Which Driver Pays for Damages after a RI Car Accident?

September 17th, 2014 | 1 Comment

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If you have been in a  Rhode island car accident involving another motorist, you may be wondering which party will actually be paying for damages. The answer will depend on which party caused the accident along with the type of insurance coverage each driver maintains, or does not.

If another motorist caused the accident, you are not ultimately responsible to pay for your car repairs or medical needs directly related to the collision. Hopefully, the other driver maintained an insurance coverage policy to provide recovery for you, your injuries and damages.

Legally Responsible

If the other motorist was uninsured, or under-insured, your collision coverage insurance policy will need to pay for all, or a portion, of your repairs and medical expenses. Even though the law requires carrying automobile insurance, it may be challenging to make the uninsured motorist pay for your damages out-of-pocket.

If the other driver who was deemed responsible for the collision maintains insurance, you can file a claim on their liability policy covering property damage. Unfortunately, there are many uninsured motorist traveling the nation’s roadways and highways. Even with insurance, insurance companies might deny the claim, hoping your insurance policy will pick up the tab for your damage car and medical expenses.

The collision coverage in your auto insurance policy is actually no-fault coverage, which will cover repairs on your vehicle regardless of which driver caused the collision. In most incidences, you will likely need to pay the “deductible,” which is the portion of the total payment you agreed to pay when purchasing coverage. If the other driver is insured, or even under-insured, you can likely make a claim against that policy to have your deductible paid for you in the event you owe your insurance carrier.

Filing a Claim or Lawsuit in RI

Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) indicate that more than 5.5 million car crashes were reported to the police in 2012. Many of crashes involved filing claims and lawsuits against responsible parties, citing negligence as the cause of the collision. This is because drivers operating vehicles are expected to use reasonable care under specific circumstances, to provide a safe environment for other motorists, pedestrians and cyclists on the road.

Any individual negligently operating a vehicle  in Rhode island and Providence Plantations is deemed responsible to pay damages including medical expenses. Victims filing a claim in RI against responsible parties must prove the negligence of the defendant as being the proximate cause of the accident and injuries involved.

Hiring a Providence Auto accident Attorney

Determining fault or responsibility of a traffic accident in Rhode Island involving negligence can be complex. Believing someone acted carelessly might be much different than proving it in a court of law. Juries will often assess various factors to determine negligence, which might include:

• Disobeying traffic signals and signs
• Failure to signal when changing lanes or turning
• Operating the vehicle faster than posted speed limits
• Total disregard of traffic or weather conditions
• Driving under the influence of alcohol, drugs or both
• Reckless driving

Rhode Island Personal injury attorneys that are skilled in vehicle accident law can review, evaluate and assess a claim to ensure a successful outcome. Skilled  Providence Personal Injury lawyers can develop a solid case and negotiate directly with the claims adjuster or prepare the case for trial to win financial compensation for their client.

http://www.nhtsa.gov/Data/Traffic+Records

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.

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What to Do If Involved in a Rhode Island Motorcycle Accident

September 5th, 2014 | Comments Off on What to Do If Involved in a Rhode Island Motorcycle Accident

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For a variety of reasons, motorcyclists are involved in a greater percentage of accidents with injuries than any other type of motor vehicle on the roadway. This is often the result of the lack of protection, exposing the rider to potentially serious injuries.

If you are in a Rhode island Bike accident, it is important to take the necessary steps to protect your health and finances while you get your life back in order. The following steps will help you determine what to do if you are involved in a Rhode Island  motorcycle collision.

Seek Medical Attention

Typically, the seriousness of injuries involving a motorcycle collision can be catastrophic. Because of that, it is essential to seek immediate medical attention.  You may feel numbness in your extremities, pain in your internal organs, or be unconscious due to head trauma. Awaiting professional medical assistance is your best chance of surviving the accident with minimal problems.

Document Injuries and Damage

If possible, it is important to ask witnesses to remain at the scene and provide their names and numbers to you, along with other motorists and law enforcement documenting the accident. If you cannot collect the information, ask others to gather the data for you. Losing an eyewitness to the case may be devastating at the time of a claim settlement or lawsuit trial.

Either take photographs of the accident scene, or ask others to use their mobile phone camera to take pictures for you. Take as many photographs as possible from a variety of different angles. Have others document your injuries in photographs at the scene and when receiving emergency care.

Be sure and cooperate fully with the attending doctors and nurses without volunteering details of how the accident occurred, unless the information is important to understanding how you were injured. Following up on your medical treatments is crucial to regaining your health. Any unexplained gap in medical treatments could have a negative adverse effect when it is time to settle your case for adequate financial compensation.

