Rhode Island Injury Lawyer Blog

The sexist cliche is that women are worse drivers than men. Female drivers have been fodder for stand-up comedians and bumper stickers for many years, but an online insurance survey has shown that men are far worse drivers than women and cause more accidents and more serious auto accidents than women.

This study has revealed that more than 80 percent of all fatal auto accidents are caused by men and that more men die in motor vehicle accidents than women. Statistics from a recent calendar year show that men were involved in approximately 6.1 million car accidents while women in the same calendar year were involved in 4.4 million car crashes. According to these numbers, women are 27 percent less likely to be involved in an auto accident.

It is not only in the number of accidents in which men look worse than women. Men lead almost every category of poor driving including speeding tickets and other violations such as failure to yield and men outnumber women in the number of DUIs by a factor of 3 to 1.

There is no clear explanation for results like these. Perhaps it is testosterone. Nevertheless, insurance statistics year after year show that women are, in fact, much better and safer drivers than men. The results show up in auto insurance quotes as well where the average woman pays $698 for insurance and a man pays $765 for the same length policy.

The overwhelming majority of posts on this blog concern personal injuries and related questions. It has occurred to me that a lot of people may have questions about the other half of a car accident claim, namely, the damage to your vehicle. Unlike many personal injury attorneys, if you were hurt in a car crash, my office will assist you with the property damage portion of your claim for free. Many attorneys do not want to get involved with the property damage portion of your claim and tell you that they will only represent you for the personal injury. In my opinion, that is doing only half the job and leaving far too much work on the shoulders of the client.

That said, what are your rights regarding the repair and/or valuation of your vehicle? Let's talk about the two most common scenarios: If your car is a total loss or if it is repairable.

IF YOUR CAR IS A TOTAL LOSS

A total loss means that the damage to your car would cost more to repair than the vehicle is worth. If it is a total loss, the insurance company will determine a value for your vehicle. Rhode Island Department of Business Regulations (DBR) 73 §7A(2) states that "insurers shall use as guide, the average retail values indicated by the NADA official Used Car Guide, or some service substantially similar." So if you are curious what the value of your vehicle is, you can start by checking NADA.com. Remember that you may lose value if your car has excessive wear and tear or high mileage.

If the car is totalled the insurance company will only authorize approximately 7-10 days of rental because they argue that they are not required to wait indefinitely while you search for a new car. Also, keep in mind, that if your car was towed and in storage that you are accruing storage fees every day. The insurance company will owe you for a reasonable amount of storage time, but will cut it off at some point so you need to make arrangements with the tow company to dispose of your vehicle.

If you believe that the total loss offer is too low, there may be some room for negotiations. If your car is common (i.e. an Accord or Camry) the insurance company will usually make an offer that is fair. If the car is a high end luxury car or rare or an antique, it may be much more difficult to come up with a fair evaluation and you will definitely need an attorney to help you through this process.

IF YOUR CAR IS REPAIRABLE

If your car is not a total loss following the auto accident you can choose to repair the vehicle, or if the damage is such that you can live with the appearance of your car, then you have every right to "pocket" the repair money. Either way the insurance company will send an appraiser to look at your vehicle. If you plan to repair the vehicle, it is best that you take the car to the auto body for the appraisal. Since the auto body will be the one's responsible for repairing your car, it is best that they are able to talk with the insurance appraiser about what needs to be done for the car.

Also, Rhode Island General Law § 27-29-4(15) deems it an Unfair Claims Practice for an insurance company to "require that repairs be made to an automobile at a specified auto body repair shop, or to interfere with the insured's or claimant's free choice of repair facility." You have the right to choose your body shop.

Based on the estimate written, the insurance company will estimate the number of days that it should take to repair the vehicle and will authorize a rental car for that number of days. The insurance company is required to put you in a similar car to the one you were driving at the time of the collision. For instance, if you drive an SUV they can not give you a Hyundai Accent for a rental car.

Every part of an auto accident claim is complicated and it is important to hire an experienced personal injury attorney. Hire a firm that handles your entire case and will not leave you holding the bag on the property damage portion of your claim. Contact us right away for a free consultation.

Today marks the single most heavily trafficked day of the year. Highways will be jammed with family members making, sometimes long, treks to visit each other for the Holiday. It is a weekend in which our office receives a lot of calls for auto accidents. Don't let it detract from the Holiday but be careful out there because the sheer volume of cars increases the likelihood of car accidents, minor or serious.

