Utilizing Black Box Data to win Multi-Million Dollar Truck, Motorcycle & Fatal accident verdicts

December 2, 2016

A black box is a layman’s term for an Event data Recorder (EDR).   An accident re-constructionist  engineer will rely heavily on the black box to determine how an accident occurred and who was at fault for the motor vehicle wreck. Assuming the EDR device is operating as the manufacturer intended it to operate and the vehicle has an EDR device installed, such data can be an invaluable tool for the collision Reconstruction. The engineer can  get answers on how the crash occurred and who was at fault.

Utilizing Black Box Data to win Multi-Million Dollar Truck, Motorcycle and Fatal Wrongful Death Litigation

A personal injury attorney in Rhode Island or Massachusetts having a firm understanding of how an EDR works, can use such data to take the insurance company to the proverbial mat.  Having a basic understanding of EDR data as well as an expertise in catastrophic injury and  wrongful death cases involving motor vehicles, trucking litigation and motorcycle accidents is paramount for the RI injury attorneys. These types of fatal death cases and catastrophic personal injury cases  require a personal injury lawyer in Rhode island or Massachusetts with vast resources (deep pockets) and an understanding  of data provided by the black box.

Catastrophic injury cases

EDR data is typically only used in catastrophic injury cases or wrongful death car, semi truck, or motorcycle accidents. A catastrophic injury case is usually a a claim valued at over a million dollars or multi-million dollars. A catastrophic injury usually requires a lifetime of medical treatment and may cause the victim to be permanently disabled. A catastrophic injury is paraplegia (someone rendered a paraplegic as a result of a terrible crash) or amputation (loss of limb).

Attorneys Andrus, Wagstaff state “These types of injuries can be devastating to a family and many times result in the need for 24 hour care and assistance of the victim by family members and hired professionals.” According to personal injury attorneys Andrus Wagstaff, Attorneys at Law, “A catastrophic injury can necessitate a lifetime of medical care, or repeated reconstructive surgeries. Injuries that require significant medical treatment or long-term or lifetime permanent disfigurement, impairment or disability can be considered catastrophic personal injuries. Injuries this severe cause permanent disability, significant suffering, and substantially shorten an injured person’s lifespan up to and including premature death of the victim.” https://www.andruswagstaff.com/catastrophic-personal-injury

 

 


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.


Filing a Rhode Island Wrongful Death Lawsuit with a RI Injury Attorney

August 30, 2014

Wrongful Death Lawsuit in Rhode Island When an individual is killed or dies through the negligence, recklessness or misconduct of others in RI or Massachusetts, surviving family members can file a wrongful death claim or lawsuit in Rhode Island or MA. Wrongful death can occur through negligence or intent when the victim dies in an accident, by medical malpractice, slip and fall, construction injury, RI Car crash, pedestrian accident and other incidences including murder.

Wrongful death lawsuits in Rhode Island must be pursued by the executor of the decedents estate on behalf of the statutory beneficiaries of the estate. Depending on the circumstances an immediate family member of the decedent will be compensated as a result of the death. The statutory beneficiaries could include spouses, siblings, children, parents and grandparents of the deceased individual.

§ 10-7-2 Persons who may bring actions – Limitation of actions – Minimum recovery period. – “Every action under this chapter, other than one brought under § 10-7-1.2, shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate;”  http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-2.HTM

Determining if a lawsuit is worth pursuing is best accomplished by consulting with a reputable Rhode Island wrongful death attorney or a top MA fatal crash lawyer. The law firm can evaluate the merits of the claim, offer legal options and assist the family members in filing the lawsuit before the expiration of the state’s statute of limitations.

A wrongful death could occur from any type of accident including: truck accidents, pedestrian accidents, auto accident, motorcycle crash, bicycle accident, slip and fall or premises liability incident.

