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davidslepkow · 3 years

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While riding a motorcycle can be one of the most exciting things a person can do, it can also be one of the most dangerous. According to the National Highway Traffic Safety Administration, nearly 4,600 motorcyclists were killed in crashes in 2014, with most being the result of crashes with automobiles, cars, trucks and vans. While this was a decrease of 2.3 percent from 2013, it's nevertheless dangerous for motorcyclists to share the road with other motor vehicles, semi trucks and pickup trucks. While many motorcycle accidents involve other vehicles, there are various types of motorcycle accidents. If you need legal representation contact a Rhode Island motorcycle accident lawyer.

Rhode Island motorcycle accident lawyer

If there is one thing a motorcyclist does not want to see around a tight corner, it's a patch of gravel waiting for them in the lane ahead. In these cases, if the cycle's front tire hits the gravel, the result is a bad wreck that results in numerous injuries. In some of these instances, the gravel may be in the road due to a nearby construction project or road improvement project, which could possibly show negligence on the parties involved. In these cases, cyclists who have been injured often seek the services of a personal injury attorney to evaluate their case to determine if further legal action may be required.

A Car Changing Lanes

While many motorcycle accidents involve the cycle and car hitting one another, many times a car changing lanes suddenly can force a motorcycle off the road and result in serious injuries. Because most drivers are usually looking only for other vehicles when attempting to change lanes, they often fail to spot motorcycles until it's too late. In many cases, the driver of the car may be distracted from texting while driving, eating, spilling a drink, changing the radio station, or other act that takes their eyes off the road for a split second. Unfortunately, it is in this brief time that a motorcyclist can get seriously injured or killed.

Personal injury attorney

In these or other situations where a motorcyclist is injured or killed due to the negligence of others, a personal injury attorney may be of great help. With their ability to be objective about the situation and offer sound advice based on years of experience, riders or their families can make an informed decision as to how they will proceed. If you were injured in a motorcycle accident in Rhode Island contact Providence motorcycle accident lawyer, David Slepkow. A RI motorcycle accident lawyer will help you get the compensation you are entitled to.

There are several causes of motorcycle accidents on the roads. The rising concern at the increasing cases of motorcycle accidents lead to a comprehensive survey made in 2009. This survey compiled a list of possible causes for motorcycle accidents on the road. By identifying the causes behind serious motorcycle crashes, it is easier to minimize their occurrence and make the road a safer place. Understanding the causes helps in taking preventative measures to stop motorbike accidents.

Careless maneuvering by other drivers on the road: Four-wheeled vehicles tend to cause more motorcycle accidents than others. Most drivers are unable to detect motorcyclists or do not pay enough attention to them. They tend to make abrupt swerves that invariably results in a fall or collision. Motorcyclists are either forced off their bikes or make hard hitting physical contact resulting in severe injuries to the arm, neck and face areas.

Loss of control of bike: Many motorcyclists have been victims of accidents because they were unable to control their motorcycles and took a skid or fall. In a motorcycle crash of this nature, the rider’s arms or legs often tend to get caught beneath his machine resulting in serious lacerations or even fractures. Control is defined as the ability to stop the bike at will in a safe manner.

Sudden stops trigger accidents: Speeding was not a contributing factor for bike accidents. More clearly indicated was the occurrence of sudden stops as a cause for accidents. In fact, statistics indicated that as much as 70% of motorcycle accidents occurred when the motorcyclist was cruising at speeds less than 30 miles per hour. The solution is that motorcyclists are advised to slow down instead of clamping down the brake. The sudden switch in momentum makes the rider fly over the bike and sustain serious injuries.

Age: The age factor has shown contradictory results in Europe and the US. In Europe, more young riders had had accidents while in the US, statistics favored middle-aged riders as more prone to accidents. But the DOT suggests that age perhaps is a redundant factor when it comes to accidents and the cause is more related to rashness while riding.

Concealed objects: Another reason was cited as hidden objects that riders failed to detect until the last moment. Many times, the blinding glare of sunlight or low visibility during rains or snow can render solid objects nearly invisible until the rider was too close for comfort. Conversely, statistics indicated that motorcyclists who wore dark clothes were more likely to be missed than those who wore bright clothes.

The main issue that the study was able to highlight effectively was the importance of protective gear in preventing accidents. Since the study was based in Europe, helmets did not figure as a cause helmets are compulsory for motorcycle riding. The low results of motorcycle accidents were a clear proof of the fact that helmets made all the difference to bike riding. Perhaps it is time for the US to enforce all present regulations that require helmets to reduce the significance of catastrophic injuries sustained by motorcyclists in accidents of all types.

