The party most responsible for causing a vehicle accident through negligence is usually held liable for injuries resulting from the crash. Depending on the circumstances behind the accident, liable parties can include other drivers, trucking companies, employers, and even government entities.
If you’ve been hurt in a Rhode Island vehicle accident, the trusted legal team at Rob Levine Law is available 24/7 to take your calls, answer your questions, and help you pursue justice. Contact us online or call (800) 742-3920 for a free consultation with our experienced car accident lawyers.
How Is Fault Determined in Rhode Island?
If the facts of the case show that one party violated Rhode Island’s traffic laws or otherwise behaved negligently, they can be held liable. Types of evidence that help determine fault for a car accident include the following:
- Physical evidence, such as vehicle damage, skid marks, and collateral property damage
- Witness statements
- Police reports
- Photos or videos of the accident, including traffic camera footage
Rhode Island has a pure comparative negligence system for determining liability for car accidents. Some other states don’t allow a party to recover compensation if they are primarily responsible for an accident, typically when they are 51% or more at fault they cannot pursue a case. However, Rhode Island allows accident victims to pursue compensation as long as they aren’t 100% responsible for the accident, although the compensation is reduced proportionately to their share of the blame. Thus, even if they are 99% at fault for the accident, they can still recover 1% of their damages.
Insurance companies will attempt to assign fault for an accident when deciding whether to settle a car accident case. They are incentivized to shift blame to accident victims to minimize their payouts. Therefore, it’s crucial to have an experienced lawyer who can protect your rights and interests throughout the claims process.
When Is the Other Driver Liable?
The other driver may be held liable if their negligent, careless, or reckless behavior caused or contributed to the accident. Actions for which a driver may be found at fault include the following:
- Speeding, especially through hazardous conditions like black ice
- Distracted driving, including texting and phone use
- Running red lights or stop signs
- Failing to yield the right of way
- Driving under the influence of alcohol or drugs, known as DUI
When Is the Other Driver’s Employer Liable?
Employers are typically responsible for the actions of their employees. This is known as vicarious liability. Thus, companies can be held liable for vehicle accidents if their employees act negligently. Additionally, they can be liable for their own negligence, such as if their policies violate safety standards and contribute to the crash.
Employer negligence that can lead to liability includes the following:
- Proper training: Companies can be held liable if they hire unqualified workers or fail to prepare employees to safely perform their jobs.
- Vehicle maintenance: If a poorly maintained vehicle causes a crash, the company may be held liable for failing to keep it in good working order.
- Adequate supervision: If an employer is not aware of its employees’ unsafe actions when it should be, it may be liable for resulting injuries.
- A reasonable workload: The stress and fatigue experienced by overworked employees can lead to vehicle crashes, potentially exposing their employers to liability.
- Following policies: Employers can be liable for not ensuring their workers’ compliance with their own safety standards, as well as federal regulations, like recent guidance on English proficiency for truck drivers.
Companies can also be vicariously liable for accidents caused by their employees while on the job. Delivery drivers, truckers, and even miscellaneous employees using company vehicles for work purposes can all expose their employers to liability for a vehicle accident in Rhode Island.
Uber and Lyft drivers are generally considered independent contractors, not employees. Thus, the companies are usually not vicariously liable for rideshare accidents. However, they do provide insurance coverage, depending on the driver’s status at the time of the accident. If you are injured in a rideshare vehicle accident that occurs while the driver is logged into the app, you might be eligible to file a claim under the rideshare company’s coverage.
When Is the Government Liable?
Pursuing a legal claim against a government entity can be difficult, but it is not impossible. While Rhode Island generally grants sovereign immunity from most civil lawsuits to state and local governments, that immunity doesn’t fully apply to vehicle accidents. Exceptions to governmental immunity in Rhode Island include:
- Poor maintenance: Unsafe conditions on infrastructure and government-owned property, such as roadways or parks, can expose government entities to civil liability.
- Negligence by a government employee: Government officials are generally immune from negligence claims arising in the course of their job responsibilities, but they can still be sued for personal actions or intentional misconduct.
- Defective traffic signals: It’s possible to sue a municipality for damages caused by a broken or defective stoplight that it negligently failed or refused to fix.
- Flawed road designs: Government entities responsible for road design can be held liable for dangerous features, such as sudden turns, blind spots, and unsafe curves.
- Emergency vehicle accidents: Like private employers, governments can sometimes be liable for crashes caused by police cars, fire trucks, and other service vehicles.
Governmental liability can be incredibly complex, and pursuing a claim against a municipality comes with its own rules and deadlines. Working with an experienced lawyer will give you the best chance of successfully recovering compensation in a case against a government entity.
When Are You Liable?
If you strike another vehicle after failing to stop at a stop sign, running a red light, or driving while distracted, you could end up being at least partially liable for an accident. However, under Rhode Island’s pure comparative negligence system, you can still recover some damages even if you are primarily responsible for a vehicle accident.
Our experienced car accident lawyers can determine your share of the liability, counter attempts to shift blame to you, and help you recover the maximum possible compensation.
Rob Levine Law Can Help Determine Who Is Truly Liable
Under Rhode Island’s pure comparative negligence law, you can still recover some compensation even if you’re 99% at fault. With greedy insurance companies working to maximize your liability, it’s crucial to work with a legal team that can help protect your rights and get the justice you deserve.
The trusted Providence car accident lawyers with Rob Levine Law have a proven track record of helping injury victims get significant results after a crash. Through over 25 years of practice, we’ve helped more than 50,000 clients recover over $2 billion in injury compensation and disability benefits.
We’ve earned the name THE HEAVY HITTER® by building a reputation for aggressive representation and tireless advocacy for our clients. Our team is available 24/7 and can meet with you remotely if necessary. With our Fee Free Guarantee®, you won’t pay us anything unless you win your case.
Contact us online or call (800) 742-3920 today for a free consultation.
