Fatal Distracted Driving Truck & Van Accident

In March, 2010 there was very serious tragic Motor vehicle- truck and van crash which caused 11 fatalities in Kentucky. A semi Truck departed its lane, crossed the median and entered the lanes of travel northbound.

A Van carrying 12 passengers crashed into the tractor as the van crossed the highway DIRECTLY IN FRONT OF THE VAN.

“The truck traveled across the median and struck and overrode the high-tension median cable barrier adjacent to the left shoulder of northbound I-65. It then crossed the shoulder and entered the lanes of northbound I-65. A 15-passenger van, containing 12 occupants, was traveling northbound in the left lane. As the truck crossed in front of the van, its tractor was struck by the van. As a result of the accident and the truck fire that ensued, the truck driver, the van driver, and nine van passengers died. Two child passengers in the van, were using child restraints, sustained minor injuries” NTSB

NTSB report: “Truck‐Tractor Semitrailer Median Crossover Collision With 15‐Passenger Van Munfordville, Kentucky”

The National Transportation Safety Board (NTSB) made numerous findings concerning the Truck Accident: The NTSB concluded that weather and the conditions of the highway played no role in this van collision. There was no medical emergency or medical necessity that was the precipitating cause of the truck going out of control Mechanical issues or mechanical failure of the truck was not a cause of this trucking crash. There was no defective brakes or tire failure or worn tires. This was a distracted driving truck-van wreck caused by the negligent trucker utilizing a mobile phone. “Because he was distracted from the driving task by the use of his cellular telephone at the time of the accident, the truck driver did not maintain control of his vehicle…Because changes in driving behavior occur when the cognitive distraction of a cellular telephone conversation diverts attention from driving, use of either a handheld or a hands-free cellular telephone while driving can impair driver performance… The truck driver was fatigued at the time of the accident, which may have contributed to the distraction effects caused by the use of his cellular telephone. Id.

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.

MA & RI Social Security Disability Attorneys | SSI & SSDI

Supplemental Security Income (SSI) and Social Security Disability (SSDI) are benefits provided to individuals based on their assets, income and needs. However, there are significant differences between both programs and who is entitled to receive benefits.

The SSI Program

The Supplemental Security Income program was developed on a stringent need-only basis for benefits are provided to individuals in an amount in accordance with the beneficiary’s assets and income. The funds are provided through general fund taxes. Often referred to as a “means-tested” program, Supplemental Security Insurance is not associated with an individual’s work history but based on their financial needs.

Disabled individuals who are eligible for SSI benefits might also receive Medicaid through the state’s insurance system. In addition to financial benefits, recipients might also be provided food stamps.

The SSDI Program

Alternatively, the Social Security Disability Insurance program is funded through the individual’s payroll taxes. The benefits are provided through “insurance” because the individual has contributed to their Social Security trust fund through FICA taxes. Every recipient through the SSDI program must be 64 years old or younger and have earned a specific amount of “work credits.” In some scenarios, the spouse or dependents of the disabled individual might also receive partial payments known as “auxiliary benefits.”

The SSDI program is not state-sponsored with supplemental payments. However, additional benefits through the SSI program might be provided as a state supplement.

Rhode Island meets the national average of receiving disability benefits that tend to vary between states. Approximately one out of every three initial applications is accepted for compensation while another one out of nine requires a Reconsideration Review. Nearly one-half of all cases for supplemental security income benefits will involve an appeal hearing with an average wait time for a hearing in front of an administrative law judge of more than 375 days.

Rhode Island has a State Supplemental Payment (SSP) benefit that is awarded through the state’s Department of Human Services (DHS). Beneficiaries in the state receive two checks every month, from SSA (Social Security Administration) and DHS.

Developing a Case for Compensation

Nearly every individual applying for SSI and SSDI has little comprehension on how to prepare a claim for compensation to present their case at a hearing. As a result, they often hire a skilled Rhode Island attorney or MA SSI lawyer to serve as a legal representative and advocate. These RI SSDI lawyers have expertise and familiarity with the rules and regulations of the Social Security Administration. The Rhode Island Social security disability lawyer or Massachusetts SSDI attorneys can provide legal assistance in developing a case for compensation. As an effective disability advocate, the MA (mass.) or RI attorney understands exactly what the administrative judge wants to review, including a particular medical condition and much-needed answers from the claimant’s doctor.