After a sudden death, a family can be emotionally and financially devastated, but even innocent victims are still required to prove their case. Families of those who died in a RI motorcycle accident as a result of the negligence of others deserve justice and fair compensation. If your family member died as a result of a motorcycle accident, you can contact us for a free consultation and case evaluation. Learn how we might be able to help you. We're experienced, compassionate, aggressive and successful lawyers. Families of those who died as a result of the negligence of others deserve justice and fair compensation.

Motorcycle accident RI

The most recent ascertainable statistics from the National Highway Transportation Administration (NHTSA) are from 2013. In that year, 4,668 people on motorcycles lost their lives. About 88,000 were injured. Of the fatalities, 1,296 were related to alcohol consumption. According to the Insurance Institute for Highway Safety, the number of deaths in motorcycle accidents in 2013 was 26 times that of fatalities in cars. As reported by the NHTSA, half of all fatal motorcycle accidents involve another vehicle. Vehicles turning left in front of a motorcycle accounted for 42 percent of the two vehicle accident motorcyclist fatalities.

You're completely vulnerable to fatal injuries if you're in a motorcycle accident in Rhode Island. There's no steel body and frame around you. There aren't any bumpers, air bags or seat belts either. That's why most motorcycle accidents in RI result in severe injuries or fatalities. Sadly, a RI motorcycle accident can result in death or serious injury.

Common causes of motorcycle accidents

Most motorcycle accidents in Providence, Pawtucket, Bristol or Cumberland RI aren't caused by motorcyclists. Experienced Smart bikers in Rhode Island take precautions to attempt to avoid accident situations. Reasonable precautions can reduce the probability of a RI motorcycle accident The most common causes of fatal motorcycle accidents are:

Vehicles turning left in front of motorcyclists

Rear-end collisions

Other vehicles changing lanes

Vehicles failing to yield the right-of-way when entering a roadway or intersection

Head-on collisions

The Wrongful Death Act

When a fatality occurs as the result of the negligence of somebody else, the decedent's family might bring a case under the Rhode Island Wrongful Death Act called the "Death By Wrongful Act" statute. "§ 10-7-1 Liability for damages for causing death. – Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony." TITLE 10 Courts and civil procedure–Procedure in particular actions CHAPTER 10-7, Death By Wrongful Act,

The RI wrongful death statute details which family members are permitted to bring the action and the damages like medical bills, lost earnings and funeral expenses that the family can seek.

Contacting a RI motorcycle accident lawyer

If you were injured in a RI motorcycle accident, contact Rhode Island motorcycle accident attorney, David Slepkow. David Slepkow will help you get the compensation that you are entitled to.

Since motorcycles present smaller and lower profiles on the road, they're less visible than passenger cars in traffic. Drivers and passengers of motorcycles have no enclosure around them to protect them. They don't have seat belts or air bags either. Anybody on a motorcycle is vulnerable to serious injuries even with a light impact. According to the Insurance Institute for Highway Safety (IIHS), the number of deaths per mile traveled by motorcycle was 26 times the number of deaths traveled in passenger cars. In 2013, there were 4,668 motorcycle accident fatalities. There was a significant drop in 2014, when 4,586 people were killed, but there was also a significant rise in motorcycle accident injuries from 2013 when about 88,000 people were injured and 2014 when about 92,000 were injured.

It's quite common for fatally injured motorcyclists to die from head injuries. Only 19 states and the District of Columbia have helmet laws though. As per the IIHS, helmet use prevents about 37 percent of all deaths and about 67 percent of all traumatic brain injuries.

Common causes of motorcycle accidents

The failure of other drivers to see motorcyclists in traffic is the largest cause of bike accidents. Either the motorcycle was never seen, or it was too late to avoid a collision after the other driver saw it. This is particularly true in head on collisions and when other vehicles are making left turns. Other common motorcycle accident scenarios involve:

Lane splitting

Dangerous driving like excessive speed, distracted or fatigued driving

Drunk or drugged driving

Driving too fast for traffic or weather conditions

Common motorcycle accident injuries

Bike crashes in East providence are quick and violent occurrences. The overwhelming majority of them result in injuries or deaths. Upon impact, most motorcyclists are thrown from their bikes. It's not unusual for them to strike stationary objects before coming to rest on the ground. Aside from head and neck injuries that predominate, other common motorcycle crash injuries include but aren't limited to:

Traumatic spinal cord injuries

Hip and leg fractures

Spinal fractures and disc herniations

Shoulder, arm and hand fractures and dislocations

Severe cuts, scrapes and bruises

Yes, some motorcycle accidents in Rhode Island and Providence Plantations are attributable to the negligence of motorcyclists, but most of the time, other people using the roadway just don't see them. Awareness is warranted by both motorcyclists and drivers of other vehicles on the road. If you were injured in a RI motorcycle accident then contact a Rhode island motorcycle accident attorney.

