Providence Personal Injury Lawyer - Automobile Accidents

RI Hit and Run Automobile Accident - Part II

David Bazar — Thu, 29 Oct 2009 16:23:14 GMT

This discussion began with the story of a Providence man who hit three people with car and drove off with one of the people impaled in his windshield. The same issues could have been raised by the story reported by NBC10 of the West Greenwich man who hit a State Police cruiser while text messaging.

I left off with the issue of uninsured or underinsured motorist insurance coverage. In Rhode Island if the driver of the hit and run vehicle is never identified or is uninsured, then you can pursue a claim for your personal injury damages against the uninsured motorist portion of your insurance policy. Interestingly, if the driver is not identified you will not be able to pursue an uninsured motorist claim for property damage.

If the driver who caused the injuries has insurance, but not enough to fully compensate the injured party for their damages, then underinsured motorist (UIM) coverage will apply. In Rhode Island an injured person is entitled to the full value of their damages and can collect the difference between the damages and the coverage available from the hit and run driver's (liability) policy. For example if you sustain damages in the amount of $100,000 and the liability policy of the other driver has a limit of $25,000, then you can collect up to $75,000 on your UIM policy as long as your policy limits are sufficient.

The moral of the story: Be careful and attentive when you get out of a car on the side of a highway and make sure you have uninsured/underinsured motorist coverage.

Originally posted at InjuryBoard by David Bazar

Rhode Island Car Accident Injury Arbitration vs. Trial

David Bazar — Tue, 27 Oct 2009 10:23:19 GMT

It's the classic question in trial law: Do I choose arbitration or litigation for my case?

There are pros and cons to both, as with any choice between two options, and depending on the specific case, one choice may be better than the other. Here is some information about arbitration and litigation (going to trial), so that you can decide which option is best for you.

Arbitration

According to the Law.com dictionary, "arbitration" is defined as:

A mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" (proceedings) conducted by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision.

Basically, arbitration is when both parties go before a person or group of people (who are not judges), and have their case decided outside of a courtroom. Usually, the decisions made in the arbitration are binding, and converted into a full legal judgment, although many states now allow non-binding arbitrations so that both parties can get a better idea for how a real court would rule, with the hopes that both parties will then willingly submit to the arbitrator's ruling.

Arbitration Pros

1) Arbitration is done outside of a courtroom, and by a non-judge, and so arbitrated cases can often be addressed and decided much more quickly (think weeks or months instead of years) than if a court trial were pursued.

2) Arbitrations also usually cost less, since they take less time, and there is usually less discovery.

3) Arbitrations are confidential, since they are not held in a public courtroom

4) You usually have input into the selection of the arbitrator.

Arbitration Cons

1) Arbitrations are becoming more expensive, as they become more popular

2) The results are usually binding, and there is no option for an appeal as there would be in a case decided at trial.

3) If the arbitration is not binding it may not lead to a resolution of the case.

4) The Rules of evidence may be relaxed.

Litigation

Law.com defines "litigation" as "any lawsuit or other resort to the courts to determine a legal question or matter." The pros and cons for litigation are fairly close to being opposite of the pros and cons for arbitration.

Litigation Pros

1) Litigation has clearly defined rules of procedure that allow for an appeal if you believe the trial court mishandled your case.

2) All legally-obtained evidence can be used in the decision-making process.

3) The jury is impartially chosen, so both sides have less of an ability to sway the legal process.

4) Experienced attorneys are used more in trials than arbitration, so you can have an experienced legal expert make your case for you.

Litigation Cons

1) Trials are usually more expensive than arbitrations.

2) Trials usually take longer, since the courts are so backed up.

3) The process is public, not private, so any embarrassing information about you that is brought up in court is not confidential.

If you are in need of a quicker settlement, either for medical or personal reasons, and you can't afford the cost of a drawn-out court case, arbitration may be the better solution for you. However, if you have the time and money to invest in a court case, are involved in a case that involves a big company, or are hesitant about being bound to the results of arbitration, then you may want to pursue litigation instead.

In Rhode Island, most cases filed in Superior Court must be submitted to non-binding arbitration before being reached on the trial calendar. While either side may reject the decision of the arbitrator and have a trial before a jury, the use of this form of alternative dispute resolution has greatly increased the chance of settlement before trial.

