Determining who is at fault in Rhode Island car accidents is not always easy. Rhode Island is an “at-fault” auto insurance state, meaning the driver who caused the crash is responsible for paying the bills. Since assigning blame is not always clear-cut, you want to have a personal injury lawyer in Rhode Island working with you to protect your best interests. At Inman & Tourgee, we can help determine fault in your case.
Comparative Negligence Rules
Rhode Island stands out because it operates under a pure comparative negligence system.
In many states, if you are more than 50% or 51% responsible for an accident, you are not allowed to recover money from the other driver. But, in Rhode Island, you can recover compensation for your injuries and property damage even if you were 99% at fault for the crash.
It’s important to note that your percentage of blame directly reduces your financial recovery. If you suffered $100,000 in damages but are found to be 30% at fault, your final payout is reduced by 30%, leaving you with $70,000
Police Reports and Evidence
Insurance adjusters do not just take your word for what happened. They rely on substantial concrete evidence to determine fault in Rhode Island car accidents. This includes:
The Police Report
Responding officers document their physical observations of the scene, take statements from both drivers, and note any traffic citations that were issued.
Physical Evidence
Skid marks, vehicle damage patterns, and debris on the road are all considered physical evidence. They help reconstructionists figure out speed, braking, and the angle of impact.
Visual Evidence
Photos of the scene, dashcam footage, and nearby security or traffic camera videos provide objective proof of how the crash unfolded.
Eyewitness Accounts
Unbiased statements from pedestrians or other drivers who saw the crash help piece together details that the drivers might have missed or not remembered.
Shared Fault Scenarios
Rarely does a car accident have one perfect driver and one completely reckless driver. Often, minor driving habits on both sides contribute to the accident.
Here are a few common scenarios where fault is shared in Rhode Island:
- Distracted Driving vs. Failure to Yield: You pull out of a side street and fail to yield to a car on the main road. However, that driver was looking down at a text message and failed to brake. Both drivers contributed to the collision and will likely share a percentage of the blame.
- The Left-Turn Collision: Consider turning left at an intersection. Another driver speeding in the opposite direction hits your car. While you have a duty to yield to oncoming traffic, the other driver was speeding. A jury might find you 30% at fault for making an unsafe turn, and the other driver 70% at fault for speeding.
- Rear-End Chain Reaction: If Car A stops suddenly, Car B hits Car A, and Car C slams into Car B, investigators will closely examine tailgating distances to apportion fault among the drivers.
A car accident lawyer in Providence, RI, can review these scenarios to determine who is at fault.
Impact on Compensation
Because every percentage of fault shifted onto you saves the insurance company money, adjusters will work hard to increase your share of the blame. The impact this has on your finances is substantial.
Unlike some states, Rhode Island does not put a cap on the maximum amount of economic (medical bills, lost wages) or non-economic (pain and suffering) damages you can recover. This is why you want to protect your side of the story with strong evidence to protect your best interests.
FAQ About Determining Fault in Rhode Island Car Accidents
Is the rear driver always at fault in a rear-end collision in Rhode Island?
While the rear driver is usually found at fault for tailgating or failing to pay attention, they are not automatically 100% liable. If the front driver suddenly slammed on their brakes for no reason, had broken brake lights, or cut off the rear driver without warning, fault can be shared between both parties.
How long do I have to file a claim or lawsuit in Rhode Island?
For personal injury, you have three years from the date of the accident to file a lawsuit. Failing to meet this deadline generally means you forfeit your right to seek compensation forever.
Is Rhode Island a no-fault state?
No, Rhode Island is an at-fault state. This means the driver who caused the accident is legally responsible for paying for the resulting injuries and property damage. You can pursue compensation by filing a claim with your own insurance company, filing a third-party claim against the other driver’s insurer, or filing a lawsuit.
Contact Inman & Tourgee Today
At Inman & Tourgee, our team brings over 125 years of combined legal experience to every case. Let us fight for the compensation you deserve after a Rhode Island car accident. Contact us today for a free consultation.
