Car Accident Law in Rhode Island by a Personal Injury Attorney

RI Car Accident Law1) Rhode Island is a pure comparative Fault state. This means that even if someone is more than 50 percent at fault for a Rhode Island Car Accident they can still seek compensation for their injuries. In other words, if a motorist is 99 percent liable for an auto crash they can obtain 1 percent of their damages, pain and suffering, medical bills and disability.

2.) Rhode Island does not have no fault PIP benefits for their insurance policy holders. RI is a “fault” car accident state.

3.) Only the statutory beneficiaries of a decedent killed in a fatal automobile accident can seek benefits. This recovery is not an asset of the deceased person’s estate. The executor or administrator of the dead person’s estate must file the wrongful death lawsuit in Providence, Kent, Newport or Washington Superior Court using a RI wrongful death lawyer.

4.) The Statute of Limitations for filing a personal injury lawsuit in Rhode Island as a result of a motor vehicle collision is 3 years from the date of the automobile crash.

5.) Rhode Island law requires that all motor vehicles are covered with minimum liability coverage. Motorists are not required to obtain uninsured or underinsured motorist protection. However, under RI Law a motorist must waive uninsured and underinsured coverage in writing on a yearly basis or they automatically have minimum coverage.

6.) Under RI Statutes a person can be guilty of speeding even if they have not exceeded the designated speed limit see: § 31-14-3 Conditions requiring reduced speed. – http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-14/31-14-3.HTM

“a) The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive at an appropriate reduced speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions and in the presence of emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter trucks, and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4.”

7.) Distracted driving in Rhode Island: Texting while driving is illegal in Rhode Island. Also reading a text message is prohibited in RI while driving a car. § 31-22-30 Text messaging while operating a motor vehicle.” “Text Message”, also referred to as short messaging service (SMS) means the process by which users send, read, or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device.”

8) The operator of a motor vehicle who causes a rear end SUV, motorcycle, truck or car crash is nearly always at fault for the accident pursuant to RI common law.

9) Rhode Island has criminal laws to prevent hit and run accidents causing personal injury.§ 31-26-1 Duty to stop in accidents resulting in personal injury. “The driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.” http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-1.HTM

10.) It is illegal to Hit and run after a car wreck which only causes property or vehicle damage.” Here is the duty to stop law in RI: § 31-26-2 Duty to stop in accidents resulting in damage to vehicle. The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-2.HTM

11.) Are Rhode Island Personal injury Attorneys and Providence Car accident Lawyers limited to the amount of attorney’s fees they can receive as a result of a settlement or judgment for damages in favor of their personal injury and negligence clients?

No. However, nearly all RI auto accident attorneys and Rhode Island Personal Injury Lawyers charge 33 percent of the gross recovery received by the motor vehicle accident victim.

12.)A motorist who smashes into or hits an unattended vehicle causing property damages must take appropriate action under RI law. “The driver of any vehicle which collides with another vehicle which is unattended and damage results to either vehicle shall immediately stop and shall then and there either locate and notify the operator or owner of the unattended vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or upon the unattended vehicle a notice written in the English language giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances of the collision, and shall immediately give notice of the accident to a nearby office of local or state police” § 31-26-4 Duty on collision with unattended vehicle. – http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-4.HTM

13. http://www.rhodeislandcriminallawlawyer.com/hit-run-death-resulting/ The RI law for leaving the scene of an accident with a fatality (death resulting) states that “Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle…”

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

One Response to Car Accident Law in Rhode Island by a Personal Injury Attorney

  1. […] The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive at an appropriate reduced speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions and in the presence of emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter trucks, and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4.” 7.) Distracted driving in Rhode Island: Texting while driving is illegal in Rhode Island. Also reading a text message is prohibited in RI while driving a car. § 31-22-30 Text messaging while operating a motor vehicle.” “Text Message”, also referred to as short messaging service (SMS) means the process by which users send, read, or receive messages on a wireless handset, including but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device.” 8) The operator of a motor vehicle who causes a rear end SUV, motorcycle, truck or car crash is nearly always at fault for the accident pursuant to RI common law. 9) Rhode Island has criminal laws to prevent hit and run accidents causing personal injury.§ 31-26-1 Duty to stop in accidents resulting in personal injury. “The driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.” http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-1.HTM 10.) It is illegal to Hit and run after a car wreck which only causes property or vehicle damage.” Here is the duty to stop law in RI: § 31-26-2 Duty to stop in accidents resulting in damage to vehicle. The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-2.HTM 11.) Are Rhode Island Personal injury Attorneys and Providence Car accident Lawyers limited to the amount of attorney’s fees they can receive as a result of a settlement or judgment for damages in favor of their personal injury and negligence clients?No. However, nearly all RI auto accident attorneys and Rhode Island Personal Injury Lawyers charge 33 percent of the gross recovery received by the motor vehicle accident victim.  […]

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