- Updated date:
- April 18, 2024
Personal injuries can happen to you anywhere — while driving on the road, getting care at a medical facility, or while spending time on a commercial or personal property. Wherever it takes place, your injuries may entitle you to compensation from the wrongdoer.
Here in Rhode Island, we are not immune to personal injuries. Government data show that in recent years over three hundred people have suffered serious injuries in a motor vehicle accident in the state. Vehicle accident fatalities spiked to 84 here in 2017. And in 2021, a bicycle rider was killed by a car in Providence.
Rhode Island regulators have repeatedly imposed hefty fines on a major Rhode Island hospital for its shortcomings. That same hospital paid almost $90 million in lawsuit awards in two recent cases alone.
As local Rhode Island personal injury lawyers, the team at Marasco & Nesselbush vigorously advocates for our clients. We are proud that Rhode Island residents have trusted us since 1999 to lead their personal injury legal battles while offering respectful, compassionate support. Our lawyers are part of the community, with offices in Providence, Wakefield, Warwick, Woonsocket.
Are Bike Accidents Common? ​
Thousands of bike accidents occur annually across the United States. Most of these accidents are minor, but some are fatal.
The Insurance Institute for Highway Safety notes approximately 2% of motor vehicle crash deaths in the United States involve bicyclists. Meanwhile, the Rhode Island Office of Highway Safety reported 12 bicycle fatalities between 2008 and 2017.
Most Common Bicycle Accident Injuries ​
Bicycle accident injuries can be severe and include minor cuts and bruises as well as catastrophic injuries — even death.
Accident victims may experience:
- Head injuries
- Back pain
- Broken bones
- Soft tissue injuries
- Traumatic brain injuries
Bicycle accident injuries should always be evaluated by a doctor. That way, a bicyclist can receive appropriate treatment and prevent any injuries from becoming long-lasting issues.
DO I HAVE A CASE?
If you think you may have a case, contact us now for a FREE consultation
Most Common Causes of Bicycle Accidents in Rhode Island
Bicycle accidents occur for a variety of reasons, including:Â
Limited visibility
It can be difficult for a driver to see a bicyclist at night or in areas where visibility is limited, increasing the risk of a bicycle accident.
Distracted driving
A driver can lose focus behind the wheel and not see a bicyclist, resulting in an accident.
Poor road conditions
Uneven pavement or slick roads can cause a driver to lose control of their vehicle, leading to an accident.
Speeding
A driver traveling at high speed may not be able to stop in time to prevent a bicycle accident.
Unsafe lane changes
If a driver does not check their blind spots when switching lanes, they can cause a bicycle accident.
Inclement weather
Snow, rain, sleet, and other inclement weather can impact driving conditions and ultimately contribute to a bicycle accident.
You can’t always avoid a bicycle accident. However, cyclists who understand why accidents happen can take precautions to limit the risks of such incidents and related injuries.
