Often times, accidents in Rhode Island are caused by reckless drivers result in catastrophic injuries or fatalities. This is because irresponsible drivers in RI negligently and deliberately disregard the safety and well-being of others. Under tort law in Rhode Island, individuals injured in a reckless driving accident are usually entitled to seek financial compensation through a Providence Superior Court personal injury claim or lawsuit. Reckless drivers can also be charged with criminal offenses in Rhode Island as a result of their absurd actions.
RI Reckless driving accident attorney
There are numerous ways motorists place the lives of others in danger through their deliberate and reckless actions. However, some reckless behaviors behind the wheel tend to be common, including:
• Racing with other vehicles
• Drunk driving
• Illegally passing slower traffic using the breakdown lane
• Attempting to make the vehicle go airborne using railroad crossings and other inclines
• Tailgating (following too close behind)
• Failing to notify others by using turn signals
• Failing to yield the right of way
• Weaving between lanes in traffic
• Performing illegal U-turns when it is strictly prohibited (180-degree turn)
• Cutting off other vehicles
• Operating a vehicle while fatigued
• Running red lights and stop signs
• Driving through construction zones and school zones
• Driving while distracted including talking on cell phones, texting while driving, watching videos, speaking with passengers, using GPS navigation, adjusting the radio and texting
• Road rage driving
Reckless disregard for other motorists on the road
Any activity the driver performs that diverts their attention from the task of driving is considered a form of reckless disregard of others. Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) indicate that one out of every three deaths across the nation’s highways can be attributed to speeding and reckless driving. Regardless of what type of reckless behavior the driver performs, they made a conscious choice to drive irresponsibly.
Reckless driving behaviors threaten the lives and safety of other motorists, passengers, bicyclists and especially pedestrians in Rhode Island and Providence Plantations sharing the roadway and crosswalks. Any individual walking near or in a crosswalk in RI can be particularly vulnerable to injury as a result of a collisionwhen a reckless driver acts irresponsibly.
Filing for Victim Compensation in Rhode Island for a reckless driving car, truck or motorcycle wreck
Driving a motor vehicle or car aggressively or recklessly is a conscious act of willful disregard for any consequence suffered by others. In many cases, motorist driving recklessly in Rhode Island will cause personal injuries, property damage and death. Victims in RI have the legal right to seek financial compensation to cover a variety of expenses including hospitalization and medical costs, the loss of income, property damage, therapy and rehabilitation, disability, disfigurement, scarring and wrongful death.
No two truck accidents or automobile accidents in RI involving reckless behavior in a moving vehicle are alike. State tort law concerning a claim for compensation filed against a reckless driver is complex as is civil procedure, rules and regulations used in court. Because of that, many victims of a vehicle accident involving reckless driving in Providence, East providence, Cranston and Warwick will hire a RI personal injury attorney with years of experience in handling these types of claims and suits.
Hiring a Woonsocket or Providence area Law Firm
A reputable RI law firm can ensure that all parties at fault for the accident are held accountable for their neglect and intentional disregard. In addition to holding the driver liable, the Rhode Island reckless driving victim’s personal injury lawyer / attorney may be able to file a claim against additional parties that also have some responsibility for the accident. Every party at fault for the accident with injuries can be liable to pay financial compensation to the victims. This is especially true if alcohol is involved, where others served the reckless driver alcohol prior to causing the accident.
Accidents that happen by reckless driving never happen accidentally. If you have suffered injuries at the hands of another, it is essential to contact a Providence personal injury attorney who specializes in vehicle and car accidents. Most vehicle and auto accident law firms accept cases on contingency, which means you will not pay any legal fees until your attorney recovers financial compensation from your claim or lawsuit. Hire a RI car crash attorney now before the statute of limitations concerning your claim expires.
When victims are injured or killed in a vehicle accident, they often face economic damages including extensive medical bills and funeral costs. In addition, the victim or surviving family members also deal with non-economic damages including pain, suffering, emotional despair, mental anguish and grief. When the incident is caused through the reckless actions of others, victims have a right to seek compensation by filing a claim or lawsuit.
Both economic and non-economic damages can be sought by injured victims in Rhode Island. By law, compensatory damages involve recovery of tangible loss including bills and expenses along with non-tangible losses like pain and suffering, which cannot be calculated exactly. Alternatively, punitive damages in Rhode Island do not provide compensation to the victim for their injury or loss, but provide a monetary award designed to punish the defendant.
The amount of punitive damages awarded the victim in Rhode Island is often based on the nature, behavior and character of the defendant’s conduct at the time of the incident. In addition, juries often base punitive damage awards on the amount of funds the defendant can provide.
Driving recklessly or drunk are two unacceptable behaviors in society when victims are injured or killed. Reckless driving is often defined as:
• Operating a vehicle with wanton or willful disregard of maintaining a safe environment for other people or property
• Fleeing police officers using a motor vehicle
• Any evidence that the driver is impaired and driving recklessly and out of control including being under the influence of drugs or alcohol, as defined by law
Driving distracted in Rhode Island can conceivably also be considered reckless driving when motorists talk on cell phones, check text messages and consume foods or beverages when behind the wheel. A motorist can be cited for distracted driving whenever they divert their attention away from the roadway and cause an accident with property damage, injuries or fatalities.