If you live in a State other than Rhode Island or Massachusetts and are involved in a car crash or slip and fall while visiting family in these States, you should know that you will need to hire a local attorney licensed in Rhode Island and/or Massachusetts. The State in which the accident occurred holds the applicable law and is the State in which a lawsuit, if necessary, would need to be filed. You will not be able to return to your home State and hire a lawyer unless they are also licensed in Rhode Island or Massachusetts. My office has represented many long distance clients who happened to be injured while visiting Rhode Island or Massachusetts, and the process is not difficult. With email, fax, Skype and other applications, my office can represent you as if you lived 1 mile away rather than 1000.

Business aside, I want to wish everyone reading this post, including past and future clients, a happy and safe Holiday.

It appears that Rhode Island law enforcement organizations love rhyming, yet juvenile, slogans for their campaigns. In the wake of "Click it or ticket" an effort to remind people to buckle up or face a citation, comes the Rhode Island Attorney General's office with "Stop the Texts, Stop the Wrecks!". This witty little ditty is meant to bring to everyone's attention the very real and very serious dangers of texting while driving. Clearly I'm having a little fun with the nature of these awareness campaigns, but I am fully supportive of their intent.

Texting while driving, as demonstrated in earlier posts on this blog, is as dangerous and potentially more dangerous than drunk driving. Texting increases both the likelihood and seriousness of being injured in a car accident. We say "texting" but in effect any use of your smartphone that takes your attention away from the road can lead to a car crash. Checking Facebook, Twitter, email or anything else that your smartphone might be capable of takes your attention from the road. Even though you feel that you are only glancing at the phone for a second or so, your attention is greatly distracted and an accident may be inevitable.

Here are some of the statistics that I have discussed in previous posts: Roughly 20% of all injury causing auto accidents are caused by distracted drivers and Smart phone users are more than four times likely to be in a car accident. Similarly, the National Highway Traffic Safety Association has reported that distracted driving is the Number ONE cause of teenage deaths in America!

From time to time, I like to take this forum to share great results and this week has seen another personal injury victory for attorney Joseph Lamy. In this case, my client was T-boned by a drunk driver in downtown Providence suffering a fractured ankle. She did not immediately hire a car accident attorney and chose to work directly with the insurance company. After several months to a year of recovery and working directly with the insurance company, they extended an insultingly low offer that barely covered her medical bills. Of course, personal injury attorneys such as myself are not at all surprised by such tactics. Unfortunately, too many people accept these offers in the belief that it is all their case is worth. Particularly after the insurance company tells the victim that they will receive less money if they hire an attorney, etc.

Fortunately, my client understood that the offer was far too low and contacted my office. We filed suit and quickly went to work proving my client's case. After depositions, expert testimony and aggressive discovery, the defense attorney has offered the policy limits in this case to the tune of $100,000.00. Not only is this offer more than FIVE TIMES what my client was initially offered but the offer was made only six months after my taking the case!

This is a fantastic result, particularly given the speed with which the offer was made. Litigation too often takes several years to end in a good result. Results like this, however, remind us that if an offer seems too low it probably is. Litigation while time consuming and at times, stress-inducing, is sometimes the only way to ensure that you are fairly compensated for your serious bodily injury.

If you have been seriously injured in an auto accident or other type of personal injury and are considering which attorney to hire for your representation, remember that most lawyers can settle a case, but only a few know how to win your case! Contact my office right away for a free consultation.

According to a report from Allstate Insurance (I am willing to cite their reports under the assumption that they are accurate even though they are the worst insurance company in America) Providence, Rhode Island is the fifth most auto accident prone city in the country. According to the report, the 170,000 residents of Providence get into a car crash approximately once every six years on average. While Providence fell behind Washington DC which won the award for the most accident prone city in the Country, our residents are still 66% more likely than the average driver to be in an automobile accident. In case you were interested, Fort Collins, Colorado was the safest city to drive in.

If you were involved in a car accident in Providence you are entitled to financial compensation including past and future medical bills, lost wages and/or loss of earning capacity, and pain and suffering. Contact Joseph Lamy, your Rhode Island auto accident attorney right away for a free consultation.

Hit and run auto accidents are not uncommon in Rhode Island and I am often asked by clients what are their rights following a hit and run accident. These are complex situations that require you to sit down with a Rhode Island car accident attorney right away to sort out the facts and conduct an investigation.

