Flatbed Truck Accidents In Rhode Island and MA

August 23, 2015

RI Flatbed Truck AccidentsMany flatbed truck accidents and big rig crashes in Rhode Island are deadly, taking the lives of innocent victims who were just sharing the roadway. Most businesses rely on the efficiency of delivering their products, goods and cargo on flatbed trucks that have the added capacity to transport oversize loads over long distances. The configuration of a flatbed trailer increases its ability to carry substantially heavier weight compared to enclosed 18-wheelers.

The highways, streets and side roads of urban and rural areas are filled with flatbed tractor-trailers hauling goods across the city, state, region and nation. The exposed cargo on open flatbeds require substantially more care during the loading process in an effort to secure the load safely.

The FMCSA (Federal Motor Carrier Safety Administration) maintains strict regulations involving loading and transporting every type of material on a flatbed truck as well as regulating tractor trailer trucks. These regulations help increase safety to ensure that every load is balanced to avoid rollovers, jackknife accidents, driver negligence problems and failure of the breaking and steering systems. Unfortunately, many serious flatbed truck accidents still occur every year.

Common Accident Causes in Rhode Island and Massachusetts (MA)

Unlike a traditional semi-truck trailer, flatbeds are designed to pull heavy loads on an open flat surface area without walls. Typically, these trucks carry cargo that is awkward, heavy or odd sized including lumber, building materials, concrete slabs and large equipment. However, if the truck and trailer are involved in a collision, crash or accident, the cargo can easily shift, move or completely fall off the flat surface.

Many times, the heavy load will become a projectile, causing subsequent collisions while crashing into oncoming traffic or others sharing the road. These MA and RI accidents are usually the result of insufficient securing of the load by personnel required to ensure its safety. In some incidences, pieces of loose cargo fall from the flatbed into surrounding vehicles, killing or maiming innocent victims.

However, not every flatbed truck accident occurs on the road in Rhode Island and Providence Plantations and the Commonwealth of Massachusetts. This is because loading the cargo onto a flatbed truck is just as dangerous and hazardous as transporting it. The individuals loading the truck can easily make mistakes and place the goods in a precarious position that leads to an accident when the load shifts unexpectedly.

A Duty of Care in Rhode Island and Mass.

Flatbed truckers in Rhode Island and Massachusetts are obligated to provide a duty of care to every other motorists, biker, passenger and pedestrian on the roadway. Their duties to ensure safety include:

• Keep a lookout for dangerous conditions on the roadway.
• Comply with every applicable federal and state traffic law.
• Use every reasonable means required to avoid an accident.
• Follow all federal and state regulations mandated by the FMCSA.

In addition to the above duty a care, all flatbed truckers in RI and Mass. must follow CDL driving regulations and maintain full proficiency in handling the truck that include: backing up, parking, maneuvering, and maintaining the tires, lights and engine. Every trucker must also perform a pre-trip inspection of the entire vehicle and follow all hazardous material containment procedures and regulations.

Damages in Providence Superior Court or in Boston Courts

If you, or a loved one have been seriously injured in a flatbed truck accident in Rhode Island or Boston Massachusetts, you likely have the legal right to seek financial compensation from the trucking company and driver. You are likely facing a barrage of medical expenses, especially if you are unable to work because of the accident. Your injuries were not your fault and you should not be left paying the bills to recover fully. However, filing a claim and negotiating a settlement is often complex and requires the skills of a reputable Providence personal injury attorney or Boston truck accident lawyer who specializes in these types of cases.

A Rhode Island personal injury lawyer or a RI truck crash attorney working on your behalf can ensure you receive monetary recovery for all damages that include the cost of medical care, hospitalization, rehabilitation and physical therapies. Your Rhode Island flatbed truck personal injury attorney will also seek compensation for non-economic damages including recovery for your pain, suffering, mental anxiety, emotional distress and grief while holding those accountable for your injuries legally and financially responsible for their actions.