Riding a motorcycle on any street or off-road area can be extremely dangerous to the health of the biker and passenger. Even though motorcycle accidents are less likely to occur than other types of vehicle collisions, they tend to produce more catastrophic injuries and deaths. According to the National Highway Traffic Safety Administration (NHTSA), a motorcycle rider has a 35 times greater chance of dying in a collision that had they been a passenger or driver in a vehicle accident.

Riding a motorcycle in Rhode island and Providence Plantations is inherently dangerous because of the inattentive and sometimes illegal driving practices of other motorists sharing the roadway. This is true even for bike riders who take a proactive approach at driving defensively at all times. By understanding the most common types of motorcycle accidents in Rhode Island, bikers can remain alert to prevent the accident from occurring while riding. These RI accidents include:

Motorcycle-Car crash

A major misconception by many motorists on the road is that motorcycle accidents are caused by a biker’s aggressive behavior. In fact, many serious accidents are the result of inattentive drivers who had no idea a motorcycle was in the area. Many motorcycle-car collisions in Warwick, Cranston and Pawtucket are caused because of the “blind spot” where a motorist sharing the roadway could not see the biker due to nighttime conditions or adverse weather. Many of these Barrington, Bristol and Warren accidents could be avoided if drivers take that extra moment to check blind spots and remain alert at intersections or whenever entering a merging area on the roadway.

Sudden Stop Collision

While many rear end collisions cause serious damage to vehicles, when a motorcycle is involved the results can be catastrophic. A sudden stop into the back of a motorcycle can cause serious injuries or fatalities to the biker and/or passenger. In addition, if the motorcycle rear ends into a stopped or slow-moving vehicle, the biker can easily be thrown over the handlebars causing extensive injury or death. These types of collisions can be avoided when the motorcyclist chooses to follow a safe distance behind others and remains alert to provide adequate time to come to a complete stop safely.

Single- motorcycle Accident

The small frame and two wheels of a motorcycle makes it highly susceptible to toppling over, sliding or skidding under all conditions. Many of these accidents occur because of adverse weather conditions, curving roads and slick surfaces. Motorcycle riders can be seriously injured or killed in a single bike accident if roadway conditions are hazardous including streets under road construction, road surfaces built with grooves or from the pitfalls of traveling over a railroad crossing.

Open-Door motorcycle accident

“Dooring” accidents tend to occur in busy urban areas where a motorist enters or exits a parked vehicle along the side of the street. In many situations, vehicle drivers fail to look in the mirror to see any approaching traffic and opens the door into the direct path of the motorcyclist. These types of Rhode Island accidents often produce catastrophic results, especially if the biker is thrown over the handlebars or into the vehicle. These accidents can be easily avoided if drivers sharing the roadway follow rules of the road. Additionally, bikers must follow posted speed limits and operate their motorcycle at a safe distance away from the parked vehicles along the road.

Precautionary Measures to prevent motorcycle accident

Any time motorcyclists take to the roadway in Providence, they assume the risks involved in being injured or killed. However, protecting yourself can significantly lessen the potential of being involved in a serious accident. In addition, the biker should take all precautionary measures possible should an accident occur. This includes wearing a helmet, wearing protective safety gear and inspecting the bike to ensure it will operate safely even under the worst conditions.

It is important to remember that a motorcycle is often more challenging to spot than a passenger vehicle on the roadway. In addition, the potential of an accident is often exacerbated when drivers are inattentive, distracted, or fail to follow the rules of the road when merging or changing lanes.

Left Turn Bike Accidents

Almost 50 percent of all motorcycle accidents involve a vehicle turning left and hitting a motorcycle that they did not see. In fact, this is one of the most common types of accident between any two motor vehicles on the road. Drivers of all types of vehicles such as cars, trucks, vans and suvs should take extra precaution when turning left to make sure that they are not missing any other vehicle from their view when completing the turn. If you were injured in a RI left turn accident then contact a Rhode Island motorcycle accident attorney or RI motorcycle accident lawyers.

