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Injured in an Auto Accident in Middletown? Marasco & Nesselbush Can Help
A car crash can leave you facing medical bills, vehicle repairs, lost income, and uncertainty about who is responsible for your injuries.
Insurance claims can become difficult when the at-fault driver disputes responsibility, multiple vehicles are involved, or the available coverage is insufficient to pay for the injuries and damage.
At Marasco & Nesselbush, our Middletown auto accident lawyers investigate collisions, review insurance coverage, and pursue compensation for car accident victims, injured passengers, pedestrians, and families throughout Aquidneck Island and Newport County.
Our attorneys investigate negligence, identify the insurance policies that may apply, and document how the crash has affected your health, work, and daily life.
Contact Marasco & Nesselbush for a free initial consultation about your auto accident claim.
We handle qualifying injury cases on a contingency fee basis. Attorney fees depend on a recovery, and the written agreement explains how litigation expenses are handled.
Why Choose Marasco & Nesselbush After a Middletown Car Accident?
Joseph Marasco and Donna Nesselbush founded the firm in 1999. Since then, Marasco & Nesselbush has recovered more than $500 million for clients across its practice areas.
Our attorneys bring more than 350 years of combined legal experience across the firm, including serious personal injury cases involving vehicle collisions, disputed insurance coverage, and wrongful death.
Joseph P. Marasco leads the firm’s personal injury and medical negligence practice and has litigated, arbitrated, and mediated claims in Rhode Island’s state and federal courts.
Timothy P. Lynch has handled cases involving rollover crashes, pedestrian injuries, fatal collisions, and permanent neurological harm.
Thomas L. Moran represents personal injury clients, including people injured in serious motor vehicle accidents.
Our personal injury lawyers work with legal staff to obtain crash reports, review witness accounts, examine medical evidence, and negotiate with insurers.
Their knowledge of Rhode Island insurance law and local court procedures informs how they prepare disputed claims for litigation.
Clients can meet with us at our Middletown office, 809 Aquidneck Avenue, Unit 201C, Middletown, RI 02842. English- and Spanish-language assistance is available.
Past results do not guarantee the outcome of another claim.
Auto Accident Cases We Handle in Middletown
Vehicle crashes in Middletown may occur along West Main Road (Route 114), East Main Road (Route 138), Aquidneck Avenue (Route 138A), or other roads connecting local neighborhoods, businesses, and the Newport area.
The cause of a collision and the identity of the responsible parties affect what evidence must be collected.
Rear-End, Intersection, and Failure-to-Yield Accidents
Rear-end collisions may result from following too closely, distraction, or failing to brake for stopped traffic. Intersection crashes may involve disregarded signals, unsafe left turns, or failure to yield.
Our attorneys review the vehicles’ positions, roadway markings, signal information, photographs, and witness statements to assess how the crash occurred.
A rear-end collision does not automatically establish liability in every circumstance. Other evidence may affect the determination of fault.
Distracted, Speeding, and Impaired Driving Crashes
Distracted driving, speeding, reckless driving, and impaired driving can endanger other motorists, pedestrians, and cyclists.
Evidence may include witness accounts, traffic citations, surveillance recordings, and available electronic information obtained through appropriate legal procedures.
When an impaired driver causes a crash, the criminal investigation and any civil injury claim serve different purposes. A criminal conviction is not required to pursue a negligence claim supported by the evidence.
Punitive damages are possible only in exceptional cases involving sufficiently egregious misconduct under Rhode Island law. A reckless driving allegation or traffic citation alone does not establish a right to punitive damages.
Truck, Delivery Vehicle, and Rideshare Collisions
Commercial vehicle crashes may require examining driver qualifications, company records, vehicle maintenance, delivery instructions, and business insurance coverage.
Our Rhode Island truck accident lawyers investigate potentially responsible drivers and companies, including situations in which more than one party contributed to the collision.
Rideshare claims can involve additional insurance questions depending on whether the driver was using an app, waiting for a request, or transporting a passenger at the time of the crash.
Motorcycle, Pedestrian, and Bicycle Injuries
Motorcyclists, pedestrians, and bicyclists face substantial injury risks when drivers fail to yield, make unsafe turns, or overlook people outside passenger vehicles.
