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Rhode Island Personal Injury Law Blog

How many people die in pedestrian accidents?

For pedestrians, the road can be especially dangerous. Not only do some drivers fail to recognize their presence, but accidents can be very tragic when they do occur. After all, pedestrians involved in an accident are often directly struck by vehicles and it is crucial for people to understand how many lives are lost in pedestrian accidents. If you are a pedestrian or a driver in Providence, Rhode Island, or anywhere else in the United States, accident prevention should be a top priority.

A fact sheet that was published by the National Highway Traffic Safety Administration sheds light on pedestrian fatalities across the U.S. According to the data, 4,735 people died in a pedestrian accident in 2013. Furthermore, traffic accidents claimed a pedestrian's life every two hours in 2013, on average. From 2004 to 2013, more than 4,000 pedestrians died in a traffic accident each year. Additional statistics from 2013 reveal that over the course of the year, pedestrian deaths were more likely to occur in an urban area than in a rural area, a non-intersection than an intersection and in the dark than during daylight hours.

Who was at fault in your accident?

Car accidents are certainly not unexpected in Providence or throughout the rest of the U.S. In fact, data from the U.S. Census Bureau shows that that from 2004-2009, there were an average 0f 10.6 million car accidents in the U.S. annually. If you have been involved in a car accident, the first thing you likely want to know is whether or not the accident was your fault.

If you were rear-ended, then assigning blame may be fairly cut-and-dry. Basic rules of the road state that anyone following you should leave enough space between yours and his or her vehicle to avoid hitting you if you had to stop suddenly. However, that’s not to say that you will automatically shoulder all of the blame if you were the one to hit another car from behind. If the driver of the car in front of you was negligent in his or her stopping in a lane of traffic, then he or she may also be assigned some degree of responsibility.

Widow counters claim made by workers’ compensation board

Many in Providence may throw around the term “work yourself to death” in jest, yet in some cases, that literally happens. When people die or are killed on the job, the expectation from their families is that assistance will be made available through workers’ compensation benefits. However, many often forget that workers’ compensation funds are much like traditional insurers, in that if they believe a death or injury may have been due to factors unrelated to work, they will not pay. Often, they’ll try to back up these decisions with a clinical expert. In these cases, it is important for the families of victims injured or killed on the job to have their own source of medical expertise.

The family of a Pennsylvania man who died on the job was recently able to utilize such a source to successfully argue against a judgment issued by a Workers’ Compensation Appeal Board. The Board had ruled that her husband, who collapsed and died of a heart attack during the middle of his 14-hour work shift, could have died at any time due to his allegedly unhealthy lifestyle. Yet the victim’s wife presented testimony from a cardiologist who cited the difficult and strenuous working conditions her husband faced in his job as the primary reason for his death. The judge in the case ultimately agreed, reversing the Board’s decision.

Detailing financial nursing home abuse

Most in Providence have likely heard stories of nursing home residents suffering physical abuse at the hands of their caretakers. Often, it takes a family member of friend recognizing the signs of such abuse in order for it to ever come to light. However, there is another form of nursing home abuse that leaves no physical traces, yet still can be just as damaging: financial abuse.

A 2003 report on elder abuse funded by the National Institute of Health listed the following as examples of financial elder abuse:

  •          The theft or unauthorized use of money or personal property.
  •          Fraudulent charging or overcharging for care services.
  •          Coercing an elderly person into signing a financial document.
  •          Misusing power of attorney or conservatorship authority.
  •          Forcing a senior to sign a financial document.
  •          Using credit or ATM cards, or cashing checks without permission.

The dangers associated with whiplash

You may think that most of the auto accident victims that we work with here at Kirshenbaum & Kirshenbaum, Attorneys At Law, Inc. have suffered major injuries. If your auto accident only resulted in minor problems such as whiplash, you may feel as though you don’t need any assistance. However, even relatively minor car accidents can cause serious issues. While you may think of your whiplash as a small problem, it can easily leave you needing lifelong medical care.

At first glance, whiplash may not seem like such a big deal. You may even be in the kind of accident that’s known to cause it and feel no immediate effects. However, it’s not uncommon for the searing neck and head pain associated with whiplash to show up hours or even days afterward.

Fighting for the rights of injured workers

When someone is involved in a construction site accident, hurt while working in the office or injured in any other type of workplace accident, their world may change in an instant. From physical pain caused by a back injury to medical bills and lost wages, injured workers may face a number of hardships. To make matters worse, some are not aware of their rights and fail to take advantage of benefits that can help them recover. At Kirshenbaum & Kirshenbaum, we strive to help injured workers obtain workers' compensation and restore their sense of normalcy. In Providence, Rhode Island, and across the U.S., too many people have found themselves in this position and injured workers should not be afraid to stand up for themselves.

