Rhode Island Pedestrian Accident Lawyer
Pedestrians in Rhode Island are susceptible to severe, life-changing injuries if they’re involved in a motor vehicle accident, such as a car accident. An experienced Rhode Island pedestrian accident lawyer can help victims pursue much-needed compensation to offset resulting injuries, costs, and trauma.
- Updated date:
- September 27, 2024
Were you recently struck by a car while walking in Providence, Wakefield, Warwick, or another city or town in Rhode Island? You may have the right to recover compensation for your medical bills, lost wages, and suffering. The experienced Rhode Island pedestrian accident lawyers at Marasco & Nesselbush can help you win your case and maximize your financial award.
Since 1999, Marasco & Nesselbush has been a leader in personal injury litigation in Rhode Island, helping injured pedestrians and grieving families secure financial justice after tragedy strikes. Putting decades of experience behind every case, we’ve led our clients to over $100 million in benefits, settlements, and jury awards.
Don’t settle for less than you deserve. Call us to discover why we’re the law firm you’ll want at the helm of your pedestrian accident case. We offer a free consultation, so contact us to get started today.
How Common Are Pedestrian Accidents In Rhode Island?​​
Hundreds of pedestrians are involved in motor vehicle accidents in Rhode Island every year. According to the Rhode Island Department of Transportation, 147 pedestrians were killed in traffic accidents between 2007 and 2018.Â
The number of pedestrians killed in traffic accidents varies each year, with some years reporting as few as five fatal crashes while others see more than 20 pedestrians die in accidents statewide.
In 2020, Rhode Island’s fatal pedestrian accidents increased by a shocking 121 percent over the year prior. Pedestrians in the Plantation State seem to have fared better in 2021. Fatalities dropped by 30 percent in the first half of the year.
These are only statistics concerning deadly pedestrian accidents in Rhode Island. Hundreds of others survive their accident but still struggle with severe, debilitating, and painful injuries.
Common Types Of Pedestrian Accidents In Rhode Island​​
At Marasco & Nesselbush, we represent clients who have sustained injuries or lost family members in:
- Pedestrian and car accidents
- Pedestrian and truck accidents
- Pedestrian and motorcycle accidents
- Pedestrian and bicycle accidents
- Broken sidewalk accidents
- Parking lot accidents
- Trapped crosswalk accidents
- Pedestrian accidents involving playing children
- Intersection pedestrian accidents
- Multiple threat pedestrian accidents
Don’t hesitate to reach out to our top-rated Rhode Island trial attorneys if you or a loved one are involved in a pedestrian accident. We’ll be there to help you through the process of seeking damages for your injuries and suffering.
What Causes Most Rhode Island Pedestrian Accidents?​
Pedestrian accidents are largely a consequence of human error and negligence, including:Â
- Speeding
- Driving too fast for road or weather conditionsÂ
- Distracted drivingÂ
- Distracted walkingÂ
- Drunk drivingÂ
- Driving through yellow and red lights at intersectionsÂ
- Rolling through stop signsÂ
- Failing to look for pedestrians in intersections or marked crosswalksÂ
- Failing to yield the right of way to pedestriansÂ
- Vehicle malfunctions due to negligent maintenance and repairÂ
- Fatigued drivingÂ
- Road defectsÂ
- Inadequate sidewalks and pedestrian infrastructureÂ
- Obscured traffic signs or signalsÂ
- Failure to clear snow off sidewalks, forcing pedestrians to walk in the roadway
Other factors can also contribute to pedestrian accidents in Rhode Island. These are sometimes beyond the control of pedestrians and motorists and might include road construction, inclement weather, and vehicle defects.
It’s important to note that more than one thing can contribute to a pedestrian accident. Our Rhode Island personal injury attorneys will work hard to identify every possible cause. With this knowledge, we’ll be able to pursue damages from anyone who might be liable for the crash.
DO I HAVE A CASE?
If you think you may have a case, contact us now for a FREE consultation
Rhode Island Pedestrians Are Vulnerable To Catastrophic Injuries When Struck By A Car​
Common pedestrian accident injuries include:
- Broken bones and fractures
- Concussion
- Traumatic brain injury
- Spinal cord injury
- Paralysis
- Neck injury
- Back injury
- Crushing injury
- Nerve damage
- Internal organ damage
- Complete or partial amputation
- Other catastrophic injury
- Wrongful death
Always seek medical treatment immediately after being struck by a car or suffering injuries as a pedestrian in Rhode Island. Some injuries, including brain trauma, might not be evident right away. Prompt care can help ensure that all of your injuries are properly diagnosed and that you are prescribed an appropriate treatment plan to optimize recovery.
