What should you do if you are hit by a vehicle?
1.
CALL 9-1-1
If you are able to do so, immediately call 9-1-1, or indicate to either the driver or others that they need to do so. The vast majority of pedestrian accidents result in serious injuries. Even if you feel you are able to get up and walk away, it is important that you have experienced medical personnel examine you immediately. Ask the police to create an accident report for the incident.
2.
COLLECT INFORMATION
Once you have been evaluated by on-scene medical personnel, make sure you collect the information from the other driver including their name, phone number, insurance information, and their license plate number. If possible, use your phone to take pictures of the accident scene including the location of the collision, damage to the vehicles and any injuries you have.
3.
CALL OUR LAW FIRM BEFORE YOU TALK TO INSURERS
It is important to remember that the driver’s insurance company and their adjusters are not working in your interest – no matter how concerned they seem over the phone. Their goal is to limit their liability and thereby limit your compensation so they will investigate the accident looking for factors that may limit the responsibility of their driver. We always recommend that you call a skilled Providence personal injury attorney for a no obligation consultation. With our experience we can deal with the driver’s insurance company with a goal towards getting you maximum compensation.
PEDESTRIAN INJURY STATISTICS IN THE UNITED STATES
According to the NHTSA, in 2018 approximately 6,283 pedestrians were killed in traffic accidents. This was an increase of 3.4 percent from 2017 and equates to a pedestrian fatality taking place less than every eighty-eight minutes in the United States, and a pedestrian injury every eight minutes.
SHOULD I HIRE A LOCAL PROVIDENCE PERSONAL INJURY LAWYER?
When you are injured in an accident and someone else is to blame you have the legal right to demand rightful compensation. But you also need to take care of yourself physically and emotionally. It can be difficult to work through the healing process while trying to navigate a lawsuit on your own.
Personal injury cases, especially pedestrian accident cases, can be complicated and should be handled by an experienced and skilled team of attorneys. Obtaining legal representation can give you the time you need to heal physically and emotionally while still ensuring that you will be able to receive just legal compensation for your losses.
WHAT EVIDENCE MIGHT HELP MY PEDESTRIAN ACCIDENT LAWSUIT?
Every pedestrian accident case is unique. Evidence that may be important for one claim might not be for another claim. Therefore, it is vitally important to seek the counsel of a local Providence personal injury attorney for guidance about the best way to investigate and handle the particular facts of your case.
At Marin and Barrett, Inc., we can tailor our legal strategy to the individual nature of each Providence accident claim. Using our experience we will be able to conduct an investigation to obtain time-sensitive evidence and bring in necessary expert testimony and file motions and subpoenas to compel disclosure of evidence that is being withheld.
Some examples of evidence that might be useful to your accident case include the following:
IMPORTANT EVIDENCE IN A PEDESTRIAN ACCIDENT PERSONAL INJURY LAWSUIT
1.Police Report: Rhode Island law requires a car accident to be reported if it results in the bodily injury or death of any person or it results in damage to property in excess of $1,000. (Rhode Island General Law 31-26-3.2). The accident report should include details about the cause of the crash, any injuries suffered, and possibly witness statements.
2.Chemical Test Results: Alcohol is a large contributing factor in a high percentage of auto accidents. If the driver that hit you was impaired, the chemical test results can be used to prove negligence and liability.
3.Cell Phone Records: One of the leading causes of motor vehicle accidents in 2022 is distracted driving. In most cases, cell phone providers will not voluntarily provide those records and our experienced attorneys will not hesitate to file a subpoena to obtain the driver’s cell phone records if they will contribute important evidence to your claim
4.Surveillance Footage: If your accident happened in front of a business, it might have been caught on surveillance video. If there is a dispute about who was at fault, the surveillance video footage might be critical evidence.
5.Eyewitness Testimony: Our investigation will include speaking with all eyewitnesses and asking them to provide testimony if it is helpful to the case.
6.Expert Witness Testimony: Injuries from pedestrian accidents can be very serious and it is common for the testimony of medical and economic experts to testify in the proceedings. This testimony can be used to prove the severity of the injuries and the total value of any future medical bills and lost career earnings.