Generally, if you are involved in a hit and run accident it means that you were not at fault for the collision. People tend not to run when they did nothing wrong. On the other hand, people flee an accident scene for a number of reasons, including but not limited to:

• They are drunk;
• Their license is suspended;
• There is an outstanding warrant from an unrelated matter;
• They do not have auto insurance;
• The car belongs to someone else;
• There are drugs or stolen goods in the car;
• They know they are at fault and panic.

If you were injured in an accident caused by another person who then fled the scene, you must call the police immediately and offer them as much information as you can regarding the vehicle's description, license plate, etc. Also, if and only if, you are physically able - try to take pictures of the accident scene and your vehicle. Also, attempt to locate witnesses who can corroborate your story and who might be able to give additional details to the police to identify the culprit. Finally, follow-up with a Rhode Island auto accident lawyer. There are two likely scenarios following a hit and run accident:

1) The at-fault driver is later identified and caught

In the best case scenario, the police will be able to identify and locate the other driver even if it is a couple of days after the accident. In this scenario you will proceed as if this was an ordinary auto accident. You and your attorney will notify the at-fault driver's insurance company and proceed with claims for personal injury and property damage. If it turns out that the at-fault driver fled the scene because he or she did not have insurance, then you can proceed through your uninsured motorist coverage.

2) The at-fault driver is never located

This scenario is a little more complicated. You will be able to present a personal injury claim for lost wages, medical bills, and pain and suffering against your own carrier if you have uninsured motorist. If you do not carry uninsured motorist and the other driver is never identified, then unfortunately, there is little that can be done. Also, your Rhode Island auto insurance policy must include collision coverage for repairs to your vehicle. Uninsured property damage coverage does not cover for a hit and run. The reason is that your auto insurance policy requires that it be confirmed that the other driver did NOT have insurance. If the other driver flees the accident never to be seen again then your insurance company cannot confirm that he or she did not have auto insurance. Therefore, you will only be able to repair your vehicle through your collision coverage.

If you proceed through uninsured motorist coverage, then your insurance company steps in the shoes of the at-fault driver's insurance company and will have to pay the damages for your personal injury claim. As you can see, hit and run auto accidents can become quite complex and it is imperative that you speak to an experienced Rhode Island attorney right away to make sure that you preserve your rights.

Continue reading "Hit and Run Auto Accidents in Rhode Island" »

A somewhat humorous Farmers Insurance commercial with spokesperson J.K. Simmons (who will always be Dr. Emil Skoda in my mind) demonstrates the dangers and hazards of distracted driving. The commercial warns against not only drunk driving, but driving while texting, talking on a cell, talking with passengers, putting on make-up, reading directions or a magazine, or listening to loud music. The list of stupid things we have all done while driving a vehicle would be longer than this blog post.

The fact, however, is that distracted driving, in particular distraction from a cell phone, plays a massive part in the number and severity of auto accidents on the road today. According to a study reported by the Hartford Courant:

• Smart-phone users are four times more likely to be involved in a serious auto accident;
• 5474 people were killed on the roads in accidents linked to distracted driving;
• 20 percent of all injury related accidents involved distracted driving;
• Using a cell phone while driving can have a similar or worse impact than driving while intoxicated.

If you are involved in an auto accident and you believe that the other driver was distracted by a cell phone or other reason, it is important to report this to the police, your insurance company, and your personal injury attorney. If liability (fault) is disputed or in question, proving that the other side was distracted while driving may swing the liability decision your way. In the meantime, recognize and appreciate the danger that cell phones can present in the car because they can be as dangerous as drunk driving.

Continue reading "Distracted Driver Statistics = Very Scary!" »

A new bill is being considered that would make it illegal for anyone under 21 years of age to use a cell phone AT ALL while operating a motor vehicle. Recently, Rhode Island joined several other States including Massachusetts in banning texting while driving, but this bill would prohibit any use of a cell phone for those under 21. Currently, any driver under the age of 18 is prohibited from using a cell phone while driving.

The sponsor of the bill, Frank Lombardo III, suggested that he would like to see all cell phone use banned at any age, but recognizes that this is a practical first step. Ample evidence suggests that cell phone use can be as dangerous as drunk driving and is a leading cause of car accidents.

