Although any type of motor vehicle collision can be a terrifying, painful, and scarring experience for a victim, head-on collisions tend to be some of the most devastating crashes that occur. There are a variety of reasons why this type of crash may take place, including everything from distracted driving to fatigued drivers. As the fifth-largest city in the state, East Providence is home to nearly 50,000 residents who share the city’s highways and other roads with tourists attracted to its rich history and proximity to the coast. Unfortunately, the area witnesses several fatal collisions each year, including on I-195, State Route 114, and U.S. 44. East Providence car accident lawyer David Tapalian is prepared to help you fight for the compensation that you are owed from a careless driver so that you can get the justice that you deserve.Asserting a Personal Injury Claim Following a Head-on Collision
In order to recover compensation from a careless driver, you must file a personal injury claim against them, explaining how the defendant failed to act with due care and how the accident caused your injuries. You must document the injuries that you sustained and any damages that you are claiming as a result of the crash. Although this seems relatively simple, each of these items requires careful preparation, evidence, and argument.
For example, the first step requires the plaintiff to show that the defendant did not operate their motor vehicle with the same reasonable skill and care that a prudent motorist would have used in the same situation. This level of care encompasses applicable traffic laws and regulations as well. In fact, one of the most common reasons that a head-on collision occurs is because another driver was engaged in some sort of distracted driving activity and failed to notice that they inadvertently drifted across the centerline. Recently, Rhode Island passed a law that prohibits motorists from holding a cell phone while operating a vehicle. If the plaintiff can show that the defendant was in violation of this law or any other traffic law, such as by driving drunk, failing to yield the right of way, or driving well above the speed limit, they are entitled to a rebuttable presumption called negligence per se, which requires the defendant to prove that they were not negligent at the time of the crash despite the violation.
If a breach is established, you must next demonstrate a causal linkage between the defendant’s carelessness and the injuries that you sustained. If the defendant is able to prove that your injuries arose from some other substantial factor, such as severe weather or even your own negligent conduct at the time of the crash, you may be barred from recovering damages or receive a reduced amount of compensation. Also, you must provide evidence supporting the amount of damages that you have requested in the litigation. There are many types of damages that a plaintiff can seek, with medical expenses being the most commonly requested category. This includes ambulance bills, hospitalization costs, medications, physical therapy, and ongoing medical care associated with the injuries. The plaintiff can also request compensation for lost wages and a reduction in their future earning capacity resulting from the crash.Retain a Tenacious Motor Vehicle Crash Attorney in the East Providence Area
No matter how serious the collision in which you were involved may be, the tenacious and compassionate staff at Tapalian Law is ready to assist you with asserting your right to compensation. East Providence lawyer David Tapalian has guided many Rhode Island victims through the legal process, and he understands how important it is for you to receive the personalized and prompt legal counsel that you deserve. We offer a free consultation so that you can learn more about our firm and how we can assist you. Call us now at 401-552-5000 or contact us online for an appointment with a car accident lawyer dedicated to asserting the rights of victims.