Sadly, workplace accidents take place too often and sometimes leave employees injured or even dead. Additionally, the fact that many of these accidents could have been prevented is especially upsetting. These accidents keep happening for numerous reasons, from unsafe working conditions to repetitive stress, and it is critical for workers and their employers to focus on prevention. Unfortunately, some workplace accidents simply cannot be prevented. If you were injured on the job, fighting for your rights is of vital importance. Whether you are struggling with medical expenses, unbearable pain, a brain injury or any other problem caused by a workplace accident, you should make sure you don't miss out on any benefits you are entitled to.

Swimming pools and the attractive nuisance doctrine

With summertime in Providence comes longer days and even hotter weather. For many homeowners in the area, a swimming pool provides the ultimate summer diversion. Yet there are a number of risks that come from owning a pool. Most pool owners will take every precaution to ensure that their immediate family members, especially their children, are well-versed in pool safety practices. This added precaution is not without reason; the Centers for Disease Control and Prevention reports that 20 percent of all drowning victims are under the age of 14. However, outside of their own kids, how much thought to homeowners give to the danger that their pools pose to other children?

The prevailing thought among many peoples is that they are not at fault for injuries that others incur while trespassing on their properties. However, that is not always the case. The attractive nuisance doctrine could potentially hold them liable in certain scenarios. This legal philosophy, as shared by the Cornell University Law School, states that land and homeowners have a responsibility to eliminate the unique risks that their properties pose if they may be attractive to children. The underlying idea behind this principle is that children are often unable to appreciate the risk that potentially dangerous property conditions may pose. The risks inherent with pools may certainly be classified as such conditions.

What can pedestrians do to increase safety?

From a back injury to head trauma, broken bones and death, pedestrians who are hit by vehicles often face a number of serious consequences. If you are a pedestrian in Providence, Rhode Island, or anywhere else in America, it is important to understand what steps can be taken to increase safety when you take to the road. While some accidents can't be prevented, such as those involving drunk drivers who recklessly get behind the wheel, there are a number of strategies pedestrians should take advantage of to reduce the likelihood of being injured or killed in a pedestrian accident.

On their site, the Centers for Disease Control and Prevention provides a variety of suggestions for pedestrians who want to increase safety. The CDC reports that an average of roughly 445 people will need emergency treatment in the next 24 hours because of a pedestrian accident. Furthermore, one person is killed in a pedestrian accident every two hours, on average. The next time you are walking, it is important to remember to use crosswalks whenever you cross the street, if possible. If you walk at night, retro-active clothing can make you more visible and the use of a flashlight can allow you to see better. Also, you should try to use sidewalks when you can. If there are no sidewalks, walking on the road's shoulder while facing traffic can help reduce the likelihood of a pedestrian accident.

Reaching out to pedestrian accident victims

With drunk drivers, distracted drivers and downright careless drivers, pedestrians face a number of threats while they are walking. Unfortunately, when drivers exhibit these types of reckless behavior, an accident may occur which could result in serious injuries or even claim the life of a pedestrian. In Providence, Rhode Island, pedestrians whose world has been flipped upside down because of an accident should make sure their voices are heard. For some, this may involve going to court and at Kirshenbaum & Kirshenbaum, we work hard to help clients who are trying to recover from pedestrian accidents.

After a pedestrian accident, victims and their families may be unsure of what should be done next. If you were recently injured while walking or lost a loved one in a fatal pedestrian accident that was caused by the negligence of another, you need to act right away. Additionally, you should understand the importance of having your case evaluated on an individual basis. After all, the details surrounding these accidents can vary considerably and sometimes have a significant impact on the outcome of the case (such as a hit-and-run, for example).

Fighting for the rights of car accident victims

If you were recently involved in a car accident, you may be facing all sorts of challenges, from physical pain and emotional trauma to financial problems. To make matters worse, insurance companies do not always help and car accident victims may find themselves in court fighting for their rights and the compensation they deserve. In Providence, Rhode Island, people who are recovering from a car accident that was caused by a reckless driver should be sure to take the right approach. At Kirshenbaum & Kirshenbaum, we help car accident victims prepare for court and try to move forward from the wreck.

There are many factors that can contribute to car accidents, such as a drunk driver or someone texting and driving. However, it is crucial for every negligent driver who has turned someone's world upside down to be held accountable. These tragic accidents take place at a surprising rate and too many people continue to exhibit dangerous behavior on the roads, putting the lives of innocent people at risk. From medical expenses to injuries that make it impossible for someone to work, car collisions can create many problems and victims' needs cannot be overlooked.

Kirshenbaum & Kirshenbaum Legal Team

  • Paul J. Russo
  • Albert John Mainelli Jr.
  • Jason D. Monzack
  • Christopher L. Russo
  • Robyn K. Factor
  • Jesse Nason
  • Thomas J. Fay Esq.
  • Erica S Janton

Kirshenbaum & Kirshenbaum, Attorneys at Law, Inc. 888 Reservoir Avenue Cranston, RI 02910 Toll Free: 800-721-4320 Phone: 401-680-9119 Fax: 401-943-8097 Cranston Law Office Map

Reservoir Avenue is also referred to as Route 2. The office is about 1/2 mile south of the Park Avenue and Reservoir Avenue intersection on the easterly side of the street. Ample parking for our clients is located behind the building.