Pedestrian Accidents and Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are incredibly common among pedestrians, especially in young children. One study found that traumatic brain injuries account for about 6.3 percent of all pedestrian injuries in children. About two-thirds of these TBIs are classified as moderate, while roughly one out of every four is severe.
TBIs are a factor in 55 percent of all fatal pedestrian accident cases involving children.
It’s easy to understand why pedestrians are so susceptible to brain injuries. They’re not protected by a large steel frame. Unlike bicycles or motorcyclists, they don’t have a helmet or safety gear to protect them in a car wreck.
When they’re struck by a vehicle, there’s nothing between them and the asphalt or hard concrete below. When the head hits the ground, the pedestrian can sustain a closed head injury that causes the brain to move, twist, or turn in the skull. This can result in brain bleeds, contusions, bruising, loss of consciousness, and other types of TBIs.
What Rhode Island Traffic Laws Apply To Pedestrians?​​
Generally speaking, vehicles must yield to pedestrians who are in crosswalks on the same side of the road.
If a pedestrian is just about to enter a crosswalk and a vehicle is passing on the other side of the road, the vehicle can continue to move through unless the pedestrian is approaching and would be endangered.
Vehicles also do not have to stop if the motorist wouldn’t have enough time to stop before getting to the crosswalk, and it would ultimately be safer for them to continue driving.
Things change when a pedestrian isn’t using a marked crosswalk. When attempting to cross the road elsewhere, pedestrians must yield the right of way to oncoming traffic.
At Marasco & Nesselbush, our attorneys will carefully evaluate the details of your case with respected experts and specialists. They can help us prove liability and more fully understand how your injuries affect your day-to-day life (and how they’re likely to affect your life for years to come). With their assistance, we’ll be able to prepare strong arguments for negotiations and, if necessary, trial.
What Should I Do If I Am Hit By A Car In Rhode Island?​​
The steps taken immediately after a pedestrian accident are critical. They can have a huge impact on your health and future and also your financial security.
Even small mistakes or missteps could be costly.
If you are hit by a car in Rhode Island, you should:
- Take down the license plate and make of the vehicle that hit you in case they flee the scene
- Report the accident to your local police department or call 911
- Get the names and contact information of eyewitnesses
- Resist the urge to apologize or admit fault, as these actions could hurt your chances of a full financial recovery
- Seek medical treatment at the closest hospital in Rhode Island
- Notify your insurance company if you intend to seek benefits through your uninsured motorist coverage
- Direct all communication from insurance adjusters and other parties to your personal injury attorney
You will have just three years to file a pedestrian accident claim, so reach out to Marasco & Nesselbush immediately after you get hurt. We are ready to provide the assistance you need.
Understanding Your Rights As A Pedestrian In Rhode Island
As a pedestrian in Rhode Island, you have certain rights and responsibilities outlined by state laws to ensure your safety while walking. Understanding these rights is crucial, especially in the unfortunate event of an accident, as they can play a significant role in determining fault and obtaining compensation.
- Right of Way: Pedestrians generally have the right of way in crosswalks and at intersections, whether they are marked or unmarked. This means that vehicles must yield to pedestrians when they are crossing the street legally.
- Sidewalk Usage: Pedestrians have the right to use sidewalks when available. If there is no sidewalk, pedestrians should walk on the left side of the road facing oncoming traffic.
- Traffic Signals and Signs: Pedestrians must obey traffic signals and signs just like motorists. This includes waiting for the “walk” signal at intersections with pedestrian signals and crossing only when it’s safe to do so.
- Responsibility of Drivers: Drivers have a legal obligation to exercise caution and yield to pedestrians, especially in marked crosswalks. If a driver fails to yield and causes an accident involving a pedestrian, they may be held liable for the pedestrian’s injuries and damages.
- Contributory Negligence: Rhode Island follows a contributory negligence rule, which means that if a pedestrian is found partially at fault for an accident, their compensation may be reduced or denied. However, even if a pedestrian shares some responsibility, they may still be entitled to compensation based on the degree of fault assigned to each party.
Steps To Take Immediately After A Pedestrian Accident
In the event of an accident involving a pedestrian, understanding these rights can be crucial for obtaining compensation. If you’re in an accident as a pedestrian, here are some steps to take:
- Seek Medical Attention: Your health and safety should be the top priority. Seek medical attention for any injuries, no matter how minor they may seem.
- Document the Scene: If you’re able, gather evidence at the scene, including photos of the accident site, contact information of witnesses, and any relevant details such as the driver’s license plate number and insurance information.
- File a Police Report: Report the accident to the police, who will document the incident and create an official report. This report can be valuable evidence when seeking compensation.
