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Injured in a Car Accident in Middletown? Speak With Marasco & Nesselbush
A car accident can leave you with medical bills, vehicle damage, and lost income while you recover from your injuries.
An insurance company may contact you before you know how long treatment will take. Disputed fault or insufficient insurance coverage can make recovering compensation more difficult.
At Marasco & Nesselbush, our Middletown car accident lawyers represent injured drivers and passengers throughout Aquidneck Island and Newport County. We investigate how collisions happen, identify responsible parties, and pursue compensation for medical expenses, lost income, pain, and other recoverable losses.
We negotiate with insurers and prepare cases for litigation when the evidence and circumstances warrant it.
Contact Marasco & Nesselbush for a free consultation with a Middletown car accident lawyer.
We handle qualifying injury claims on a contingency fee basis. Attorney fees depend on a recovery, and the written agreement explains the fee percentage and how case expenses are handled.
Why Choose Marasco & Nesselbush for Your Middletown Car Accident Case?
Marasco & Nesselbush has represented injured Rhode Islanders since Joseph Marasco and Donna Nesselbush founded the firm in 1999.
Our attorneys have more than 350 years of combined experience across the firm’s practice areas and have recovered more than $500 million for clients.
Car Accident Case Results
- $6.2 million rollover crash settlement. Joseph P. Marasco and Timothy P. Lynch worked with New York co-counsel for a passenger who sustained a spinal cord injury in a distracted-driving rollover crash. The defense argued that the passenger’s alleged failure to wear a seat belt contributed to the severity of his injuries. Biomechanical and medical experts examined that argument, and the case settled for more than the available insurance limits, with part of the payment coming from the defendant’s corporate assets.
- $4.5 million traumatic brain injury settlement. Joseph Marasco, Mark H. Grimm, and Thomas L. Moran prepared a car accident case for trial after the defendants denied liability. They took depositions of witnesses and medical providers and prepared expert testimony before the case settled shortly before trial.
- $1.425 million fatal car accident recovery. We represented a Rhode Island family after a teenage passenger died in a high-speed collision. The insurer argued that the passenger shared responsibility for his death. After filing suit and proceeding to arbitration, we resolved the claim using the available liability and underinsured motorist coverage.
Past results do not guarantee a similar outcome.
Rhode Island Experience and a Middletown Office
Our experienced legal team reviews crash evidence, addresses insurance disputes, and keeps clients informed throughout negotiations and court proceedings. We explain the strengths and weaknesses of each claim without promising a particular outcome.
Our knowledge of Rhode Island traffic laws, insurance requirements, and court procedures informs how we investigate local crashes and manage filing deadlines. Clients can meet with us at our Middletown law office, 809 Aquidneck Avenue, Unit 201C, Middletown, RI 02842. Assistance is available in English and Spanish.
How Our Middletown Car Accident Lawyers Handle a Claim
When we accept a car accident case, we investigate the collision, document the injuries and financial losses, and identify the insurance coverage that may apply.
We investigate who caused the crash. A strong case may depend on evidence missing from the initial police report. We interview witnesses, review photographs and video, and examine vehicle damage. Accident reconstruction or electronic vehicle data may help resolve disputed accounts.
We identify the available insurance coverage. A claim may involve another driver’s liability policy, uninsured or underinsured motorist protection, or coverage carried by a business responsible for a driver’s actions. We examine the applicable policies and parties involved to identify potential sources of financial recovery.
We document the injuries and their effect on your life. Medical records, treatment plans, employment documents, and appropriate expert opinions can establish what care you needed, how much income you lost, and whether your ability to work has changed.
We negotiate and prepare for court when necessary. We calculate damages supported by the evidence, prepare settlement demands, negotiate with insurers, and file legal documents when a lawsuit is appropriate. We explain the available legal options and risks at each stage.
Injured and not sure what your case is worth? Find out for free.
Common Causes of Car Accidents in Middletown
Drivers encounter busy intersections, shopping areas, and traffic connecting Middletown with Newport and Portsmouth. Collisions may occur on West Main Road (Route 114), East Main Road (Route 138), Aquidneck Avenue (Route 138A), Valley Road, Coddington Highway, or neighborhood streets.
The cause of a crash determines which evidence may help establish fault. Common causes include:
- Distracted driving. A driver looking at a phone or navigation screen may miss stopped traffic, a changing signal, or another vehicle entering the intersection.
- Failure to yield and unsafe turns. Left-turn and intersection crashes can involve competing accounts of which driver had the right of way. Road markings, traffic signals, and witness statements may become important.
