S.

December 6, 2018 | Tapalian Law

Car insurance is an expensive purchase, particularly for Rhode Island drivers. If you own a vehicle, it’s inevitable. Ranked #4 in a 2018 car insurance rate comparison by state, Rhode Island has the fourth highest car insurance premiums in the Nation. With an average yearly premium of $1,852, it’s helpful to know how the price is determined when making such a significant purchase. At Tapalian Law, we truly know the importance of having suitable car insurance coverage, as we explored in a recent Rhode Island Accident Lawyer Blog. But why are car insurance premiums in Rhode Island 36% above the national average? Little Rhody may be the smallest state, but we are well populated and pack a lot of drivers into such a small area. Providence personal injury lawyers know that more drivers on the road will almost inevitably lead to more crashes. More accidents lead to more insurance claims, hereby bumping up car insurance rates. Whether you are looking to insure a new teenage driver or shopping around for new car insurance for yourself, its good to know what to expect when price shopping car insurance in Rhode Island.

How are Car Insurance Rates Determined?

Auto insurance premiums vary from state to state and from company to company but there are a multitude of similarities among them. Vehicle insurance providers determine your premium based on a number of risk factors. Some of these risk factors you can control, some you cannot.

Buying Car Insurance Online? It Can Be a Challenge

November 30, 2018 | Tapalian Law

Online shopping is a huge time saver. It’s the place most of us go to research and price compare purchases from baby strollers to computers to refrigerators. Information is quick, easily accessible, and the research and purchase can be done right from home in your pajamas. So how about buying auto insurance online? Commercials advertise free, online insurance quotes all the time. How difficult can it be to buy car insurance online? As Providence auto accident lawyers, we deal with insurance companies every single day, but we understand for most people wading through the fine details of car insurance, deductibles, and legal jargon can be a frustrating ordeal. The ease of being able to comparison-shop and obtain auto insurance online sounds appealing. Tapalian Law knows that Rhode Islanders are involved in thousands of traffic accidents each year resulting in serious injuries and fatalities and proper insurance protection is a must. So, whether you live in Newport or work in Providence, quality car insurance is not just a smart decision, it’s also the law in Rhode Island.

Why is it Difficult to Purchase Car Insurance Online?

The percentage of American households who shopped online for car insurance hit a record high last year. However, only a quarter of those drivers actually made the purchase online, according to a J.D. Power survey. Car insurance is an extremely important purchase and not one to be taken lightly, as anyone who has been hurt in a car accident knows well. Consumers are doing their due diligence and researching the variety of car insurance options online, but why aren’t they making the final acquisition online? There are a few explanations but the general consensus says shopping for car insurance online can be a frustrating experience.

Legalized Marijuana Linked to Increase in Car Crashes

November 9, 2018 | Tapalian Law

Since the legalization of marijuana movement began in the U.S., health and safety experts have been trying to measure the potential impact it would have on traffic accidents. Without ample past reliable data to go off, much of the results so far have been inconsistent. However, according to a new set of studies by the Insurance Institute for Highway Safety’s (IIHS) Highway Loss Data Institute, an increase of up to 6 percent in the number of highway crashes has been found in four states where the recreational use of marijuana is legalized. As Providence personal injury lawyers, Tapalian Law feels any uptick in car crashes is reason to sit up and take notice. Our car accident lawyers see clients everyday who suffer from serious injuries incurred in an auto accident. While the latest reports cannot yet prove a direct risk caused by the use of marijuana among vehicle operators, there is a rising trend in these states and any upsurge in car crashes is cause for attention. At this time it is a challenge to accurately test drivers to determine if they are under the influence of THC, the active ingredient in marijuana. Without this hard proof, much more research needs to be done to explore marijuana use and its relationship to vehicle crashes. After this Tuesday’s election, 10 states and Washington D.C. have now legalized marijuana for recreational use for adults over the age of 21. Rhode Island has not legalized marijuana for recreational use. Medical marijuana is legalized in 33 states, including Rhode Island.

Results of IIHS Study Linking Legalized Marijuana to Car Crashes

The IIHS studies used police reports and insurance claims to determine auto crashes rose between 5.2% and 6% in states with legalized recreational marijuana, in comparison to neighboring states where marijuana use is illegal. Highway crash data from surrounding states was also compared in an attempt to control for factors like weather and economy. One disturbing find from the study is that while most drivers under the influence of alcohol are driving alone or with other adults, approximately 14% of those confirmed to be using pot had a child in the car. As Providence car accident injury lawyers, this find is very troubling. The IIHS feels this reflects a variance between marijuana and alcohol use and it appears that marijuana use isn’t reserved for evenings and other occasions when adults are more likely to consume alcohol. Experts are uncertain whether this reflects an increase in the use of recreational pot or medical marijuana for pain treatment. The IIHS is clear however, that there is a “correlation”, a connection, between the rise in crashes once pot became legal, however it is not the same as “causation”, meaning other variables could be involved. One of the difficulties with this study, as with similar reports, is the accuracy in measuring how marijuana use impacts car crashes because law enforcement has a difficult challenge due to the way marijuana works in the body.

What to Do if I’ve Been Doored by a Car in Providence?

November 5, 2018 | Tapalian Law

Bicycles are gaining popularity, especially in urban areas like Providence. With the recent arrival of the city’s first bike-share program, JUMP Bikes, city residents and visitors are now offered an environmentally friendly, heart-healthy, and affordable way to navigate Providence to explore for fun or commute to work or school. The bicycle accident injury lawyers at Tapalian Law see bike accident clients on a regular basis who have been hit by a car and suffer from slight to life-threatening personal injury. As with all modes of transportation, there’s always some negative with the positive. Cycling is great for the atmosphere and our bodies but is also accompanied by the risk of serious personal injury, most frequently from cars or trucks. Getting “doored” is a frequent occurrence to bicyclists. A “dooring” is a type of collision where a cyclist is struck by a vehicle door that was opened without checking the side view mirror for approaching bicyclists. Motorcyclists can also fall victim to door related accidents. Due to the lack of physical protection, bicyclists and motorcyclists can suffer significant bodily harm when involved in an accident.

Injuries from Bicycle Accidents

At the time of a “dooring” bicycle crash, you may feel shock as well as a rush of adrenaline and injuries may not be instantly visible. You might feel bumped or bruised, but are able to get up and walk away. It is imperative to seek immediate medical attention, no matter how you feel. Inner injuries, like internal bleeding, can go undetected and without proper medical treatment can turn fatal. Bicyclists can suffer from traumatic brain injuries, especially if not wearing a proper safety helmet. Broken bones, lacerations, chipped teeth, serious bruising, road rash, and spinal cord injuries can all happen during a bike accident. If a person on a bicycle gets hits by a door, the impact might throw them into oncoming traffic causing them to get hit by a passing vehicle. Cyclists may also see a car door opening upon approach and swerve into moving traffic to avoid getting hit by the door. In 2016, a Cambridge, Massachusetts bicyclist died when a motorist opened their car door, causing the woman to veer into traffic where she was struck and killed by a truck. In a recent Rhode Island Accident Lawyer Blog, Tapalian Law explained the “Dutch Reach”, a habit that motorists can adapt when exiting a vehicle to prevent and avoid “dooring” accidents.