Lane Splitting collisions in Providence

Motorcycle drivers in Rhode Island would benefit greatly from never attempting to lane split. Lane splitting occurs when a motorcycle dodges through stopped traffic by driving in between two lanes of cars or between a car and the shoulder of the road. While this may seem like a logical action to take in stopped traffic, it is one of the most dangerous. Slowed or stopped vehicles are not anticipating that a motorcycle is going to pass them when traffic is not moving and this is how accidents occur.

Head On Collisions in Warwick, Cranston

Almost 78 percent of all motorcycle fatalities are attributed to head-on collisions. Most of these types of accidents occur in the evening hours. All Motorcycle Accidents Have The Potential To Be Catastrophic or deadly. Of course, there are many other events that can lead to a motorcycle accident. Road debris, drunk driving, and speeding on the part of the motorcyclist or the other driver can lead to a serious accident. Because motorcycles do not provide all of the safety features that other types of vehicle provide, it is very important that all drivers remain cautious when operating a motorcycle or operating a vehicle near one.

Important Facts To Remember

When you are operating a motorcycle, it is very important that you understand all of the laws within your state regulating the operation of this type of vehicle. State laws vary, and there are also many urban legends surrounding motorcycle use. For your safety, and to operate your motorcycle legally, you should review the following state laws:

• Helmet requirements. Even “no-helmet” states have insurance and age requirements that must be followed before a motorcycle can be operated without a helmet. • Age requirements. Some states have laws about the age of the driver of a motorcycle or the legal age for passengers. • Insurance requirements. Some states require you to have a health insurance policy that covers motorcycle use before operating the vehicle.

Over 50% of motorcyclist fatalities are over 40

Many people assume that younger riders are most likely to be killed in a motorcycle accident, but the National Highway Traffic Safety Administration (NHTSA) reports that 54% of motorcyclists killed in accidents in 2014 were over the age of 40. The average age of a rider killed in a crash was 42 years old.

While younger riders usually have less experience riding, older riders seem to sustain more serious injuries. Brown University research cites reduced reaction time and vision, increased fragility, and the larger-sized motorcycles that older riders tend to prefer, which tend to roll over. Riders aged 60 and older were almost three times more likely to be admitted to a hospital following a motorcycle accident whereas riders between 40 and 59 were twice as likely to be admitted than younger riders.

One-third of riders in fatal crashes were drunk driving

According to NHTSA, 29% of riders involved in fatal accidents in 2014 had a blood alcohol concentration of 0.08 or higher, which fits the definition of drunk driving. This compares with 22% of passenger car drivers in a fatal accident and 2% of commercial truck drivers.

Riders killed in a motorcycle accident between the ages of 35 and 39 had the highest rate of drunk driving at 42% following by those between 40 and 45 (41%), which is contrary to popular opinion that riders in their 20s would be most responsible for riding under the influence.

Super sports motorcycle riders are 4x more likely to be killed

A report from the Insurance Institute for Highway Safety (IIHS) found that super sports motorcycles are almost four times more likely to die in an accident than other motorcycle riders. Super sports bikes can reach speeds of up to 190 mph and have a lightweight design made for racing. This type of bike is most popular with riders under 30. According to the IIHS, super sports riders also had the youngest average age of fatality in an accident at just 27. Touring motorcycle riders, by comparison, were 51 years old on average when involved in a motorcycle fatality. Speed was a factor in 57% of super sports fatalities in 2005 compared to 27% on standard and cruising motorcycles.

If you were injured in a motorcycle wreck in Rhode Island, contact a RI motorcycle accident attorney. The lawyer will need to rely on extensive experience in dealing with RI motorcycle accidents. If your loved one, spouse or family member was killed in a tragic fatal motorcycle crash, contact A Rhode Island wrongful death lawyer. A RI motorcycle accident attorney will have extensive experience litigating fatal car and motorcycle collisions.

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1800truckwreck · 5 years

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What Do I Do When I Get Home From a Truck Accident?

The devastation of being involved in a major truck accident does not wear off in the immediate aftermath. The extensive catastrophic damage linked to these accidents often requires those injured to have a strong support systemto keep their life running long after the crash. For individuals who have been seriously hurt in an accident caused by the negligence of a commercial truck driver, this system of support should include a personal injury lawyer who can play a vital role in helping to recover damages you may be entitled to under the law.

When deciding to hire an Atlanta truck accident attorney, there are key steps to help maximize the compensation for your claim. The following are five important things to to do immediately after a truck accident:

Seek immediate medical attention if you have not done so already – This is the most important directive for protecting your well-being. Truck accidents carry a high risk of catastrophic injury, and it is important to receive a full medical evaluation to check for internal or visible trauma.

