Rhode Island Injury Lawyer Blog

Many of you may have seen the surprising news that Wal-Mart plans to start selling auto insurance in many of its stores. There is a precedent for this. Sears and Allstate insurance had a similar relationship for decades (at least while Sears was still relevant). While there are plenty of reasons to attack Wal-Mart, and I’ll leave that for another post, one thing you most certainly do NOT want at a cut-rate is auto insurance. The cheapest possible policy is almost never the best answer and I’ll tell you why.

First, if you buy the absolute cheapest policy available you may not be covered for damages that you cause or which are caused by storms or floods. You may not be covered for hit and run accidents or if you are struck by someone who does not have insurance. In RI, you would be surprised by how many people are driving without any insurance at all. Also, you may not have enough coverage if you seriously injure someone in an accident you caused or if you total someone else’s Mercedes. If you do not have enough auto insurance coverage, then you may be personally liable and are subject to having your wages levied or house attached.

Second, I do not trust Wal-Mart to pay enough money to someone educated enough to tell you about insurance. In other words, do you want to take insurance advice from someone making a cashier’s hourly wage?

My third and final point – There is a huge difference between insurance companies. You should talk to a respected and educated insurance advisor to understand the reputations of each company. The ultra cheap insurance is cutting costs somewhere and it likely means that when you need them, you may never receive a phone call or they will tell your auto body of choice that they want to put cheap second rate parts on your car. You should understand that sometimes for $100 more per year you might end up with an insurance company with a much friendlier and respected reputation.

The point of this rant is that you should always do your homework when selecting auto insurance. It is NOT as easy as finding the cheapest rate available. Make sure that $50 savings do not come back to hurt you for thousands of dollars later. For all of those reasons, I’m not sure I would be picking up auto insurance with my dog food.

This blog has been very very good to me and helped build my business when I left Boston four years ago, but alas, it has been long ignored. Not by intent but merely because we have been too busy during an exceptional period of growth. Starting today, however, I vow to return to the multiple postings per week that generated a lot of buzz and helped bring in many of my clients.

Here are just a few of the things we have been up to in the few months since my last post:

Be sure to call with any personal injury and criminal defense questions and we will be happy to assist you. The initial consultation is always free!

An increase in the number of pedestrians killed in auto accidents has spurred the Department of Transportation to increase spending on grants for safety and education. In 2011, over 4000 pedestrians were killed in auto accidents. This represents a nearly ten percent increase from 2009. Furthermore, this increase occurred during a time period where road safety was actually increasing with the overall percentage of fatalities in auto accidents dropping.

It goes without saying that pedestrians are extremely vulnerable on the roads. A man or woman serves little chance against a 2 or 3000 pound vehicle. Pedestrians do not wear helmets or safety equipment and have absolutely no means to protect themselves from an impending accident. Broken bones, scarring, head injuries, and internal injuries are quite common in pedestrian vs. auto accidents. Unfortunately, as the DOT here reports so is death.

Accident frequency is on a high lately mostly due to distracted driving. Earbuds in the ear listening to music, smartphones with email, twitter, text or Facebook have all led to an increase in the number of distracted drivers who are more likely to fail to see a pedestrian. Of course, pedestrians also bear some responsibility. The DOT report also states how frequently, especially in urban areas, that pedestrians jaywalk. Pedestrians must understand the risk they face in the streets and act with due care and caution.

My office has extensive experience representing pedestrians seriously injured by auto accidents including a recent $250,000 settlement for a woman who was struck by an elderly driver who ran her over breaking both legs. Like any accident, it is imperative that your personal injury attorney prove negligence on the at fault driver. Once negligence is demonstrated, a victim is entitled to current and future medical bills, lost wages and pain and suffering.

Surprisingly, some pedestrian accidents are also hit and run accidents. Some drivers are so callous, or potentially drunk, that they leave the scene even after striking a pedestrian. If the person who caused your injuries is unknown because he or she fled the scene it is imperative for you to know that your injuries may be covered by your uninsured motorist coverage on your vehicle (if you carry such insurance). Many people are not aware of this provision, and as such, think there is nothing they can do if a victim of a hit and run.

If you or someone you know was injured after being struck by a vehicle, contact our office right away for a free consultation.

The Rhode Island State Health Department has ordered that Charlesgate Nursing Home can not take in any new patients following the death of a resident a little over a week ago. According to news reports, which are not releasing the name of the deceased, a woman was brought to the hospital on July 20 after she was found to have a very high body temperature. She ultimately passed away with a body temperature of 107 degrees. While the cause of death is yet to be confirmed, one can safely assume the extreme temperature contributed to her untimely demise. Further, the nursing home stated that the woman, who had lived at the home for over a year, was in good overall health and her death came as a surprise.