Proving the Case

By law, four key elements must be true to file suit for a wrongful death. These elements include:

• The death of the loved one can be linked directly to the defendant in part or in whole
• The death of a loved one occurred because of negligence or intent of the defendant
• The death of a loved one affected surviving family members qualify under the law to receive financial recompense through a verdict or settlement in a wrongful death case
• The death of a loved one caused damages

Intent or Negligence

Every wrongful death claim will be based on either intent or negligence. Intent is considered the willful action of another to cause harm or death. The law considers negligence as a failure by the defendant to provide reasonable care to a situation, which led to the wrongful death.

Examples of negligence could include a commercial truck driver’s reckless actions, which caused a collision with fatalities, a rear end automobile crash, a drunk driving hit and run motor vehicle crash,  or a physician making medical errors resulting in the death of their patient (medical or surgical malpractice) The negligent action, or omission of action, directly correlates to legal responsibility under the law.

To prove negligence or intent, the attorney will need to establish exactly how the defendant acted intently, recklessly, carelessly, or negligently. Often times, the process for proving the claim is complex. The attorney will gather evidence, speak with eyewitnesses, hire experts to provide testimony and/or reconstruct the incident to produce a convincing argument linking every key element together.

Obtaining Financial Compensation

A skilled RI Personal Injury attorney  or Providence Wrongful Death lawyerwill seek legal recovery from the responsible parties to ensure that the family members are adequately compensated for their pain, suffering, damages and loss. Damages often include:

• Expenses including funeral and medical bills directly connected to the death
• All lost benefits including earnings, Social Security, insurance, and inheritance
• The loss of protection, care, consortium and companionship
• Compensation for mental anguish, suffering, pain and grief suffered by the decedent’s survivors
• In some cases punitive damages are sought as a way to punish the defendant and prevent the wrongdoer from harming others in the future

If your family is suffering the wrongful death of a loved one, you are likely entitled to receive fair and adequate compensation for your loss. A Providence Rhode Island personal injury law firm that specializes in RI wrongful death litigation can provide a free initial consultation to evaluate the case and offer legal options on how to proceed.

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.


RI and MA Car, Truck and Pedestrian Accidents Causing Injury & Death

April 26, 2014

Rhode Island  Truck and Pedestrian Accidents Rhode Island Traffic Tribunal Sustains Refusal and Reckless Charges against RI Motorist involved in Crash with Pawtucket Police Cruiser

An appellate Panel of the State of Rhode Island and Providence Plantations, Traffic Tribunal sustained a Breathalyzer refusal charge of a RI man. The man was charged with Breathalyzer refusal, reckless operation of a motor vehicle and violation of other ordinances. The trial judge made findings that this was a “road rage” incident which lead to a motor vehicle crash in Pawtucket with a police cruiser. The trial justice suspended the alleged scofflaws’ license for 8 months.

The alleged drunk driver was previously pinched for drunk driving as well as numerous moving violations as a result of the accident in Pawtucket, RI.

The motorist collided with a police cruiser in downtown Pawtucket. The off duty copy was on his way back to the station. Thankfully, no one was seriously injured or killed as a result of this accident.

The DUI and Criminal Charges were previously dismissed by the Rhode Island District Court.” Projo “Wozny claimed that Lynch was driving recklessly, swerved and braked in front of his car. Lynch accused the police officer of following him too closely.” Projo http://www.providencejournal.com/breaking-news/content/20140424-traffic-tribunal-appeals-panel-upholds-charges-against-jarred-lynch.ece

RI Drunk Driving DUI Statute: § 31-27-2 Driving under influence of liquor or drugs. – (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section. ” http://webserver.rilin.state.ri.us/statutes/title31/31-27/31-27-2.HTM

“On average, one in three people will be involved in a drunk driving crash in their lifetime. National Highway Traffic Safety Administration. The Traffic Stop and You: Improving Communications between Citizens and Law Enforcement. National Highway Traffic Safety Administration, March 2001, DOT HS 809 212″ http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html#sthash.SuUcr1Ml.dpuf” http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html

Previously, the state dropped charges of criminal drunk and reckless driving driving against the motorist.
http://www.providencejournal.com/breaking-news/content/20140424-traffic-tribunal-appeals-panel-upholds-charges-against-jarred-lynch.ece