In the event that a spouse, Loved or family member was killed in a fatal semi truck, tractor trailer or 18 wheeler big rig collision then the executor of the estate needs to retain a Rhode Island wrongful death attorney or Massachusetts fatal truck crash lawyers. A deadly truck collision requires the experience and expertise of a Wrongful death attorney in RI who has litigated many fatal truck and car wreck causes of action.

http://www.nhtsa.gov/NCSA


Financial Compensation for a Fatal Car Accident | RI & MA

August 8, 2015

Financial Compensation for Fatal Car CrashIf the life of your loved one was lost in a fatal car crash, you are likely dealing with the immense sadness, shock and disbelief that they are no longer here. If the Rhode Island or Massachusetts motor vehicle accident was the result of another driver’s carelessness, recklessness or negligence, you are likely feeling angry while hoping to seek justice against those at fault for your loss. Even though there is no level of compensation that can bring your loved one back, you are likely ready to discuss your rights to hold those responsible financially accountable for the untimely death.

Hiring a RI wrongful death attorney or a MA fatal automobile crash lawyer can help deal with the challenges you now face. A skilled Boston or Providence personal injury law firm with years of experience in handling car accident wrongful death cases can assist you in navigating the process of receiving financial recovery from every party at fault for the crash. Legal experience is important because the complexities of the auto insurance law and civil tort lawsuits to obtain compensation can be challenging at best when going it alone.

In many cases, there are multiple parties legally responsible for the automobile, motorcycle or tractor trailer- car crash. The accident may have occurred through negligence by another driver, from faulty equipment caused by an automotive design defect or flawed manufacturing process, or bad roadways caused by a lack of maintenance. The death of your loved one, spouse or family memeber might have resulted from an individual driving under the influence (DUI), Drunk driving, who is simultaneously facing criminal charges. The RI or Mass. motor vehicle accident might have only involved a single vehicle, which can often make it difficult to determine exactly who or what is at fault for the crash.

Thousands of Fatalities Every Year in car, truck, motorcycle and motor vehicle accidents

Since the invention of the automobile, more than 3.5 million individuals have lost their lives in vehicle accidents nationwide. Statistics maintained by the Insurance Institute of Highway Safety (IIHS) show that more than 32,000 traffic fatalities occurred in 2011. Even though that year had the lowest fatality number on record since 1949, the factors that lead to the high majority of deaths, including driving while distracted, inattention and driving drunk continue to be serious problems.

In 2013, nearly 6 out of every 10 motor vehicle fatalities across the country involve only a single vehicle collision. In many incidences, the crash occurred because of outside forces including adverse weather, road conditions or lack of signage at road construction zones.

Massachusetts wrongful death lawyers and providence fatal car accident attorneys Handling Insurance Companies

Resolving a claim for financial compensation after a deadly accident in which one or more persons were killed can be difficult without legal representation. This is because the opposition in a car crash is not the other driver, but the insurance liability company that provides coverage to the policyholder. Insurance carriers are in the business of making money, which often comes at the expense of paying adequate compensation on claims to victims suffering injuries: and surviving family members who of lost a loved one in a fatal RI motorcycle or trucking accident. In many incidences, the claims adjuster will use various proven approaches to pay a reduced amount of recompense or find ways to avoid paying the claim completely.

A successful fatal car accident personal injury attorney in Rhode Island or the Commonwealth of Massachusetts who specializes in wrongful death cases will have the experience in standing up to automobile insurance companies. These Rhode Island and Providence Plantations law firms have extensive resources and access to investigators trained to gather evidence, consult eyewitnesses, review medical records and reconstruct the scene of the collision to build a strong case. Their efforts ensure you will receive the fair compensation you deserve to recoup your expenses and provide financial security in your future that can no longer be provided by your deceased’s loved one.

Legal Representation using a Rhode Island car accident lawyer or a MA auto crash attorney on Contingency

Wrongful death claims handled by personal injury attorneys in Massachusetts (MA) are accepted on contingency. This means that the RI lawyer provides legal representation without the need of paying any upfront fees. The Boston law firm typically provides an initial free consultation to discuss and evaluate the merits of your claim and can provide various legal options on how to proceed. During your case evaluation your Rhode Island personal injury lawyer or MA personal injury attorneys will give you the opportunity to discuss your situation and provide counsel to understand what you need to move forward during your grieving process.

http://www.iihs.org/iihs/sr/statusreport/article/50/1/1


Filing a Fatal Premises Liability Accident Lawsuit in RI or MA

August 6, 2015

Fatal Premises Liability Accident Property owners in Rhode island and Massachusetts are legally bound to keep their premises secure to ensure that all visitors, guests, occupants and tenants remain safe at all times. Whenever the property becomes hazardous or unsafe, the property owner, site manager or others in charge of the premises are responsible to repair the condition, barricade the hazard or warn others of the danger. Any breach of that responsibility can hold them legally liable if an injury or fatality accident occurs.