- Following too closely. Rear-end accidents may occur when a driver fails to maintain a safe distance or react to traffic ahead. The vehicles’ movements and other evidence determine who was responsible.
- Speeding and reckless driving. Reckless drivers may speed through intersections, make unsafe passes, or engage in road rage. These actions can contribute to head-on, side-impact, rollover, and multi-vehicle crashes.
- Impaired driving. Alcohol or drug impairment may affect judgment, reaction time, and vehicle control. A civil personal injury claim does not require a criminal conviction.
A car wreck may also involve more than one negligent driver. In a chain-reaction collision, the sequence of impacts and each driver’s conduct can affect how fault is assigned.
A collision involving a commercial truck or delivery vehicle may raise additional questions about the driver’s employer, maintenance records, or company conduct. Our Rhode Island truck accident lawyers investigate those issues when they apply.
What to Do After a Car Accident in Middletown
Get medical attention first, especially after a head injury or if you experience dizziness, difficulty breathing, significant pain, weakness, or worsening symptoms. Some injuries are not apparent immediately after a collision.
If you can do so safely:
- Report the crash. Call 911 when someone is injured or emergency assistance is needed. Follow Rhode Island requirements for stopping, remaining at the scene, and reporting the collision.
- Exchange information. Record the drivers’ names, license plate numbers, contact details, and insurance information.
- Photograph the scene. Document vehicle positions, visible damage, traffic signs, weather conditions, and any injuries before the scene changes, if possible.
- Save witness contact information. Ask people who saw the crash for their names and contact details. Nearby businesses may also have footage that will not be retained indefinitely.
- Keep medical and financial documents. Save treatment records, receipts, repair estimates, and employment records showing when you had to miss work.
- Be accurate when speaking with insurers. Report information required by your policy, but do not guess about fault, injuries, or how long treatment will take.
- Ask about legal deadlines promptly. An attorney can review your claim while evidence and witnesses are still available and identify deadlines that could affect your right to sue.
Do You Have to File a Written Accident Report With the Rhode Island DMV?
Rhode Island requires a written report to the Division of Motor Vehicles within 21 days after certain crashes involving injury, death, or property damage. R.I. Gen. Laws § 31-26-6 refers to property damage exceeding $1,000 to any one person, while § 31-33-1 refers to damage exceeding $500.
Because the statutes contain different thresholds, confirm the reporting requirement with the DMV promptly. Do not assume that a police report satisfies every separate filing obligation.
Injuries and Losses After a Serious Car Accident
Vehicle damage alone does not establish the severity of an occupant’s injuries. Symptoms may develop after the scene has been cleared, and some conditions require continuing treatment or rehabilitation.
Car accidents can cause whiplash, sprains, strains, herniated discs, fractures, and injuries to the shoulders, hips, knees, or wrists. A rear-end impact may cause neck pain and headaches, while a disc injury may produce back pain, numbness, or weakness.
More forceful crashes can result in concussions, traumatic brain injuries, spinal cord damage, and internal bleeding. Blunt-force trauma may damage internal organs even when there is little visible injury. Serious injuries may affect concentration, mobility, the ability to work, or the need for assistance at home.
Some injured people recover after a limited course of treatment. Others face surgery, chronic pain, permanent disability, or reduced earning capacity. The medical evidence and the individual’s long-term prognosis matter when assessing damages.
Who Can Be Held Responsible for a Middletown Car Crash?
Most car accident cases involve a claim that another driver failed to exercise reasonable care. Negligent actions can include speeding, distraction, ignoring traffic signals, driving while impaired, or making an unsafe turn.
To recover damages in a typical negligence-based personal injury case, the evidence must establish a duty of care, a breach of that duty, causation, and legally recognized losses.
A driver is not always the only potentially responsible party. An employer may face liability for an employee’s negligent driving under applicable legal principles. More than one driver may share responsibility for a multi-vehicle collision. A vehicle defect may also warrant a separate investigation when evidence indicates that a product problem contributed to the crash.
In a private parking lot, a dangerous condition may also raise questions about a property owner’s responsibility. A premises liability claim requires evidence that the unsafe condition and a failure to exercise reasonable care contributed to the collision. Driver error alone does not establish liability against the property owner.
Police reports, witness statements, photographs, crash reconstruction, and other evidence can help resolve conflicting accounts. A traffic citation is relevant evidence but does not automatically settle liability in a civil case.