Gather important documents – Making a list of any damages one has incurred, gathering copies of any medical bills and other bills related to the wreck, and documenting any issues affecting your life that are the result of your accident is a helpful step for attorneys who work on your case. This accounting can help ensure that all damages warranted in accordance with Atlanta personal injury law are obtained so that you can move forward in paying mounting debts and recovering from the harsh aftermath of what you have endured.

Contact a personal injury attorney – A personal injury lawyer is perhaps the most important ally you can have in taking on commercial carriers and truck drivers who aim to deny responsibility for their wrongdoing. Experienced, skilled lawyers understand the legalities involved in producing positive outcomes for these cases when advocating on your behalf. Whether for conducting needed investigations, making sure key evidence is protected, or communicating with insurance companies and others involved in one’s accident, a truck accident lawyer can provide the needed support for getting you the compensations deserved.

If you have had the misfortune of being involved in a collision with a commercial truck in Atlanta due to the negligence of a trucking company or truck driver, remember the law is on your side. Taking the aforementioned steps; however, may be vital for maximizing any amount of financial recovery that can be obtained. The truck accident attorneys of the Witherite Law Group are available to help you if you have been injured in a major truck crash and need clarification on what legal options for taking action against those whose negligence played a role in your crash are available in your case. If you have questions about getting legal help following an Atlanta truck accident please call 1-800-Truck-Wreck® to speak with someone directly today.

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davidslepkow · 4 years

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Many of the winter weather storms occurring in recent years have been of epic proportions. They were freezing rain, snow and sleet causing ice to form on city streets, roadways and highways. These dangerous conditions increase the potential of being involved in a serious accident in Rhode Island that could result in catastrophic injuries or wrongful death.

Winter weather accident

Icy roadway conditions often create the deadliest traveling surfaces where vehicles can lose traction and slip off the roadway or into oncoming traffic. Tragically, many motor vehicle or trucking accidents in Providence that occur in wintry weather could have been prevented had business owners, municipalities and roadway maintenance crews taken effective measures to create a reasonably safe passage for motorists and pedestrians. Projo obituaries will never tell the survivors how the fatal accident occurred and victims will need to rely on the police report, coroners report and other newspaper articles rather than the projo obituaries.

If you learn about a fatal accident in RI, look beyond the particulars of the crash and learn about the lives that were lost by searching:

projo obituaries today

projo obituaries past 3 days

projo weather

Black Ice causing RI car accident and wrongful death

projo obituaries today

Black ice, or ice hidden under snow or dark of night is especially hazardous because it often catches motorists off guard. The invisible ice tends to form when the temperature of the air is higher than the pavement. Falling rain can rapidly freeze, creating a transparent, thin layer of ice on the street. Other times, the formation of black ice occurs when the freezing water is void of any air bubbles. Without bubbles, the ice is transparent and often matches the roadway material underneath. Invisible ice causes a vast majority of automobile and car accident collisions during intense winter months when the driving conditions make the roadway challenging to travel.

Motorists traveling at or above the posted speed limit in Cranston or Warwick can easily lose control and slide off the roadway or into other traffic. Driving under these conditions in Cranston or Warwick RI requires safety steps that include:

• Be aware that black ice is nearly invisible to the naked eye during the day and especially at night. • Remain especially careful while traveling on entrance and exit ramps, across bridges and overpasses and through tunnels during the early morning hours when the temperature of the air is rising higher than the temperature of the pavement. • Avoid stepping on the brake when hitting a patch of ice. This is because applying brake pressure on icy surfaces causes the car to skid uncontrollably. Instead, tap the brake pedal only as you approach the icy surface. • Maintain adequate distance between you and the vehicle in front. The additional distance is necessary to ensure your vehicle can come to a complete stop on the icy surface. The services usually require twice the distance as normal.

Traveling on Bridges and Overpasses in Rhode Island and Providence Plantations

Traveling on bridges and overpasses can be especially dangerous during icy conditions. This is because they tend to ice over long before the roadway does, even if the surface is only slightly wet. Bridges and overpasses will quickly freeze meaning that unwary motorists traveling at high speeds might not see the slippery surface, being unprepared they quickly lose control. A light dusting of snow fall can easily produce a slippery icy surface on an overpass or bridge that may appear to be dry or clear.