7.Photos of Property Damage, Skid Marks, and Injuries: Photographs of property damage, skid marks, and injuries can be used to prove negligence and contradict the other side’s assertions about fault in the accident.
HOW MUCH MONEY CAN YOU RECOVER IN A PERSONAL INJURY LAWSUIT?
As we will explain in more detail below, you are more likely to suffer serious injuries when you are a pedestrian. Your recovery from those injuries can seem overwhelming and difficult. Treatment may require extensive medical care and lengthy rehabilitation. This can often result in medical bills totaling tens to hundreds of thousands of dollars.
Your injuries, treatment, and rehabilitation may limit your ability to continue working. With no income, the total financial costs of medical expenses can be daunting. At Marin and Barret, Inc., we stand ready to help you recover the financial compensation to which you are entitled. Due to the high financial costs of medical treatments, it is vitally important that you recover the money you deserve after an accident. At Marin and Barrett, Inc., with the help of an experienced Providence personal injury lawyer you can make sure you are fully and fairly compensated.
FINANCIAL COMPENSATION FOR PEDESTRIAN ACCIDENT INJURIES
- Medical Bills and Medical Expenses
- Permanent Injury or Disability
- Nursing Care
- Physical Therapy
- Property Damage
- Lost Wages and Loss of Career Earning Potential
- Reduced Earning Capacity
- Disability
- Pain and Suffering
- Anxiety and Depression
- Emotional Distress
- Scarring and Disfigurement
- Loss of a Limb
- Loss of Consortium, and
- Wrongful Death
CAN I RECOVER IF I WAS ALSO AT FAULT IN MY ACCIDENT?
Were you partially at fault in causing an accident? If so, don’t worry. You are still entitled to a financial recovery as long as someone else also shares blame in causing the accident. According to Rhode Island General Law Section 9-20-4, the amount of your recovery will be reduced by your proportional share in the fault.
WHAT ARE COMMON PEDESTRIAN INJURIES IN RHODE ISLAND?
Unlike passengers in large vehicles who get the benefit of the steel structure, pedestrians have little protections from serious injury in the event of an accident. This lack of protection from serious injury is why pedestrians involved in a car crash are 1.5 times more likely to be killed than passenger vehicle occupants.
Fortunately, most pedestrian accidents are not fatal accidents. Some of the most commonly reported injuries include the following:
- Broken Bones
- Soft Tissue Injury
- Traumatic Brain Injury
- Spinal Cord Injury
- Thoracic Injury
- Herniated Disc
- Eye Injury
- Amputation
- Paralysis
- Death
Contact a personal injury attorney at Marin and Barrett, Inc. if you have been injured as a pedestrian in Rhode Island. We can help you recover the compensation you are entitled to.
TYPES OF PEDESTRIAN ACCIDENTS WE HANDLE
The Rhode Island roadways are only safe if all involved obey the traffic laws and walk signals. They become dangerous when individuals break the rules, fail to pay proper attention to the road, or fail to properly yield the right-of-way or traffic signal. Far and away the number one cause of serious pedestrian accidents in Rhode Island is negligent drivers. The most common causes of these accidents include:
- Distracted driving accidents involving pedestrians
- Accidents involving drivers who were speeding
- Injuries to pedestrians who were jaywalking
- Parking lot accidents involving pedestrians
- Injuries to child pedestrians
- Aggressive drivers injuring pedestrians
- Alcohol-related motor vehicle accidents
- Failure to yield the right-of-way accidents
- Accidents involving 18-wheelers, scooters, and government vehicles
- Accidents resulting in catastrophic Injury
- Accident wrongful death claims
- Poorly designed intersections resulting in injured pedestrians
- Large cars and SUV accidents
A skilled Rhode Island personal injury lawyer can investigate your pedestrian accident and find out its probable cause and identify the at-fault party or parties. Even if you feel you were partly responsible, do not give up hope. Rhode Island law follows a pure comparative fault system. This means that if you were the victim in a pedestrian accident, you can recover a certain amount of compensation for your injuries even though you were negligent in some way.