How To Avoid Bicycle Accidents ​
Here are some of the best ways for drivers to avoid bike accidents in Rhode Island:Â
- Avoid speeding and reduce your speed in hazardous conditions. Â
- Avoid distracted driving.Â
- Keep a safe distance from bicyclists.Â
- Pass bicyclists slowly and cautiously. Â
Additionally, here are some of the best ways for bicyclists to limit the risk of accidents:Â
- Never assume drivers see you. Â
- Use hand signals to indicate when you’re about to turn.Â
- Use a bike mirror.Â
- Wear high-visibility clothing. Â
- Place lights and reflectors on your bike. Â
If a bike accident occurs, you need to know how to respond as well. Â
What to Do If You Are Involved in a Bicycle Accident ​
Medical care should be your top priority following a bicycle accident in Rhode Island. Second only to your physical health should be your financial health. If you have been injured, you will likely have medical bills and lost wages as you recover. In addition, the trauma of the accident may cause pain and suffering, for which you should be compensated.Â
1. Call 911
Get medical attention immediately following a bicycle accident. This ensures you can receive immediate help with any possible injuries. Â
Once you call 911, emergency responders will arrive on the scene. These responders will examine you and anyone else who may have been injured during your bicycle accident. They can also bring you to an emergency room as needed. Â
If you need to visit a hospital after your bicycle accident, many options are available in Rhode Island. Some of the top-rated hospitals in Rhode Island include:Â
Keep track of any medical treatments and charges you receive. You may need to share this information with an attorney if you file a personal injury lawsuit against anyone responsible for your bicycle accident and injuries. Â
2. Collect Evidence
Gather evidence at the bicycle accident scene. Take photos of any injuries you suffered or damage to your bicycle. Â
Also, get information from anyone involved in the bicycle accident. You can collect insurance and contact information from the driver. And you should get witness testimonials. Â
You can request a police report following your accident. Once you call 911, a police officer will arrive at the accident scene. The officer will put together a report based on the information provided by you and others involved in the accident. Â
The police officer can give you a copy of your police report. Or, you can request a copy from your local police department after your bicycle accident. Â
3. Consult with a Bicycle Accident Attorney
Reach out to a Rhode Island bicycle accident attorney to learn how to pursue financial damages. Next, the attorney can evaluate your legal claim and determine if you have a strong argument. Â
If a bicycle accident lawyer believes you have a viable argument, this professional can help you build your case. The lawyer can also help you file your lawsuit and move forward with litigation.Â
Rhode Island Bicycle Accident Laws
Here are some of Rhode Island’s laws for bicyclists:
- Bicyclists under the age of 15 must wear a helmet.
- Bicyclists must ride on the right side of the road whenever possible.
- It is illegal to drive a bicycle under the influence of alcohol or any other controlled substances.
There is a two-year statute of limitations to file a bicycle accident lawsuit for personal injuries. This means a bicyclist who experiences personal injuries in an accident can sue anyone responsible within two years of their accident.
In a Rhode Island bicycle accident, there can be times when a bicyclist is partially at fault. In these instances, a bicyclist may be unable to recover the maximum amount of damages in their personal injury lawsuit.
For example, a bicyclist can file a lawsuit for $10,000 in damages. If a judge or jury finds the bicyclist is 30% responsible for the accident, this individual will be awarded $7,000.
Legal Process for Bicycle Accident Claims in Rhode Island
The legal process can vary based on the specifics of each case. Your personal injury lawyer will guide you through each step and work to achieve the best possible outcome for your bicycle accident claim in Rhode Island.
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- Initial Consultation: Meet with a personal injury lawyer to discuss the details of your case. Share all relevant information, including the accident circumstances, injuries, and any available evidence.
- Agreement and Representation: If you and the lawyer agree to move forward, you may sign a representation agreement. The lawyer officially becomes your legal representative for the bicycle accident claim.
- Investigation: The lawyer conducts a thorough investigation, gathering evidence to support your case. This may include obtaining witness statements, reviewing medical records, and collecting any available documentation.
- Establishing Liability: Your lawyer works to establish liability, proving that the other party is at fault for the bicycle accident. This involves presenting evidence and building a strong case.
- Communication with Insurance Companies: Your lawyer communicates with the at-fault party’s insurance company on your behalf. They present the case, share evidence, and negotiate for a fair settlement.
- Demand Letter: If negotiations progress positively, your lawyer may draft a demand letter to the insurance company. This letter outlines the compensation you are seeking and provides a basis for further discussions.
- Settlement Negotiations: Your lawyer engages in negotiations with the insurance company to reach a fair settlement. This involves back-and-forth discussions and may include counteroffers.
- Filing a Lawsuit (if necessary): If a satisfactory settlement cannot be reached, your lawyer may advise filing a lawsuit. This involves preparing and submitting the necessary legal documents to initiate a court case.
- Discovery Process: Both parties exchange information and evidence in a process called discovery. Your lawyer continues gathering evidence and prepares for the possibility of a trial.
- Mediation or Arbitration (optional): Before going to trial, parties may opt for mediation or arbitration to resolve the dispute with the help of a neutral third party.
- Trial: If all attempts at settlement fail, your case may proceed to trial. Your lawyer presents the case in court, and a judge or jury determines the outcome.
