The most common types of automobile accidents that occur on the roads, streets and highways of Rhode Island and Providence Plantations are known as a “rear-enders”. Nationally, according to the National Highway Transportation Safety Administration, “approximately 29.7% of all crashes in the year 2000 were rear-end crashes. These crashes were responsible for 30% of all injuries and 29.7% of the property damage.” http://www-nrd.nhtsa.dot.gov/Pubs/809-540.PDF
Rear end car crash
A large majority of auto wrecks in the Ocean State constitute what is commonly known as “rear enders”. Rear- end accidents in Rhode Island are easier to settle with Insurance Liability Adjusters than other types of vehicular collisions. Pursuant to RI Injury law, the liability of the motorist who caused the rear end car crash is assumed. In other words, the motorist who strikes another vehicle is usually negligent and at fault for the wreck. A “Rear-ender” is the most common type of car accident resulting in personal injury.
If you were a victim of a rear end crash then contact East Providence Personal injury Lawyer David Slepkow 401-437-1100.
“Under Rhode Island law, [w]hen a case includes a claim or defense resulting from a rear-end collision between vehicles, a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). Id. http://www.ripersonalinjurylaw.com/motorcyle-car-accident-rear-ender/ Roland DeMaio et al.v.Raymond A. Ciccone et al. http://www.courts.ri.gov/Courts/SupremeCourt/Opinions/11-211.pdf
The San Francisco Personal Injury Lawyers at Callaway and Wolf eloquently stated “Most rear end accidents involve one or both of three key factors: driver inattention by the driver behind, following too closely, or a rapid deceleration by the driver whose car is hit. Many times, rear end accidents occur when there was no quick stopping, and the driver who is hit had been stopped for several seconds or longer.” http://www.callawayandwolf.com/lawyer-attorney-1855530.html
Multi Car Pileups in RI
In some instances, a Rhode Island rear end collision between two vehicles turns into a multi- vehicle chain reaction vehicular wreck. Multi motor vehicle Pile-ups sometimes are caused by lack of visibility or inclement weather conditions such as fog, rain, sleet, snow or ice.
Some multi car collisions occur when a truck, van or car stops short causing a chain reaction of rear end crashes. When a motorcycle or automobile stops short often other autos do not have the time to stop. This causes the motor vehicle behind the stopping vehicle to suddenly brake often resulting in the vehicle skidding into the car in front. Other multi vehicular pile-ups are caused by one vehicle skidding out of control into other vehicles.
Failure to stop at stop sign
Many rear-enders in Rhode Island result from a motorist not noticing a stop sign, red light or yellow light and hitting their brakes at the last second to avoid running a red light or unlawfully not stopping at a stop sign. Other types of common automobile accident injuries include broken bones (arm/leg /wrist), Concussions/ TBI, back / neck injury and Lacerations, cuts and bruises.
An unlawful failure to stop in violation of RI laws could cause a pedestrian accident or bicycle accident. According to RI Statute § 31-16-2 Manner of turning at intersection “(ii) Pedestrians intending to cross a lane of traffic which is required to stop or yield by a red traffic light, stop or yield sign or other traffic control device shall be granted the right-of-way.” http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-16/31-16-2.HTM Motor and Other Vehicles 31-16 Starting, Stopping and Turns Section
A low impact rear-ender is most likely to cause a whiplash injury or even a herniated disk. Other more serious rear-enders could cause death, traumatic brain injuries (tbi), spinal cord injuries or paralysis
What are the causes of most rear end accidents in Rhode Island?
2) Driving too close behind another vehicle otherwise known as tailgating
3) Distracted Driving / Inattentive Driving- In some instances a motorist is not paying attention to his or her driving responsibilities and the operators inattentive driving is the cause of the wreck. In other cases the motorist is texting while driving or distracted by his cell phone/ smart phone, gps or other mobile electronic device.
4.) Drunk (DUI/DWI), stoned, reckless or drowsy driving
5) Poor weather conditions such as rain, snow or ice
6) Maintenance problems such as faulty brakes, broken lights, defective or worn down tires.
Weather conditions cause RI auto accident?
It is an interesting debate as to weather bad weather conditions are the actual cause or a car accident or is it the motorist who drove negligently or recklessly taking into consideration the inclement weather. “Rear-end crashes are not only one of the frequently occurring types of crashes, but also are responsible for a large number of injuries and fatalities and substantial property damage every year.” http://www-nrd.nhtsa.dot.gov/Pubs/809-540.PDF
“A rear-end crash refers to a crash in which the front of one vehicle collides with the rear of another vehicle. Thus, a driver involved in such a crash may be the driver of a striking vehicle, of the struck vehicle, or of the vehicle that both struck and was struck. Rear-end crashes are not only one of the frequently occurring types of crashes, but also a responsible for a large number of injuries and fatalities and substantial property damage every year.” http://www-nrd.nhtsa.dot.gov/Pubs/809-540.PDF
In future posts I will be discussing other types of common motor vehicle, semi-truck and bike types of accidents such as T-bone accident, Head on accidents, Wrong way driving Accidents, rollover accidents and Car- Truck crashes. If you are injured in a bus, bike, pedestrian, car or motorcycle accident then it is important that you retain a Rhode Island Personal injury Attorney to seek damages for lost wages, partial and permanent disability as well as pain and suffering.
Reasonable and prudent speed
“No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.1 ”31-14-1 & 31-14-3 In addition, a driver is to exercise due care to avoid colliding with a pedestrian or human-powered vehicle. ’31-18-8″
“One person dies, another in critical condition after wrong-way crash on Rt. 95” Pawtucket RI accident “The Rhode Island State Police say one of four people injured in wrong-way crash on Route 95, Pawtucket, has died. The person who died was a passenger in an SUV that was struck by the wrong-way vehicle.” http://www.providencejournal.com/breaking-news/content/20140228-one-person-dies-another-in-critical-condition-after-wrong-way-crash-on-rt.-95.ece
“It was shortly before 9 a.m. on a cold and cloudy Friday morning in February 1989, and somewhere along a straight stretch of 95 that parallels Doric Avenue, Fung “lost consciousness.” For how long, he doesn’t know. What he remembers is that he was awakened by a crash, and when he stopped his car and got out, a man was lying on the ground. Emergency crews responded, and state police troopers, after hearing Fung’s explanation that he had fallen asleep, ushered him to the front seat of a cruiser for a drive to the barracks in Lincoln.” http://www.providencejournal.com/breaking-news/content/20040113-cranston-mayor-fung-recounts-fatal-roadside-accident-he-caused-as-college-freshman.ece
Sadly, some car accidents are fatal and can lead to wrongful death litigation In Providence or Kent county Superior Court. In the event of a deadly crash, the executor of the estate of the person killed in the accident must bring a wrongful death cause of action on behalf of the decedents estate against those responsible for the death. If your loved one died in an accident it is crucial that you don’t just retain a RI car accident Attorney but you hire a RI wrongful death lawyer.
§ 31-20-9 Obedience to stop signs. – Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection, except when directed to proceed by a police officer or traffic control signal. Violations of this section are subject to fines enumerated in § 31-41.1-4. http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-20/31-20-9.HTM