Rhode Island Distracted Driving Accident Lawyer

What Is Distracted Driving?

Distracted driving refers to any activity that diverts attention from driving, compromising the driver’s ability to operate the vehicle safely. It is a dangerous behavior that significantly increases the risk of accidents. Common types of distractions include:

• Texting or Using a Phone: This is the most notorious form of distracted driving. It involves reading, typing, or sending text messages, which takes the driver’s eyes off the road, hands off the wheel, and mind off driving.
• Eating or Drinking: Consuming food or beverages while driving can distract the driver physically and mentally, leading to slower reaction times.
• Using GPS or Other In-Car Technologies: Adjusting the GPS, fiddling with the radio, or interacting with other in-car technologies can cause drivers to lose focus.
• Talking to Passengers: Engaging in conversations with passengers can divert attention from the road, especially in emotionally charged discussions.
• Grooming: Activities like applying makeup or combing hair can take a driver’s eyes and hands off the task of driving.

Rhode Island’s Distracted Driving Laws

In Rhode Island, laws are in place to curb distracted driving and enhance road safety. Key regulations include:

• Handheld Device Ban: Rhode Island prohibits the use of handheld electronic devices while driving. Drivers must use hands-free accessories if they need to make calls.
• Texting Ban: Texting while driving is illegal for all drivers, regardless of age or experience level.
• Junior Operator Restrictions: Drivers under the age of 18 are prohibited from using any electronic communication devices while driving, even with hands-free technology.
• Fines and Penalties: Violating Rhode Island’s distracted driving laws can result in fines and, in some cases, the suspension of a driver’s license.

These laws are enforced to reduce the number of accidents caused by distracted driving and to promote a culture of safe driving across the state.

Legal Aspects Of Distracted Driving Accidents

It is crucial to delve into the legal complexities that these cases entail. We are committed to providing our clients with an in-depth understanding of the legal landscape surrounding distracted driving accidents in Rhode Island.

How To Prove Distracted Driving Was The Cause Of Your Accident

Because distracted driving is so dangerous, you may be able to recover compensation for your injuries if you can prove that the driver who caused the collision was focused on something other than driving. The evidence needed to support a claim involving distracted driving may be found in sources such as:

• Police reports.
• Citations issued to truckers for handheld phone use in violation of federal or state law.
• Phone records showing a driver was texting or talking at the time of the accident.
• Witness statements indicating that the trucker was distracted.
• An admission from the truck driver that they weren’t focused on the road.
• Reports from an accident reconstruction expert indicating that distraction was the likely cause of the crash.

Legal Rights And Options Post-Accident

After a distracted driving accident, it’s crucial to understand your legal rights and the options available to you. At Marasco & Nesselbush Law Offices, we empower our clients with the knowledge and guidance necessary to navigate the aftermath of such a traumatic event. Understanding your rights is the first step towards ensuring that justice is served and you receive the compensation you deserve.

Understanding Your Legal Rights

Victims of distracted driving accidents have specific legal rights under Rhode Island law. These include, but are not limited to:

• The right to seek compensation for medical expenses incurred due to the accident.
• The right to claim damages for lost wages if the accident impacts your ability to work.
• The right to compensation for pain and suffering caused by the accident.
• The right to file a lawsuit against the distracted driver for negligence.

It’s important to note that Rhode Island operates under a ‘fault’ system for auto accidents. This means that the person who is at fault for the accident is responsible for compensating anyone harmed by the accident. Understanding this system is crucial in formulating your approach to seeking justice.

Options Available To You Post-Accident

After a distracted driving accident, you have several options:

• Insurance Claim: You can file a claim with the at-fault driver’s insurance company. It’s vital to understand that dealing with insurance companies can be challenging, and they may often try to minimize the compensation.
• Personal Injury Lawsuit: If a fair settlement cannot be reached through insurance claims, you have the option to file a personal injury lawsuit. This step involves taking legal action against the driver responsible for the accident.
• Out-of-court Settlement: In some cases, an out-of-court settlement can be reached. This typically involves negotiations between your attorney and the other party, aiming for a fair compensation amount without going to trial.

