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Contact Marasco & Nesselbush if You’ve Been Injured in a Pedestrian Accident
Providence pedestrian accident lawyers represent people injured when a negligent driver strikes them while walking, crossing a street, or using a sidewalk.
A Rhode Island pedestrian accident may leave an accident victim facing medical costs, lost income, pain and suffering, and other losses that can support a claim against a responsible party.
A pedestrian can pursue a claim even when partly at fault, although Rhode Island’s comparative negligence law can reduce the recovery.
Marasco & Nesselbush investigates pedestrian crashes, insurance disputes, and fatal collisions for injured Rhode Islanders and their families.
Injured in a Pedestrian Accident in Providence? Our Attorneys Can Help
Pedestrian accident injuries can require emergency surgery, lengthy rehabilitation, and time away from work.
Unlike someone involved in a typical car accident, a person walking has little physical protection from a moving vehicle and may suffer more severe injuries.
Insurance companies often attempt to minimize compensation payouts to pedestrian victims by disputing how the accident occurred, questioning treatment, or assigning partial fault.
A pedestrian accident victim may face an insurer’s allegation that they crossed against a signal or appeared suddenly, even when witnesses or surveillance footage suggest otherwise.
Our Providence pedestrian accident lawyers investigate these disputes, review available insurance coverage, and pursue fair compensation through a pedestrian injury claim supported by the evidence.
At Marasco & Nesselbush, we have represented injured Rhode Islanders since 1999 and recovered more than $500 million for clients across our practice areas.
Our personal injury attorneys bring more than 350 years of combined legal experience, and our Providence office is located at 685 Westminster Street.
We offer free consultations, English- and Spanish-language assistance, and contingency fee representation for qualifying claims, with no attorney fee unless we recover compensation, subject to the written agreement.
Why Choose Marasco & Nesselbush for a Providence Pedestrian Accident Claim?
Choosing a lawyer with specific pedestrian accident experience is important when witnesses disagree, footage must be preserved, or an insurer contests coverage.
Our law firm has handled cases in which an initial account of a collision or an insurer’s position was challenged through investigation and litigation.
Our published pedestrian accident results include:
- $2.5 million fatal pedestrian settlement: A woman was killed while crossing a road near her home. Initial police findings suggested the driver was not at fault. Attorney Timothy P. Lynch and our team obtained surveillance footage, interviewed witnesses, and worked with biomechanics and economic experts. The case settled for nearly five times the insurer’s initial offer.
- $1.025 million pedestrian brain injury recovery: A woman struck while walking alongside a roadway suffered a traumatic brain injury requiring a craniotomy. The insurance company disputed coverage under a larger policy and offered $25,000. Our attorneys secured a favorable Rhode Island Superior Court ruling on ambiguous policy language before the claim resolved.
We also work with medical, accident reconstruction, and financial experts when necessary to document how a crash happened and assess future medical needs.
Past results do not guarantee a similar outcome. Each case depends on its injuries, evidence, applicable law, and available insurance coverage.
How Our Providence Pedestrian Accident Lawyers Can Help
An insurer may contest an injury claim even when drivers admit fault at the scene or receive traffic citations.
Our personal injury lawyers assist injured pedestrians throughout the legal process by:
- Investigating and preserving evidence: Obtaining police reports, witness statements, surveillance footage, vehicle data, and photographs before records disappear.
- Working to determine fault: Reviewing signals, crossing locations, driver conduct, and comparative fault arguments under Rhode Island traffic laws.
- Identifying responsible parties and insurance: Examining the driver, vehicle owner, employer, and any applicable uninsured or underinsured motorist policy.
- Documenting damages: Gathering medical records, wage information, expert evaluations, and evidence of lasting disability.
- Negotiating and preparing for trial: Challenging unsupported settlement positions and, when necessary, filing a personal injury lawsuit. A fair outcome may require presenting the evidence at trial rather than accepting an inadequate offer.
Injured and not sure what your case is worth? Find out for free.
Common Causes of Pedestrian Accidents in Providence
According to the Rhode Island Department of Transportation, approximately one-third of statewide pedestrian deaths from 2021 through 2025 occurred in Providence.
Pedestrian collisions occur at intersections, parking lots, driveways, and busy streets where motorists and people on foot share space.
Common causes of pedestrian crashes include:
- Failure to yield: Drivers failing to yield cause many pedestrian injuries, particularly at crosswalks and during turns.
- Distracted driving: Careless drivers looking at phones or navigation screens may fail to notice someone entering a crossing.
- Unsafe speed: Driving too fast for traffic, lighting, or roadway conditions reduces stopping time and increases impact severity.