Our motorcycle accident attorneys and personal injury team examine visibility, traffic controls, vehicle movements, and other factors relevant to responsibility.
Hit-and-Run and Multi-Vehicle Accidents
A driver may leave the scene without providing insurance information, or several drivers may give conflicting accounts of a chain-reaction collision.
Police records, witness descriptions, nearby cameras, and vehicle damage may help identify the responsible parties. Uninsured motorist coverage may be available in qualifying hit-and-run cases, subject to the policy and Rhode Island law.
Injured and not sure what your case is worth? Find out for free.
What to Do After an Auto Accident in Middletown
Your health and well-being come first, particularly if you experience head pain, dizziness, difficulty breathing, severe neck or back pain, or other concerning symptoms.
The Rhode Island Division of Motor Vehicles advises drivers to stop, report collisions to police, and request assistance when someone is injured.
When it is safe to do so:
- Seek medical care. Call 911 for emergencies and obtain appropriate evaluation for injuries that may not be apparent immediately.
- Report the collision. Contact police and ask how to obtain the crash report. Rhode Island requires police reporting in specified circumstances, including crashes involving injuries.
- Exchange information. Record the other drivers’ names, vehicle registrations, contact details, and insurance information.
- Document the scene. Photograph vehicle positions, damage, traffic signs, road conditions, and visible injuries before the scene changes, if possible.
- Identify witnesses. Keep contact information for anyone who saw the collision.
- Preserve records. Save medical bills, treatment instructions, repair estimates, towing receipts, work absences, and communications with insurers.
- Use care when discussing fault. Describe what you know, but avoid guessing about the cause of the collision or the long-term extent of your injuries.
- Consider an early legal review. An attorney can identify deadlines, request evidence before it is lost, and explain options for dealing with the insurance companies.
A lack of photographs or witnesses does not automatically prevent a claim. Police records, business surveillance, vehicle data, and other evidence may still be available.
How Fault Is Established Under Rhode Island Law
To prove fault in most motor vehicle injury claims, the injured person must establish that another driver or responsible party owed a duty of care, breached that duty, and caused injuries resulting in compensable losses.
A traffic violation may support a claim, but responsibility is determined from the circumstances and evidence, not solely from whether someone received a citation.
Relevant evidence can include crash reports, photographs, witness accounts, road conditions, surveillance footage, vehicle damage, and accident reconstruction when warranted.
What if You Were Partly Responsible for the Crash?
Rhode Island follows pure comparative negligence under R.I. Gen. Laws § 9-20-4.
An injured person’s share of negligence generally reduces their damages rather than automatically preventing recovery.
For example, if damages total $100,000 and the injured person is found 30% responsible, the award would be reduced to $70,000.
Insurers may dispute fault after a collision. Our attorneys investigate the other party’s liability and compare competing accounts with the evidence rather than accepting an adjuster’s assignment of blame.
Rhode Island Auto Insurance Coverage After a Crash
Rhode Island is an at-fault state for motor vehicle injury claims. Various types of insurance may contribute toward payment, including the responsible driver’s liability coverage, the injured person’s own policy, or another applicable policy.
Minimum Liability Insurance Requirements
Under Rhode Island’s automobile insurance regulations, the minimum liability limits for an owner’s policy are generally:
- $25,000 for bodily injury or death to one person in an accident.
- $50,000 for bodily injury or death to two or more people in one accident.
- $25,000 for damage to another person’s property.
A $75,000 combined single limit is an alternative permitted by the regulation.
These are minimum coverage amounts, not limits on the damages an injured person can seek. A serious injury may cause losses exceeding the responsible driver’s policy limits.
Uninsured and Underinsured Motorist Coverage
Uninsured motorist (UM) coverage may apply when the responsible driver has no applicable insurance or cannot be identified after a qualifying hit-and-run crash. Underinsured motorist (UIM) coverage may apply when the responsible driver’s coverage is insufficient under the applicable policy and legal rules.
R.I. Gen. Laws § 27-7-2.1 and the state’s UM/UIM regulation govern how coverage is offered, selected, reduced, or rejected.
