RI and MA bicycle accident attorney

August 4, 2016

Even with protective gear, a bicycle accident can be a life-altering event. Whether a cyclist is hit by a car or goes over the handlebars due to unsafe road conditions, the injuries that take place after these accidents should never be taken lightly. In addition to seeking out medical attention, injured victims should also speak with an experienced RI personal injury attorney who is also a Rhode Island bicycle accident lawyer or a MA bicycle accident attorney  so they can learn more about their rights and responsibilities following an accident.

Alarming Bicycle Accident Statistics

According to the Insurance Institute for Highway Safety, over two percent of all car accident deaths are bicyclists. Even after sweeping changes to state and federal laws regarding cyclists on the road, there are still hundreds of deaths and thousands of injuries every year in the United States. Unfortunately, these startling numbers have been on the rise for the past five years. This has left thousands of families struggling with medical bills, legal fees, and even funeral expenses.

Common Injuries

The American Academy of Family Physicians keeps very close records of the most common bicycle-related injuriesin the country. Most  Rhode Island bicycle accidents result in acute trauma to the arms, legs, hands, and feet. This includes sprained joints, muscle tears, lacerations, torn ligaments, and broken bones. “Road rash” is another major concern for cyclists due to the fact that it can leave permanent scars. Riders  in Massachusetts who do not wear the proper gear have a very high risk of injuring their head, neck, or back if they are involved in an accident. Unfortunately, head injuries account for nearly 25 percent of all bicycle-related wounds.

Immediately Following an Accident-seeking  personal injury lawyers
The steps you and your loved ones take immediately following a RI or Massachusetts bicycle accident could impact you for the rest of your life. The first thing you must do is seek out professional medical attention. Many riders do not feel their injuries right away because of the adrenaline in their system, and that is why it is so important to schedule a comprehensive exam even if you feel fine. The next step is to collect all of the information you can involving the accident. That includes the contact information of everyone involved, pictures of the scene, and a description of the accident from your perspective. Finally, victims or their loved ones should immediately contact a  Rhode Island personal injury attorney or Mass. Bike crash attorneys  who can guide them through the process of filing a claim and receiving compensation.

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Car and Bicycle Accident Statistics

July 30, 2016

About two percent of motor vehicle accidents per year involve bicyclists. In 2014, 720 bicycle riders were killed in crashes involving vehicles.
Older people have become more involved in fitness, and persons 20 and older are 86 percent of the fatalities, tripling the numbers from 1975. In 2014, 551 males to 68 females over the age of 20 were killed. Of those deceased, only 17 percent were wearing helmets. If you were injured as a result of a motor vehicle crash with a bicycle in Rhode Island or Massachusetts, please contact a Rhode Island bicycle accident attorney.

Fault in Rhode Island bicycle accident

In view of these statistics, who is more likely to be at fault or have a legal case in a car-bike collision? The Federal Highway Administration admits that they don’t know. “Fault is difficult to determine,” replied a spokesperson for the administration. Cars seem the more likely culprit, because they are big and powerful compared to bikes. But what are the possibilities of legal claims for bikers or drivers?

Rear end crashes

Cars striking bikes from behind seem the most common bike accident. Even traveling at a very slow speed, a car hitting the back of a bicycle can send the rider face-first into the pavement.  Who’s at fault? Again, a good legal inspection is imperative, as there are many variables besides carelessness determining why a vehicle might strike a bicycle from behind. In nearly every situation in Rhode Island, a car motorist striking a cyclist is at fault for the crash.

Intersection accidents

Forty five percent of bike/vehicle accidents take place in intersections. Drivers need to take that second look to make sure intersections are not just cleared of cars, but of smaller vehicles like bikes. Bike riders need to maximize their visibility and realize the hazards of biking through a busy intersection.
The basic laws of liability require all to follow the rules of the road. Whoever is at fault for disobeying traffic laws will most likely be found liable. Even though a cyclist will sustain more damage than a car, not following the rules of the road will find the cyclist liable.

Unmarked intersection

Upon approaching an unmarked intersection, the vehicle arriving first, and bikes are legally considered vehicles, has the right-of-way. Upon arrival at the same time, the vehicle on the right has the right-of-way. If a car hits a bicycle because of failing to yield the right-of-way to the cyclist, the driver is at fault.

Intersection with one stop sign

If the bicycle rider is riding in a street with no stop sign and a car approaches from a street that does have a stop sign, the car motorist woukd be liable for any bicycle accident. Whether poor visibility or absent-mindedness, the accident will be attributed to the driver. However, if the cyclist was riding against traffic, (60 percent of the time) both of the drivers may be found at fault.

