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Blog

Category: Injury Law

The Impact of Distracted Driving on Auto Accident Claims in Southern New England

In Southern New England, distracted driving has become a critical issue, contributing significantly to auto accidents each year. At Calvino Law, we are dedicated to providing comprehensive legal support to those affected by such incidents. This post explores the influence of distracted driving on auto accident claims and how our firm assists clients in navigating these complex situations.

Understanding Distracted Driving

Distracted driving encompasses any activity that diverts attention from driving, including texting, using a smartphone, eating, reading, or adjusting the radio. As technology becomes more integrated into daily life, the potential for distractions increases, making roads more hazardous for everyone.

Legal Ramifications of Distracted Driving

  1. Increased Fault Determinations: In Southern New England, evidence of distracted driving can significantly affect fault determinations in auto accident claims. Demonstrating that a driver was distracted at the time of an accident often leads to a higher degree of fault assigned to that driver, influencing claim outcomes.
  2. Impact on Insurance Claims: Insurance companies may reduce or deny claims if distracted driving is proven. Our attorneys help clients navigate these disputes to ensure they receive fair compensation.
  3. Complications in Legal Proceedings: Distracted driving adds complexity to legal proceedings. We employ detailed investigations and leverage technology to gather evidence that supports your claim effectively.

Strategies for Handling Distracted Driving Claims

At Calvino Law, we employ several strategic approaches to address the challenges posed by distracted driving claims:

  • Evidence Gathering: Utilizing police reports, witness statements, and technological data from smartphones or dashcams to establish proof of distracted driving.
  • Expert Testimonies: Collaborating with traffic safety experts and accident reconstructionists to strengthen your case and provide clear, professional insights into how the distraction contributed to the accident.
  • Negotiation with Insurers: Aggressively negotiating with insurance companies to ensure that our clients are not unjustly penalized for another’s negligence and to secure appropriate settlements.

Driving Change Through Awareness

Beyond representing clients in auto accident claims, Calvino Law is committed to raising awareness about the dangers of distracted driving. We are actively involved in community outreach and educational programs to teach drivers about the risks associated with distracted driving and the importance of focused driving habits.

Reach Out for Professional Guidance

If you or someone you know has been impacted by a distracted driving accident in Southern New England, Calvino Law is here to help. With our in-depth understanding of local traffic laws and commitment to our clients, we ensure that your case is handled with the utmost care and professionalism.

Call to Action: Protecting Your Rights

For residents of Southern New England facing the aftermath of a distracted driving accident, securing legal representation is crucial. Visit Calvino Law to learn more about how we can support you through this challenging time and help you secure the compensation you deserve. Let us take the burden off your shoulders and guide you through the legal process with confidence and knowledge.

Premises Liability: What Property Owners Should Know About Recent Legal Precedents

The landscape of premises liability law continues to evolve, significantly impacting property owners. At Calvino Law, we ensure that you stay informed about the latest legal precedents that could affect your obligations and risks. Our guidance helps property owners in understanding and implementing the necessary measures to maintain safety and compliance.

Understanding Premises Liability

Premises liability revolves around the legal principles that hold property owners and occupiers responsible for accidents and injuries that occur on their property. This liability depends on the legal status of the visitor, the condition of the property, and the actions taken by both the owner and the visitor.

Recent Legal Precedents Affecting Property Owners

Recent court decisions have refined the expectations and duties of property owners under premises liability law. Key areas affected include:

  1. Duty of Care: The extent of care property owners need to exercise to prevent harm to visitors, especially in commercial settings.
  2. Foreseeability of Harm: How property owners should anticipate potential dangers and take preventive actions accordingly.
  3. Comparative Fault: How the liability may be shared between the property owner and the injured party based on each party’s contribution to the incident.

