Although there are many different types of motor vehicle crashes, one of the most common is a rear-end collision. This type of accident can happen in a residential area, in a business district, or on a highway. At low speeds, the injuries can be minor, but at high speeds the victims can suffer serious injuries and may even face permanent disabilities. As the third-largest city in Rhode Island, Cranston is home to many busy residents who are often in a hurry to reach their destinations. This can increase the chances for rear-end collisions to occur, especially during rush hour traffic on highways like I-95 or State Route 10. Considering that there are four major highways that travel through Cranston, the odds of being involved in a rear-end collision are higher than you may anticipate. Cranston car accident attorney David Tapalian is prepared to help you assert your legal right to compensation following a sudden rear-end collision caused by another driver.Understanding Your Next Steps Following a Rear-End Collision
In general, a rear-end collision occurs when the front of one vehicle crashes into the back of another vehicle. As a result, it is usually easier to establish fault in this type of crash compared to some other crashes. One of the most common examples of a rear-end crash is when one driver is stopped at a red light or stop sign, and another driver fails to stop in time, colliding with the back of the first vehicle. The at-fault driver may have failed to stop in time for a number of reasons, including driving under the influence, distracted driving, or driving at an excessive speed.
Regardless of the reason, the victim usually can bring a personal injury claim against the at-fault driver, seeking compensation for any injuries or damages that they suffered as a result of the crash. In a personal injury claim, the plaintiff will need to prove that the defendant did not use the appropriate level of care while operating their vehicle. Appropriate care has generally been defined as using the same level of care and skill that a reasonable person would use when confronted with a similar set of circumstances. This standard incorporates traffic laws as well as any unique circumstances like severe weather, traffic, or roadway hazards. In fact, if the plaintiff can show that the defendant breached a traffic law at the time of the crash, Rhode Island judges and juries very likely would agree that this behavior was negligent.
After showing that the defendant operated their vehicle in a negligent fashion, the plaintiff must show that this negligence was the cause of the injuries that they sustained. If there was some other factor that was a substantial cause of the plaintiff’s injuries, like severe weather or even the plaintiff’s contributing negligence, the defendant may not be required to pay compensation or may be required to pay a reduced amount. Under Rhode Island law, the defendant can offer evidence of these potential supervening circumstances. If the jury determines that the plaintiff’s own negligence was to blame for at least some of their injuries, the jury can assign a percentage of fault to the plaintiff, and any award in the plaintiff’s favor will be reduced by that percentage. An award of damages is meant to cover a broad range of costs and losses, such as medical bills, lost wages, and future damages like ongoing medical care or reduced earning capacity.Meet With an Experienced Cranston Lawyer to Discuss Your Options
If you have been involved in a rear-end collision, experienced car accident lawyer David Tapalian is here to help you determine whether you are entitled to compensation. Navigating the legal system is often daunting and time-consuming for accident victims. We offer a free consultation so that you can learn more about your options and how we may be able to help you. Call us now at 401-552-5000 or contact us online to set up an appointment with an attorney if you have been hit by a careless driver in Cranston.