At Marasco & Nesselbush Law Offices, we provide expert guidance on each of these options. Our approach is tailored to each client’s unique situation, ensuring the best possible outcome.

Steps To Take After A Distracted Driving Accident

Being involved in a distracted driving accident can be overwhelming, but taking the right steps immediately afterward is crucial for ensuring your safety and protecting your legal rights. Here’s what you should do:

1. Ensure Safety First
   • Check for Injuries: Assess yourself and others involved for injuries. If anyone is injured, call 911 immediately to request medical assistance.
   • Move to a Safe Location: If the accident is minor and vehicles are drivable, move them to the side of the road to avoid further collisions. Turn on hazard lights to alert other drivers.
2. Call the Police
   • Report the Accident: Contact the police, even if the accident seems minor. A police report will be crucial for insurance claims and any potential legal actions.
   • Provide Accurate Information: When the police arrive, give a clear and honest account of what happened. Avoid admitting fault, as this determination should be left to the authorities and insurance companies.
3. Gather Evidence
   • Take Photos: Use your phone to take pictures of the accident scene, vehicle damage, skid marks, road conditions, and any visible injuries.
   • Collect Witness Information: If there are any witnesses, ask for their contact details and statements about what they saw.
4. Exchange Information
   • Driver Information: Exchange names, phone numbers, addresses, driver’s license numbers, and insurance details with the other driver(s) involved.
   • Vehicle Information: Note the make, model, year, and license plate number of the other vehicles involved in the accident.
5. Seek Medical Attention
   • Get Checked by a Doctor: Even if you feel fine, it’s important to see a doctor after the accident. Some injuries, like whiplash or internal damage, may not be immediately apparent.
   • Follow Medical Advice: Adhere to any treatment plans or follow-up appointments to ensure your health and well-being.
6. Notify Your Insurance Company
   • Report the Accident: Contact your insurance company as soon as possible to report the accident. Provide them with all the necessary details and documentation.
   • Be Cautious in Statements: Be truthful, but avoid making definitive statements about fault or the extent of your injuries until you’ve consulted with a professional.
7. Consult with a Personal Injury Lawyer
   • Legal Advice: If the accident was caused by a distracted driver, consider consulting with a personal injury lawyer. They can help you navigate the legal process, protect your rights, and pursue compensation for damages, including medical bills, lost wages, and pain and suffering.
8. Document Everything
   • Keep Records: Maintain detailed records of all communications, medical treatments, expenses, and any changes in your health or daily life resulting from the accident.
   • Journal Your Experience: Document your physical and emotional state post-accident. This can be valuable in building your case if you decide to seek compensation.

Taking these steps after a distracted driving accident can help you manage the situation effectively, ensure your safety, and protect your legal rights.

Call The Car Accident Attorneys At Marasco & Nesselbush For A Free Consultation!

An auto collision shakes a person’s life, forcing them to adjust to changes they hadn’t anticipated. A person injured in a car collision may lose months, if not years, of wages, in addition to paying steep medical bills for hospital stays or physical therapy. In addition to these challenges, the insurance companies can be uncooperative and intimidating. Their representatives are trained to limit their losses by paying out as little as possible in settlements.

The Rhode Island car accident lawyers at Marasco & Nesselbush have decades of legal experience in personal injury law and helping people who have been injured litigate auto insurance claims. We cannot undo the injuries that you have suffered, but we can make sure that whoever caused the accident is held accountable.

Our Rhode Island car accident lawyers are familiar with the many tactics insurance companies employ to deny you the fair compensation you deserve. We are committed to achieving extraordinary results for each of our clients.

Contact us today to schedule a free consultation, or call 401-289-1405 and learn how we can protect your rights. We have offices conveniently located in Warwick, Wakefield, Woonsocket, Providence, East Providence, and Quincy, MA, and we are here to help you.

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