Rhode Island Injury Lawyer Blog

Truck accidents, in particular, truck rollover accidents are among the most serious vehicular accidents on the road and often result in serious personal injury or wrongful death. Truck rollover can occur to both commercial vehicles and private use vehicles. In some circumstances they can also result in a product liability case if the tire and/or truck was negligently designed.

Commercial Truck Rollover Cases

Commerical tractor trailers are all over the road at all times of the day. They can be incredibly dangerous for a number of reasons. For one, tractor trailers are often carrying loads in excess of 50,000 pounds. This tremendous weight makes the vehicle difficult to maneuver or take evasive action if necessary. The stopping time and turning time of a long 18-wheeler carrying a ton of weight is very long. If the truck driver makes too hasty a motion in the vehicle it can cause all or part of the tractor trailer to capsize or rollover causing a potentially very serious accident.

Commercial truck rollovers may also occur because the driver is too tired to safely operate his vehicle, yet stays on the road in an effort to meet a deadline or finish a job on time. Commercial truck drivers have fallen asleep at the wheel causing them to jackknife or run off the road. All too often, other drivers on the road are unable to avoid collision with these incredibly large vehicles.

Truck Rollovers in Personal Use Vehicles

SUVs and other non-commercial trucks have also had a long history of rollovers in accidents. While newer model SUVs and crossovers have a more stable weight balance and are less likely to rollover, the danger of a rollover remains, particularly in older SUVs. SUVs are trucks and can not be driven like a car. They are much heavier, possess different weight distributions, and may be "top heavy" when compared to other automobiles. Quick lane changes, sudden movements or slamming on the brakes may cause an SUV to rollover. When rollover occurs, the injuries to the driver and passengers are likely to be much more serious than in an ordinary motor vehicle accident.

SUV Rollover and Product Liability Claims

If you were injured in an SUV rollover, like any other auto accident, you may be entitled to personal injury compensation through your auto insurance or the at-fault driver's auto insurance. In addition, however, if it appears that the SUV had a negligent design causing an unnecessary rollover of the vehicle, you may also have a product liability claim. Product liability cases regarding SUV design have included: improper seatbelt design, failure of airbag to deploy, insufficient strength and design to the roof causing roof collapse, tire blowouts, poor stability design, poorly designed stability systems and ineffective braking systems among others.

If the SUV rollover was not caused exclusively by driver error, there may be a product liability case in addition to damages recovered from the auto insurance policies.

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Truck accidents are becoming increasingly common as more and more rigs are on the roads delivering goods. With the growing number of tractor trailer and big rig accidents, more attorneys are offering to assist clients in this area. TV commercials and the Yellow Pages are full of so-called national truck accident firms looking to help the people of Rhode Island or Massachusetts. There is no need to hire a national firm that will most likely refer the case to another attorney that you do not know. If you have been injured in a tractor trailer accident, contact our office. We have the experience and strategy to handle truck accident cases.

Because tractor trailers and other commercial trucks are so much heavier than personal vehicles, the severity of the accident and injuries are usually very high. Injuries can often include broken bones, scars, head injuries, burns, and even death. The combination of large insurance policies and severe injuries makes truck accident cases very complex. Commercial truck accident cases require an attentive and aggressive attorney who is prepared to litigate the case to ensure full value for your injuries.

Continue reading "Attorney Joseph Lamy is Your Local Truck Accident Attorney" »

The National Transportation Safety Board (NTSB) is hosting a conference in DC this week aimed at reviewing the laws and regulations regarding the safety of commuter buses and commercial trucks. The conference follows a series of very serious accidents involving buses and trucks throughout the country, including a March accident in New York city that killed 15 people. Last summer, a high profile accident injuring several people occurred in Boston involving a "duck tour" bus.

Private bus companies, including national carriers and local tour companies, have been under growing scrutiny after many have been cited for violations ranging from mechanical defects to driver fatigue. Senator Chuck Schumer singled out discount tour companies requesting the NTSB to "examine the overall effectiveness of the Federal Motor Carrier Safety Administration's safety regime for the low-cost tour bus industry."