Impact of These Precedents

The implications of recent rulings are profound, affecting various aspects of property management:

  • Enhanced Safety Protocols: Property owners may need to implement more rigorous safety measures to mitigate risks of accidents and ensure compliance with updated legal standards.
  • Legal Compliance: Staying updated with the latest legal developments is crucial for property owners to avoid litigation and potential penalties.
  • Insurance Considerations: Understanding how changes in law affect insurance coverage and what adjustments might be necessary to policy terms.

Proactive Legal Strategies for Property Owners

At Calvino Law, we focus on crafting proactive legal strategies that help property owners manage their premises liability risks effectively:

  • Regular Property Assessments: Conducting thorough inspections and assessments to identify potential hazards and address them promptly.
  • Legal Education and Training: Offering workshops and training for property owners and their staff on the nuances of premises liability and how to maintain a safe environment.
  • Customized Legal Advice: Providing tailored advice based on the specific circumstances and needs of each property owner.

Why Partner with Calvino Law?

With a deep understanding of premises liability law and a commitment to protecting our clients’ interests, Calvino Law is your partner in navigating the complex terrain of property management and legal compliance. Our team is dedicated to offering strategic advice and robust defense to property owners facing legal challenges.

Connect with Us

If you own property and want to ensure you are up to date with the latest in liability prevention and legal standards, contact Calvino Law. Visit our website to learn more about our services and how we can help you maintain a safe, compliant property environment. Property owners in our community and beyond can rely on our professional legal support to safeguard their assets and reputation against potential legal issues.

Remember, the best defense is a good offense, especially when it comes to legal matters affecting your property.

Motorcycle Accidents on the Increase: Safety Tips for Rhode Island Riders

Rhode Island’s scenic routes attract motorcycle enthusiasts from all over, but recent statistics show a concerning rise in motorcycle accidents. At Calvino Law, we’re dedicated to promoting safety and awareness among our riding community to reverse this trend. Below, we outline essential safety tips and legal insights to help Rhode Island riders stay safe on the roads.

Understanding the Surge in Motorcycle Accidents

Recent data points to an uptick in motorcycle incidents across Rhode Island. Several factors contribute to this increase:

  • Increased Traffic Volumes: As our roads become busier, motorcycles are more at risk of being overlooked by other drivers, especially in dense urban settings.
  • Variable Weather Conditions: Rhode Island’s changing weather patterns can create hazardous riding conditions unexpectedly.
  • Distracted Driving: With the rise of smartphone use, distracted driving remains a significant threat to motorcyclists.

Proactive Safety Tips for Motorcyclists

Staying safe on your bike involves more than just defensive driving. Here are key strategies every rider should adopt:

  1. Wear Proper Gear: Always wear a helmet with a face shield or protective eyewear. Wearing appropriate clothing, gloves, and boots can also minimize injuries in a fall or collision.
  2. Get Certified: Completing a motorcycle safety course not only improves your riding skills but also makes you more aware of the potential hazards on the road.
  3. Stay Visible: Use reflective gear and keep your headlights on, even during the day, to make yourself more visible to other drivers.
  4. Follow Traffic Rules: Adhere to speed limits and local traffic laws. Be especially cautious at intersections, where most collisions occur.
  5. Ride Sober: Alcohol and drugs impair your reaction times and judgment. Always ride sober to ensure your safety and that of others on the road.

Legal Protection for Riders

If you’re involved in an accident, knowing your legal rights is paramount. Rhode Island law requires all parties in a motorcycle accident to stay at the scene and report the incident if it results in injury or significant property damage. Here are a few steps to take if you’re involved in a collision:

  • Seek Medical Attention: Prioritize your health and get checked even if you feel fine. Some injuries may not be immediately apparent.
  • Document the Scene: Take photos, gather witness statements, and maintain records of any medical treatment.
  • Consult with an Attorney: Early legal advice can be crucial. An attorney focuses on motorcycle law can help navigate insurance claims and potential litigation, ensuring your rights are protected.

Partner with Calvino Law

At Calvino Law, we are committed to supporting the motorcycle community by offering tailored legal advice that addresses the unique challenges riders face. Our understanding of local traffic laws and our dedication to the riding community make us a valuable resource for any motorcyclist.