File a Report

In the event that you were rushed to the emergency room and never spoke to law enforcement officers, it is essential to file an accident report immediately. Many times an officer will visit the hospital if necessary to gather the information from you concerning the accident. Without a timely police report, most insurance carriers will deny or delay the claim.

Don’t Talk to the Insurance Adjuster

It is important to avoid giving a statement to the claims adjuster, especially if the adjuster is working for the other motorist’s insurance company. In all likelihood, the claims adjuster will be making contact in a day or two, or even hours after the accident. While they may appear compassionate and caring, they are usually picking your brain for information to find ways to minimize the settlement or deny the claim altogether.

In all likelihood, hiring a reputable Rhode Island personal injury attorney that specializes in RI  motorcycle accidents is a wise choice. A skilled Rhode Island motorcycle accident lawyer can build a solid case based on the evidence and witness testimony, speak with the adjuster and take the steps necessary to ensure you receive adequate recompense for the injuries you have endured by the negligence of another.

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.

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How Much Will My Rhode Island Car Accident Settlement Be?

August 30th, 2014 | Comments Off on How Much Will My Rhode Island Car Accident Settlement Be?

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Determining the average amount you will receive when settling your Rhode Island car accident claim is determined by a variety of factors. This is because there is no one specific formula used in RI to determine the amount of money an insurance carrier will offer to pay for the injuries, damages, pain and suffering you endured in an accident that was not your fault.


In nearly all cases, the insurance carrier will settle your claim with enough money to cover your medical bills and the cost of repairs for your damaged vehicle. If you handle the case on your own, you will likely not receive any compensation for your pain, suffering and injuries causing you limitations on performing your daily activities .Because the value of your pain and suffering and other damages could be high, it is recommended to hire a skilled  Rhode Island Personal Injury attorney that specializes in car accidents.

The Cost of a Providence Auto accident Attorney

The amount you receive as a settlement on your claim for a car accident not your fault will likely be significantly higher if you use the services of a skilled personal injury attorney in Rhode Island. Usually the cost of a lawyer is minimal in comparison to the increased size of adequate compensation you will receive in your settlement or an award at trial.

This is because a reputable Rhode Island car accident attorney can gather all the pertinent information including medical records and police reports to develop a solid claim for financial compensation. The lawyer can speak to witnesses, reconstruct the scene of the accident, and hire expert witnesses to support your claim for a higher settlement.

Supporting Your Claim

In all likelihood, the attorney can look at a variety of factors to help support your Rhode Island injury claim. These include:

• The severity of the car accident
• The kind of injuries you have endured as a result of the accident
• The kinds of treatment prescribed by your doctors
• The duration of your treatments throughout the healing process
• Any pre-existing condition
• The total costs involved in renting a replacement vehicle while your car is being repaired
• Past wages lost as a result of the accident
• The amount of lost capacity to earn wages in the future
• Any temporary or permanent disability you endured as a result of the accident
• The amount of lost time from work because of appointments at the hospital, doctor visits and rehabilitation

Proven Tools for Calculating the Claim Value

An attorney will use a variety of proven methods to calculate the total value of your claim, including tangible and intangible costs. In addition, hiring an attorney puts the insurance company on notice that you are serious about settling for proper compensation, and not for the minimal amount the carrier is likely offering.

A skilled Rhode Island  attorney can handle every part of the process, from gathering evidence, speaking to witnesses, developing a claim, negotiating a settlement, or taking the case to trial.

In most incidences, a reputable  Providence RI car accident law firm will provide a free initial consultation to discuss the merits of your claim, and offer a variety of legal options to obtain a settlement. In all likelihood, they will take the case on a contingency fee basis, which requires no out-of-pocket fees.

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.

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10 Car Accident Tips by a Providence Personal Injury Attorney

July 10th, 2013 | Comments Off on 10 Car Accident Tips by a Providence Personal Injury Attorney