Liability Issues in Providence Superior Court wrongful death causes of action

Driving your car, truck or auto safely during the winter months requires constant attention to the roadway and thorough preparation to avoid hazardous conditions. This means maintaining the vehicle, traveling with an emergency kit and understanding how to handle dangerous driving conditions including black ice. However, liability for the driver can extend to how they drive and deal with accumulated ice and snow in their vehicle. Common steps for avoiding an accident include:

• Clear away accumulated ice and snow from the vehicle • Keep abreast of current traffic and roadway conditions • Apply the brakes carefully • Remain aware of hidden black ice • Never use cruise control during icy conditions • Slow down

The NHTSA reports ” In 2014, there were 9,967 fatalities in motor vehicle traffic crashes involv¬ing a driver with a BAC of .08 g/dL or higher; this was 31 percent of total traffic fatalities for the year. Among the 9,967 alcohol-impaired-driving fatalities in 2014, 69 percent (6,852) were in crashes in which at least one driver in the crash had a BAC of .15 g/dL or higher. Drivers are considered to be alcohol-impaired when their blood alcohol concentrations (BACs) are .08 grams per deciliter (g/dL) or higher.’ http://www.nhtsa.gov/NCSA

Hiring a RI wrongful death Attorney

Driving during the winter months can be extremely hazardous because of the slick slippery surfaces that cause accidents. If you have lost a loved one due to the negligent actions of other drivers, you are likely entitled to receive financial compensation by filing a Rhode Island wrongful death lawsuit in Providence SUPERIOR court. However, RI wrongful death cases are complex and often require the skills of a Rhode Island wrongful death accident attorney who is also a RI personal injury lawyer. Your RI fatal car accident lawyers working on your behalf can provide a variety of legal options and assist you in receiving the financial compensation you deserve.

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davidslepkow · 5 years

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Construction Accident Stats | Construction accident lawyer RI

This construction accident article was authored by a construction accident lawyer in RI. One of the most dangerous occupations in Rhode Island and Massachusetts is construction. According to the Occupational Safety and Health Administration, “4,679 workers were killed on the job in 2014 with an average of 13 deaths per day.” The “fatal four” for deaths in the construction industry are “Falls, Electrocutions, Struck by Object, Caught-in/between.” In 2012, there were, “41-60 deaths in California and 105 deaths in Texas”. OSHA also reports that “One in ten construction workers are injured every year.” Id. Article by a Construction accident lawyer in RI.

If you were injured in a work related accident, please call a RI construction accident lawyer or a workers comp. attorney in Rhode Island.

OSHA injury report | workers comp

Rhode Island construction accident lawyer

Even though numerous safety measures have been taken, these figures reflect the dangers of construction work. Injury or death has serious consequences for a worker and their family. Loss of income, pain and suffering, medical bills and other expenses can be devastating if action is not taken right away. Immediately consulting a RI construction accident attorney, who is experienced in this kind of catastrophe, is essential if you are to receive the protection and compensation you deserve. Such a RI personal injury attorney will file the required OSHA report detailing all events that led up to the injury. In addition, their investigator will investigate the accident and present a complete report with details regarding condition of the site and what led up to the incident.

Construction accident lawyer RI

Companies are required to have protection for their workers such as Workman’s Compensation Insurance and other policies. Having a Providence construction accident attorney who can deal with these companies will allow you to concentrate on getting well.

Massachusetts work site accident attorneys who are familiar with this type of case do not charge a consultation fee. Rather they will file required papers and represent you in court, if necessary, with no immediate out of pocket expense. They will be paid in the final settlement.

Workers Compensation in Rhode Island specialized field (worker’s comp)

The area of worker’s injuries is a specialized field. It requires extensive training and a full knowledge of all areas of the law regarding on the job safety requirements. A Rhode Island workers compensation attorney with this training will immediately know what steps to take to assure that you receive just compensation not only for expenses but also for pain and suffering as well.

Many states have a limited period in which to file a worker’s injury claim. This makes it essential to have someone on your side that is familiar with all claim requirements and is prepared to defend your rights when an insurer tries to deny or reduce your medical bills and other expenses.

A construction accident lawyer in RI will help you get the justice and compensation that you are entitled to.

https://www.osha.gov

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1800truckwreck · 5 years

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Uncertain of Who’s At Fault for Your Truck Wreck?

Truck accident lawyer, Amy Witherite, discusses the importance of finding legal help when there is confusion as to who is at fault for a truck crash.

Atlanta, GA – Highways in the U.S. are becoming more and more heavily congested with commercial vehicles, increasing risks of potential disastrous encounters with those in passenger vehicles with whom they share the road. In spite of federal regulations put in place to protect all road travelers from harm, a number of commercial truck drivers fail to follow safety guidelines and put others in potentially dangerous circumstances. Truck accidents are among the most disastrous types of accidents that can occur on the nation’s roads. These often result in catastrophic injury and property damage that prove costly for all parties involved. According to data released by the National Highway Traffic Safety Administration, an estimated 400,000 road accidents occur in the United States annually involving some type of commercial vehicle.

