RI Auto Accident Personal Injury Attorney

Government Liens and Personal Injury Settlements

2012-01-18T09:30:00.000-05:00

In the course of your personal injury case, you will have many people filing liens against the final settlement in order to be paid back for the services that they initially performed. If you are not cautious and aware of the amounts of these liens, they can eat away at the total amount you will receive for your settlement. While all liens must be honored, there are specific liens that will take precedence over others. Some of these liens are Government liens.

How can you tell if a lien is a Government lien? Government liens will come about in instances where a government agency has provided coverage or funds to help you in your recovery. These expenses may include medical expenses paid by Medicare and Medicaid, or another government medical program such as ERISA.

Because these entities are extremely slow in responding to requests for lien information, they may cause substantial delays in the disbursement of your funds after settlement. Although there are other kinds of liens that may be placed upon your case by hospitals, physicians, and physical therapy providers, government liens are the most important as well as the most onerous.

These are complex lien situations that require an experienced personal injury attorney to help resolve. With each situation offering its own complexities and circumstances, it is highly advisable and suggested that you consult with your attorney for more information. If you would like more information about personal injury representation in RI and MA, contact S. Joshua Macktaz at (401) 861-1155 now for a free consultation.

Mistakes You Can Avoid With the Help of a Personal Injury Attorney

2011-12-28T09:34:00.000-05:00

Personal injury cases are often fraught with stress, both from financial burdens and physical injuries. Hiring a personal injury attorney to help you with your accident case is one of the wisest decisions you can make during this time. In addition to the many forms and documents that insurance companies consider necessary to properly settling your case, there are circumstances that must be handled properly, or you will risk losing any compensation you may have been reimbursed by the insurance company.

Car accidents are cases that involve negligence, and as a negligence-based claim, the main component in proving your case is making sure that the defendant is presented as having owed you a duty or obligation, and that they were negligent in this duty.

Injuries sustained in an accident may only be claimed once in your lifetime. In most cases you will be required to sign a release that will eliminate your chance of ever recovering financially from the same injury. There are isolated instances where a new injury can exacerbate or inflame and old one, however your attorney will best be able to advise you on what will be in your best interest regarding these kinds of complex personal injury matters. You will not be allowed to file a claim however, exclusively regarding injuries for which you have already signed a release.

Finally, it is always in your best interest to file any claim for personal injury or damages immediately following the accident. The reasons for this are many, including the fact that witnesses memories fade, and your injuries may worsen. The main concern however in most states is that there is a limit on the amount of time that you have available to file your claim. These statutes of limitation often offer you a set amount of time, in RI this amount of time is 3 years from the date of the accident, within which to file your formal case with the court if settlement cannot be reached with the insurance company.

As always, if you have sustained an injury in any kind of accident in RI, you will need the advice and guidance of an experienced personal injury attorney. S. Joshua Macktaz can offer you extensive trial experience and a proven record of excellence in settling personal injury claims. Contact him now at at (401) 861-1155.

What to Expect From Your Insurance Claim

2011-12-02T09:46:00.000-05:00

The first thing that you need to know about any kind of insurance claim or settlement, is that for the most part, and with very few exceptions, once you have signed a release agreement with the insurance company, you will no longer have any future rights with regard to your claim.

Whether you go to court or not, if you have injuries from an accident, you may include your compensation for everything from medical bills to lost wages on your settlement claim. Most claims for property damage are settled long before any claims for personal injuries. However, if you have not yet settled your property damage claim, or if you are settling your claim very soon after the accident, they may be included on the same settlement.

In order to determine and assure that you are receiving an adequate amount of compensation for your injuries and damages, it would be in your best interest to consult with an experience personal injury attorney in the state in which you were injured. Because personal injury laws can vary by state, consulting a local attorney is very important.

S. Joshua Macktaz is a RI personal injury attorney who can help you determine the best course of action for filing an insurance claim and obtaining a fair settlement after your accident.

Contact his office in Providence now at (401) 861-1155 for an appointment, or by email at Joshua.Macktaz@gmail.com for more information.

Personal Injury Quick Reference

2011-11-11T09:34:00.000-05:00

If you have been injured in an accident of any kind accident, contact S. Joshua Macktaz at (401) 861-1155 or use the confidential contact form HERE for more information.

2 Minute Guide to Personal Injuries
Nov 9 2011

Sustaining a personal injury is something which can affect any number of individuals. This sort of injury can be caused by a number of different incidents, some of which will be preventable. In these instances, individuals may find themselves eligible for compensation.

What Are Personal Injuries?

Personal injuries refer to any form of damage which is caused to an individual person. This can be either physical or psychological damage and can even be a combination of the two.

What Are They Caused By?

Personal injuries can be caused by a number of different incidences or accidents. This means that they are perhaps one of the most common form of injury sustained and many people may not be aware that injuries which they have sustained are classed as personal injuries.

Accidents in the workplace, at home or in public can all cause personal injuries. This can include broken bones, fractures, tendon or ligament damage, psychological damage and even more severe ailments. Personal injuries are also commonly sustained during traffic collisions, where perhaps the most common injury is whiplash. This is an injury which varies in severity and can be experienced by victims of a number of different types of accident. Individuals who experience this could be entitled to compensation for whiplash, offering them financial reparation for their injuries.

When Can You Claim Compensation For Them?

Personal injuries, when caused by other parties, can be claimed for. Unfortunately a number of people do not seem to realize this is the case, meaning that they are left to suffer in silence. It is therefore important that people remember that any type of personal injury could make them eligible for compensation. The legal system was put in place in order to protect individuals and there is no better way to do this than be providing them with access to personal injury compensation.

How Can You Claim Compensation For Them?

To claim compensation for personal injuries individuals should make sure that the consult experts and professionals of the industry. This means that they should speak to lawyers or attorneys. They will be able to advise individuals on whether they are entitled to compensation along.

Contingency-fee personal injury attorneys will also offer their claimants certain assurances – such as they will not take a fee for their services in the event that their client's claim is unsuccessful. The attorneys will then handle the claim and more often than not an out-of-court settlement will be made with the other party. This will mean that claimants will have as little disruption to their daily life as possible, allowing the claiming process to be much easier to manage. This also means that victims will not have extra burdens placed upon them in their wake of their personal injuries.

Marijuana Possession Arrest in RI

2011-10-28T09:30:00.000-04:00

If you have been involved in a DUI, Accident or Criminal Matter in RI, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Possession of Marijuana
Police Report: Little Compton Police are assisting with parking at the beach during Hurricane Irene. On the way to go surfing at the beach, Client smokes a marijuana cigarette in his car. Upon arriving at the beach, Client drives by police officer, opens his window and asks where he can park. Police immediately smell the freshly burnt marijuana and arrest Client. A subsequent search finds approximately 2 additional grams of marijuana in Client’s car.
Result:
Possession of Marijuana: DISMISSED AND EXPUNGED

Disorderly Conduct at Twin River Casino

2011-10-26T09:30:00.000-04:00

If you have been involved in a DUI, Accident or Criminal Matter in RI, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Disorderly Conduct
Police Report: Lincoln Police are called to the Twin River Casino for a loud, drunk and belligerent male at the cab stand. When police arrive, they observe Client yelling and swearing at the Valet and the security team, drawing attention from other patrons. Client refuses to lower his voice or leave the area when asked by Police and is arrested for Disorderly Conduct.
Result:
Disorderly Conduct: DISMISSED AND EXPUNGED

Domestic Disturbance Case Result

2011-10-14T10:13:00.003-04:00

If you have been involved in a DUI, Accident or Criminal Matter in RI, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Felony Breaking and Entering-Domestic

Police Report: Client and his girlfriend get into an argument, and break-up, while out for dinner. Client’s girlfriend leaves the restaurant in a cab and goes home. Client proceeds to call/text his girlfriend at least fifteen (15) times and his girlfriend refuses to answer. Client then travels to her house at 3am, climbs up the fire escape, opens her kitchen window and enters her apartment. She wakes up and calls the Pawtucket Police who arrive and arrest Client.