Stay Safe and Stay Informed

For more tips on motorcycle safety or to consult about your rights after an accident, visit Calvino Law. Our team is ready to assist you with any legal needs and ensure you can enjoy Rhode Island’s roads safely and confidently. Whether you’re cruising through the bustling streets of Providence or the serene roads of Newport, your safety is our priority.

How Social Media Can Affect Your Personal Injury Claim: Best Practices

In today’s digital age, social media plays a significant role in our daily lives, but it can also impact legal proceedings, especially personal injury claims. At Calvino Law, we guide our clients through the complexities of handling social media to safeguard their legal interests. Understanding the potential pitfalls and strategic practices can be crucial for those involved in personal injury cases.

The Influence of Social Media on Personal Injury Claims

Social media posts can inadvertently affect the outcome of personal injury claims in several ways:

  1. Evidence of Physical Activity: Photos or videos that show you engaging in activities could be used to challenge the severity of your injuries.
  2. Statements About the Incident: Any comments about the accident or your injuries might be taken out of context or contradict official statements given to insurance companies or in court.
  3. Emotional State Representation: Posts that depict a happy and active social life can be misleading if presented as evidence against claims of emotional distress or mental anguish.

Guidelines for Managing Social Media During Your Claim

To minimize the impact of social media on your personal injury case, consider the following best practices:

  • Privacy Settings: Increase your privacy settings to restrict who can see your posts and prevent new friend requests during your case.
  • Pause Posting: Consider taking a break from social media while your case is active. Even benign posts can be misconstrued or used against you in court.
  • Review Past Posts: Look through your past posts to identify anything that might be used to undermine your claim and discuss these with your attorney.
  • Consult Your Attorney: Before posting anything new, consult with your lawyer to ensure it won’t negatively impact your case.

How Calvino Law Can Help

At Calvino Law, we understand the nuances of personal injury claims and the inadvertent effects of social media. Our team is skilled in advising clients on how to conduct themselves online during the litigation process. We provide comprehensive guidance on:

  • Social Media Audits: Reviewing your social media history to identify potential issues.
  • Strategic Advice: Offering tailored advice on what to avoid posting during your claim.
  • Continuous Support: Monitoring developments and providing ongoing counsel regarding the best practices for social media use during legal proceedings.

Connect with Calvino Law for Personal Injury Representation

If you’re facing a personal injury claim and are concerned about how your social media presence might affect the outcome, it’s important to work with attorneys who understand both the legal and digital dimensions of your case. Calvino Law is committed to representing your best interests both in and out of court.

Visit Us Online

Explore how we can assist you further by visiting our website at Calvino Law. Our team is ready to provide the support and guidance you need to navigate your personal injury claim effectively, ensuring you are well-informed about the role of social media and other critical aspects of your case.

What to do with Uninsured Motorist Claims in Providence

One moment you’re driving, the second, your car is totaled. Car accidents are stressful because, in addition to everything else you have going on with your life, you now have to deal with any injuries you or your passengers may have sustained as well as getting the car repaired. After both the other driver and you pull over to the side of the road, you prepare to exchange information only to realize that the other driver does not have insurance – leaving you to deal with the bills that must be paid.

 

You do have options aside from paying hefty fees. In Providence, insurance companies have “uninsured motorist coverage” to protect you so you can be compensated if you have uninsured motorist claims. Also, if the other driver was underinsured, this same policy applies to cover the remaining bills that you may have. Of course, this does not mean that insurance companies will hand you all the money that you need without a fight.

 

How do you deal with the insurance companies? One, don’t talk to the insurance adjuster without consulting an uninsured motorist claims attorney. Insurance companies want to be able to record you saying that the injuries that you incurred aren’t as severe as you claim, as well as get you to agree with a compensation number without letting you know all the facts. Remember only to say what you can provide to the courts with documentation. You and your attorney will need to provide evidence of police reports, witnesses, medical bills, and much more to make an argument convincing enough to receive the compensation that you need. It might seem impossible to deal with a trial when you are trying to keep your life together, but keep in mind that you are entitled to a 12% interest rate per year from the insurance companies, after the date of the accident, so that the insurance companies will not try to stall the trial.