This unfortunate incident occurred during the heat wave Rhode Island experienced during that week. A spokeswoman for the facility stated that air conditioners were operational and that all residents had fans in their rooms. Unfortunately, the victim lived on the fourth floor of this facility which happens to be the only floor without air conditioners in every room.

It is early to speak on the matter, and I am certainly without all of the facts, but this sounds like a tragic event that could have been avoided. I am certain that during the heat wave, Charlesgate must have been aware of the condition of the fourth floor and something could have been done to avoid this tragedy.

  • AC units could have been brought in even on a temporary basis;
  • 4th floor patients could have been moved to vacant room on other air conditioned floors;
  • 4th floor patients could have been moved to communal areas that are air conditioned during the hottest times of the day?
  • 4th floor patients should have been checked on more frequently to see how they were tolerating the heat… According to the new report, the facility did not even become aware of this woman’s situation until she brought herself downstairs with a temperature in excess of 102!

My office handles a lot of nursing home abuse and neglect cases. Cases like this are not as uncommon as one may believe. Nursing homes too often put profits ahead of safety at the risk of the residents. The problem is heightened because the elderly is a population often unable to stick up for themselves or speak for themselves. In the most unfortunate cases, the resident either has no family remaining or their only remaining family lives too far away to appropriately check on the patients health and living conditions.

If you feel that a friend or family member has been abused or neglected while in the care of a nursing home, contact our office right away for a free consultation.

I have seriously neglected this blog which has been so important to me and my practice in the past few years. It’s been for good reason, however! We’ve been very busy moving into our new location and perfecting our new space. I invite everyone – past, current and future clients to come by and see us at our new office at

696 Reservoir Avenue, Cranston.

Come say hi and grab a cup of coffee and see what has been keeping us so busy for the past few months.

An article on MSN and a recent commercial from Farmers Insurance have brought to light the fact that over 1/3 of all homeowner insurance claims are related to dog bites. The average payout of this large number of claims is $30,000. This amount is not a surprise since victims of dog bites often suffer serious injuries including scarring. Even more frightening is the fact that a large percentage of dog bite victims are children.

Victims of dog bites are entitled to compensation for their personal injuries including medical bills, lost wages (if applicable) and pain and suffering. Damages for pain and suffering, especially if there is a scar can be substantial. Fortunately, as this article points out, most dog bites are covered by homeowners insurance in Rhode Island and Massachusetts. Owners of dogs, especially breeds that are known to be dangerous, are responsible for controlling their pets and are, in most cases, liable for damages when their pet attacks someone.

If you are a pet owner, you should take steps to make sure that you have insurance to cover losses if they should bite someone. No matter how well behaved your family pet may be, animals may make mistakes and bite someone. In fact, a lot of attacks on children occur from the family pet. Do not take the risk of being responsible for huge damages. Make sure that your homeowners or renters insurance will cover your pet. If you own one of the ten breeds in this recent MSN article, you may find that you have to pay slightly more for insurance.

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  • Staffordshire bull Terriers
  • American Staffordshire Terrier
  • Bull Terrier
  • Dobermans
  • Rottweilers
  • Akitas
  • Huskies
  • German Shepherd
  • Cane Corso
  • Mastiffs

It is an important conversation to have with your insurance agent. Be sure that they are aware that you own pets and what type of breed you have. If you are the victim of a dog bite, contact our office for a free consultation. My office has helped many dog bite victims throughout the years, most of whom suffered serious injuries and scars to their face, arms and chest. There is never any fee unless I obtain compensation for you so there is no need to wait. Call today.

The Providence Journal is reporting a relatively serious bus accident which occurred between two RIPTA buses at the terminal in Kennedy Plaza, Providence. There is not a tremendous amount of information available yet about how such an accident between two buses occurred, but pictures included in the report show pretty significant damage. At least five injuries are being reported but there may be many more. If you were among those injured in this bus accident at Kennedy Plaza on May 3 it is important to speak to an experienced personal injury attorney right away.

RIPTA is a self insured agency. That means that claims for personal injury will go directly through RIPTA and not an insurance company. RIPTA has a claims department dedicated to handling accident cases. Their claims department, however, is notoriously difficult to deal with. They often delay decisions and settlement offers, make questionable liability decisions, and make low offers for settlement. If you are involved in a case against RIPTA, it is imperative to speak with a car accident attorney experienced with settling claims against RIPTA.

The good news is that liability is often not an issue for passengers on the bus. Since you are riding on their bus, you can not be held responsible for the negligent actions of the driver. If the accident includes collision with another vehicle, you will be able to collect damages regardless of which driver is responsible. Even if there is joint negligence between the two drivers, you will be able to collect from one, the other, or both drivers. Those involved in a bus accident are entitled to compensation for medical bills, lost wages and pain and suffering.