Result:

Felony Breaking and Entering-Domestic: DISMISSED AND EXPUNGED

DUI Accident Case Result

2011-10-14T10:11:00.003-04:00

If you are in need of a Personal Injury Attorney in Rhode Island, contact S. Joshua Macktaz now at (401) 861-1155

Criminal Charges: Driving Under the Influence (with blood-alcohol level over .15)

Police Report: East Greenwich Police respond to an automobile accident on route 95. Client’s vehicle was witnessed speeding and weaving in and out of lanes without a directional before Client lost control and car flipped over and landed on its roof. A blood sample taken at the hospital showed Client’s blood-alcohol level was .41

Result:

Driving Under the Influence: DISMISSED AND EXPUNGED

Personal Injury Victim of Road Rage

2011-10-05T10:47:00.001-04:00

Personal Injuries can happen at any time, and you need not be the driver or passenger of a vehicle for it to be considered a personal injury.

If you have been injured in a motor vehicle accident as either a driver, passenger, or pedestrian, contact Personal Injury Attorney S. Joshua Macktaz in RI at (401) 861-1155 or use the contact form HERE for more information.

Road Rage Near Boston University Results In Assault, Battery And Motor Vehicle Criminal Charges
September 20, 2011

Last week, the Boston Criminal Lawyer Blog discussed criminal prosecutions which result from unintentional acts. One of the things we discussed was Massachusetts motor vehicle crimes that result from car accidents.

Of course, not all such prosecutions result from mere accidents.

Take an incident at Boston University which occurred last week. There was a road rage incident which really got out of hand and resulted in the arrest of two men on Commonwealth Avenue.

The matter apparently came to the attention of law enforcement while it was in mid-stream. Their attention was first drawn to 42-year-old Nick Miller (hereinafter, “Bike Smasher”) as his vehicle struck a bicyclist. Bike Smasher’s car dragged the bicycle and the victim through a red light. Upon further inspection, they noticed that the car’s windows were broken.

However, this turned up to be the tip of the proverbial iceberg.

Apparently, after the bicyclist was struck and dragged, another gentleman entered the scene. Leaving a vehicle on the other side of the intersection came 39-year-old Rocky Jace (hereinafter, “Slugger”). He was carrying a tire iron. He then used the tire iron to smash Bike Smasher’s windshield.

According to witnesses, Bike Smasher and Slugger had been engaged in a road-rage fight before the bike was hit. It was at that time that Slugger apparently broke the rear and side windows of Bike Smasher’s vehicle.

Now, after the striking of the bike, Slugger was back to continue the job.

However, the police on the scene had other ideas. They charged Slugger with Massachusetts Assault and Battery by means of a Dangerous Weapon, Driving to Endanger, Malicious Destruction of Property and various motor vehicle violations. Bike Smasher was charged with assault and battery and malicious destruction of property.

Both gentlemen are apparently from Providence and knew each other from work.

The bicyclist is a recent College of Arts and Sciences graduate. He indicates that he is grateful to be alive and does not remember jumping from his bike, which probably saved him. He reportedly had bruises and scrapes but refused medical attention.
That is not likely to help the resulting civil lawsuit.

The bicycle, according to accounts, was damaged beyond repair.

Read Samuel Goldberg's assessment HERE

Will I need a special kind of personal injury lawyer for my case?

2011-09-14T18:18:00.000-04:00

Because there really isn't a procedure for certifying whether an attorney has specialized in a particular area of the law, most people mistakenly assume that 'one-size-fits-all' when it comes to personal injury lawyers.

While there isn't a procedure designed to certify specialization by attorneys, that does not mean that certain attorneys are not better equipped and experienced in specific areas of personal injury law then others.

When dealing with specialized areas like boating accidents, truck and semi accidents, and motorcycle accidents, having an attorney who is very experienced in handling these kinds of cases will go a long way toward improving the settlement terms of your claim, and possibly helping you to avoid going to trial at all.

S. Joshua Macktaz has over 18 years of experience as an attorney, and is highly qualified to assist you in your personal injury claims whether they involve an automobile accident, motorcycle accident, tractor-trailer collision, dog bite, or other personal injury incident.

You wouldn't hire a dentist to take out your appendix, why hire a lawyer for a personal injury claim who doesn't have experience in personal injury? Mr. Macktaz will go to trial if necessary to make sure that you are compensated for your losses. Contact Mr. Macktaz at (401) 861-1155, or use the contact form HERE on his website

What should you do if your child is bitten by a dog?

2011-09-10T18:14:00.000-04:00

In Rhode Island, as in many other states, there are not only leash laws to protect people from bites by stray or rabid animals, but there are also dog bite laws to protect victims who are bitten by dogs either on a leash or not.

The emotional trauma of a dog bite is only one aspect of this kind of violent attack. There are serious health issues associated with dog bites, among them infection and rabies.

If your child is bitten by a dog in RI there are some basic steps you should take to ensure that the owner of the dog is held accountable, and the dog is at least quarantined to guarantee that the animal has not been infected by rabies, and to ensure that proper precautions are taken by the owner to prevent the dog from biting more people.

The first thing you should do is try to determine whether the dog has on a collar or an ID tag. If the dog seems unapproachable, or has the signs of rabies, do not approach the dog.

Avoid debating whether or not the dog actually bit your child with the dog owner. In fact, if you can avoid it, do not converse with the owner other than to get basic information such as where they live, their name, the dog's name and whether the dog has up to date rabies vaccinations. Whatever you do, do not sign anything or make any kind of a statement, recorded or otherwise.

Reporting the incident to the police and getting your child medical attention should be the next two things you do. If your child has been seriously injured by the dog bite, seek medical attention first. Although, a phone call to the police will net you both an ambulance and a uniformed officer to the scene almost immediately.

S. Joshua Macktaz is an experienced personal injury attorney in RI. If you feel that your situation warrants further investigation, contact him at (401) 861-1155 or use the contact form on his website HERE

Could your employer be liable for your car accident?

2011-09-03T09:00:00.001-04:00

Cell phones. Everyone has one - or just about, and anyone who has one certainly uses it. In the coffee shop, the market, outdoor events, just about anywhere you could talk, people on cell phones are.

The one area where cell-phone usage can potentially be fatal however, is while you are driving.

Unfortunately, some employers want their employees to be available at all times, and require them to answer calls whether they are driving or not. If you get into or cause an accident while you are on the phone for work purposes however, your employer may be liable for the damages.

Of course the main objective is to avoid accidents entirely, and perhaps a quiet conversation with an employer who requires this practice as a condition of employment would be preferable to finding yourself involved in a lawsuit by an injured party as a result of an accident caused while you were driving distractedly.

Even if you haven’t caused an accident yet, the laws on the books in most states have been amended to include distracted driving and driving while using a cell phone as illegal under many rules of the road sections.

S. Joshua Macktaz is an experienced litigator and personal injury attorney, as well as an esteemed criminal defense lawyer. He can help you with accident claims as well as defend you against any criminal charges as a result of the incident.

While your employer might be responsible for the accident damages and financial burden, you could still bear the criminal charges for driving while using your cell phone – regardless of why you were doing it.

Contact Mr. Macktaz now at (401) 861-1155 or fill out a contact form on the website HERE for more information.

If I am involved in a car accident where someone is arrested for drug impaired driving, what does that mean?

2011-08-19T07:58:00.001-04:00

There is a lot of misconception about what constitutes Driving Under the Influence and many people assume that they can only be arrested for drunk driving. If someone gets behind the wheel of their vehicle, even after taking too much over the counter cough medicine, they can be pulled over and arrested for suspicion of drug impaired driving or DUI. There are any number of other substances that can be taken in excess and cause enough instability in your driving to give an officer good reason to become suspicious enough to pull you over as well, such as prescription medication, or obvious illegal substances.