Pedestrian Stuck by Semi Truck in North Providence
In a tragic case, A pedestrian was recently killed by a 18 wheeler / Tractor Trailer in North Providence, Rhode Island
“It’s an unfortunate incident, but he had no time to react,” said Wall, “He was very shaken up at the scene after striking the pedestrian.” WPRI

“The crash happened at about 1:20 p.m. in the southbound lanes near Branch Avenue in North Providence. State police said it appears 28-year-old David Salois, of Burrillville, parked a van in the breakdown lane and walked into traffic.” http://www.turnto10.com/story/25144272/person-struck-by-tractor-trailer-on-146

Stonington Connecticut Hit and Run Fatal Car Crash

“A 51-year-old man who was struck by a car early Friday morning in a hit-and-run accident has died of his injuries, police said.” http://www.theday.com/article/20140425/NWS04/140429759/-1/NWS
“The unidentified man was taken by Life Star helicopter to Rhode Island Hospital, where he later died of his injuries.”

Deadly Mansfield Massachusetts Accident

There was a deadly accident in Mansfield MA. there was on fatality and another man was seriously injured on Route 140. The victims were taken to different hospitals. one victim was transported to a hospital in Attleboro and the other to a RI hospital. http://www.thesunchronicle.com/devices/breaking_news/two-hurt-in-

Wrongful Death Accident Law in Rhode Island by a RI personal injury Attorney

Article by East Providence Car Accident lawyer and RI Personal Injury Attorney, David Slepkow 401-437-1100

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 INCLUDING PERSONAL INJURY. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.


Finding The Best RI or MA Wrongful Death Car Accident Injury Lawyer

October 31, 2013

Rhode Island best wrongful death lawyerOne of the worst things that can happen to a family is the loss of a loved one, especially in an untimely fashion. What can make this situation even worse is if the loved one’s death came about as a direct result of someone else’s action or their inaction. In legal parlance, this is referred to as wrongful death – and while there is no amount of money that can make up for the suffering that a wrongful death has caused a family, a family should at least be compensated for their grief by monetary compensation.

A wrongful death cause of action can result from hundreds of different types of accidents including car accidents, construction accidents, pedestrian accidents, slip and fall, motorcycle crashes, bike accident, truck collisions, bicycle accidents or pedestrian mishaps.

Of course, proving that a wrongful death in Massachusetts or Rhode Island actually was a result of negligent or reckless conduct can be difficult. This means that anyone pursuing RI or MA wrongful Death Litigation needs to make sure that the lawyer representing them in a wrongful death case is not only an excellent lawyer with a great track record in general, but that they have a fantastic track record when it comes to wrongful death suits in particular.

Families will only get a single shot at this lawsuit due to quite a few factors This single chances means that they need to be absolutely sure the RI or Mass. lawyer or law firm that they pick is going to do the best job possible representing them and the memory of their loved one against the person or corporation who the family believes is responsible for their death.

Families don’t just need a Rhode Island wrongful Death lawyer that they can trust to get their case done right, of course. While a wonderfully skilled Massachusetts Personal Injury Attorney or Rhode Island Injury Lawyer is a great first step, it’s also extremely important that the lawyer understands what the family is going through during this extremely difficult time. Empathy is one of the most underrated parts of being a lawyer, and by truly understanding the client, lawyers can better represent them and their case.

This is particularly true in a emotion-heavy case like a wrongful death suit. By better understanding the deep emotions of their clients, attorneys can portray those emotions to the people whose job it is to decide the case’s final fate. It’s incredible how much emotions can influence the final outcome of the case, and having a lawyer that can properly interpret those emotions and relay those to the most important people in the trial is perhaps the most important part of choosing one.

There are certain types of crashes that are the most likely to lead to a fatality in Rhode Island or Massachusetts these include: motorcycle accidents, bicycle accidents, bike accidents, motor vehicle wrecks and auto accidents. Sadly many of these deadly fatal accidents are caused by distracted driving such as texting and driving, web surfing and driving, gps use and driving as well as cell phone use and operating a motor vehicle.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court and Massachusetts Courts 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.