A large percentage of commercial truck accidents in Atlanta are linked to the negligence of truck drivers as well as the companies they work for. Many trucking companies opt to deviate from safety regulations, and cut corners when it comes to vehicle maintenance, or obeying traffic laws designed to keep all drivers safe. According to Federal Motor Carrier Safety Administration guidelines, trucking companies are prohibited from forcing drivers to exceed a certain number of miles or hours without resting during a shift.

In addition, trucking companies must ensure that truckloads being transported are within designated weight requirements among other things according to the federal agency’s rules. However, many companies fail to follow key FMCSA safety guidelines as a result of greed, going so far as to send drivers to make deliveries while they are fatigued or experiencing other issues. A number also fail to maintain vehicles in the safest mechanical conditions possible, leading truckers to believe that this is their sole burden. When an accident occurs related to these types of erroneous behaviors, trucking companies often attempt to shun responsibility by claiming drivers, as independent contractors, are responsible for accidents that occur for any reason.

Because of the tactics used by trucking companies that violate industry safety rules, the circumstances surrounding some crashes leaves room for confusion over who is ultimately responsible to become an influential factor. Trucking companies whose drivers have been involved in a serious crash linked to any type of negligence in many cases see an open window through the complexity of the circumstances to place blame where it doesn’t belong. This is done in an effort to avoid taking responsibility for their bad actions. Many aren’t aware that federal laws and regulations help ensure that trucking companies are held liable for the negligence of their drivers regardless of whether they are an employee or independent contractor.

Proving fault is important in a truck crash case because the determination is what is used to assess the financial recovery owed to those injured. Without a proper assessment, it is challenging for crash victims or their loved ones to receive the financial compensation they may be entitled to in their case. Commercial truck wreck attorney Amy Witherite, explains that it is important that individuals involved in truck crashes be mindful of the effort of truck drivers or trucking companies to allow them to believe they have no liability in related claims, and that you know where to turn for help. She states, “it’s vital that you have an experienced attorney help you establish liability in a commercial truck wreck, because many of these trucking companies are notorious for going to great lengths to avoid accepting fault and fairly compensating injured victims for damages.”

Truck accident victims can turn to the experienced attorneys of Witherite Law Group, LLC for help with ensuring that responsibility is placed where it belongs when they have suffered as a result of a truck driver’s wrong doing. This includes financial responsibility for medical expenses, pain and suffering, and other damages incurred by victims.

Individuals with questions about getting legal help for an Atlanta truck accident can call 1-800-Truck-Wreck® to speak with someone directly about their potential claim.

Media Contact

Lucy Tiseo

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Source(s)

https://www.trucks.com/2016/12/19/truck-driver-deadliest-job/

https://www.truckdrivingjobs.com/faq/truck-driving-dangers.html

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rhodeislandcaraccidentatorney · 5 years

Text

Defective airbags and catastrophic injury and death lawsuit – Defects Lawyer

See on Scoop.it - Rhode Island Lawyer, David Slepkow

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David Slepkow's insight:

DEFECTIVE AIRBAGS AND CATASTROPHIC INJURY AND DEATH LAWSUIT

Those that have been injured or damaged by defective airbags in vehicles have legal recourse against the car manufacturers under a product liability theory. Product liability law allows for recovery in under several potential theories. They are negligence, tortious misrepresentation, strict liability and warranty. Under the strict liability rule, anyone in the “stream of commerce,” regardless of whether they are the actual manufacturer, may be held liable for a defective product. This liability is automatic when it is shown that the product was defective notwithstanding any efforts that the liable party may or may not have made to detect or prevent the defect.

TAKATA AIRBAG LAWSUITS

Airbags in certain models of Japanese cars that were sold starting in 2002 have been shown to be defective. Takata is the major manufacturer of airbags that were used in the production of these cars. The airbag’s inflator is the key component in the deployment of the airbag. In these models, the inflator ignited with such force that it injured occupants of the vehicles. This was caused by a defect in the manufacturing of the airbag. Takata manufactured the airbags using an ammonium nitrate-based propellant without also using a chemical drying agent. The effects of moisture and temperature degraded the propellant such that when the airbag deployed, it did so with violent force that it caused sometimes catastrophic injuries. Sometimes, the airbag deployed without any impact whatsoever, causing accidents and other injuries. This deployment was accompanied by the expulsion of various shrapnel and metals with explosive force that gravely injured vehicle occupants. This defect occurred in tens of millions of airbags, sparking a massive and complex product recall. Before the issue was addressed, the defective airbags caused at least 23 deaths internationally, 15 of which were in the United States. Further compounding the problem, Takata officials manipulated test data results to hide the defects and lied to regulators. The evidence shows that Takata not only knew about this issue, but took steps to hide it as well.