What if You Were Partly at Fault?
Rhode Island follows pure comparative negligence under R.I. Gen. Laws Section 9-20-4.
An injured person can generally pursue compensation even when partially responsible, although damages are reduced according to that person’s percentage of fault. A $100,000 award, for example, would be reduced to $75,000 if the injured person were found 25% responsible.
An insurer may argue that you were speeding, distracted, or otherwise contributed to the collision. Our attorneys examine whether the available evidence supports those allegations before assessing the effect on the claim.
Rhode Island Car Insurance and Settlement Disputes
Rhode Island generally uses an at-fault system for car accident liability. Compensation may come from a negligent driver’s policy, your own coverage, or another policy that applies to the crash.
Minimum Auto Insurance Requirements
Under Rhode Island’s automobile insurance regulations, minimum liability coverage generally includes:
- $25,000 for bodily injury or death to one person.
- $50,000 for bodily injury or death to two or more people in one accident.
- $25,000 for property damage.
A $75,000 combined single limit is an alternative under the regulation. These amounts describe minimum insurance coverage, not the maximum damages a person can legally recover.
What if the At-Fault Driver Has Little or No Insurance?
Uninsured motorist (UM) coverage may apply when the responsible driver has no applicable liability insurance or cannot be identified after a qualifying hit-and-run. Underinsured motorist (UIM) coverage may apply when the responsible driver’s insurance is insufficient under the applicable policy and legal requirements.
R.I. Gen. Laws Section 27-7-2.1 and state insurance regulations govern how UM/UIM coverage is offered, selected, reduced, or rejected. Review the actual auto insurance policy before assuming benefits are available.
Medical payments coverage may help pay eligible treatment costs regardless of fault when included in the policy. Rhode Island law addresses the offer and written rejection of that coverage.
Should You Accept the Insurance Company’s First Offer?
Not necessarily. An insurer may make an early settlement offer before the full extent of medical treatment, lost wages, or future restrictions is known.
A settlement release can prevent a person from seeking additional compensation for the same injuries, even if further treatment becomes necessary. We review what an offer covers and compare it with the losses the evidence supports before advising a client about the options.
How Much Compensation Can You Recover After a Car Accident?
A car accident claim may include economic and non-economic damages. The amount depends on the injuries, fault, available evidence, future care needs, and other factors specific to the accident.
Economic damages may include medical bills, hospitalization, surgery, physical therapy, future healthcare expenses, lost income during recovery, reduced earning capacity, property damage, towing, and other recoverable out-of-pocket costs.
Non-economic damages may include physical pain, emotional distress, scarring, disfigurement, permanent impairment, and the effect of injuries on daily life.
An injured person who cannot return to the same job may have losses extending well beyond initial medical expenses. For example, a traumatic brain injury can require ongoing cognitive therapy and affect work performance even after other physical injuries have healed.
When a collision causes death, an authorized representative may have grounds to bring a Rhode Island wrongful death claim under the applicable statute.
The full value of a claim cannot be determined from the type of collision or diagnosis alone. The evidence of medical expenses, lost income, liability, and insurance coverage informs what constitutes fair compensation.
Talk to a lawyer and get a free case evaluation today.
How Long Do You Have to File a Car Accident Lawsuit in Rhode Island?
Under R.I. Gen. Laws Section 9-1-14, most Rhode Island personal injury lawsuits must be filed within three years after the cause of action accrues.
Different rules can apply to minors, wrongful death claims, and certain cases involving government defendants. An injury caused by a defective municipal road or bridge may also require notice within 60 days under Section 45-15-9. The municipal notice rule does not automatically apply merely because the collision occurred on a public road.
Filing an insurance claim or negotiating with an adjuster does not automatically extend Rhode Island’s deadline for bringing a lawsuit.
Speak With a Middletown Car Accident Lawyer at Marasco & Nesselbush
If you were injured in a crash on Aquidneck Island, our attorneys can evaluate the circumstances, explain your legal options, and discuss the evidence needed to pursue a claim.
We represent car accident victims in Middletown, Newport, Portsmouth, and surrounding Newport County communities. Our law office is at 809 Aquidneck Avenue, Unit 201C, Middletown, RI 02842. Call (401) 236-7006 to discuss an appointment.
Contact Marasco & Nesselbush for a free case evaluation.
Qualifying car accident claims are handled on a contingency fee basis. Attorney fees depend on recovery, and the written representation agreement explains litigation expenses and responsibility for those expenses if the case is unsuccessful.
