Side Impact Car Accidents
Also commonly known as T-bone or broadside collisions, side-impact accidents are traumatic experiences for victims. According to the National Highway Traffic Safety Administration, roughly 3,000 vehicles were involved in fatal side-impact crashes during 2011 alone. In many instances, these accidents happen before the victim is even aware of the oncoming vehicle. Although a side-impact collision can happen in a variety of contexts, they most commonly occur at intersections. As one of the largest cities in Rhode Island, East Providence witnesses several devastating accidents each month. Warren Avenue is one of the most dangerous roads in the city, and fatal accidents have occurred in recent years there at its intersections with Evergreen Drive and Lyon Avenue. East Providence car accident lawyer David Tapalian is ready to advocate for people who have been involved in side-impact accidents. He has the experience and knowledge that it takes to ensure that you put a strong case forward.Seek Justice Following a Side-Impact Crash
If you have been injured in a side-impact crash, you can bring a personal injury lawsuit against the driver responsible for your injuries. In this lawsuit, the plaintiff has the burden of establishing that the defendant did not operate their vehicle with appropriate care. Each motorist has a duty to use reasonable care and skill when operating a motor vehicle in Rhode Island, acting as a prudent person would act when faced with circumstances similar to those in which the accident occurred. This includes slowing down and driving cautiously during inclement weather, as well as complying with all traffic signs and traffic laws.
Many side-impact accidents occur as a result of one driver’s failure to pay attention to their surroundings. Rhode Island recently passed a law that prohibits drivers from holding a cell phone while driving for the purpose of talking, texting, or surfing the web. If the defendant violated this law or another traffic law, such as yielding the right of way, the plaintiff is entitled to assert a rebuttable presumption of the defendant’s negligence at trial.
If you have proven that the other driver failed to operate their vehicle with due care, you must then show that this failure was the direct cause of the injuries that you suffered. This also creates an opportunity for the defendant to offer evidence suggesting that they were not the substantial cause of the injuries. For example, the defendant can offer any admissible evidence suggesting that the plaintiff was also acting negligently at the time of the accident and that the plaintiff’s negligence was a contributing factor in their injuries. The jury can then assign a percentage of fault to the plaintiff based on this evidence. If the jury returns a verdict in the plaintiff’s favor, their judgment will be reduced according to that percentage.
Rhode Island has adopted a pure comparative negligence approach, which means that a jury can assign as much or as little fault to the plaintiff as it deems fit without eliminating their ability to receive compensation unless they were entirely at fault. After the causation phase of the trial, the plaintiff will need to submit evidence regarding the amount of compensation that they have requested, including medical costs, missed wages, loss of earning capacity, and any claim for future compensation stemming from permanent medical conditions or diminished earning capacity.Consult a Compassionate East Providence Attorney
A motor vehicle accident is often a life-changing experience for the victim and their family. Although many people are tempted to navigate the Rhode Island legal system on their own, an experienced and compassionate East Providence lawyer can make a critical difference when it comes to ensuring that your rights are protected and that you receive the full amount of compensation to which you are entitled. Car accident lawyer David Tapalian provides a free consultation to prospective clients so that they can learn more about their legal rights and options. Call us now at 401-552-5000 or contact us online to get started.