Rhode Island pedestrian accident lawyer
Sadly, pedestrian accidents in Rhode Island are often fatal. The most common types of pedestrian accidents are cars running over a person travelling on foot although there are many instances of trucks, motorcycles, vans or even bicycles hitting pedestrians. A pedestrian accident injury is a serious matter requiring one of the best pedestrian accident attorneys in Rhode Island.
Rhode Island pedestrian accident lawyer
Motorists are secured with a seat belt, inside a box of metal, with air bags included to offer the maximum possible protection. But when it comes to a pedestrian walking down the street on the sidewalk, or cyclists on a bicycle there are no borders to protect them.
Pedestrians are at great risk traversing roads and streets
Many pedestrian accidents involve pedestrians in crosswalks, crossing the street without a crosswalk or walking on the side of the street. In some cases, a person is jogging, running or sprinting at the time of the crash. In other cases the pedestrian is on the sidewalk and a car hits another automobile or truck and the motor vehicle careens into the pedestrian who was minding their own business at the time of the wreck. In other cases a person walking on a sidewalk, parking garage or a parking lot slips and falls on ice, black ice or snow and falls into an oncoming motor vehicle.It is important that the victim of a pedestrian accident contacts a RI pedestrian accident lawyer.
Contact David Slepkow at
24 hour hotline 401-279-0004
According to the CDC “In 2010, 4,280 pedestrians were killed in traffic crashes in the United States, and another 70,000 pedestrians were injured. This averages to one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.”
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Pedestrian Accident in Rhode Island: Filing a Claim for Compensation
- careless driving and pedestrian accident
Comparative negligence in RI
Comparative negligence can be an issue in some pedestrian mishaps because the man, teen or child who was walking may have been careless or not paying proper attention as a result of texting, web surfing, iphone usage, electronic device or use of a mobile (cell) phone. There have been numerous accidents in which a runner is listening to music using ear phones and cannot hear the oncoming traffic.
The Ocean State is a pure comparative negligence state which means that even if a woman is illegally jaywalking, crossing a road outside of the crosswalk and is 97 percent at fault for the accident, he can collect 3 percent of his damages. Comparative negligence is not only a common defense used by the insurance company to duck liability in a personal injury claim but can be used in Rhode Island and Providence Plantations as a defense to a wrongful death cause of action.
Rhode Island pure comparative negligence law
“§ 9-20-4 Comparative negligence. – In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property.”
Distracted pedestrians
It is more likely that the operator of the motorcycle or automobile (the motorist) was distracted while driving either texting and driving or dialing her mobile device. The CDC reports: “In 2010, nearly one in every five children between the ages of 5 and 9 who were killed in traffic crashes was a pedestrian” cdc After being in a tragic accident, the last thing on a victims mind is how they will be paying their hospital bills. Many victims are hospitalized for weeks even months or years as a result of the collision.
Traumatic Brian Injury and pedestrian incidences
In some cases the victim suffers traumatic head injury with brain damage and needs a lifetime of therapy. Physical therapy is classified as one of the most expensive types of therapy a victim needs. A Rhode Island pedestrian Accident Personal injury Attorney will have to get involved and help the victim and their family get compensated as much as possible for their pains and sorrows even though money can’t always buy health.
A good RI Accident lawyer will take this type of case on a contingency basis and will only be paid if the victim is compensated for his or her injuries. The value of a pedestrian accident case depends on the amount of insurance available including how bad the victim’s injuries are, the amount of medical bills and hospital bills. There are accidental collision cases involving pedestrian in which the the victim’s medical condition worsens before getting better and eventually recovering. Pedestrian
Finding the best RI pedestrian accident injury lawyer
Finding a RI Personal injury Lawyer in the Providence area should be one of the first priorities after the victim’s health. A good Car Accident lawyer will fight to get their client the settlement or judgment that they deserve. In the case of a deadly collision, the executor of the estate should hire a wrongful death attorney in RI on behalf of the deceased victim.
Teacher killed in hit and run:
A teacher who worked in Rhode Island was killed and her spouse was injured as a result of a pedestrian hit and run accident in Somerset MA. The spouses were walking down a road and were hit by a motor vehicle. The vehicle exited the scene without stopping. Police were able to track him down because his front plate fell off during the crash. The alleged offender is Adam Cooper who turned himself in, driving to the station with the damaged car.
Cooper has a lengthy criminal record. He allegedly admitted that he smoked marijuana on the day of the accident. WPRI reported that “Cooper is now facing a felony charge of leaving the scene of an accident, death resulting, Police said the charge could lead to 10 years in prison, and that more charges may be coming.” WPRI
In East Greenwich RI, two pedestrians were seriously injured in a hit and run car accident. “Fire and rescue personnel actually found two victims at the scene — a 40-year-old woman with a lower leg injury, and a 49-year-old man, who was unconscious and looked to have a serious head injury, according to EG Fire Chief Peter Henrikson.” Patch
Woonsocket, RI hit and run:
A Lincoln police officer arrested a North Providence Man, charging him with hit and run. Seems that the alleged criminal was still driving the vehicle allegedly involved in the car crash. According to the Woonsocket Call, the Officer noticed that, “noticed that the vehicle, a silver 1993 Buick Century, had front-end damage consistent with that given by witnesses who allegedly saw Richmond run down as she was attempting to walk across Front Street in a marked crosswalk last Saturday night.” Woonsocket Call
Strangely, the motorist who previously left the scene of a serious accident started chirping about the crash immediately after being pulled over by the cop. The alleged perpetrator was charged with leaving the scene of the accident with personal injuries. At the time of the arrest the hit and run victim was still hospitalized as a result of broken bones.
