Serving Rhode Island & Southern Massachusetts with Offices in: Newport, Providence, North Providence, Pawtucket & Warwick
We all have an obligation to obey traffic laws and share our roadways responsibly. Tragically, on a national level, pedestrian fatalities are on the rise. While it is a driver’s responsibility to be extra cautious in high traffic pedestrian areas, pedestrians must also remain vigilant and abide by the rules designed to keep them safe. All residents should familiarize themselves and obey our state’s traffic laws R.I.G.L. § 31-18-3. To view Rhode Island's pedestrian laws, please click here.
Who is at Fault in a Pedestrian Accident?
In many cases, the driver of the vehicle is considered at fault if he/she failed to stop for pedestrians at a crosswalk; ran a red light; made a left- or right-hand turn without yielding for pedestrians; did not come to a complete stop before turning right on red; was speeding or was under the influence of alcohol or drugs.
The pedestrian may be at fault if he/ she was jaywalking at the time of the accident; was walking in areas where pedestrian traffic is prohibited; opened their car doors roadside without checking for oncoming traffic or was under the influence of alcohol or drugs. Pedestrians who are hit by motor vehicles may be entitled to compensation if the motorist in question was more than 50 percent at fault for the accident. The important thing to remember is that pedestrians have rights and operators of motor vehicles can and should be held accountable for their negligence when they injure pedestrians in crosswalks through their reckless driving. Without a personal injury attorney, the drivers’ insurance company will try to place the blame on the pedestrian or get the pedestrian to settle for less money than he/she is entitled.
If You Were Injured in a Pedestrian Accident, What Should You Do?
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Contact the police and file a police report. Timing is of the essence, as it may be difficult to file a report later on, even if it filed later on that same day. A Police Accident Report is an important document to have when you file any claims with insurance companies, whether it’s your insurance company or the insurance company of the driver in the vehicle that hit you. Make sure to read the police report carefully to ensure accuracy.
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Take down the license plate of the vehicle. Even if you don’t feel you were injured, it’s important for the driver of the vehicle to remain at the scene until police arrive. Otherwise, it constitutes “leaving the scene of the accident.” If the driver refuses to remain at the scene, at the very least you should capture their license plate number to provide the police.
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Exchange contact information. Make sure to collect the driver’s contact and insurance information. If there are any witnesses around, also request their contact information.
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Always seek immediate medical attention. Even if you do not believe you were severely injured, we recommend always seeking medical attention. Often times, it takes days for injuries to surface.
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Keep records of your medical treatment, bills, and other expenses incurred.
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Consult an experienced personal injury lawyer who can protect your rights and fight for fair compensation, further medical.
If you were hit by a motor vehicle, contact Personal Injury Attorney Ann Sheeley for a free consultation. Our firm has years of experience representing pedestrians that were injured. Accidents can take a major toll on your life. You can count on Sheeley Law to stand by your side, be a strong advocate, and seek full compensation for your losses and personal injury.