 

With a Providence uninsured motorist claims attorney, you do have options to get the support you need.

Slip and Fall Accidents: What You Need to Know

Broken bones, concussions, thoracic sprains – the injuries that stem from slip and fall accidents can have a serious physical and financial impact. If you are partially or fully disabled from this type of accident, how will you take care of yourself and your family? Aside from seeking immediate medical treatment, you also need to use legal means to protect yourself financially. You need financial compensation.

In the midst of the accident, it is difficult to determine all the factors that could have led to the slip and fall. To receive compensation from a slip and fall accident, you and your attorney need to comb through the case files thoroughly and collect all the evidence you can. You will need to prove two things with the evidence that you provide to the court: negligence and the severity of physical harm. By providing pictures of the scene of the accident, the court will be able to compare the premises with maintenance protocols in order to determine if there was negligence.  Pictures of the injury itself can be used as additional evidence to highlight the severity of the physical harm caused by the accident. Additionally, the court will take into account how your lifestyle has been changed by the incident. With this in mind, providing as much financial and medical information you can, will put you in the best light to receive financial compensation.

One obstacle you may have, and it should be attended to before the trial, is the possibility of the defense being able to use “comparative negligence.” Comparative negligence is where the court determines how much negligence or carelessness occurred on your part that led to the accident. If the defense is able to prove even a small fraction of fault to be yours, that percentage will be deducted from possible compensation you may receive.

Although experiencing a slip and fall accident can be both painful and terrifying, you are not alone. Following these tips, along with a Providence attorney who specializes in slip and fall accidents, and you will have the help you need to get the most out of your slip and fall accident.

Serious Injury Attorney: How to Get Compensation in Providence

It would seem that the more obvious the injury, the higher the chance of receiving compensation for it.  Lost wages from missed work, medical bills, pain and suffering are the obvious factors to consider when trying to receive compensation from an insurance company or the responsible party. Unfortunately, the courtroom can work more like a business than a room of justice – that’s why you need to be protected. Without the right support, your livelihood is at risk.

There are laws in Providence that allow the insurance companies a defense that consists of proving the negligence of another – referred to as comparative or “share” fault. What the defense will argue at trial is that you were negligent, even by a small percentage, before the accident occurred. Even if they can prove that you were even ten percent negligent, then you have already lost ten percent of the original compensation you would have received. For the seriously injured, ten percent can be the difference between comfortable living and barely getting by.

One thing can prevent the defense from successfully proving such accusations: evidence. Although it may seem obvious, the truth of the matter is that the more evidence you have, in comparison to opposing counsel, the more likely you will be able to get the compensation that your serious injury requires. Depending on the circumstances surrounding the accident, it can mean having an expert look at the item that caused your injury.  Being able to provide documentary evidence would allow the court to see just how dangerous the environment was where the injury occurred. If the accident was sudden, even getting eye-witness testimony will assist the court in understanding the negligence of the defendant and the necessity for you to receive proper compensation.

As you go through your trial, remember that the court is, at the end of the day, a business. The Providence serious injury attorney will negotiate and persuade the court to produce results that best suit you.

The Facts About Premises Liability in Providence

When you experience an accident, make sure you know exactly where you are and who is responsible for maintaining that location. Whether it’s a shopping mall, neighbor’s house, or a park? If the accident stemmed from the condition of the environment, then you may be able to seek compensation from the property owner.

Nearly all properties you may find yourself in, have an owner who is directly responsible for its maintenance and any incidents that take place on that property.  Failure to maintain the property can include: lead paint exposure, sidewalk or road defects, poor security measures, poorly lit staircases or hallways and exposed electric wiring.  Defective merchandise which the owner was aware of, unsecured animals resulting in such things as dog bites, prolonged exposure to asbestos leading to mesothelioma, etc. There are a lot of ways in which a property owner can fail to maintain their premise and place their visitors at risk of getting injured.

