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Rear-end Accident Lawyer in Rhode Island | Slepkow Law

Read end car accidents RI

Rear end car accident attorneys

The most common type of Vehicular collision in Rhode Island causing Injury and property damage is a rear end motor vehicle crash. If a person is injured in a RI Auto accident then they should quickly consult with a Rhode Island auto accident attorney. These types of motor vehicle crashes have literally hundreds of different causes. Causes include: inattentive or careless driving, texting while driving, speeding, reckless driving, distracted driving, weather conditions (ice /snow/sleet or rain) and mechanical failure such as defective breaks.

Rear-end Accidents

A rear end car crash is easier to determine liability and causation then other types of providence automobile collisions such as t-bone (broadside accidents), single car crashes, multi-vehicle wrecks etc.

Liability for Rear end car, motorcycle, truck and motor vehicle collisions in Rhode Island

If a motor vehicle hits another car from behind in Rhode Island, “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).  see: Roland DeMaio et al.v.Raymond A. Ciccone et al.   “(noting that the prima facie evidence principle applies “where a rear-end collision is established” (emphasis added)). Id. See Rachiele v. McGovern, 107 R.I. 241, 245, 266 A.2d 36, 38 (1970)  Also see: Source

“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). Website

Whiplash Injury

The Nolo legal encyclopedia describes a common type of injury resulting from rear end car collisions, whiplash injury. “The term “whiplash” is used to describe a range of neck injuries — particularly soft tissue damage to the neck — common in many rear-end car accidents. When a car is rear-ended, the impact propels the driver’s and passengers’ bodies forward while their heads stay in place, exposing the neck to sudden, extreme extension and flexion that follows a whip-like motion. So injuries to the neck that result from this extreme snapping or jerking are commonly called whiplash.” NOLO  

Nolo goes on to state : “Whiplash-type injuries are now commonly referred to by more technical names like hyperextension/ hyperflexion injury, myofascial injury, neck sprain or strain, and cervical strain or sprain.”Id.

Rear-enders can cause injuries far more severe than whiplash, soft tissue injury. Rear end auto accidents in Rhode Island and providence Plantations also may lead to bone fractures, traumatic brain injury (tbi), shoulder, leg and arm injuries. If you were involved in an auto accident in Rhode Island it is important that you immediately get in touch with a RI auto accident attorney. Article by East Providence Personal injury Lawyer, David Slepkow 401-437-1100

RI rear end car accidentsDriving under hazardous wintry conditions is not an unusual problem for motorists in the Northeast and in particular Rhode Island. Even so, tens of thousands of weather-related accidents still occur during the winter months every year across the United States and in Rhode Island. A large percent of these motor vehicle wrecks constituted rear end vehicular collisions.

Often times, snow, ice and freezing rain create unsafe slippery road conditions in RI where accidents with injuries could happen. Vehicles driving too fast in Rhode Island usually do not have adequate time or distance to stop safely before rear-ending the car or truck ahead of them.

Failure to take proper precautions

Unfortunately, many of serious rear-end accidents occurring on the nation’s highways and in Rhode Island  are the result of motorists not taking proper precautions when driving in inclement weather. Most of these accidents could be easily avoided if motorists drove at a safe speed and appreciated the potential risks associated with driving on ice and snow.

Accumulated snow causing  a RI car collision

Accumulating sleet and snow on highways, roadways, streets, parking lots, sidewalks and other surfaces can cause significant injuries if accidents are involved. Even once the sleet and snow has stopped falling, the accumulation of icy wet patches can cause significant  car or truck crashes where motorists and automobile passengers are injured or killed.

Iced form by dropping temperatures or falling freezing rain is also associated with a high number of vehicle deaths and injuries every year. The icy pavement is often the result of “black ice” that is covered with sludge or snow and impossible to see from the driver seat. In many incidences, even a minimal amount of black ice on the road can make it impossible to stop in time from hitting the vehicle ahead if the driver is traveling to close (tailgating).

Common Injuries in an Icy Rear End Collision in Warwick, Cranston and East Providence accidents

In many incidences, the victim of a rear end collision involving ice or snow suffers serious injuries that often include:

• Fractures and broken bones
• Head injuries including traumatic brain injury (TBI)
• Spine, neck or back injuries
• Herniated disc injuries
• Ankle or wrist injuries
• Organ damage
• Disfigurement
• Permanent or temporary disability

Usually, the hospital expenses of recouping from the accident are high. The medical therapy and treatment to recover from the injuries are expensive and long-lasting. Typically, the victim is out of work for an extended period, losing much-needed wages that can go on for months or years after the accident.

An accident not your fault

If you are suffering serious injuries in a rear end collision in Rhode Island involving snow or ice, you are likely facing substantial medical bills, lost wages and financial loss. If the  Providence or Pawtucket accident was not your fault, you are likely entitled to receive financial compensation for your injuries from the other motorist. However, proving negligence of those responsible for a weather related accident is often complicated.

The complex RI  tort laws will require that you show how the action or in actions of others caused your injuries. Typically, it is beneficial to hire a Bristol, Warren or Barrington personal injury attorney who specializes in snowstorm-related rear end collisions. To build a solid case for financial compensation, your RI car accident attorney will:

• Gather physical evidence, medical documents and police reports
• Conduct an investigation to determine the actual cause of the accident
• Interview eyewitnesses to determine if the driver at fault failed to maintain a safe distance or was speeding, creating an unsafe condition
• Reconstruct the accident to verify the event to show which parties are at fault
• Negotiate with the insurance adjuster or opposing counsel on your behalf to seek an out-of-court settlement
• File a lawsuit and take the case to trial if an out-of-court negotiated settlement cannot be reached

Hire a top Rhode Island personal injury attorney

Hiring a trusted North providence vehicle accident personal injury law firm is essential to ensure you receive adequate recompense for your medical expenses, lost wages, pain and suffering. A skilled  South Kingston, North Kingston or Newport Injury attorney or a Rhode Island car accident attorney can provide aggressive legal representation and ensure the very best experts are handling your case.

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.”

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?

1) Speed:
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.” NRD 

“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.” Source

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.”

“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/

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.

Rhode Island Personal Injury Attorney – Car accidents in RI

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.

Rhode Island Personal Injury Attorney – Car accidents in RI