What is important to remember as a sober driver, is that it is very difficult to identify someone who is driving under the influence of drugs and if you are even slightly suspicious, you should get away from the other person if possible. Drug impaired driving can cause alterations in depth perception, inattention, confusion, slow and delayed reaction times, sleepiness and many other impaired symptoms.

Although every state has drug impaired driving laws on the books, there are very few who employ a process designed to help identify and pull-over impaired drivers. The main reason being that drug impaired driving is much harder to spot than drunk driving. There is very rarely visible evidence that someone is driving under the influence of drugs.

In Rhode Island, the law dealing with DUI or Driving While Impaired RIGL 31-27-2.7, even goes so far as to lay out the guidelines and procedures for determining impairment, as well as the penalties and sentences if found guilty; which can start with simple fines of up to $250 and community service, and end with license suspension for subsequent violations.

The difficulty in identifying drug impaired drivers increases after arrest as there are no field sobriety tests currently available to determine the level of impairment at the scene. National statistics however, point to the fact that of those drivers arrested for driving under the influence of alcohol, 18% also tested positive for drugs at the time of arrest.

Any impaired driving, including driving after taking certain prescription or over the counter medications, can warrant at least being pulled-over by law enforcement.

If you are involved in an accident where someone has been arrested for suspicion of driving under the influence, and you have sustained injuries or property damage to your body or vehicle, you need to speak with an experience personal injury attorney immediately to preserve your rights and any claim you may be able to file for compensation. For an appointment and consultation with S. Joshua Macktaz, an experienced and highly qualified personal injury attorney in Rhode Island with office locations in Providence and Newport, call (401) 861-1155, email Joshua.Macktaz@gmail.com or fill out a confidential contact form on the website HERE.

Personal Injury and Accident Tips

2011-07-30T09:49:00.002-04:00

Being involved in a car accident can be a traumatic event. There are, however, a few simple guidelines that anyone can follow to help lessen the stress at the scene.

The first is to remain at the scene. Many people panic and feel that they are fine and ready to move on when in fact there may be damage to their vehicle as well as injuries to their body. Immediately following an accident, most people are in shock. When you are in shock, you cannot determine whether you are injured. It is always best to wait for the police or an ambulance to arrive. In addition to the physical health issues, it is against the law to leave the scene of an accident, and doing so often involves criminal charges being filed against you.

The second thing to remember after an accident is, no matter how much you want to help, unless you are trained in medical procedures like first aid or someone is in grave danger, do not move or attempt to treat anyone who is injured. Wait for the authorities to come, and if possible when contacting them, provide as much information about how many people are injured and the severity of the injuries to the person on the other end of the line.

The next items to remember involve obtaining as much information about the other driver or drivers as possible, and if you feel that you were at fault, do not admit it. At the very least you should obtain the name, address, registration number, and driver's license number of the other driver, and the names and addresses of any witnesses to the accident. Take any notes about the accident that you can remember, and jot down the location, time of day, weather conditions and other important facts that you may forget later on. Other than providing your information to the police officer, and getting a business card with their name on it, do not offer your opinion about the accident or the causes to anyone at the scene.

And finally, whether you believe you have visible injuries or not, seek medical attention to be sure that you are not injured. Once you have been released, you may also want to contact a personal injury attorney to discuss the details of your accident and any injuries you sustained for further advice and information.

Handling Catastrophic Injury Claims

2011-07-13T11:24:00.000-04:00

Occasionally a motor vehicle accident will involve injuries far more substantial than muscle and joint pain and swelling, or back and neck pain. Severe auto accident injuries can occur in any accident, but significantly increase in accidents involving alcohol or reckless driving.

In order to ensure that you obtain the most professional legal representation of your catastrophic injury claim, seek a personal injury attorney who is also skilled at trial work and more substantial injury claims.

A catastrophic personal injury includes injuries that affect the future growth of bones and muscles, such as a broken bone at a growth plate; spinal cord injuries are a debilitating catastrophic injury and require more than the standard personal injury representation; and head or brain injuries are also among some of the more traumatic bodily injuries that can be suffered in a vehicle accident.

Severe injury personal injury attorneys are skilled at this type of representation which requires a deeper knowledge of personal injury law, as well as the experience needed to navigate the civil justice system and interact with insurance company adjuster and medical personnel.

Motorcycle Accident Statistics Cite Common Causes

2011-06-30T18:40:00.002-04:00

The National Highway Traffic Safety Administration (NHTSA) provides annual reports and statistics for accident fatalities and injuries involving all types of vehicles. Among their reports is a list for the most common motorcycle accident augers and the best methods for preventing an accident.

Of course helmet use is at the top of the list, but surprisingly in states where there is no helmet law, the statistics do not change dramatically. Likewise, in statistics from before 1992 (when the helmet law was enacted) the death to accident ratio does not decrease, but the number of registered riders does. For this reason opponents of the helmet law have stated that helmets are actually causing more deaths than they are preventing.

The one area that most statistics do agree on however, is that motorcycle fatalities significantly increase when there is alcohol involved, in particular, a blood-alcohol level of .08 or greater resulted in an increase in single-vehicle motorcycle crashes everywhere. Because of this, most fatal motorcycle accidents are more likely to occur on weekends, or during the holidays, and will involve unregistered riders, and multi-vehicle accidents.

You can protect yourself while riding by wearing your helmet, observing speed limits, and refraining from drinking alcohol while riding. You can further decrease your chances for fatal injury by staying off the highway alone at night (a time when reports say visibility is lower, and drivers are far less cautious of riders), and updating your license, registration, and insurance regularly on your motorcycle.

RI Personal Injury Case Decided

2011-06-07T11:24:00.002-04:00

A recent RI personal injury case involving a man who was paralyzed after he dove into a pond at the World War II Memorial Park in Woonsocket was decided in favor of the State in Superior Court this week. The brief article follows below in full.

Jury: RI does not have to pay paralyzed man

THE ASSOCIATED PRESS

June 6, 2011-PROVIDENCE, R.I. — A jury has sided with the state of Rhode Island in a $40 million personal injury lawsuit brought a paralyzed man.

A spokeswoman for Attorney General Peter F. Kilmartin says a Providence County Superior Court jury on Monday ruled the state does not have to pay damages to Brett A. Roy and his family.

Roy was paralyzed in 2008 after he dived into a pond located at the World War II Memorial State Park in Woonsocket. The jury found the state and its Department of Environmental Management are not liable for Roy's injuries.

The jury reached its decision after seven days of deliberations.

Roy's attorney Patrick C. Barry said an appeal is likely. He cited a partial verdict issued by the jury on Friday which divided blame equally.

Motorcycle Season is Starting

2011-05-26T10:10:00.002-04:00

Increase your awareness for those riding bikes please!

May is motorcycle awareness month, and with the latest report issued by the Governors Highway Safety Association seeing an overall drop in motorcycle related accidents and deaths, the advice is well-received to be extra cautious of two wheeled vehicles on the road.

The results show fatalities up by 6% in MA and down by 5% percent in RI, so, there is definitely room for improvement in this area. Of particular note in the report is the fact that fatalities actually rose during the second half of the year; which in most locales is riding season.

Some ideas for increasing awareness on both sides of the driving equation are the consistent use of helmets for riders and passengers on motorcycles alike; never driving impaired or after drinking any alcoholic beverages; reduce speeding; and require all motorcycle operators to take mandatory safety training classes prior to obtaining a motorcycle license.

Awareness doesn’t have to mean you drive with fear, what it means is that you take an extra 10 minutes or so to get to your destinations so you aren’t rushing, or you stop fully at the yellow light or stop sign instead of trying to make it through with a token slow down.

These are extremely minor adjustments to be able to effectively reduce and save a number of lives on the road this year. And not just in terms of motorcyclists – every driver benefits when we take the time to be safe and courteous while behind the wheel.