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10 Crucial TIPS  if you are involved in a RI Car Crash
1. If you are injured in a RI Auto accident, you need to obtain medical treatment. If you neglect treatment for your injury you will not be properly compensated by the Insurance Company.  If you do not leave the scene of the accident by ambulance than set an immediate appointment with your primary care doctor or go to an “Urgent Care Facility.” Your Physician may refer you to a specialist. Some specialists require a referral from a primary care physician.
2. You are legally required to notify the local police of the accident. Pursuant to Rhode Island law, the police must be informed of nearly all car, motor vehicle and motorcycle crashes.
3. Remember, as far as the adjustor is concerned, if you are not treating properly you are not suffering. You will not be compensated for your personal injuries for periods of time when you were in pain but were not seeking appropriate medical treatment.
4. Do not cancel medical appointments! You need to inform your doctor of all areas where you feel pain. Don’t minimize your pain. Don’t exaggerate your pain either. Your medical provider needs to be informed of all your symptoms. The Insurance adjustor will carefully review your medical records. The adjustor will try to discredit your allegation. The Insurance adjustor will seek to minimize your pain. http://www.dmv.ny.gov/stats.htm (Department of Motor Vehicles Statistical Summaries)
5. Retain a counsel immediately after the mishap. You need to hire someone before you give a statement to the insurance adjustor. The Insurance Company’s role is to compensate you as little as possible as a result of your collision. The Insurance company may even deny your car crash claim altogether, and offer you no compensation at all.
6. Keep your RI accident Attorneys informed of all medical treatment including chiropractors, massage therapists or urgent care visits. Keep a detailed list of all appointments and what happened at the appointment. Save your receipts for medication or other health care products.
7.Please take videos and or pictures of the damage to your vehicle, bike, bicycle and  or the other vehicles and the scene of the Automobile Accident. Take pictures of any scarring or bruises. Wait until after you take pictures to repair your car.
8.  The Insurance Company may request that you sign a blanket medical release. Do not sign a release. Your experienced and aggressive court representative, will obtain medical records and provide them to the Adjuster.
9. If you receive a citation or ticket  for a motor vehicle violation, hire a Rhode Island lawyer to represent you. If you are found guilty  your  personal Injury case may be compromised.
10. Do not settle your insurance claim immediately after the Accident, without legal assistance. The Insurance adjustor does not want you to be informed of your legal rights by a Rhode Island Auto accident lawyer. http://en.wikipedia.org/wiki/List_of_countries_by_traffic-related_death_rate  List of countries by traffic-related death rate
Incidentally, if you were on vacation and seriously injured in another state, like California, we even know Michael Ehline car accident lawyers in that state who can assist you at 213.596.9642. We go out of our way to assist injured consumers, even if they were injured far from home!
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.
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Motorcyle Accident Attorney in Rhode Island

July 10th, 2013 | Comments Off on Motorcyle Accident Attorney in Rhode Island

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Motorcycle accidents often result in serious injury including traumatic brain injury, disability and even death. Attorney David Slepkow will help you get the compensation you deserve for your bike accident. It is crucial that you show the Insurance company that you are going to fight them to get the settlement that you deserve.
“Motor accidents are the leading cause of death between 6-33 year olds in the United States, and when it comes to motorcycle accidents around 3,000 cyclists are killed each year.” http://www.lawcore.com/motorcycle-accident/
Just like car Accidents and Truck Accidents in Rhode Island, Motorcycle accidents may be caused by distracted driving, speeding, failure to stop at a stop sign, running a red light, drunk driving or many other causes.
According to the Insurance Information Institute : ”There were about 8.2 million motorcycles on the road in 2010, according to the U.S. Department of Transportation. The Motorcycle Industry Council estimates that the percentage of U.S. households with at least one bike rose from 5.4 percent in 2003 to 6.8 percent in 2008.” http://www.iii.org/issues_updates/motorcycle-crashes.html
Liability Insurance companies are well known for shady tactics and denying legitimate RI Bike Accident claims. They sometimes attempt to underpay the real value of the claim. If the Insurance Company offers a quick payout they are usually trying to exploit you so you will not retain a competent Rhode Island motorcycle crash lawyer.
According to Robert Reeves “There are way too many motorcycle accident fatalities, even with the law requiring helmets, as well as the awareness programs…” Unfortunately, many motorcycle accidents are caused by automobile motorists failure to be careful and obey traffic laws.

Sadly, Numerous bike accidents in Rhode Island are fatal leading to a wrongful death lawsuit. “Between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. emergency department (ED) for a non-fatal motorcycle-related injury.” http://www.cdc.gov/features/dsMotorcycleSafety/ A  Providence Personal Injury Lawyer will often retain an investigator to visit the scene, or hire an accident reconstruction expert.  A good Rhode Island Motorcycle Accident Attorney will gather your medical records and fight the Insurance Company to get you the best settlement that you deserve.


Some motorcycle accidents are caused by road conditions including surface cracking, potholes, ruts ripples, ridges, grooved pavement, steel plates, speed bumps, rumple strips, bumps , ruts  or splintering

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