- Impaired driving: Drunk driving and drug impairment can affect attention, reaction time, and vehicle control.
- Improper turns and backing: A motorist may watch approaching cars but overlook a pedestrian crossing a side street or sidewalk.
- Poor visibility: Darkness, glare, parked cars, and obstructed sightlines can contribute to collisions, although visibility problems do not automatically excuse negligent motorists.
Types of Pedestrian Accident Cases We Handle
The circumstances of a collision determine which traffic rules apply and which evidence may establish negligence.
Our attorneys handle claims involving:
- Pedestrians struck in marked or unmarked intersection crosswalks.
- Motorists turning across a pedestrian’s path or failing to yield at a signal.
- Hit-and-run drivers who cannot immediately be identified.
- Vehicles crossing sidewalks, entering driveways, or backing through parking lots.
- Pedestrians struck near bus stops and passenger pickup areas.
- Delivery drivers and other commercial vehicles operating during work assignments.
A pedestrian injured in a truck accident may also have claims involving an employer, commercial insurance, and evidence specific to the vehicle’s operation. Our Providence truck accident lawyers can examine those issues.
Common Pedestrian Accident Injuries
A collision between a motor vehicle and a person on foot can be extremely dangerous because the pedestrian lacks the physical protection of a passenger compartment, seat belt, or airbag.
The initial impact and subsequent contact with the pavement can cause severe injuries. Common injuries include:
- Traumatic brain injuries: Concussions, skull fractures, and brain damage affecting cognition, movement, or independence.
- Broken bones: Leg, hip, arm, and pelvic fractures requiring surgery, immobilization, or rehabilitation.
- Spinal cord injuries: Damage to the spinal cord can cause loss of sensation, weakness, or paralysis.
- Internal injuries: Bleeding and organ damage that may require immediate medical attention.
- Soft tissue damage: Torn ligaments, muscular injuries, and prolonged restrictions on movement.
- Lacerations and scarring: Deep wounds, disfigurement, and possible reconstructive treatment.
A catastrophic injury may require lifelong treatment or support. Our Providence brain injury lawyers evaluate neurological evidence, long-term needs, and limitations affecting work and daily life.
Rhode Island Laws That Affect Pedestrian Accident Claims
Crosswalks and Pedestrian Signals
Under R.I. Gen. Laws § 31-18-3, drivers approaching a crosswalk without an operating traffic signal must yield to a pedestrian on their half of the road or approaching closely enough from the opposite half to be in danger.
Pedestrians cannot suddenly step into a vehicle’s path when it is too close for the driver to yield.
Section 31-18-4 prohibits passing a vehicle stopped at a crosswalk for a pedestrian and recognizes a presumption of unmarked crosswalks at intersections unless marked otherwise.
Under § 31-13-8, pedestrians facing WALK may cross and must be given the right-of-way; someone who lawfully began crossing may finish after the signal changes.
Crossing Outside a Crosswalk and Driver Responsibility
Under § 31-18-5, pedestrians crossing outside a marked crosswalk or legally recognized unmarked intersection crosswalk generally must yield to roadway traffic.
Drivers nevertheless have a separate duty under § 31-18-8 to exercise due care to avoid striking pedestrians.
Drivers crossing a sidewalk must yield to people traveling along it under § 31-18-18.
A pedestrian’s traffic violation can be relevant to liability, but it does not automatically eliminate a claim against a negligent motorist.
Pure Comparative Negligence
Rhode Island applies pure comparative negligence under § 9-20-4.
An injured pedestrian found 25% responsible for a collision would generally have a $100,000 damage award reduced to $75,000.
Fault may depend on where the pedestrian crossed, what the signals displayed, and whether the driver had time to respond.
Who Can Be Held Responsible for a Pedestrian Accident?
Driver negligence is often central to a pedestrian claim, but other parties may share responsibility when their actions contributed to the collision.
Depending on the evidence, potentially liable parties include:
- Drivers: For distracted driving, speeding, failure to yield, impairment, or other negligent conduct.
- Employers: When an employee causes a crash while acting within the scope of employment.
- Vehicle owners: In circumstances where Rhode Island’s permissive-use liability statute applies.
- Businesses or contractors: For negligent vehicle movements or unsafe traffic control under their responsibility.
- Government entities: In some cases involving dangerous roadway conditions or malfunctioning traffic controls, subject to special liability and notice rules.
A driver’s fault, a vehicle’s ownership, and the availability of insurance are separate questions requiring investigation.
Compensation Available After a Pedestrian Accident
People injured by negligent motorists may pursue economic damages for financial losses and noneconomic damages for pain, suffering, and other legally recognized harm.