- Contact an Attorney: Consider consulting with a personal injury attorney who has experience handling pedestrian accident cases. They can help you understand your rights, navigate the legal process, and advocate for your best interests when dealing with insurance companies and pursuing compensation.
What Damages Can I Recover From A Pedestrian Accident?​
Whether you’ve been hit by a car, tripped on a damaged sidewalk, or were hurt through some other act of negligence, you may have the right to receive compensatory damages.Â
Compensatory damages fall into two categories: economic and non-economic.Â
Economic damages are awarded to reimburse for the financial costs, expenses, and losses related to your pedestrian accident or that of a loved one, including:Â
- Hospitalization and other current medical billsÂ
- Ongoing medical treatment and future medical costsÂ
- Physical therapyÂ
- Medical devices and equipmentÂ
- Property damageÂ
- Nursing assistanceÂ
- Funeral and burial expenses if a pedestrian accident in Rhode Island is fatal
Non-economic damages are awarded to pedestrians for the hard-to-value suffering and life changes that can follow an accident, including:Â
- Pain and sufferingÂ
- Chronic physical painÂ
- Emotional distressÂ
- DisfigurementÂ
- ScarringÂ
- Loss of consortiumÂ
- Loss of enjoyment of life
At Marasco & Nesselbush, our attorneys will carefully evaluate the details of your case with respected experts and specialists. They can help us prove liability and more fully understand how your injuries affect your day-to-day life (and how they’re likely to affect your life for years to come). With their assistance, we’ll be able to prepare strong arguments for negotiations and, if necessary, trial.
What Evidence Might Help My Pedestrian Accident Lawsuit?​​
Most pedestrian accident lawsuits in Rhode Island are based on negligence.
Negligence means that someone else owed you a duty of care, breached it through some unreasonable actions, and caused you to suffer injuries and damages as a result.
In Rhode Island, you must prove your case by a preponderance of the evidence. In other words, your side of the story has to be more likely true than not.
Evidence that can help you prove negligence might include:
- Video footage of your accident from red light cameras or nearby surveillance camerasÂ
- Photographs of the scene of the accident, property damage, and resulting injuries
- The clothing you were wearing when you were struck by the vehicle
- Eyewitness testimony and statements
- Police reports
- Physical evidence from the scene, which might include damage to property, skidmarks, or tire tracks
- Medical records
- Evidence that a motorist was distracted or impaired at the time of the accident
The more evidence you have that directly proves another party’s negligence, the better the odds of a meaningful financial victory.
How Our Personal Injury Lawyers Can Help After A Pedestrian Accident In Rhode Island
What exactly caused your pedestrian accident? Who’s going to pay for your medical bills and offset the costs of your lost income? What can you do when a negligent driver or an insurance company tries to blame you for the accident?
You’re probably working hard to get back on your feet and looking at a long road to recovery. Now isn’t the time for you to worry about these and other issues that will come up in your pedestrian accident case. Fortunately, you don’t have to take on the burden of a lawsuit on your own.
That’s where our Rhode Island pedestrian accident lawyers come in. We understand how much your life can change after your accident, which is why we’ll do everything in our power to get you the compensation you deserve. We will:
- Help you secure appropriate medical treatment and ensure that your expenses are covered
- Launch an in-depth investigation into your pedestrian accident
- Gather medical records, accident reports, witness statements, physical evidence from the scene, photographs, surveillance footage, and other evidence to boost your case
- Interview expert witnesses and specialists as we analyze evidence, build a claim, and determine what your damages are worth
- Handle allegations that you’re at fault or share blame for your pedestrian accident
- Negotiate with the insurance company and/or other parties on your behalf
- File a lawsuit and prepare to argue your case in front of a jury if you’re not offered a fair settlement
- Put our vast resources and passion for the law to work for you. Contact our law firm, with offices conveniently located in Providence, East Providence, Wakefield, Warwick and Woonsocket, to discuss the details of your pedestrian accident case.
You don’t have to investigate your accident, gather evidence, and build a claim for damages on your own. Now should be the time for you to focus on resting and recovering from your life-changing pedestrian injuries. The Rhode Island pedestrian accident lawyers at Marasco & Nesselbush will handle every aspect of your case so that you don’t have to.
When you turn to our Rhode Island personal injury law firm for help, you’ll receive the personalized care and attention you deserve during this very difficult time. Our team will advocate for you passionately, working hard to achieve results that make your life easier in the days, weeks, and months to come.
Your first case evaluation with our top-rated legal team is free, so give our Rhode Island pedestrian accident lawyers a call to learn more.
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