Claims and lawsuits involving premises liability in RI and MA typically arise when an individual is injured or killed on the property belonging to another. This is true on both residential and commercial property. Victims and surviving family members in Providence and Boston can take legal civil action against every party at fault for their negligence, carelessness, recklessness or inattention to the problem. Most Rhode Island and Mass. premises liability lawsuits involve:

• An unsafe environment
• Negligent security that creates the opportunity for criminal activities
• Serious slip and fall accident
• Animal attack and dog bite
• Construction site accident
• Escalator or elevator mishap
• Broken walkways and unrepaired crumbling sidewalks
• Electrical shock and electrocution
• Exposure to asbestos, mold or other hazardous condition
• Water hazard that causes a drowning
• Collapsing decks, balconies and porches
• Greasy surface or slippery floor
• Lack of proper lighting
• Falling object, debris or merchandise from heights
Unsafe or hazardous conditions and environments in the workplace that could include a movie theater, garage, office complex, mall, theme park or other commercial venue

Proving a Case for compensation in Rhode Island and Providence Plantations and the Commonwealth of Massachusetts

While it might be obvious to surviving family members what took the life of their loved one involved in a fatal premises liability or slip and fall case, these types of claims for compensation are challenging to litigate. This is because most cases involving premises liability are complex and usually depend on proving specific elements including:

• A dangerous condition existed.
• The property owner, site manager or others were aware of the problem, or should have expected it to exist.
• There was a lack of adequate warning signs posted in the area.
• No action was taken to remedy the problem in a timely manner.
• There is a direct link between the lack of remedy or posted signs and the death of the victim.
• The death of a loved one financially impacts the remaining surviving family members.
• The financial losses and damages experienced by the victim’s survivors are real.

Obtaining Compensation in a Rhode Island wrongful death claim or a MA fatal fall accident

Many wrongful death claims and lawsuits involving fatal premises liability accidents are settled out of court after being negotiated by a successful Rhode Island personal injury attorney or Massachusetts wrongful death lawyers . However, in some cases, insurance companies are unwilling to make a financial offer to settle the case at an amount deserved by the surviving family members. When this occurs, the wrongful death law firm will file a lawsuit representing the executor of the estate on behalf of the survivors and build the case to take to jury trial.

Effective RIpersonal injury attorneys or MA slip and fall lawyers will aggressively represent the deceased victim’s family members to ensure maximum compensation is obtained in a jury award after a successful trial. The compensation can cover expenses including:

• Medical bills including hospitalization, ambulance costs and other bills attributed to the victim prior to their death.
• The loss of services and financial support no longer available by the decedent.
• The loss of companionship, friendship and consortium.
• The costs of the victim’s funeral and burial.
• Intangible damage including pain, suffering, mental anguish, emotional trauma and grief.

It is important to note that acting quickly is important. A wrongful death lawsuit in Rhode Island or Massachusetts must be filed before the state’s statute of limitations expires. These types of cases are handled on a contingency fee basis. This means that the RI premises liability lawyer will provide legal services including file a claim, build the case, negotiate a settlement and represent surviving family members at trial without the need of paying upfront fees.

It is essential to schedule a consultation with a skilled Rhode Island wrongful death attorney right away. Most Massachusetts premises liability accident lawyers and RI slip and fall attorneys provide an initial free evaluation of the case. The law firm can offer various legal options on the best way to proceed to obtain financial compensation from every party at fault.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.


Fatal Bicycle Accidents in Rhode Island | Providence Injury Attorney

August 1, 2015

Rhode Island Fatal Bicycle AccidentsRiding a bicycle in Rhode Island is a healthy and fun alternative to taking the car out on a ride or using transportation to work or school. However, bicycle riding in Providence is often dangerous, especially when motorists do not share the road as required by law. A bicycle accident in RI can occur in an instant when a motorist recklessly follows the bicycle too closely, drives with disregard to the rules of the road or fails to provide the cyclist adequate room to pass.

Barrington, Bristol, Warren and East Providence lawyers

Many Barrington, Bristol and Warren motorists are unaware that bicyclists are given the same rights to use roadways and streets as drivers, and often make poor driving decisions that kill or injure cyclists while riding. Those poor decisions take the lives of more than 700 individuals every year in fatal bicycle accidents on the nation’s highways, roadways and streets.