Young drivers, particularly those under 21, have a much higher propensity for accidents without additional distractions. According to the CDC, "per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash." Motor vehicle accidents are also the leading cause of death for this age group. These statistics support the Senator's contention that further restrictions on cell phone use may save lives.

Continue reading "Rhode Island May Implement Further Restrictions on Cell Phone Use While Driving" »

Following the recent study of Rhode Island's worst intersections, comes another study identifying the most dangerous metropolitan areas for pedestrians. The group, Transportation for America, determined Providence to be the fourth most dangerous metro area in the Northeast. According to their findings, 117 people were killed while walking in Rhode Island from 2000 to 2009. The study also accounted for population and the proportion of the population that walks to work.

Although, scoring poorly in the Northeast, Providence was relatively low compared to other areas across the Country. Rhode Island finished 31st of the 50 States with Florida apparently the deadliest State in the Country for pedestrians.

The overwhelming majority of pedestrian accidents and injuries arise from car accidents. Clearly, even the largest and strongest of us is no match for a car or truck travelling between 30-50 mph. Pedestrian accidents are always serious and require an experienced attorney ready to fight and go the distance, if necessary.

Continue reading "Providence is Apparently Very Dangerous for Pedestrians" »

Are you currently trying to work directly with the insurance company for your personal injury claim? Are they pressuring you to settle your auto accident injury claim? Are they telling you that you do not need an attorney to represent you because they will treat you fairly?

I know there are a lot of you out there and I know that you are nervous about how things are going to work out with the insurance company, but maybe you are afraid that you can not afford an attorney or that the attorney will cost too much. I used to work for the insurance companies and I know how they think - I can assure you that you need a personal injury attorney to handle your auto accident claim. If not me, hire someone else.

The reason is, quite simply, that insurance companies do not want to pay you. It is their money and they would prefer to keep it. There are two methods insurance companies often take regarding unrepresented injury victims: 1) They ignore you and make you wait as long as possible to pay you as little as possible; or 2) Pressure you in to signing a Release for very little money shortly after the accident.

The fact (and I know this since I've been on the insurance side) of the matter is that you will receive much less money without an attorney than if you had one. Furthermore, almost all personal injury attorneys, including myself, work on a contingent fee basis. This means that we only take a percentage of what you earn and we are not paid until you are paid. You do not need to worry about affording an attorney because you will not pay anything until the case settles. And, I am convinced, that in almost all cases you will still make more money after paying the attorney than you would earn working directly with the insurance company.

There are a couple of reasons why you can never be fully compensated for your personal injury claim without an attorney. First, you may not be aware of what you are entitled to. Second, you may not understand your options for paying medical bills. Third, and most important, the only real threat to the insurance company to force them to pay what you deserve, is a lawsuit. Without an attorney, the insurance company knows that you are not going to file suit, so why should they make a reasonable offer to you? An unrepresented injury victim has no bargaining power with the insurance companies.

If you are currently trying to work with the insurance company for your injury claim, call my office for a free consultation. It is never too late to hire a personal injury attorney for your accident claim. I have many clients who tried to settle directly with the insurance company only to be offered an embarrassingly low amount of money. After the shocking offer, they called my office for help. Let my office handle your auto accident claim for you and avoid the frustration and work of dealing with the insurance companies.

Continue reading "Let Attorney Joseph Lamy Handle Your Auto Insurance Claim" »

The Rhode Island State Department of Transportation has completed a list of the 50 worst (as in most dangerous) intersections in the State of Rhode Island. The most dangerous intersection in the State is on Route 146 in North Smithfield where it intersects Sayles Hill Road.

In compiling the list, the State looked at the years 2006-2009 and considered:

• The number and frequency of accidents;


• The incidence of injury and fatal injury;


• The total estimated cost of the accident, including property damage and personal injury.

Providence and Warwick fared the worst in the report, each City having 13 of the 50 worst intersections. In fact, three Warwick intersections are among the top 5 problem intersections in the State, including the intersection of Post Road and Route 37 which accounted for the most accidents over this period of time, 313! Warwick also accounted for the most auto accidents with injuries - the intersection of West Shore Road and Warwick Avenue which accounted for 55 injuries. The intersection with the most auto fatalities was in Pawtucket at the intersection of Route 95 and Lonsdale Avenue.

