Basics of Pedestrian Injury Cases in Rhode Island
As an injured pedestrian in Rhode Island, you may file legal action against a person or company whose careless actions caused you harm. This case must be filed within three years of your injuries — otherwise, you will lose the chance to get compensation to provide for your financial needs following an accident.
You may wonder how to know if you have a case. Consulting with an attorney from an experienced Rhode Island pedestrian accident law firm like Sands Law is the best way to find out.
A lawyer will look at the specific facts of your situation and provide you with a more certain answer. However, you can generally bring a pedestrian injury lawsuit if the following conditions apply:
Another Person or Company Acted Negligently or Recklessly
First, there must be a person or company that committed a careless or reckless act. Careless acts include those choices that reasonable and responsible people would not do. Reckless acts are actions taken despite the person knowing that they create an increased risk of a pedestrian crash.
Examples of careless and reckless behavior include the following:
- Speeding through congested traffic or where pedestrians are likely to be
- Driving while texting or using one’s smartphone
- Not checking a rearview mirror, side mirrors, or rearview camera before reversing
- Trying to beat a yellow light and speeding up through an intersection
- Driving while high, drunk, or otherwise impaired by a substance
Companies or entities may commit careless or reckless acts by failing to properly screen or supervise drivers, failing to install crosswalks or crossing signs, or not maintaining roadways and lights in good working order.
This Careless or Reckless Act Caused Your Injuries
Next, there must be a causal link between the other person’s actions and your injuries. In other words, if your accident and injuries would not have occurred had the other person not acted carelessly or recklessly, then such a link exists.
In some pedestrian accident cases, this link is easy to establish. If you are crossing the street and a speeding motorist hits you, breaking your leg, then it is clear that the driver’s speed caused your broken leg. You would likely be entitled to recover compensation from that negligent driver.
It can be more challenging to prove a causal link in other cases. Suppose that you are crossing a dark street and a motorist strikes you. You bring suit against your local municipality, arguing that their failure to install a street light led to your crash.
In this situation, it may be harder to show that your crash would not have happened had there been a street light near where you crossed the street.
This is a crucial step in a successful lawsuit. A seasoned Rhode Island pedestrian accident attorney knows this, and at Sands Law, we know how to look for the evidence necessary to meet this requirement.
Your Injuries Can Be Compensated with Monetary Damages
Last, you must establish the financial toll your injuries caused you and for which you need compensation. This can include medical bills, lost wages, and other one-time or ongoing expenses you are facing. You are also entitled to recover compensation for emotional harm, loss of your quality of life, pain and suffering, and other similar losses.
Speak to your Rhode Island pedestrian accident attorney as soon as possible following a pedestrian accident. At Sands Law, we are passionate about helping injury victims in their quests for justice. We are resourceful and can dig into the details of your accident to make your case as strong as possible. We will fight to get the compensation you require.
If we cannot resolve your claim with an appropriate settlement from the other party’s insurer, we will work with a neutral arbitrator to secure your compensation. If all else fails, we will take your claim to trial and fight for your rights.
Contact Sands Law, your Rhode Island pedestrian accident law firm, to get started with your case.