These Mass or RI attorneys work on contingency and are only paid when the claimant wins their case. The Massachusetts or Rhode Island lawyer provides a variety of services including:

• Locating and acquiring essential medical documents, test results and diagnoses.
• Acquiring detailed written statements from each treating physician
• The use of their expertise to complete the application documentation, meeting all SSA regulations to complete the disability adjudication process

The majority of unrepresented individuals who have successfully completed their claim and won an award often do not receive the best “onset date” that determines the amount of back pay they will receive. Alternatively, a skilled Rhode island or Massachusetts attorney will know how to provide evidence of the earliest onset date to ensure the claimant receives benefits from the beginning of their disability or financial needs and not from the time their case is resolved.

The sooner the claimant hires a Rhode island or MA attorney to apply for benefits the better. This is because receiving benefits through both the SSDI and SSI programs can take a significant amount of time.

Steps To Take After an Injury In a RI or MA Car Accident

It can happen in a flash. You’re driving down the street, and the next thing you know you’ve been in a Rhode Island car crash. Any time you’re in an accident, it’s a shock, but if you’re injured the situation can be even more confusing and frightening. That’s why it’s always important to know exactly what to do in the case of injury, so you’re prepared in the event that the unthinkable happens.

Call for Help

If you’re injured in a car accident in Rhode Island or Massachusetts and you’re able to get to a phone, the first and most important thing to do is call the police. By doing this, you’ll be able to ensure that you and whoever else is involved in the car accident will get the help they need as soon as possible. Describe the situation to the authorities as accurately as possible when you call including: number of people, if there are any children involved, number of injuries, type of accident, and so on. This will help the dispatcher know which services you need, and can help you and those involved, get help much faster than if you only provide vague details.

Don’t Leave the scene of a RI or MA motor vehicle crash

Never leave the scene of a Rhode Island or Massachusetts (MA.) accident until you are cleared to leave by the police or medical personnel. It is important that everyone stay where they are and in a safe place, and that all of those who were involved in the accident are available to answer questions, give reports, exchange insurance information, and get medical treatment. While it’s acceptable and advisable to move over to the side of the road (if you can) or get out of the way of traffic if you’re located in an unsafe area.

If you can stay where you are without increasing the risk to you or others, do so. When police and medical personnel arrive at the scene, they will help guide you to a safe place without increasing the risk to those involved in the automobile crash and other drivers.

Check on Others

Check on the other passengers of your car first to see if anyone is seriously injured. You should do this while you’re calling for medical help. That way, you’ll have an accurate injury count to provide to the dispatcher. If you’re able to get to the other car to see if they are injured without endangering yourself or furthering your injuries, you may do so. However, if you’re injured, it’s best not to move unless staying in the car poses an eminent threat to your safety.

Solicit the Help of Witnesses

If other people saw the car or truck accident and are standing around the scene (or otherwise available for conversation) be sure to ask them if they’d be willing to talk to the police and medical personnel who arrive. Eyewitnesses can corroborate each other’s stories, and also help to provide support for your claim. Physical evidence is important, but it can only go so far in telling the medical and legal professionals handling your case what happened. Eyewitness testimony can go a long way to proving your case should it go to trial, but they can also provide crucial information for your insurance company and the first responders, as well.

Capture It
Take as many pictures as possible immediately after the RI or MA auto accident/ crash. Even if you can’t leave your car, if you have access to a camera or a smartphone with a camera app, start taking as many pictures as you can. Once the accident has been cleared from the road, it’s much more difficult to determine what happened. The more images you can take, the better your case will be, and the more efficient the legal and medical professionals acting on your behalf can be. Pictures are often the proof you need to convince others of your version of what happened. Also, all the pictures you take may go into your insurance file, so even if it never goes to court, you still might be able to help yourself financially in this manner.

Track Expenses
It’s crucial that you track any medical, legal, or other expenses related to your motorcycle , bicycle or semi truck accident, and keep them in a folder or file that you can easily access. Your insurance company, personal injury lawyers, other medical professionals, and anyone else related to or working on the case will need this information, and it will be particularly helpful to you if you have to go to trial due to your motor vehicle accident.

Remember: safety is your first priority. Gather all the information you can, call emergency services, get to a safe place if possible, and let the professionals do their job and help you and those with you. However, be your own advocate as well by taking pictures, tracking expenses, gathering witness testimony, and keeping a file with all of this evidence. Accidents can happen, but now you’ll be prepared.

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.