Unfortunately, due to budget cuts, very little money is available to address all of the security concerns at these various intersections. For instance, the City of Warwick which accounted for 13 of the 50 worst intersections, only has plans to address 3 of those intersections. 10 problem intersections will continue to remain unchanged.

Continue reading "Rhode Island Identifies the 50 Most Dangerous Intersections in the State" »

Recent studies are suggesting that elderly and senior citizens are far more likely to be struck in the roadway by a passing vehicle. Motor vehicle accidents in which a pedestrian is struck by a car are always serious. An unprotected pedestrian is likely to sustain very serious injury such as broken bones, scars, head injury, and even death. Such serious injuries are compounded when the victim is a senior citizen.

There may be a number of reasons why senior citizens are a disproportionate number of pedestrian accident victims:

• Senior citizens are less agile and capable of reacting to a sudden danger;
• They may be unable to cross a crosswalk in the limited amount of time that the lights allow them;
• Seniors who are hard of hearing may be unable to hear the horn of an oncoming vehicle;
• Seniors are more likely to be disoriented or confused at a busy intersection.

A recent NPR study also demonstrated that these statistics become even worse if the elderly person is distracted. In that study, seniors over the age of 59 who were talking to a friend or on a cell phone, were more likely to be injured in a simulated accident than a senior who was not distracted.

It is incumbent on all of us drivers to be careful of pedestrians in the road regardless of age. Particularly in high traffic areas such as city centers, outside libraries or churches, or in parking lots, a driver must always be aware of pedestrians in the road.

Continue reading "Seniors More Likely to be Victim of Pedestrian Accidents" »

I do not often hear inquiries about traumatically induced cataracts, but I recently had a conversation with a fellow attorney who was speaking of a case he settled with traumatically induced cataracts. I thought that it was an interesting topic to write about and an injury that many might be unfamiliar with.

Traumatic cataracts can occur when the eye lens is damaged by blunt trauma or penetrating eye injury. Such an injury can occur in a car accident from the impact of the airbag or windshield and is particularly a danger for those who wear glasses. The glasses, or contact lens, can pierce the eye lens capsule which may eventually result in cataracts. Because of the severity of impact required for this type of injury, it will generally occur in very serious car accidents with significant injuries such as head trauma or facial lacerations.

Cataracts are a very serious disability that severely limits vision and often require surgery. If you have suffered this unique injury following a serious car accident, contact our office to discuss your status and a potential claim for damages.

A herniated disc is one of the more common serious injuries to occur following an auto accident. It is a potentially life changing injury that may require high risk spinal surgery. It is a more serious injury than ordinary whiplash and must be treated as such by your attorney.

What is a Disc Herniation?

Each of us has a small gel like cushion (the disc) between each vertebrae in our spinal column. This disc is what allows us to bend, twist, and turn our spine without pain. In a serious auto accident, the shock to the spine can cause this disc to rupture. This causes a great deal of pain for two reasons. First, you no longer have the necessary cushion to protect the vertebrae from "rubbing" against each other. Second, the herniated disc can move inside the spinal column and rub against spinal nerves causing a great deal of pain not only to the back, but radiating into the arms and legs. If your pain extends away from your back and into your limbs, your doctor will likely order an MRI to confirm the existence of a herniated disc.

The Insurance Company Will Almost Always Deny These Claims

If you have suffered a bulging disc (a disc injury that has not completely ruptured) or a herniated disc, you need to have an experienced personal injury attorney who understands how insurance companies think and who is willing to file a lawsuit to ensure you receive fair compensation. This is because insurance companies frequently deny that a herniated disc is related to an auto accident. Here's why...

The vertebral discs, like every other part of our body, tends to break down as we age. People as young as 30 can already show signs of disc deterioration and a high percentage of the population already have bulging discs. Men and women who are athletic or work in physical occupations are very likely to show some evidence of disc damage even before an auto accident. For this reason, insurance companies will always argue that the disc injury was pre-existing and unrelated to the auto accident.

Don't Let the Insurance Companies Ignore Your Disc Herniation

Most auto accidents result in damage to the soft tissue of the neck and back, a so-called whiplash injury. A disc herniation is not the same as whiplash and your settlement amount should not be the same as a whiplash victim, either. As a former insurance adjuster, I know how the insurance companies approach spinal injury claims, and I will use that knowledge to obtain the best possible result for you.

Continue reading "Herniated Disc Following an Auto Accident" »