No charges in Warwick Accident:
A motorist who killed a pedestrian in Warwick near Cranston RI will not be charged as a result of the fatal accident. The police ruled out texting and driving / distracted driving, drunk driving, speeding or any mechanical difficulties as the cause of the tragic mishap. The police investigation found no criminal conduct or wrongdoing on behalf of the operator of the car who killed the pedestrian. The police determined that the pedestrian was not in a crosswalk and was trying to get to the bus stop. There was very little light at the time of the deadly accident and the victim was wearing dark clothing. ABC and Warwick Online
Pedestrian Killed in the middle of the highway:
A Brocton Massachusetts man was walking in the middle of Interstate 95 highway in Pawtucket near the capital City of Providence when he was killed by an alleged drunk driver. The man was hit by an automobile and was “declared dead at the scene” Turn to 10 A Scituate RI man was charged with dui death resulting (driving under the influence) The alleged drunk driver retained a criminal attorney to represent him. If there is a personal injury case, he will probably need a good personal injury insurance defense attorney. It is unclear at this time whether a Providence Superior Court Wrongful death cause of action will be filed as a result of this fatal crash.
Anytime a moving vehicle hits a pedestrian in Rhode Island, the results can be catastrophic or fatal. The National Highway Traffic Safety Administration (NHTSA) indicates that nearly 4800 pedestrians were killed in 2012 in crashes involving a motor vehicle. In addition, there were 76,000 pedestrian injuries recorded in the same year. If you were injured in RI pedestrian accident then it is crucial that you retain a top Rhode Island personal injury lawyer.
Not every RI car accident that involves a pedestrian occurs at a dangerous intersections or crosswalks. In fact, many walkers believe they have the right of way in nearly every situation along the Providence roadways, and often fail to obey RI traffic related laws enacted for their protection. However, one of the leading causes of pedestrian injuries and fatalities involves alcohol impairment, which plays a key factor in nearly half of all pedestrian deaths.
Determining Responsibility for a Rhode Island Pedestrian accident
Often times, it is challenging to determine which party is at fault or responsible for causing the accident in Rhode Island. In almost every incident, the case will be determined by negligence, which refers to the careless or reckless action of one or both parties. In most motorist/pedestrian accidents, determining the right-of-way can be confusing.
In all likelihood, the responding law enforcement officers will gather witness statements, study the scene of the accident and make conclusions concerning how the Cranston/ Warwick collision occurred. Some of the facts collected might involve determining if the pedestrian was standing or walking in the crosswalk. Other factors might include determining if the motorists ran a red light or stop sign, disobeying posted traffic signage.
Seeking Financial Compensation using a Rhode Island Personal Injury Attorney
Because of the level of injuries, it is essential to seek financial compensation from the responsible party. Often times, the victim is suffering serious head trauma (traumatic brain injury), broken bones, lacerations, spinal cord injuries, or other serious conditions. A RI Pedestrian Accident lawyer / attorney will find a variety of ways to file a claim against the insurance company of the driver and/or the pedestrian’s policy carrier.
Often times, insurance carriers will work quickly to provide a settlement for the case as a way to avoid responsibility for paying the extra expense of future medical bills and damages including lost wages. However, the complexity of a pedestrian’s injuries often takes many weeks or months to assess fully. Because of that, it is essential to hire a RI Pedestrian accident attorney to ensure that the injured victim’s rights are being protected through the settlement or trial phases.
Rhode Island Wrongful Death Cause of Action
In the event that the pedestrian died, the surviving family members may be able to file a wrongful death lawsuit through the estate of the deceased individual. By establishing loss, an attorney can fight for financial recompense from every party at fault to ensure that the surviving family receives adequate compensation for various expenses including:
• Any medical bills accumulated prior to the death of the pedestrian
• Lost future earning capacity of the decedent
• Recompense for damages, grieving, pain and suffering
Determining the actual value of a personal injury claim for a pedestrian involved in an Pawtucket/ Woonsocket or Bristol accident with a truck or car is complex. Usually, the Providence Pedestrian Accident attorney will evaluate the extent and nature of the pedestrian’s injuries and calculate all recoverable economic losses before filing a suit or claim in Providence Superior Court. A reputable East Providence personal injury attorney that specializes in Rhode Island and Providence Plantation pedestrian accidents will generally accept cases on a contingency fee basis to avoid the need of paying any upfront fees.
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.