Originally posted at InjuryBoard by David Bazar

295 Rollover Accident Brings Seatbelt and Car Seat Use To Forefront

Robert Audette — Fri, 04 Sep 2009 11:40:20 GMT

Seat belts and car seats have long been touted as providing an essential safety function in the event of a vehicle accident. On September 1, 2009, on Route 295, a jarring tragedy served as another reminder of this fact.

Three women were riding in a Mercedes SUV when it lost control and rolled over. All three women were ejected from the vehicle in the accident, and preliminary evidence indicates that none of the women was wearing a seatbelt. Also in the car were three children aged eight months and one and two years. All three children were in the vehicle when emergency crews arrived on scene - still buckled into their car seats. The three children were treated for minor injuries at the scene. The accident is still being investigated. Police identified the victims Wednesday.

Sheila A. Armstrong, 23, of 189 Hunts Ave., Pawtucket, who was driving the Mercedes sport utility vehicle, was pronounced dead at Rhode Island Hospital, according to the Rhode Island State Police. Passenger Kayla R. Pine, 21, of 1644 Main St., West Warwick, was also pronounced dead at Rhode Island Hospital.

Another passenger is now in serious condition at Rhode Island Hospital. She is Claire L. Narvaez, 23, of 203 Sayles Ave., Pawtucket. She remains in the trauma and intensive care unit at Rhode Island Hospital, according to the state police.

This tragedy may have been lessened. Accidents such as this one occur every day in the United States and serve as grim reminders of the dangers of not buckling up. For the three children, their lives were saved in this accident, likely solely because of their car seats. It is critical that all children be buckled up either in car seats, booster seats or, if their height and weight permit, with adult seatbelts. Just as critical is ensuring that booster seats and car seats fit child passengers properly and that they are installed properly. Many fire stations and some hospitals offer assistance to drivers to insure that safety seats are installed properly.

For drivers, be sure you always wear your seatbelt, and begin a habit of insisting that all passengers in your vehicle are also buckled up. This is not only for your safety but also because many states now have laws which permit an officer to pull a driver over simply for failing to wear a seatbelt. Adjust the seatbelt, if you are able, to fit comfortably since a comfortable seatbelt is a seatbelt which is more likely to be worn.

The accident on the 295 is a terrible tragedy, and the lives of the victims’ families will never be the same because of it. The light of hope out of this incident is that the three children survived with only minor injuries and can be ambassadors, simply by their survival, of the benefits of taking those few extra seconds to buckle up.

Originally posted at InjuryBoard by Robert Audette

Liability for alcohol consumption at your home

Sam Bazar — Thu, 07 Aug 2008 10:28:58 GMT

Civil Liability Generally

The Rhode Island Supreme Court recently restated its position, in the case of Willis v. Omar, that a social host owes no duty to a third party for injuries caused by an intoxicated guest unless a special relationship exists between the host and the intoxicated person. The “special relationship” in which the Court has historically imposed liability on the social host is the situation in which the social host illegally provides alcohol to minors with injury resulting.

Willis involved a situation where a man age 24 and his girlfriend age 22 were served Long Island Iced Tea fortified with Cabo Wabo Tequila “non-stop” over a period of more than three hours while guests at another couple’s home. The host couple encouraged the heavy drinking with the husband saying “You’re Irish. You can do better than that.” When the young man and his girlfriend left that night they were involved in an auto accident in which the girlfriend, who was the passenger in the car, suffered severe injuries, resulting in the amputation of her left leg. Blood alcohol tests administered at Rhode Island Hospital that night indicated that the young man’s blood alcohol was .196 and his girlfriend’s was .261.

In the case of Martin v. Marciano, decided 4 years prior to Willis, the defendant provided kegs of beer and other alcoholic beverages to underage partygoers. An altercation arose, fueled by alcohol, during which the plaintiff was struck in the head by an underage drinker wielding a baseball bat. The Court held that the defendant was liable for the damages caused by an underage drinker’s poor party etiquette. A party host who makes alcohol available to an underage guest owes a duty of reasonable care to protect all of his guests from harm, including criminal assault. Such a duty exists because allowing underage drinking gives rise to a special duty based on public policy and forseeablilty grounds. As the court state in the Martin case, “to avoid assuming a duty of protection, the adult property owner must simply comply with existing law and refuse to provide alcohol or condone underage drinking on his or her property.”