Insurers generally must offer bodily injury UM/UIM limits matching the policy’s bodily injury liability limits. An insured can select lower permissible limits, and someone purchasing only minimum liability coverage may reject bodily injury UM/UIM coverage by following the required written procedure.
Insurers must also offer uninsured motorist property damage coverage of at least $25,000, subject to the applicable rejection rules.
The policy language, coverage elections, and circumstances of the crash should be examined before assuming UM or UIM benefits are available.
Medical Payments and Vehicle Damage Coverage
R.I. Gen. Laws § 27-7-2.5 generally requires medical payments coverage to be offered at no less than $2,500 per person and $5,000 in the aggregate, but the named insured may reject it in writing.
Medical payments coverage can help pay eligible accident-related medical expenses regardless of fault when the policy includes it.
Collision coverage, rental reimbursement, and other optional coverage may help with vehicle repairs or temporary transportation. The amounts available and applicable exclusions vary depending on the policy and circumstances of the crash.
Compensation for Auto Accident Injuries in Middletown
A personal injury case may involve both financial losses and the physical and personal consequences of a collision. The damages must be supported by evidence connecting them to the responsible party’s conduct.
Economic damages may include:
- Emergency treatment, hospitalization, surgery, rehabilitation, and medication.
- Future medical care, assistive equipment, and ongoing treatment for lasting injuries.
- Wages lost when you miss work, lost income from self-employment, and reduced future earning capacity.
- Vehicle repair or replacement costs, towing, and other recoverable property losses.
- Documented out-of-pocket expenses attributable to the collision.
Non-economic damages may include:
- Physical pain and suffering.
- Emotional distress associated with the accident and its consequences.
- Permanent disability or other lasting impairment, disfigurement, and loss of normal activities.
A person with a traumatic brain injury, spinal injury, complicated fracture, or severe internal injury may require additional treatment or assistance long after leaving the hospital.
When a collision causes death, the estate’s authorized representative may be able to bring a Rhode Island wrongful death claim under the applicable rules.
The value of a claim depends on more than the diagnosis. Our attorneys consider the medical prognosis, evidence of fault, future losses, and available insurance coverage when seeking fair compensation.
How Marasco & Nesselbush Handles Auto Accident Claims
We begin by investigating how the collision occurred, identifying the people and companies that may be responsible, and reviewing the insurance coverage that may apply.
Our attorneys then compare the medical evidence with the circumstances of the crash, including any preexisting injuries that the insurer may question. Treatment records, work history, and medical opinions may help establish the additional losses caused by the accident.
When the evidence supports a claim, we prepare a settlement demand documenting the injuries and losses. Our attorneys also prepare legal documents, manage court deadlines, and represent clients in litigation when negotiations cannot resolve the dispute.
An insurer may offer to settle before the full medical outlook is clear. An early offer may not reflect the full value of a claim if future treatment, permanent restrictions, or lost earning capacity have not been evaluated. Before signing a release, consider whether it would prevent further recovery if your condition changes.
How Long Do You Have to File a Rhode Island Auto Accident Lawsuit?
Under R.I. Gen. Laws § 9-1-14, most lawsuits for bodily injuries must be filed within three years after the cause of action accrues.
Special rules can apply to claims involving minors, wrongful death, government defendants, or other circumstances. Claims involving defects in certain municipal roads or bridges may also require notice within 60 days under § 45-15-9.
A crash involving a government-maintained road does not automatically trigger that particular notice rule; the alleged cause of injury and the responsible entity matter.
Requesting a crash report or negotiating with an insurance company does not automatically extend the filing period.
Talk to a lawyer and get a free case evaluation today.
Speak With a Middletown Auto Accident Lawyer at Marasco & Nesselbush
Marasco & Nesselbush represents injured residents and visitors in Middletown, Newport, Portsmouth, and other Newport County communities.
Our office is located at 809 Aquidneck Avenue, Unit 201C, Middletown, RI 02842, and can be reached at (401) 236-7006.
Contact Marasco & Nesselbush for a free case evaluation with a Middletown auto accident lawyer.
We handle qualifying injury claims on a contingency fee basis, so there are no upfront attorney fees. The written agreement explains the fee percentage, any upfront costs related to case expenses, and who is responsible for those expenses if the claim is unsuccessful.