Bus and truck accidents can be particularly dangerous because of the increased size of the vehicles. Also, passengers in commercial buses lack the safety equipment, such as seatbelts and airbags, that comes standard in cars. The high number of people along with their bags, luggage, and other carry-ons also increases the danger of injury in a bus accident.

The safety conference will likely focus on increased regulation of buses and commercial trucks including more significant penalties for violations and more careful screening of employees and vehicle operators.

Continue reading "A Review of Safety is Needed Following Several Serious Bus and Truck Accidents" »

It seems the most obvious and important question and one that I am asked in every personal injury case, namely, how much is my personal injury claim worth? Regardless if resulting from an auto accident, motorcycle accident, slip and fall, or medical malpractice, all clients are curious what their case is worth.

The only easy answer to that question is to say: Your case is worth the amount a jury of your peers says that it is worth. Unfortunately, juries are wildly unpredictable and can return with a shockingly high award or an embarrassingly low judgment. Furthermore, waiting for a jury verdict requires several years of waiting and a long and expensive litigation process.

That said, experienced personal injury attorneys such as myself, consider a number of variables in determining a fair settlement value of your case. Attorneys and insurance companies consider recent jury verdicts in the State, recent settlements in the State, along with other variables to determine a fair value for the injury suffered. Therefore, attorneys and insurance adjusters will assign a value to the neck or back injury, fractured arm, or concussion. For instance, if a jury recently awarded $160,000 to a man who broke his leg in a truck accident, this may be a starting point for negotiations if you suffer a similar broken leg in an auto accident.

What are the other variables to consider? Among other things:

• the strength of the liability case


• cost of litigation


• amount available through insurance


• nature and severity of the injury

If the injury you sustained is soft tissue in nature (neck and back pain) then your settlement will depend largely on the length and severity of your disability and whether there is diagnostic evidence (i.e. an MRI report showing injury) to help substantiate the claim. An experienced personal injury attorney, will know how to negotiate with an insurance company to obtain the highest value possible.

This should be understood as a shorthand version of how the value of your personal injury claim is determined. There are literally hundreds of variables that have to be considered and only a skilled and experienced attorney can use all of these variables to obtain the highest amount possible in settlement. Furthermore, the negotiating skills of an attorney are important as well as the attorney's reputation for success.

The next time you ask your attorney: What is my case worth? do not be surprised if he or she is afraid to answer. It is because each personal injury case is so unique that it is hard to determine, especially early in the case, how much the injury is worth.

As a former insurance adjuster I have settled hundreds of personal injury cases of all levels of severity. I understand the full value of your case and how an insurance company will try to poke holes in your case to lower the final value. As a personal injury attorney, I have succeeded in obtaining excellent settlements for my clients often exceeding the amount they were hoping to receive.

Therefore, part of the answer to the question: How much is my case worth? depends on whether you hire the right attorney.

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Among the most serious auto accidents that occur involve those between ordinary passenger vehicles and commercial trucks (tractor trailers). The size and weight disparity between vehicles means that even a relatively minor accident can result in serious personal injury. If you have been injured in an accident in Rhode Island or Massachusetts involving a tractor trailer or other commercial truck, it is imperative that you contact a truck accident attorney who understands the unique insurance and liability issues surrounding Truck Accidents.

Commercial truck drivers are well trained and require a special license in order to drive tractor trailers. Nevertheless, pressure to deliver products quickly and on-time often encourages truck drivers to take unnecessary and dangerous risks. For instance, a truck driver may use drugs ("uppers") or other artificial means to stay awake. They may sacrifice sleep in an effort to meet a deadline. This is in direct conflict with Federal law which limits the amount of hours that a commercial truck driver can be on the road per day.

Other common causes of Truck Accidents stem from the way in which the truck was loaded:

• Driving with an unsecured load


• Driving with a load that exceeds weight specifications


• Improperly loaded trucks - an improperly loaded truck may inadequately distribute the weight in the truck bed making it even more difficult for the truck to stop quickly and maneuver


Of course, many truck accidents occur for the same reason that ordinary auto accidents occur, namely, driver inattention and error. Despite all the professional training, commercial truck drivers are human and can make mistakes as well. Such errors might include: speeding, improper lane changes, following too closely, etc.

Continue reading "Auto Accidents with Trucks and Big Rigs" »