Although supplying underage people with alcohol at a high school party may trigger a special relationship in Rhode Island, serving alcohol to an adult guest does not. The Rhode Island Supreme Court first held in the case of Ferreira v. Strack that a social host owed no duty of care to individuals injured by a drunk driver who was drinking alcohol that he himself brought to the social hosts home. And now in Willis v. Omar the Court has held that a social host owed no duty of care to individual injured by a drunk driver who was drinking alcohol that was provided and served by the social host.

The plaintiff in Willis urged to Court to “create a new frontier that will better today’s society and provide a remedy for a victim in circumstances in which the social host’s hospitality leads to “an atmosphere of reckless drinking and driving.”

The Court declined the invitation stating that “although we are sympathetic to plaintiff and to some of the public-policy issues that she addresses, we decline…to overturn well-settled precedent.” The Court then went on to say that the issue may be addressed through the legislative process if such is the desire of the voters and lawmakers.

Dram Shop Liability

It should be noted that these decisions do not apply to licensed alcoholic beverage servers (such as bars and restaurants) and their agents (see R.I. General Laws §§ 3-14-1, et seq. (1998)), or those legally required to be licensed. A licensed server may be liable for damages that occur to someone injured a drunk driver when liquor is served to a visibly intoxicated person and when a reasonably prudent person in similar circumstances would know the individual being served is intoxicated.

Criminal Liability

Social hosts who serve underage drinkers in their homes have been subject to criminal penalties in Rhode Island dating back about two years. However, Barrington police discovered a loophole earlier this year when breaking up a keg party in the yard of a social host of legal age, with numerous underage drinkers present. They found that they couldn’t charge the owner of the house as a “social host” because the law at the time specified penalties only for underage drinking “in his or her residence.” A new law was enacted this summer intended to close this loophole.

Originally posted at InjuryBoard by Sam Bazar

3 Deaths in Rollover Car Crash

Courtney Mills — Fri, 17 Aug 2007 15:00:00 GMT

Three people died in a rollover crash on Thursday afternoon, and a fourth was injured, in Tiverton, Rhode Island, the police said. The driver was apparently traveling at a high rate of speed and lost control of the vehicle, causing his car to edge off the roadway and flip over, sliding onto its roof. The accident occurred at approximately 5:00pm.

The driver and two of the passengers were killed in the accident, and the fourth surviving passenger was removed and taken to Charlton Memorial Hospital. He is reported to be in stable condition. Our thoughts and hopes are with their families.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Courtney Mills

Pawtucket Teen Killed as she Crossed Road

Shannon Weidemann — Fri, 20 Apr 2007 15:45:45 GMT

A 13-year-old girl was crossing Smithfield Avenue in Pawtucket when she was struck by a car Tuesday evening. She was out walking with a group of friends and family. She died from her injuries at Hasbro Childrens Hospital in Providence.

Her family remembers the victim as a sweet girl that was always taking care of her mother and younger siblings.

The only thing she insisted on, family members said, was her Sims game - an interactive video game that simulated an entire life. Moriah powered up her laptop to check on her Sims friends every afternoon immediately after school.
"You couldn't go near her Sims," a cousin said. "If you touched it, she knew."

The car that hit the victim was driven by a 42-year-old man from Johnston. The family is waiting for answers from the police on how the accident happened.

Originally posted at InjuryBoard by Shannon Weidemann

Seatbelts Save Lives In Car Accident

Jennifer Barry — Tue, 14 Nov 2006 14:55:30 GMT

A car hit a guardrail and launched over it - plummeting 30 feet into a shallow stream. This car accident occurred on Providence Road in Northbridge Thursday. Luckily the driver and two passengers involved in the crash were wearing seatbelts and escaped the wreck with only minor injuries.

Police and Fire Department rescue personnel responded to the scene and found a 2002 Chrysler 300M in the water.
"When we arrived, the car's (occupants) were out of the vehicle already," said Northbridge Fire Lt. David Nowlan. Firefighters then placed a series of absorbent booms in the water to help prevent the car's fluids from being washed into the stream.

Imagine falling head-on into a 30-foot ravine and surviving the impact. This is yet another example of seatbelts saving lives. Please remember to buckle up.

Originally posted at InjuryBoard by Jennifer Barry