Personal Injury Settlements, When to Say Yes

2011-05-25T18:23:00.002-04:00

The quick answer to that is, unless you have an attorney advising you to do so, never. Insurance companies very often make low offers to people immediately following their accident with the hope of curtailing any long litigation or heavy settlements.

While this may be wonderful for the insurance company, what it means for you as the victim, is that you will be accepting far less than what your case is really worth. Accepting the insurance company's initial offer means that your injuries, damages, and losses have not been taken into account at all. And if you have substantial injuries, will miss time from work, or had your vehicle totaled in the accident, the amount you receive will never cover all of your losses.

It is always in your best interest to at least speak to an experienced personal injury lawyer immediately following any accident or injury. Whether you decide to pursue the issue or not, or whether your case is determined to be worthwhile or not, the attorney will be able to tell you what rights you have regarding any kind of settlement, and what to expect if you decide to pursue a claim for damages.

If you have been involved in any kind of accident, and have sustained injuries to you body, or property damage, contact S. Joshua Macktaz, Esquire for an experienced opinion and consultation.

The Changing Face of Personal Injury Representation

2011-05-14T10:49:00.001-04:00

Personal injury lawyers face the substantial task of communicating the benefits and limitations to a client base that has, for the most part, unrealistic expectations of what their injury case will bring to them in terms of financial benefits.

For the average injury client, the main area of concern is that attorneys tend to leave communication open-ended and do not answer their questions adequately enough. From the perspective of the attorney, contact is often only initiated when there is something new to add to the interaction, not as a rule and for update purposes alone.

However, based upon the majority of complaints by personal injury clients, lack of attorney communication is the number one reason for dissatisfaction with their representation. While it may seem excessive to have to provide this kind of periodic communication, generally personal injury clients are in a lessened state of emotional control having just had their lives completely turned upside-down in most instances. They are a group of people who are in need of reassurance, comfort, and guidance as they face the long road to recovery from their injuries, as well as recouping their financial losses, often substantial.

Personal injury clients are also keenly aware that they are paying their attorney out of the monies gained in settlement, in many cases significant amounts as most attorneys receive one-third of whatever their clients receive. Most clients will request periodic updates to keep tabs on what the attorney is actually doing to earn this sum. On the other side of this equation, there is very little to stop personal injury clients from habitually contacting their attorneys, even for frivolous purposes, and even with the necessary communication from the lawyer, as they know they will not be charged 'by the hour' for their calls and demands.

For these reasons, personal injury attorneys need to set out guidelines at the start of the relationship that will be upheld by both parties. Guidelines for communication between them and how frequently the client should expect to hear from their attorney regarding updates and case information, as well as information pertaining to fees and how the time has been spent on the case. Though most personal injury attorneys provide the client with a final billing statement showing how the time was spent. This is a good practice to uphold, and provides the client with a tangible example of the work involved in their case. In addition, when a client realizes that they will be contacted periodically by their attorney, they are much less inclined to call constantly.

Misinformation is another area where personal injury clients feel that their attorneys fail to provide them with the answers they seek. The main reason for this mindset is that most clients are more well-informed than they have been in the past with the incorporation of the Internet into the daily lives of almost everyone. Being able to look up accident statistics, paired with injuries and settlement amounts, has given injury clients ideas about how their own case should progress and the eventual outcome. Unfortunately, clients tend to attribute what they read on their own as gospel, and dispense with whatever advice and information has come from their attorney instead. Placing information in writing in your clients' hands is invaluable to eliminating this aspect of representation.

Clients need to be certain however, that they are hiring an experienced personal injury attorney and not simply an attorney who occasionally handles injury cases.

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Electric Motorcycles Expected to Do Well In United States

2011-04-19T06:13:00.004-04:00

Although a bit pricey right now, over the next 6 years or so, the electric motorcycle is expected to be a fairly big sensation, especially in the United States. The article from GOOD in full below discusses the trend further, however there is no mention of whether these bikes are expected to lower the incidence of motorcycle injuries or accident related deaths. As usual, use extreme caution when operating any motor vehicle.

Brace Yourself for 138 Million Electric Motorcycles
April 19, 2011

With gas prices pushing $5 per gallon in some parts of the country, there's lots of talk about plug-in electric and hybrid cars. The high-end Tesla Roadster, the Nissan Leaf, and the Chevy Volt have all been covered (and promoted) pretty extensively.

But what if the future belongs instead to the electric motorcycle? A new report by Pike Research, a clean technology consulting firm, predicts that the number of electric motorcycles and scooters will skyrocket from 17 million today to 138 million by 2017. And not all of that growth will come from China. The report predicts that electric motorcycles, in particular, will be popular in North America.

Dave Hurst, a senior analyst at Pike, explained the benefits of electric motorcycles and scooters in a press release, saying, "They are relatively low cost to own, do not take a lot of space, and are easy to maintain, therefore making them attractive for city dwellers." And, unlike an electric car, you could conceivably charge an electric scooter in your back yard. Don't want to wait six years? The Sora, a new electric bike being developed by Lito Green Motion, looks incredibly fun. At $43,000, it's anything but "low cost," but we're assuming prices come down by 2017.

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Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Personal Injury Lawsuits Against Friends

2011-04-18T11:54:00.003-04:00

Accidents happen, no matter who is driving, and who is in the car. This is one of the main reasons most of us carry insurance, and anyone who drives is required to do so. So that if an accident occurs, there will be sufficient funds to cover everything from medical bills and auto replacement, to property damage and lost wages.

Very often in auto accidents, people become upset because a trusted and valued friend files a claim for damages. What is misunderstood in these cases, is the fact that the friend is not filing the lawsuit against you personally; rather against your insurance company to compensate and pay for the damages they too incurred while a passenger in your vehicle.

Any time you take another person into your vehicle, for any reason, you are assuming this liability as the driver of the vehicle.

Another very common misconception is that your insurance company will be the one paying for the damages. This is simply not true. In a perfect situation where everyone is insured who has been involved in the accident, your insurance company may send you the final check for settlement, however, they will collect the same amount of money from the other party's insurance company to cover the loss. This is true in particular if you were not at fault.

If the other party does not have insurance however, and you fail to maintain uninsured motorist coverage, you will not be able to be compensated for certain damages sustained in the accident. For this reason, it is always best to contact an experienced personal injury lawyer in Rhode Island for more information about your situation before entering into any agreement with the insurance provider.

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Personal Injury Cases Involving Commercial or Government Vehicles

2011-04-07T20:16:00.003-04:00

Personal injuries are not only the result of individual drivers of cars, trucks or motorcycles. Very often, a commercial vehicle is involved, whether the driver was behaving negligently or not. When a motor vehicle accident involves a commercial vehicle, the importance of contacting an attorney to preserve your rights increases for two reasons.

One reason, is because commercial companies have much more money, manpower and legal power behind them to fight injury claims, and two, the statute of limitations for accidents involving commercial vehicles is different in many states, shorter, than for those involving the general public.

Commercial vehicle accidents are held to a higher standard of proof and will therefore often employ various specialists and experts to testify on their behalf. This practice means that you as the other party involved in the accident will need to have witnesses interviewed, photos taken of the scene and a complete investigation done on your behalf immediately or as soon as possible, following the accident.

If you have been injured, or a passenger in your vehicle was injured, this necessity increases substantially. For more information about commercial vehicle accidents and claims for personal injuries caused as a result of the negligence of a commercial driver, contact a RI or MA personal injury attorney.

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Distracted Driving Epidemic

2011-03-02T19:53:00.004-05:00

Auto accidents, pedestrian injuries, motorcycle accidents, DUIs, you name it, if it involves a vehicle, there is a way to cause or sustain an injury while using it.

The laws regarding cell phone usage while driving have been put into practice to keep everyone safe on the roadways while either operating a vehicle, or a pedestrian. Why it has become more important to make a phone call or text someone a message, than to pay attention to the fact that you are behind the wheel of a piece of equipment that can cause deaths, escapes all reason.