Bike and car accidents don’t often end well. No matter who is at fault, the bike rider is often severely injured and the vehicle driver traumatized.

If you have been involved in a car-bike accident, you are no doubt struggling with medical bills and insurance claims. Taking the proper steps to handle your case and possible compensation is vital to your future. If you were injured in a bicycle accident in Rhode Island  then contact a RI bicycle accident lawyer / Rhode island personal injury attorney at our firm to get the justice you deserve.

Sources:

Bicycle Accidents

http://www.npr.org/sections/health-shots/2011/05/20/136462246/when-bikes-and-cars-colli


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.

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

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/


RI & MA Bicycle Accidents | Bike Crash Injury Attorney

October 21, 2014

RI & MA Bike Crash While decades ago bicycling was an experience primarily enjoyed by children, in recent years many adults have taken up the sport for a variety of reasons. Some use the bicycle as an effective tool for staying in shape while other utilize a bike to take short trips to the store or commute to work. The practicality of using a bicycle, along with the health benefits obtained through cycling every day make it an enjoyable sport for adults of nearly any age.

However, the increase in popularity of bicycling has also escalated bicycle accidents among adults. According to the CDC (Centers for Disease Control and Prevention) bicyclists are at a greater risk of suffering crash-related injuries and fatalities than from being a driver or passenger involved in a motorized vehicle accident. In 2010, nearly 800 bicyclists across the nation died from a bicycle-related accident with an additional 515,000 visits to the emergency room to handle injuries.

The highest death rates of bicycle accidents across the United States and in all likelihood in RI and MA tend to occur in young adults aged 15 to 24 years and older adults 45 years and up. Young adults up to 24 years old, along with adolescents and children aged 5 to 14 years are the major groups with the highest numbers of non-fatal bike-related injuries, according to emergency room statistics. Males have a higher potential of being killed or suffering serious injuries riding bicycles compared to females.

Preventing a bicycle Accident in Massachusetts and Rhode Island

There are simple solutions for preventing bicycle-related injury or death in the United States and in communities such as Boston, MA and Providence RI. Some communities are implementing helmet laws for young and old bicycle riders. Wearing a bicycle helmet can significantly reduce the potential of suffering traumatic brain or head injury when involved in a  Mass. or Rhode Island crash. Every cyclist can provide adequate protection to the head and neck by purchasing a properly fitted bicycle helmet and using it each time they ride.

In addition to wearing a properly fitted helmet, bicyclists in Cranston, Warwick and Woonsocket need to increase their visibility both day and night. Wearing fluorescent clothing can enhance the visibility of the bicyclists from a greater distance away compared to wearing regular clothing, even during daylight hours. Wearing highly reflective clothing can increase the visibility of the bicyclist at night.

In addition, installing and using active lighting can increase the brightness red light on the rear of the cycle, and white light on the front to enhance visibility. Reflective strips should also be applied to the sides of the bicycle as a way to increase its visibility from every direction.

Many communities  In Rhode Island and Massachusetts (MA) have developed and implemented roadway engineering measures to increase bike safety by installing bicycle lanes along the city’s busy streets. Riding in the designated bicycle lane in conjunction with reflective gear and helmets increases the cyclist’s safety.

Taking Legal Steps after a Mass. Or Providence Bicycle collisions with a motor vehicle

Because of the high number of adult bicycle-related injuries and fatalities throughout the nation, it is essential that cyclists in Mass. and RI  do everything possible to stay safe on the road. Every cyclist is held to the identical legal responsibility as motorists, truckers and others operating vehicles on roadways, highways and freeways.

Unfortunately, the consequences can be devastating any time a cyclist is hit by a passenger car or commercial vehicle. Typically, injured cyclists will hire a  Rhode Island personal injury attorney specializing in RI  bicycle accident claims and lawsuits. In Massachusetts injured cyclists will hire a  Mass. personal injury attorney specializing in MA  bicycle accident claims and lawsuits.In many situations, the  Boston law firm will investigate the accident to determine every party at fault, to hold those negligent accountable for their action.

Potential defendants in a bicycle accident lawsuit might include a motorist, the municipality in charge of poorly maintained roads, if plot holes or debris caused the accident. Other defendants may include the bicycle manufacturer for installing faulty safety equipment or any negligent party responsible for the injuries.

http://www.cdc.gov/HomeandRecreationalSafety/Bicycle/
http://www.hcup-us.ahrq.gov/reports/statbriefs/sb135.pdf

RI Child Custody Attorneys

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