AIRBAG CLASS ACTION LAWSUIT

Since auto manufacturers are also in the “stream of commerce,” they have been subjected to large class action lawsuits seeking recovery for injuries and damages. Multiple suits have been filed in various jurisdictions. The first major suit was filed in 2014 and was filed as a multi-state class action. The suit alleged that it was not subject to any sort of statute of limitations because Takata engaged in a practice of fraudulently concealing the defect. Thus, it would not have been possible to discover the existence and the extent of the defects before the statute of limitations tolled. According to the complaint, the Magnuson-Moss Warranty Act was violated by Takata’s actions and the manufacturers’ selling of these vehicles. This statute provides a federal law cause of action when either a written or implied warranty is violated. Here, customers should have expected that the vehicle that they purchased should have worked for its intended purpose. In addition, the complaint alleged fraud as well as numerous violations of various state consumer protection laws.

HORRIFIC INJURIES WHEN AIRBAG INFLATOR EXPLODES

Another major suit was filed a few months later. Patricia Mincey, the plaintiff, was a Florida woman who sustained horrific injuries when her airbag inflator exploding during the course of a minor vehicular accident. This lawsuit took a slightly different approach to seeking relief for the defective airbags. According to the complaint, Mincey’s estate followed a traditional products liability approach in alleging strict liability on the part of both Takata and the manufacturers. The complaint alleged that Takata failed to use due care in their manufacture and design of the airbags and failed to incorporate reasonable safety standards. In addition, the complaint charged that the defendants acted negligently and fraudulently to conceal the defects in the airbags.

TAKATA BANKRUPTCY

For Takata, this entire saga has resulted in the corporation’s bankruptcy. This makes potential claimants creditors of the corporation. However, it also means that the only “deep pockets” that may compensate damaged customers are now the auto manufacturers. Takata will be creating a trust fund out of its remaining assets to compensate its customers. After the bankruptcy proceedings, Takata will no longer be operating as a going concern. In addition to bankruptcy and litigation, Takata also faced enforcement actions brought by 44 state attorneys general alleging deceptive trade practice. Takata settled all of these charges.

TAKATA LAWSUIT SETTLEMENT

Many of these cases have recently settled. In the Mincey case, Takata settled right before the time when its president would have been deposed. In addition, some of the large class actions against the automobile manufacturers have settled. For example, BMW, Mazda, Subaru and Toyota have agreed to pay a combined total of $553 million to settle the claims brought against them. Car owners have received settlement notices, alerting them of the fact that they can receive a settlement payment. Automakers had been seeking payment from Takata to compensate them for their liabilities to car purchasers. However, as part of a settlement, they have dropped their claims against Takata and agreed to compensate car owners.

DEFECTIVE AIRBAGS

According to the NTHSA, the defective airbags are still an ongoing issue. Automakers cannot recall vehicles fast enough in order to repair the defective airbags. For millions of drivers, the defect remains in the car until the airbags are replaced. This subjects many drivers to ongoing danger for the time being. This is the largest product recall in United States history which is compounded by the complexity of the issue. This matter has drawn the attention of the NTHSA and the United States Congress as speed is of the utmost important in executing this recall given the fact that owners are driving these cars with a ticking time bomb. Since these conditions tend to be aggravated by heat and humidity, those in southern states are particularly vulnerable. In the meantime, automakers will remain liable for any injuries or damages sustained by vehicle occupants until their airbags can be replaced.

Sources:

Consumer Reports: https://www.consumerreports.org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know/

https://www.consumerreports.org/car-recalls-defects/takata-airbag-legal-settlement-trust-fund-compensation/

Mincey v. Takata Complaint – https://www.scribd.com/document/254530779/Mincey-Final-Complaint-Against-Takata

Dunn et al v. Takata – https://www.labaton.com/en/cases/upload/Takata-Dunn-v-Takata-Corp-No-14-cv-24009-S-D-Fla-Complaint.pdf

New York Times – https://www.nytimes.com/2016/05/05/business/takata-airbag-defect-recall.html

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