The simple act of either using a hands free device or pulling over to make your phone calls or texts could very well save a life, even your own. The statistic on distracted driving and accidents in the United States are staggering. As the next generation of driver's begins to get licensed and on the road, we have the added dangers that have been virtually ignored by the parents of these children as they grew up. Consequently, the newest generation of drivers, has never seen an adult drive without distractions.

They have never witnessed an adult, simply, driving a vehicle, to the exclusion of anything else. The current generation of drivers has been bred to be a distracted driver.

This doesn't necessarily imply that they will all cause accidents, but the implications of the facts are concerning. If new drivers are too busy texting and talking on the phone to focus on driving, that means more accidents, injuries, and even deaths, for the rest of us.

When this generation reaches 21, and begins to drink, it becomes easy to see that the predictions for increases in everything from DUIs and drunk driving, to automobile deaths and injuries, are well justified.

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Hit and Run Motorcycle Accidents Are Fatal

2011-02-23T13:47:00.001-05:00

Never are hit an run accidents more compelling or disastrous than when they involve either a pedestrian or a motorcyclist. The incidence of hit and runs involving motorcycle injuries increases in rural areas where there are less people to witness the accident.

Unfortunately, most motorcycle accidents are often fatal, and in the case of hit and run accidents in rural areas, more so as the riders rarely have a chance to receive life-sustaining medical attention in time to stabilize the effects of their injuries. Very often, having survived the initial impact, they are then left for dead.

If you are involved in a hit and run accident as a driver, you must at least report the incident to the proper authorities to ensure that the person you have injured has a chance at survival. It is the very least you can do. If you have been injured in a hit and run accident, there are any number of procedures that can be adopted to obtain you much needed and life sustaining financial compensation for your injuries and losses.

Contact an experienced motorcycle accident or hit and run injury attorney immediately for a consultation, and to preserve your right to file a claim.

Hit and Run Driver Caused Motorcycle Accident
Staff Writer
2/19/11
MyFOX8.com

ASHEBORO, N.C. (WGHP) —
State troopers are searching for a hit and run driver who allegedly caused a motorcycle accident Saturday morning in Asheboro.

Carl Lee Maynard, 51, of 3626 Kenley Farms Road, was riding his motorcycle on Foxworthy Road near Old Cedar Falls Road around 9:30 a.m. when he came over the crest of a hill to find a white truck in his lane, according to Trooper Brooks with the State Highway Patrol.

Maynard swerved to his right to avoid a head-on collision, traveled across a driveway and hit a large rock. He was ejected from his motorcycle and came to rest on his left side, Brooks said.

The driver of the white truck did not stop, witnesses told investigators.

Maynard was taken to Randolph Memorial Hospital where he was treated for injuries that are not life-threatening, Brooks said.

Maynard, along with several other motorcyclists, were believed to have been on their way to a charity ride event, Brooks said.

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Filing a Personal Injury Claim When A Family Member Was Driving

2011-02-03T14:34:00.002-05:00

Although it is a common misconception, you may still file a personal injury claim if you are injured in an accident where a family member was the driver.

The point to keep in mind is that in some states, filing a claim for damages above and beyond the normal payments that are covered by your insurance company, such as medical payments, and property damage, may cause your relative's premiums to increase.

You always have the right to file a claim for damages when you are involved in an accident and there is negligence at fault, no matter who is driving. Sadly, and all too often however, situations involving family members who file suit against one another for personal injury damages can result in strained family relations or worse.

If you are in a position where you have been seriously injured or traumatized by the accident, or have suffered significant losses that are not being covered by the insurance company, your family member will likely suggest themselves that you cover your losses through a claim against their insurance company.

The best course of action in any accident or negligence situation is to seek the advice of an experience personal injury attorney immediately to preserve your right to file a claim if you should need to do so.

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Pre-Existing Conditions and Personal Injury Recovery

2011-01-20T10:53:00.001-05:00

The prevailing premise in personal injury matters, is that a person who causes an injury to another person is negligent, regardless of whether or not the victim had a previous injury.

In every instance of personal injury, the victim is entitled to a recovery for damages incurred due to the negligence of another. Cases involving pre-existing conditions or injuries require that a determination be made as to the extent of the pre-existing condition, the current injury condition, and the percentage of additional injury, or exacerbation, that was caused by the new accident.

Through a determination of what percentage of aggravation to the previous injury is present, a figure can be derived for compensation for the new or aggravated injury irrespective of any previous condition.

Sometimes, an injury becomes so aggravated by another accident, that the value becomes higher than computed for the original injury. This is due to the fact of logic that, had the second occurrence never happened, the victim would be enjoying a different quality of life and would not have incurred the additional losses. If the injury is severe enough, the settlement amount will be far greater than any previous injury might have been.

If you have been re-injured, or have had a pre-existing condition aggravated by another accident involving the negligence of another, contact an experienced personal injury attorney for an evaluation of the merits of your case.

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Personal Injury Attorney Appointment Follow-Up

2011-01-14T12:21:00.004-05:00

You've met with your personal injury attorney and discussed your case - now what?

Now that the attorney has all of the information he needs from you from your initial consultation, he can begin the process of investigating your case and gathering information and documentation to support your claim.

Some attorneys do field work by visiting the scene of your car or motorcycle accident, slip and fall or other injury location. This serves a few purposes; first, your attorney will get a clear picture of where the accident occurred and how it happened, allowing him to fine tune any details and interview any witnesses; second, your attorney will be able to take photos of the area to use as documentation and support should your case go to trial; and thirdly, visiting the actual scene will further aid him in his decision as to whether or not to actually take on your case and file a claim.

If your attorney has decided to take your case, you can now expect at this point to have to sign several documents called releases, that will allow him to obtain copies of your confidential documents from doctors and employers, and to also have to sign a contingency fee agreement. A contingency fee agreement is a contract detailing what you may expect from your attorney and his staff, and what is expected of you in return. A typical fee agreement for a personal injury or negligence matter is called 'contingency' because if you do not win your claim or trial, the attorney does not get paid. However, in most instances, if you do win, the attorney will then be eligible to claim one-third of your settlement amount, often with an additional clause that the client will pay the extra for any fees incurred during the course of the case, over and above this one-third lump sum amount.

You will be expected to keep him up to date on any doctor visits or therapy appointments that you are attending for your injuries. In turn, he will request that your treating physicians send him copies of your medical records for use in establishing your claim. If you yourself have any photos of the scene, you'll need to provide your attorney with either quality copies or the actual photos.

He will also request any lost wage information from your employer to use as a basis for computing the amount of damages you have suffered as a result of the negligence of the other party.

Your health insurance coverage, or lack thereof, will also be in consideration, as most injury settlement cases have a requirement that any third party medical insurer be paid back the money they pay for your bills out of the settlement amount, as well as any money that you collect from certain government agencies may be under consideration for reimbursement at the close of your case.

In all matters involving negligence of another party and injury to yourself, it is in your best interest to consult with a qualified personal injury attorney immediately following your motorcycle or automobile accident or injury.

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Truck Driver Seriously Injured in Early Morning Accident in RI

2011-01-07T10:09:00.004-05:00

Automobile accidents are not limited to people driving recklessly or under the influence. Many accidents on the road are caused by drivers who are tired and fall asleep at the wheel, predominantly seen in early morning accidents for those who are working third shift jobs.

The best idea when you are sleepy for any reason, is to avoid driving at all costs. Pull over somewhere and take even a cat nap at the side of the road until you feel able to drive your vehicle safely home.

An article about a man from Tiverton who sustained critical personal injuries in an accident this week follows below. Please drive safely.

Tiverton man critically injured in morning crash on Route 24

By Derek Vital
Herald News
Staff Reporter
Jan 06, 2011

TIVERTON —
A Tiverton man was airlifted to Rhode Island Hospital after a single car crash on Route 24 Thursday morning.