One obstacle that you need to consider before pressing charges is if there was any amount of negligence on your part that could have resulted in the accident. This can mean a number of things depending on the conditions that surrounded the accident. Mostly, defense attorneys will try to prove that you were partaking in unsafe activities that would have resulted in an accident regardless of if you were on the property or not. In Providence, this is called “comparative fault,” meaning that you will either receive reduced compensation or no compensation at all if the defense is able to prove that you were negligent at the time of the accident. This would include if you trespassed onto the property, meaning that the property owner did not give you the approval to be on the property in the first place and thus holds no responsibility for your injuries. Of course, if you were invited onto the property and were not sufficiently warned of the possible dangers on the property, then you will be eligible for compensation.

Having a Providence premise liability lawyer at your side will give you the best chance of receiving the most compensation possible.

Personal Injury: Tips to Get the Compensation You Deserve

Personal injuries cause more than just physical pain. With expensive medical bills and having to take time off work, you can easily find yourself financially overwhelmed. What do you need in order to get compensated for an injury caused by an individual’s or company’s negligence?

Time, evidence, and a skilled Providence personal injury attorney.

Time is a significant factor in determining the amount of compensation you will receive for your injuries. In Providence, the statute of limitations to file a personal injury claim is three years.  Aside from the fact that your case will be thrown out if you do not meet this deadline, waiting to file a personal injury claim can result in you and your attorney not having as much evidence to work with. This includes the possibility of losing documentation or witnesses no longer being able to testify.

Remember, the more evidence you have, the better chance of a higher compensation payout for your personal injury. After the accident, it is essential to get the contact information of all the witnesses at the scene, a copy of the police report, medical information, and financial documentation. In regards to financial documentation, the courts will need to see evidence of the financial strain that has been placed on you and your family. Not just medical bills, but any other financial obligations that resulted from the accident and have negatively affected you and your family. Medical information and financial documentation will be the largest factors in determining the amount of compensation that you receive from insurance companies.

Insurance companies are a business; they are not your friends so appealing to their ‘humanity’ is a waste of time. They will take the necessary steps to ensure that you get as little compensation as possible. In order to overcome the turmoil of a personal injury, getting a seasoned personal injury attorney will best prepare you to get the compensation that you deserve.

The Truth About Motorcycle Accidents

Motorcycle accidents can be detrimental; the minimal protection motorcycle riders have puts them at a disadvantage when going against automobiles. When collisions between cars and motorcycles do occur, the riders may find that the deck is stacked against them when it comes to motor vehicle laws in Providence.

On the road, it is very common for drivers not to take the time to look for motorcycles that could be passing by. To add to this lack of responsibility, there is a wide perception in both the social and legal context that motorcyclists play an active role in any accidents they are involved in. Although this perception may seem like a factor that you would have no control over – having an experienced motorcycle accidents attorney is vital if you want to receive full compensation for your injuries.

The legal term that translates to blaming the motorcyclist for the accident is called “pure comparative fault.” What this means is that if the defense proves that you were partially to blame for the accident, then the court will only give you partial compensation. For instance, if it is determined that you are thirty percent at fault, then you will receive only seventy percent of the total compensation. Although no one wants reduced compensation, this is especially damaging to motorcyclists where compensation is needed to cover extensive medical bills and motorcycle damages.

In order to contest “pure comparative fault,” you and your attorney would need to indicate that opposing counsel cannot prove beyond reasonable doubt that you were partially at fault.  It can be done by emphasizing that the car driver was completely negligent and therefore caused the accident. One of the many factors that can be used to prove negligence includes speeding or driving while under the influence.

Despite the bias against motorcyclists, there is a way to succeed. With a Providence motorcycle accidents attorney, you can get the compensation that you deserve.