Defining Drunk Driving
Unlike suing a defendant for regular damages after suffering injuries in a vehicle accident, suing for punitive damages usually requires proof of gross negligence or intentional misconduct which is nearly criminal in nature. Under the law, gross negligence is considered behaving indifferent to the rights, life and safety of others. The plaintiff in the case, which can be the victim or surviving family member, will need to prove that the defendant acted with deceit, recklessness or malice.
The definition of being legally drunk varies between states, licensing and age of the driver. In Rhode Island, any motorist 21 years and older with a blood-alcohol level of 0.08 or greater is considered legally drunk. However, a motorist operating a commercial vehicle with a 0.04 percent or higher blood-alcohol level is considered a drunk driver. This is also true if a driver under the age of 21 has a blood alcohol level rated at 0.02 or higher.
Bad Faith Insurers in Rhode Island
Under certain circumstances in Rhode Island and Providence Plantations involving drunken reckless driving, the victim or surviving family members seeking justice are wrongfully denied compensation by insurance companies operating in bad faith. If an insurance carrier fails to provide a settlement payment or refuses to perform its obligations in a timely manner as described in the contract of insurance, the plaintiffs can seek damages.
Personal injury tort laws in Rhode Island (RI) are designed to protect victims harmed by other individuals or entities, including motorists driving recklessly or drunk. Many reckless actions including drunk driving cause serious injuries and fatalities. Driving recklessly can involve running a red light, swerving between lanes, turning into oncoming traffic, car stunts, speeding or driving down the street the wrong way.
Even if a drunk or reckless driver avoids a criminal conviction or is never charged with a DUI or DWI, the victims and surviving family members still have the legal right to seek compensatory and punitive damages. This is because criminal liability in RI and civil liability in RI involving vehicle accident cases are seen as separate issues under the law.
Reckless drivers are more than just a menace to other motorists operating their vehicles in a safe manner, because of the potential of causing accidents on the roadway. An irresponsible aggressive motorist driving recklessly can commit a moving traffic violation that substantially endangers people and property, which often leads to injuries, death and property damage. Common types of reckless and negligent driving behaviors on the Rhode Island (RI) roadway include:
Reckless driving car accident in Rhode Island
• Making an unsafe lane change
• Driving at excessive speed
• Dangerously weaving through traffic
• Tailgating (following too closely behind)
• Passing a legally stopped school bus
• Failing to yield to motorists with the right-of-way
• Failing to signaling when turning
• Talking or texting on a smart phone
• Racing and drag racing
• Failing to stay in a single lane
• Operating a vehicle with faulty brakes
• Performing illegal U-turns (180 degree turn)
• Cutting off other vehicles on the roadway
• Passing vehicles on the right
• Road rage driving
• Driving faster than the posted speed limit through school zones and construction zones
• Passing on the right shoulder or in a no passing lane
• Impaired driving such as driving drunk or when on drugs
• Disregard of traffic signals and signs
Negligent and Illegal driving in Rhode Island and Providence Plantations
Any manner of reckless driving is a negligent act and is often explicitly illegal. The State of RI has various enacted laws imposing strict penalties for any motorist driving at reckless speeds, typically considered numerous miles more than the posted speed limit. In addition to being cited with a traffic violation, the reckless driver can be held civilly liable, requiring them to provide financial compensation to victims of the accident suffering injury, death and/or property damage.
Even though reckless driving is often illegal in Rhode Island and always negligent, proving the reckless driver exhibited inappropriate behavior conclusively to a judge or claims adjuster is often a challenging legal battle.
Insurance carriers faced with paying RI personal injury claims involving the reckless behavior of their policyholder often fight aggressively to minimize their payout. Many times the claims adjuster will use a variety of proven tactics to deflect any allegation of negligence by the reckless driver in an effort to deny or minimize financial compensation to the victim. In fact, recovering damages through financial compensation is never guaranteed in a Providence, Pawtucket or Woonsocket car accident. Compensation is not automatic when filing a claim. Usually, successful outcomes of claims require the aggressive skills of a competent Providence personal injury attorney who specializes in Providence reckless driving accidents involving injuries and death. Hiring a committed Pawtucket car accident lawyer equipped with the proper legal tools, proven strategies and effective tactics is often necessary to obtain adequate recompense.
How a RI auto accident Attorney Can Help | negligent
A skilled Rhode Island Personal injury attorney can fight for their client to ensure that the responsible party, represented by their insurance carrier, provides the victim adequate financial compensation. The money obtained is usually substantial, and covers a variety of expenses including:
• Hospital bills, doctor visits, surgeries, rehabilitation, physical therapy and other procedures necessary to heal
• Financial costs associated with the accident
• Property damages including car replacement or repair
• Missing earnings caused by the inability to work due to the accident
• Any loss of potential future earnings if the victim is suffering temporary or permanent total or partial disability from the accident
North Providence, Cumberland. Lincoln, Car crash, motor vehicle collision
In addition to covering tangible cost, the The Cranston, Warwick or East Providence attorney will seek recompense for intangible losses including the pain, suffering and discomfort the victim experiences from the accident. It can also include a loss of companionship and consortium, along with payment for emotions involved in being disfigured or losing a limb in a catastrophic accident caused by a reckless driver. Reckless driving is a choice made by the driver, and always a preventable action that when avoided saves others from injury or death. In many incidences, the results of the reckless behavior are devastating, and cost lives or diminishes the quality of life for the victim.
If you were injured in a car accident in Rhode Island and Providence Plantations, please contact RI personal injury lawyer, David Slepkow. A Rhode Island personal injury attorney or a RI car accident lawyer can help you get the compensation that you deserve.