Often times, bicycle accidents in Coventry, Cumberland and Burriville are the result of careless texting while driving or distracted driving by motorists failing to show reasonable regard for the well-being and safety of cyclists. Slightly more than two thirds of all bicycle accident fatalities occur in urban areas. The vast majority of these fatal accidents occur near sundown at intersections when lighting and visibility are decreased. However, aggressive driving, texting and driving, distracted driving, drowsy driving, inattention, distractions and failing to share the road are also leading reasons why so many cyclists die every year.

Common Bicycle Accidents In Rhode Island necessitating a Providence Bicycle accident attorney

Fatal bicycle accidents in RI and in the communities of East Greenwich, Newport, Tiverton, Bristol and Jamestown happen for various reasons. The most common types of accidents involve:

• A vehicle illegally turning left in the pathway of the cyclist
• Vehicles or bicyclists running stop signs and red lights
• Distracted driving where the motorist hits the bicyclist from behind
• Defective bicycle parts
• The cyclist making a hazardous or unpredictable maneuver
• Motorists operating their vehicle under the influence of alcohol or drugs
• Motorists failing to use their mirrors properly when changing lanes
• Motorists maneuvering their vehicle into the pathway of the cyclist

A RI car accident could also be caused by the suns glare.According to Salt Lake bicycle accident attorney James Esparza “Sun glare is a problem throughout the year, but especially during fall and winter. The low angle of the sun means that the sun is shining on the windshield throughout the day, not just at sunrise and sunset. And, the mountain snow just makes it worse. Sun glare on snow and ice can blind a driver and keep him from seeing cars, pedestrians and traffic signs. Sun glare or sun blindness is to blame for numerous Salt Lake City car crashes.” http://www.jamesesparza.com/faqs/who-is-liable-when-sun-glare-causes-a-salt-lake-city-car-accident-.cfm

Bicycle Rider’s Legal Rights enforced by top Rhode Island personal injury lawyers

Bicycle riders in Rhode Island and Providence Plantations have legal rights when sharing the roadway with trucks, automobiles, motorcycles, pedestrians and other bikes. Motorists are required to take precautions to ensure the safety of bicyclists sharing the road. These precautions include:

• Drivers must use their mirrors to look for any sign of a passing bicyclist or bike rider prior to opening their door
• Drivers are required to maintain a safe distance on the left of the bicycle when passing
• Motorists are required to avoid making abrupt turns prior to passing a bicycle
• Motorists are required to yield to any oncoming cyclist prior to making a left turn

A Case of Negligence in Providence Superior Court

Violating traffic rules and laws or failing to exercise due care for the safety and well-being of the bicyclist often constitutes negligence in a civil lawsuit or claim for compensation. Negligence might exist if the driver violates the speed limit, operates the vehicle irresponsibly in adverse weather conditions, or drives drunk or distracted. Any failure to signal a lane change or an illegal turn by the motorist that leads to a fatal bicycle accident in Rhode island can also serve as the foundation of negligence in a RI wrongful death case.

However, negligence can extend far beyond a motorist making bad driving decisions. In some cases, a failure to properly maintain road surfaces, post traffic problems or cordon off construction zones might also be seen as negligence under the law. Bicycle and automobile manufacturers and suppliers can also be found legally liable in product liability causes of action if it can be proven they were negligent in designing, manufacturing or selling defective tires, braking systems, equipment or components.

If a loved one,spouse or family member was killed in a deadly bicycle accident in Rhode Island then you need to contact a Rhode Island wrongful death attorney. A good RI wrongful death lawyer will also be an experienced Rhode Island bicycle accident lawyer who is also a top Providence personal injury lawyer.

http://www-nrd.nhtsa.dot.gov/Pubs/812018.pdf

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Who may recover for loss of consortium as a result of a fatal car, truck, motorcycle or other deadly crash in RI?

The decedent’s spouse is entitled to recover damages as a result of a fatal Rhode Island truck crash or deadly providence bicycle or premises liability accident causing a person to be killed. “…minors may recover damages against the person for the loss of parental society and companionship. …the parent or parents of the minor may recover damages against the person for the loss of the minor’s society and companionship.” http://www.lawserver.com/law/state/rhode-island/ri-laws/rhode_island_general_laws_10-7-1-2″ http://www.ripersonalinjurylaw.com/key-provisions-ri-wrongful-death-law/