According to Rhode Island State Police spokesman Lt. Frank Sullivan, a pickup truck traveling north on Route 24 just past Eagleville Road in Tiverton crossed the median and headed into the southbound lane of traffic at approximately 7:10 a.m. The truck did not make contact with any other vehicles, struck a large rock off the side of the road and flipped.

According to the tow truck driver from Tiverton Auto Body, this truck was traveling north on Route 24 near Fish Road in Tiverton when it turned left, drove over the median, cut across the southbound lane and ended up in the trees. No other vehicles were involved. The vehicle was towed to Tiverton Auto Body. The accident happened around 7 in the morning and caused a massive traffic jam through Fall River because the Route 24 south exit was closed.

The operator, a 49-year old male from Tiverton, was airlifted to Rhode Island Hospital where he was listed in critical condition. The north and southbound lanes of Route 24 were shut down for 20 minutes while the helicopter transported the operator.

Route 24 was re-opened to traffic at 8:05 a.m.

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No Fault Insurance System and Personal Injury Settlements

2011-01-05T10:53:00.004-05:00

Across America, states have adopted laws that provide no fault insurance options. The objection to these policies comes mostly in the form that no fault insurance limits or restricts the ability to recover substantial sums of money for damages or injuries in personal injury cases. The argument against no fault insurance has been made primarily by the trial lawyers groups across the country, stating that victims are not afforded a fair compensation under the provisions of such policies.

Certain victims groups as well have declared their own opposition to these insurance laws stating that in the absence of the ability to file lawsuits or claims for damages, auto accident victims will have little recourse for recovering losses sustained in accidents.

The main controversy however, stems from the fact that under most no-fault provisions, the government would be stepping in to remedy any discrepancies in coverage or damages paid for liability issues. In effect, and what all the discussion is about, is that the government would then in essence be in competition with private insurance companies for liability coverage insurance to the consumer.

What this kind of coverage would do however, is allow reckless drivers and multiple violation drivers to continue to operate motor vehicles to the detriment of the law abiding, safe drivers.

If you have been injured in a car or motorcycle accident, contact an experienced personal injury attorney immediately to preserve your right to file a claim for damages.

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Winter is Here... Mind You Don't Slip and Fall on Ice in RI

2010-12-30T10:38:00.003-05:00

Anyone who lives in New England has, at least once in their lives, had a slip and fall incident on ice or snow covered walkways in RI. And although these accidents are very often a case of simply brushing off the snow and continuing on our way, in some cases, a slip and fall on ice can cause serious injuries.

It is important to remember that in all cases of slip and fall accidents, the pedestrian has rights that pertain to their safety while walking on everything from property owned by the State, to property owned by a private party. In RI, snow removal laws are very clear and are designed to protect both parties while providing an avenue for anyone injured on the property of another to collect damages for those injuries.

If you slip and fall on ice due to public walkway that has not been shoveled properly, you may file a claim against the city or town where the incident occurred for damages. Likewise, if you have been injured while on the private property of another due to a sidewalk or walkway that has not been cleared of snow or ice, you are also entitled to file a claim for any damages resulting from your injuries.

Damages resulting from injuries can and do include, reimbursement of medical payments and bills, provisions for lost wages, and loss of use if applicable. The only way to determine if your slip and fall injury has merit as a claim is to contact a RI personal injury attorney and schedule an appointment for a consultation immediately.

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Why You Need an Attorney After a Motorcycle Accident in RI

2010-12-30T10:15:00.001-05:00

All automotive and moving vehicle accidents have the potential for serious bodily injury. Motorcycle accidents however, stand apart in terms of severity and longevity of recovery times, as well as death resulting incidences.

Because a motorcycle rider is at far greater risk due to the exposed nature of driving a vehicle on a roadway where your body is the only protection against other drivers, the risk for serious bodily injury, loss of limbs, or death are catastrophically increased in these situations.

While all passengers on RI motorcycles are required to wear helmets, drivers are only required to do so during their first year of having their license, or if they are under 20 years of age. And although wearing a helmet will not protect you if you are involved in a serious accident, for most minor accidents, the helmet can mean the difference between minor injuries or brain damage.

With the exhaustive list of injuries and damages that are sustained in a typical motorcycle accident, an injured party needs competent and experienced legal representation to pursue any claims for injuries after a motorcycle accident.

If you or a loved one have been involved in a motorcycle accident in Rhode Island, contact an experienced motorcycle injury attorney immediately for a consultation.

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Paying for your Personal Injury Matter in RI

2010-12-30T10:04:00.003-05:00

Although a personal injury lawyer in RI may use different methods, the computation is always the same for establishing payment in personal injury matters. Typically, a RI attorney will take one-third of your settlement from the insurance company as payment for the work that was done on your case.

Your attorney will discuss the fee structure immediately with you prior to any work being commenced on your case. In all situations, you will received a detailed accounting which will include the work that was performed, as well as the actual time spent in performing each function.

In some cases, you may also be responsible for any fees or charges incurred during the process of pursuing your injury claim, and will find those charges itemized as well.

Most injury attorneys will offer a free initial consultation to go over the merits of your case, and to allow you both to decide whether your case is worth pursuing. Also, you will be able to decide if you wish to proceed after learning what will be entailed and the process involved in filing your claim, as well as the potential for a possible lawsuit if you do not settle your case within the statute of limitations in RI.

If you have been involved in an auto accident, or slip and fall, contact an experienced RI personal injury attorney immediately to secure your right to claim damages against the insurance company.

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RI Personal Injury Attorney Notes DuPont Negligence Case

2010-12-16T13:55:00.000-05:00

RI Personal Injury Lawyer Macktaz found the following article concerning a case against DuPont chemical that was recently remanded to the state level courts for a determination of liability and negligence. The defendants in the DuPont case are claiming bodily injuries and illnesses resulting from toxic exposure to a chemical where they lived.

The full article follows below.

Personal injury cases against DuPont remanded

Dec 8, 2010

MORGANTOWN, W.Va. (AP) — Fifteen West Virginia families who blame ailments ranging from rashes to cancer on long-term toxic exposure to former DuPont zinc-smelting plant are heading back to state court.

U.S. District Judge Irene Keeley remanded their lawsuit to Harrison County Circuit Court in a ruling Monday.

Keeley said the plaintiffs can make a case in state court on claims of negligence and strict liability.

The plaintiffs have already won a class-action lawsuit over pollution from the former plant in Spelter.

The separate personal-injury case seeks damages for dozens of maladies they attribute to arsenic, cadmium, lead and other toxins.

They also want damages for pain and suffering, medical testing and treatment, lost wages and emotional distress.

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.
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Hit and Run Accidents and Leaving the Scene of Accidents

2010-09-30T12:29:00.000-04:00

Hit and run accidents in Rhode Island, or leaving the scene of an accident, are characterized by any failure of a driver who is knowingly involved in any kind of collision with a vehicle or pedestrian, whether there is a visible injury or not, and then leaves the scene of the accident.

Under RI Law drivers are required to pull over at a safe distance from an accident, not obstructing traffic, but at all instances are to remain at the scene to provide their name, address, registration number of the vehicle, provide their operator's or chauffeur's license to anyone who was injured in the accident, a driver or occupant, or anyone left with the vehicle that was involved in the collision.

A driver who strikes another vehicle or pedestrian causing injury is also required to remain at the scene to provide any assistance they can offer, including providing notice to local authorities and emergency personnel if able.

The penalties for leaving the scene of an accident in RI with resulting bodily injuries to the victim, if convicted, are a mandatory loss of license for a minimum of one year to not more than five years, and up to a $5,000 fine. If the injuries are serious the conviction will carry a one to ten year prison sentence for a first violation as well as a fine of $1,000 to $5,000, a license revocation of up to two years with reinstatement only after providing proof of financial responsibility and that no further grounds exist for its suspension.