Potential damages in personal injury cases include:
- Medical expenses: Emergency medical care, surgery, rehabilitation, medication, and follow-up treatment.
- Future care: Supported costs of additional procedures, physical therapy, assistance, or medical equipment.
- Lost wages and earning capacity: Income already missed and future income affected by a lasting injury.
- Pain and suffering: Physical discomfort, impaired movement, and disruption of daily activities.
- Emotional distress and disfigurement: Qualifying psychological injuries, scarring, and lasting changes to appearance or function.
If a pedestrian dies from the collision, a wrongful death action may be brought by the personal representative under Rhode Island’s wrongful death law.
Our Providence wrongful death attorneys can evaluate the appropriate claim, beneficiaries, and applicable damages.
Talk to a lawyer and get a free case evaluation today.
Insurance Coverage for Injured Pedestrians
An injured pedestrian may seek recovery through the at-fault driver’s insurance when that driver is legally responsible.
Rhode Island’s minimum bodily injury liability limits are $25,000 per person and $50,000 per accident for bodily injury or death, which may be insufficient for serious harm.
Other coverage may also be relevant:
- Uninsured motorist coverage: May apply when an uninsured driver or qualifying hit-and-run motorist caused the injury.
- Underinsured motorist insurance: May provide additional payment when the responsible driver’s coverage is insufficient, subject to policy terms and Rhode Island law.
- Medical payments coverage: Under § 27-7-2.5, Rhode Island auto policies generally include at least $2,500 per person unless the named insured rejects coverage in writing. Eligibility depends on the policy.
- Health insurance: Private insurance, Medicare, or Medicaid may pay eligible treatment costs while a claim is pending, although reimbursement rights or liens can affect settlement proceeds.
Hit-and-run accidents can involve complex uninsured motorist claims, including questions about coverage through an eligible household member’s policy, identification of the vehicle, and reporting requirements. Our attorneys examine those issues rather than assuming the driver’s liability coverage is the only possible source of recovery.
What to Do After a Pedestrian Accident in Providence
When a vehicle strikes someone on foot, medical treatment takes priority over collecting evidence.
If you are physically able, take these steps after a collision:
- Seek medical attention immediately: Call 911 for serious symptoms and obtain evaluation even if injuries initially appear minor. Head trauma and internal injuries may not be obvious at the scene.
- Report the crash: Contact police, describe where the accident occurred, and request the report number without guessing about details you did not observe.
- Identify people and vehicles: Record the driver’s plate number, contact and insurance information, and any witness details.
- Photograph the scene: Document crosswalk markings, traffic signals, lighting, vehicle damage, and obstructions if safe.
- Preserve records: Keep medical documents, damaged clothing, and photographs; ask that available surveillance footage be retained.
- Review insurance offers carefully: Avoid signing a release before the extent of the injuries, treatment costs, and other coverage are reasonably understood.
- Consult an attorney: Legal review can identify missing evidence and deadlines that may affect the claim.
Evidence Used to Determine Fault
Pedestrian claims can depend on records that are unavailable weeks after the impact.
Relevant evidence may include:
- Police reports and statements from responding officers or independent witnesses.
- Traffic, business surveillance, and dashcam video showing the pedestrian’s location and the driver’s movements.
- Crosswalk markings, traffic signal records, photographs, vehicle damage, and roadway measurements.
- Medical records, rehabilitation notes, employment documents, and expert opinions about causation and future losses.
In our $2.5 million fatal pedestrian case, witness interviews, video, and biomechanical analysis helped challenge the initial finding that the motorist was not responsible.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Rhode Island?
Most Rhode Island personal injury claims are subject to a three-year filing period under § 9-1-14(b), ordinarily measured from the date of the collision.
Wrongful death actions and claims involving minors have separate statutory rules that can affect the deadline.
For certain injuries involving a highway or bridge that a municipality is legally obliged to maintain, § 45-15-9 requires notice to the municipality within 60 days.
That notice requirement does not apply to every claim involving a government entity, but missing an applicable deadline can jeopardize recovery.
Contact Our Providence Pedestrian Accident Attorneys
Marasco & Nesselbush represents Rhode Islanders injured by careless drivers, including families dealing with devastating pedestrian deaths.
Our team investigates liability, evaluates injuries and available coverage, and handles negotiations or litigation to pursue compensation supported by the facts.
From our office at 685 Westminster Street, Providence, we provide free consultations and assistance in English and Spanish.
Contact Marasco & Nesselbush or call (401) 593-6306 to discuss your legal options.
We handle qualifying pedestrian injury cases on a contingency fee basis, with no attorney fees unless compensation is recovered. Costs and other terms are addressed in the written fee agreement.
Injured and not sure what your case is worth? Find out for free.