If you have been injured in this May 3 bus accident at Kennedy Plaza, Providence, or any other accident involving a RIPTA bus, contact our office right away for a free consultation. There is never any fee unless I receive compensation for your damages. Don’t take a risk with your rights by trying to deal with the RIPTA claims department directly.

Like everyone I am overwhelmed by the attack during the Boston marathon. It was a disgusting act of cowardice that has left many families destroyed. Fortunately, my family and friends were not directly affected in this incident, but Boston is a city close to my heart. It is where I went to law school (Boston College) and it is a city that I called home for a number of years.

I heard of this charity opportunity and I think it is such a great idea that I wanted to use this forum to help spread the word. The people from City Lights Home, the same featured in the TV show, Flipping Boston, are collecting donations on behalf of the Boston Marathon victims. They will use their resources and the donated money to equip and modify the homes and apartments of the marathon victims. Dozens of these poor victims have lost limbs and are now permanently disabled. We must remember that health insurance may cover the victim’s medical bills and may even cover for prosthetic devices and wheelchairs, but insurance almost certainly will not cover the cost of converting a house and making it handicap accessible. This cost, which could be in the tens of thousands, will fall on the shoulders of the victims who have already suffered enough.

My understanding is that this fund will be used to help cover the cost of making victims homes handicap accessible. City Lights Homes promises that 100% of the collected donations will go directly to assisting the victims and their families. It’s a very worthy goal and I encourage everyone to assist in any denomination that they can afford. My office will be making a donation to assist and my family will be praying for everyone affected.

A new study suggests that more than texting and even more than drunk driving, that distracted driving is the greatest danger on the road. A study from the Erie Insurance Group concluded that it is actually five times more dangerous to drive distracted (daydreaming) than it is to drive while texting or talking on the phone. In fact, it may be the leading cause of fatal auto accidents throughout the country.

Cars continue to increase safety measures but no amount of technology or airbags can prevent bad drivers from causing injury. Driving comes so naturally to us that we take for granted that we are driving a 3000 pound piece of metal at 60+ miles per hour. When we take our obligations for granted, by texting, drinking and driving, or simply not paying attention, we invite disaster. A nationwide review of 65,000 fatal auto accidents across the country in the past few years showed that at least ten percent of those accidents fell into the distracted driver category.

Surveys of accidents caused by distracted drivers indicate that a great many of those drivers were simply “lost in thought”. To my knowledge, few surveys such as this have looked solely at daydreaming as a cause of auto accidents. New safety mechanisms such as lane departure warnings and proximity alarms are audible alerts to notify the driver that something is wrong. Car companies are aware that many accidents may be avoidable if the driver is paying attention to the potential danger. Audible alerts or seats or steering wheels that shake to alert the driver will likely become increasingly common.

Distracted driving is anything that takes our eyes or attention off the road. This could be texting, playing with the radio, reading, putting on makeup, etc. And as this study shows, distracted driving may simply include “being lost in thought”.

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An interesting situation arises when a person is driving without insurance (a mistake, and in Rhode Island, illegal) and gets into a car accident, but is not at fault for the accident. For example, you are driving an uninsured vehicle but are rear-ended by another driver while you are waiting at a red light. Who is at fault in this situation?

I receive a lot of questions about this scenario and I can see why it might be confusing. It could be argued that it is negligent to drive a car without insurance. It can also be argued that since driving without insurance is a violation of Rhode Island law, the driver should not have been on the road when the accident occurred. While these are both valid points, they actually have no bearing on determining auto accident liability.

A lack of insurance, or license and registration for that matter, is not enough to impose liability for an auto accident on a person. The rules of the road still apply and are the only factors considered in determining who is at fault for the accident. In the example above of a rear-end accident, you would hold 0% liability for the accident. An uninsured driver is still entitled to damages for the property damage done to their car, and if injured, can make a bodily injury claim for medical bills, lost wages and pain and suffering.

While violating State law in such a way will not negatively impact your rights to damages, you are still subject to Rhode Island law. This is a very important distinction that you must understand. You may still be cited for lack of insurance at the scene or in some cases you will receive the citation by mail shortly after the accident. This citation includes a $500 fine. If you are driving without a license or on a suspended license, this is a misdemeanor and you may be arrested for this offense.

In summary, you can not escape the consequences of Rhode Island law if you are driving a vehicle in an accident without insurance, but it will not effect your rights to recover damages while making an insurance claim. You do not need to be afraid to report your damages to the insurance company because you were driving uninsured at the time of the collision.