Second or subsequent suspensions within a five year period for the same offense, if convicted, have a penalty of two to fifteen years imprisonment, and a fine of $3,000 to $10,000. Your license will be revoked for four years, with the same grounds for reinstatement present.

In both instances the Judge has the option of sending the defendant to any adult correctional facility of his or her choice.

If you or someone you know has been involved in a hit and run accident in RI as either an injured party, or someone who has left the scene of an accident, contact me immediately at (401) 861-1155 or by email at jmacktaz@cox.net
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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.
Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Hit and Run Leads to DUI Charge for Providence Man

2010-09-23T09:27:00.000-04:00

RI Personal Injury and Criminal Defense Attorney Macktaz cites the following article regarding a man who was charged with driving under the influence with an injury or death resulting.

DUI arrest after Ledyard crash

Ledyard - A Providence, R.I., man was arrested Tuesday after police said he crashed his car while intoxicated and then fled the scene.

John N. Thomas, 26, was charged with driving under the influence of alcohol or drugs, evading responsibility, traveling unreasonably fast, failure to drive right, possession of marijuana and possession of drug paraphernalia.

Police said that about 1:06 a.m. Ledyard police received multiple 911 calls reporting that a vehicle had been involved in an accident on Shewville Road near the Preston town line.

Officers found the vehicle and the Ledyard K-9 police as well as officers on foot found Thomas a short distance away.

If you or someone you know has been charged with a DUI, driving under the influence or has been injured in an auto accident through the fault of another, contact me for assistance immediately at (401) 861-1155 or by email at jmacktaz@cox.net

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.
Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

DUI Citation Issued to Driver Who Struck Motorcyclist in Glocester

2010-09-22T19:18:00.000-04:00

Motorcyclist struck in Glocester; driver cited for DUI
Aug 27, 2010
Richard C. Dujardin

GLOCESTER, R.I. -- A 29-year-old motorcyclist, Scott Cohen of Harrisville, was injured shortly before 11 p.m. Thursday when he was struck by a car attempting to make a u-turn on Route 44.

The car's driver, Lisa Bonin, 51, of Bellingham, Mass., had been stopped on the breakdown lane of the highway, facing west, when, according to the police, she began to make a u-turn in the area of Chestnut Oak Road, striking Cohen, who was also heading west.

Police who witnessed the accident stopped Bonin down the road and charged her with leaving the scene of an accident after a personal injury, driving under the influence, and refusing to take a chemical test. She was released Friday on $2,000 personal recognizance, and told to appear at the Rhode Island Traffic Tribunal on Sept. 10 to answer a charge of refusing to submit a chemical test.

Cohen was treated at Fatima Hospital for non-life-threatening injuries and was later released.

If you or someone you know has been involved in a motorcycle accident and has sustained personal injuries, contact an experience RI personal injury attorney immediately.

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.
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RI Drunk Driving Crack-down Eliminates Potential Injuries from Accidents

2010-09-10T14:27:00.000-04:00

In an August 24, 2010 article from the Providence Journal website, Rhode Island State Police are cited as instituting a state-wide program that targets drivers who are drunk or under the influence of a controlled substance. The end of summer initiative has netted over 20 people already in its first weekend of operation, and officials hope the efforts will curb not only DUI incidents, but also the resulting personal injury and automobile deaths that occur in the state every year as a direct result of drunk drivers.

The police in several communities, including but not limited to Cranston, Providence, South Kingstown, and the RI State Police, made arrests totaling over 20 individuals. In South Kingstown alone, and under normal circumstances, there are an average of five drunk driving arrests per week.

The funding allotted to agencies across the state for these programs is a little over $400,000.

If you have been the victim of the negligence of someone who was driving drunk, and have sustained injuries, contact a qualified RI personal injury attorney to help you navigate the insurance system, and obtain any benefits to which you may be entitled.

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.
Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Truck Drivers Getting Tickets in Pawtucket

2010-04-29T15:29:00.000-04:00

In an article from the Providence Journal from almost a year ago, the issue of truck driver's receiving tickets for being over the weight limit on the Pawtucket River Bridge is addressed. Officials state that the weight limit is clearly posted, but that they have still issued over $3 million dollars in tickets for this offense.

The full article follows below.

$3-million ticket: Truckers busted at Pawtucket River Bridge

Wednesday, March 18, 2009

By Bruce Landis

Journal Staff Writer

PAWTUCKET — Sixteen months after the state imposed weight limits and stiff fines on truckers who drive across the deteriorating Pawtucket River Bridge, motorists may be surprised to see state police still pulling over the big rigs.

More than 5,600 truckers have been charged with violating the bridge’s weight postings since November 2007, and the state police say they had issued more than $3 million in fines by the end of last month.

The number of truckers being caught illegally crossing the bridge isn’t dropping, suggesting that the situation may not change any time soon. In February, the last month of data available, the police charged 441 drivers with ignoring the weight limit signs, among other violations.

The number of trucks pulled over by the state police comes as a shock to passersby, the police and people in the trucking industry.“Isn’t that incredible?” said John Atwood, president of the Rhode Island Trucking Association. “I can’t figure it out for the life of me.”

It’s not for lack of warning. “It’s very well posted,” said Sgt. David J. Medeiros, who heads the state police Commercial Enforcement Unit. Atwood agrees.

In late 2007, state Department of Transportation inspectors found that rust had compromised the strength of the bridge’s steel beams and other supports. The state imposed a 22-ton weight limit at the end of November 2007, effectively banning large trucks from the bridge. The DOT also closed an entrance ramp and part of a lane on the northbound side, added steel supports underneath to hold up the rest of that lane and diverted traffic from the bridge’s edges. Signs banning trucks heavier than the weight limit went up on highways leading to the bridge.

If truckers don’t take other routes, such as Route 295 and Route 146, they are required to use detours through local Pawtucket streets. The vast majority of truckers take the detours, reducing truck traffic on that section of highway to the delight of commuters. But some don’t.

State police statistics show the initial intensive enforcement stopped 1,800 trucks in slightly more than a month at the end of 2007. Almost 500 were cited for the most frequent violation, failure to obey a traffic control device, the bridge posting. The fine for that is $85, applied to the truck driver. Thousands of dollars in additional fines were imposed on trucking companies for overweight trucks.

In the months afterward, inspections found more deterioration in the bridge’s beams, and the weight limit was reduced to 18 tons. Partly to make enforcement easier, the state imposed another restriction: Starting in August, it banned single vehicles with more than two axles and combination vehicles with more than two axles per unit. That legislation also imposed $3,000 fines for violating the axle restriction for the first time and up to $5,000 for repeat violations.

Before that, the state police had to pull over trucks that they suspected violated the weight limit and weigh them to prove it. Afterward, although they have continued to enforce the weight limits, too, they could also identify violators by counting axles.

Atwood said he has gotten calls from distant trucking companies asking advice about fighting the fines their drivers have gotten. He tells them that their choice is: “get an attorney or a corporate officer has to come down here” and go to traffic court.

Officials have said from the beginning that the weight limitations and fines were not imposed to raise money, which goes into the state’s fund for general expenses, but rather to protect the bridge until it can be replaced.

The DOT has said repeatedly that the bridge is safe and that a few trucks heavier than the weight limit won’t endanger it. But they say that further pounding could lead to even lower weight limits or even force closing of the bridge, which would cause a major regional disruption.

The DOT hopes to advertise for bids this summer, start construction in the fall and complete the new bridge by the end of 2012 at an estimated cost of $90 million. A $1.9-million congressional earmark announced last week by U.S. Sen. Jack Reed will contribute to the rebuilding.

The idea was to enforce the weight limit vigorously at the outset, which would lead to continuing compliance. That didn’t happen, the statistics show.

The rules on using the bridge and the level of enforcement have changed and the number of violations and the amount of fines have varied from month to month. But the total number of violations has remained fairly steady, at more than 400 per month, since last summer.