Rhode Island Pedestrian Accident Statistics
Rhode Island has done an admirable job of reducing pedestrian deaths over the past ten years. However, each year anywhere between 5 and 20 individuals are killed in pedestrian accidents throughout the State.
According to a report from the Governors Highway Safety Association, Rhode Island has one of the lowest pedestrian traffic fatality rates in the nation. However, nationwide pedestrian deaths continue to increase at an estimated rate of 4 percent, fatal pedestrian crashes have been dropping substantially in Rhode Island in recent years.
2016: 14 Fatal Accidents
2017: 21 Fatal Accidents
2018: 7 Fatal Accidents
2019: 5 Fatal Accidents
Although the number of pedestrian fatalities in Rhode Island continues to drop, even one fatality is tragic. If you have had a loved one killed in a fatal pedestrian accident, call the attorneys at Marin and Barrett, Inc. for help bringing a wrongful death claim on behalf of your loved one.
Rhode Island is Home to Some of New England’s Most Dangerous Intersections
According to recent statistics, intersections are involved in approximately 40 percent of all motor vehicle accidents. This percentage increases substantially when accidents involve pedestrians. A recent report by GoLocalProv found that Rhode Island was home to 10 of New England’s most dangerous intersections. These intersections are:
- Exit 9 on I-295 and Route 146 in Lincoln, RI
- Route 37 and US Route 1 (Post Road) in Warwick, RI
- Route 146 and Sayles Hill Road in North Smithfield, RI
- I-95 at Exit 14 and Route 37 in Warwick, RI
- I-295 at Exit 6 and US Route 6 in Johnston, RI
- RI 2 (Reservoir Ave) and RI 12 (Park Ave) in Cranston, RI
- RI 138 (Spring Street) and Wincheck Pond Road to Soap House Lane in Hopkinton, RI
- US Post Road and Kings Factor Road to RI 216 (Ross Hill Rd) in Charlestown, RI
- I-95 at Exit 18 (Thurbers Avenue Curve) in Providence, RI
- I-95 at Exit 29 (US 1 / Broadway / Cottage Street) in Pawtucket, RI
HOW CAN YOU AVOID BEING INJURED AS A PEDESTRIAN?
Pedestrians who commute in areas without proper sidewalks are at an increased risk of death or injury. When sidewalks are not available, pedestrians should stay on the shoulder and should walk facing or against traffic, rather than with the flow of traffic. This allows the pedestrian better visibility and the ability to see oncoming cars and traffic conditions so that they can move out of the way, if necessary. Pedestrians should practice safe habits by always:
- Wearing bright or reflective clothing, especially at night
- Using only designated crosswalks
- Staying on the sidewalk when possible
- Carrying a flashlight
- Following all applicable traffic signs and signals
PROVIDENCE PEDESTRIAN ACCIDENT LAWYER
Hundreds of pedestrians are injured in Rhode Island every year. If you or a loved one has been injured as a pedestrian due to the negligence or recklessness of another, you have the right to file a personal injury claim for damages. The money you recover can help to cover expensive medical bills, make up for lost income while you recover from your injuries, and compensate you for the emotional stress of the accident and your injuries.
Drivers responsible for causing injuries to pedestrians will likely have to provide payment under their auto insurance policies. Additionally, injured pedestrians may be able to obtain additional compensation under their own auto insurance policies. Even if the driver that hit you or your loved one has been cited with a moving violation or drunk driving charges, you may be able to take additional legal action against them.
At Marin and Barrett, Inc., we have seen first-hand how a motor vehicle accident can turn your life upside-down. We’re here to help you assert your legal rights, provide you with skilled legal advice, and help you recover fair compensation for your injuries. Call us 24/7 at 401-298-9116 for a free, no obligation case review and consultation to discuss your rights and legal options.
To Learn More About Your Rights and Receive a Free Initial Consultation from an experienced local Providence Rhode Island Personal Injury Attorney, Contact us 24/7 at 401-298-9116
YOU ONLY PAY IF WE WIN