The fines for overweight violations trailed off and were largely replaced by fines for axle violations after that rule went into effect in August. But the amount of fines imposed has also stabilized, since November, at about $200,000 per month.

The number of pulled-over trucks regularly prompts some version of the question, “Why don’t they figure it out?”

If truckers can afford it, there’s a wonderland of software available offering help, not just to avoid getting lost, but also to avoid tickets. For example, ALK Technologies, which sells PC*Miler, says it will choose the optimal route based on a truck’s height, width, length and weight, avoiding trouble with low bridges, one-way roads, left-turn restrictions, roads where trucks aren’t allowed –– and load limits.

It’s certainly not a secret that driving a big truck across the Pawtucket River Bridge is looking for trouble. But one factor may be that the truckers being fined for crossing the bridge illegally haven’t “figured it out” because they haven’t been there before: A 100-percent driver turnover rate has been reported in some sectors of the trucking industry.

However, once a driver gets near the bridge, the DOT’s multiple, prominent signs warning of the weight restriction and the big fines seem hard to miss.

“There’s no excuse, there really isn’t any,” Atwood said.

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Car Accident Personal Injury Lawyer Macktaz successfully settles case for $150,000.

2010-03-02T21:08:00.000-05:00

Another successful settlement for a client of Rhode Island Personal Injury Attorney S. Joshua Macktaz. Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Case Type: Automobile Accident

Circumstances: 54 year old woman who suffered significant lower leg injuries in an automobile accident.

Settlement: $150,000

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

RI Boating Accident Attorney Macktaz successfully settles case for $150,000.

2010-03-02T21:06:00.000-05:00

Another successful settlement for a client of Rhode Island Personal Injury Attorney S. Joshua Macktaz. Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Case Type: Boating Accident

Circumstances: 45 year old woman who suffered significant facial injuries in a boating accident.

Settlement: $150,000

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Automobile Accident Injury Attorney Macktaz successfully settles case for $660,000.

2010-03-02T21:02:00.000-05:00

Another successful settlement for a client of Rhode Island Personal Injury Attorney S. Joshua Macktaz. Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Case Type: Automobile Accident
Circumstances: 9 year old girl who was injured in an automobile accident while a passenger in her father’s vehicle.
Settlement: $660,000

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.

Motorcycle Accident and Motorcycle Injury Attorney in Rhode Island

2010-03-02T20:40:00.000-05:00

Contact Rhode Island Motorcycle Accident Attorney Macktaz NOW — 401-861-1155

Crashes with motorcycles are not rare events - particularly among some beginning riders. Did you know that one out of every five motorcycle crashes are shown to result in head or neck injuries? Negligent drivers cause skilled motorcyclist to crash causing head trauma to the biker. You need the legal help provide by experienced Rhode Island motorcycle accident lawyer Joshua Macktaz to determine who is liable for the motorbike crash! Some crash analysis of motorcycle accidents show that head and neck injuries account for a great majority of fatalities to motorcyclists. Research with motorcycles also shows that, with few exceptions, the proper wearing of an approved head helmet reduces head and neck injuries.

Motorcycle accidents can be caused by:
    •     Drunk driving
    •     Aggressive driving
    •     Poor road conditions
    •     Traffic congestion
    •     Disregard of driving laws right of way
    •     Motorcycle signaling error
    •     Auto car driver negligence

Local Rhode Island motorcycle injury lawyer Macktaz will examine your rights and determine the liability. Some riders do not wear helmets because they think helmets will limit their view to the sides. Others wear helmets only on long trips or when riding at high speeds. An approved helmet lets you see as far to the sides as necessary. A study of more than 900 motorcycle crashes, where 40% of the riders wore helmets, did not find even one case in which a helmet kept a rider from spotting danger.

Most crashes happen on short trips (less than five miles long), just a few minutes after starting out. Most riders are riding slower than 30 mph when a crash occurs. At these speeds, helmets can cut both the number and the severity of head injuries by half. No matter what the speed, helmeted riders are three times more likely to survive head injuries than those not wearing helmets at the time of the crash. Almost every single motorcycle injury accident ends up in injury so the damages experienced can be extensive.

If you or someone you love has been involved in a motorcycle accident you need the experience and knowledge of Joshua Macktaz, Rhode Island Motorcycle Accident Lawyer to investigate your case to the fullest.

Do you know what the motorcycle accident statistics are?

A motorcycle accident injury is extremely dangerous because of the lack of protection the motorcycle drivers have. A large number of motorcycle accidents will result in death or serious injury. In fact, 2006 figures from the National Highway Transportation Safety Administration detail 4,810 motorcyclists died from accident traumas and over 88,000 more suffered injury from motorcycle accidents in the year as well.

It can be extremely difficult to know exactly what happened after a motorcycle accident. Many contributing factors play a role in an accident. A person does not always have access to the resources that a motorcycle accident lawyer would have to investigate and determine the liable parties.

Even in instances where an individual has the proper resources to carry out a motorcycle accident investigation, a motorcycle accident attorney has a unique and specialized understanding of Rhode Island motorcycle accident laws to benefit the individual effectively and successfully.

The most common causes of motorcycle accident according to accident statistics include:

Speeding
Inexperienced motorcyclists
DUI
Obstacles in the road that can cause loss of control
Drivers not noticing motorcyclists and turning in their lane

Contact Rhode Island Motorcycle Attorneys Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Motorcyclists are especially susceptible to being overlooked by other drivers because of their size. Laws governing motorcycles and motorcycle accidents are varied and complex. If you find yourself involved in a motorcycle accident, it is a good idea to contact an attorney with experience in this area. An experienced motorcycle accident attorney like Attorney Macktaz will be able to advise each individual properly, in addition to making sure that the rights of each individual are not violated.

Motorcycle accident statistics show that almost every single motorcycle catastrophe ends up in injury so the damages and costs involved can be extensive. After being involved in a vehicle collision, you should contact an attorney to get the legal guidance you require. We can guide you through the complex process after a motorcycle accident. You should also consult a physician to get help with any discomfort you are experiencing as a result of the incident.

Contact Rhode Island Motorcycle Accident Lawyers Joshua Macktaz at (401) 861-1155 and we will respond to you as soon as possible.

We represent those injured in a car crash, truck accident, motorcycle accident, auto accidents, and other motor vehicle related accidents.

Major Rhode Island Roadways:

Interstate 95: I-95: I-95 is the main north-south Interstate Highway on America’s east coast. In Rhode Island, I-95 travels from the Connecticut border near Westerly through Warwick and Providence and then on to the Massachusetts border in Pawtucket. Routes I-195 and I-295 (discussed below) are spurs of I-95.

Interstate 195: I-195: Travelling a combined 40.1 miles in Massachusetts and Rhode Island, I-195 leaves its junction with I-95 in Providence then heads east to a junction with I-495 and Route 25 on Massachusetts’ Cape Cod. The section of I-195 in downtown Providence is being replaced. The new route will lie just south of the Fox Point Hurricane Barrier.

Interstate 295: I-295: At a length of just 26.58 miles in Rhode Island and Massachusetts, I-295 is short but vital. From its southern terminus in Warwick, it forms an essential western beltway around Providence before ending to the north in Attleboro, Massachusetts. Plans are underway to supplement I-295 with an eastern beltway around Providence.

Other roadways where accidents typically happen in Rhode Island: Route 44, Route 6, Route 24, Route 1, Route 138, and Route 4

Rhode Island Counties
Bristol – Kent – Newport – Providence – Washington

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Rhode Island Personal Injury Attorney Macktaz successfully and aggressively assist those injured as a result of car accidents, motorcycle accidents, dog bites, slip and fall injuries, truck accidents, pedestrian accidents, whiplash, wrongful death, medical malpractice, workplace injuries, workers compensation claims, and injuries from other negligent acts.

Contact Attorney Macktaz at 401-861-1155 or CONTACT NOW.