Judgment and Compensation: If successful, the court issues a judgment in your favor. Compensation is awarded based on the damage suffered, as determined by the court.
Compensation Types for Bicycle Accidents
- Medical Expenses: Coverage for all reasonable and necessary medical treatments related to the accident, including hospital bills, surgeries, medications, and rehabilitation.
- Lost Wages: Compensation for income lost due to the inability to work during recovery, including past and future earnings.
Pain and Suffering: Damages for the physical and emotional distress caused by the accident, including pain, anxiety, and reduced quality of life.
Do You Have to Hire a Rhode Island Bicycle Accident Lawyer?​
You are not legally required to hire a Rhode bicycle accident lawyer. Yet, doing so can be beneficial for several reasons.
First, a Rhode Island bicycle accident attorney knows the state’s laws. This lawyer can determine what laws were violated and help you pursue financial compensation from those responsible for your accident.
Moreover, a bicycle accident lawyer has your best interest at heart. The attorney wants you to receive fair compensation if you experience physical or emotional trauma due to your bicycle accident. Your lawyer will do their part to help you achieve the best possible case results.
What to Expect After a Rhode Island Bicycle Accident​
A Rhode Island bicycle accident can become costly and time-intensive. This is because the accident can cause problems that extend beyond the incident itself.
If you experience personal injuries due to your bicycle accident, you may need regular doctor’s appointments and treatments. These can be expensive. They can also force you to miss work, and experience lost wages.
A driver’s insurance company may reach out to you after a Rhode Island bicycle accident in an effort to get you to accept a settlement agreement.
If you have concerns or questions about what to do after a Rhode Island bicycle accident, consult with an attorney. Then, you can receive legal help as you try to move forward from your accident.
FAQs​
Can anyone file a personal injury lawsuit following a bicycle accident in Rhode Island?​
You are eligible to file a lawsuit against anyone responsible for a personal injury you sustained from a bicycle accident.
How much money can I get in a Rhode Island bicycle accident lawsuit?​
Rhode Island does not place caps on damages you can receive in a bicycle accident lawsuit. A bicycle accident attorney can help you determine the right amount to pursue in financial damages.
Can I get compensation for the pain and suffering caused by a bicycle accident in Rhode Island?​
You can pursue economic and non-economic damages when you file a bicycle accident claim in Rhode Island. Economic damages include compensation for lost wages and medical expenses. Non-economic damages include compensation for pain, suffering, and emotional trauma.
How long will it take to settle a Rhode Island bicycle accident lawsuit?​
A typical bicycle accident lawsuit can take many months or years to resolve. There are also instances in which a bicycle accident lawsuit gets resolved before it goes to court.
How much does it cost to hire a Rhode Island bicycle accident attorney?​
The cost to hire a personal injury attorney in Rhode Island varies. In most cases, law firms that handle bicycle accident cases charge their clients on a contingency fee basis, which means they are paid only if you win or settle your case.
Get in Touch with Our Rhode Island Bicycle Accident Attorneys
A bicycle accident can damage your physical, mental, and financial health. Fortunately, you can partner with a first-rate attorney who can help you get financial compensation from those who caused your Rhode Island bicycle accident.
The bicycle accident attorneys at Marasco & Nesselbush deliver proven results. Over the years, we have helped clients secure over $100 million in settlements in personal injury cases. Our attorneys can help you win or settle your bicycle accident case and get the maximum compensation amount.
With law offices in Providence, Wakefield, Warwick, and Woonsocket, we are available to discuss your bicycle accident case and help you pursue compensation from at-fault parties. For more information, please contact us online or call us at (401) 252-0608.
“For anyone who is really looking for a team of Attorneys that will fight for you every second of the way, this here is the team you want and need in your corner. Attorney Ryan Kelley and his team helped me through such a difficult time after my accident. The stress of thinking what happens next was lifted off my shoulders.
Communication is key for me, and my M&N team was on point with the level of communication they provided. The get-well cards and flowers after surgery were just a special touch that brightened my day. I wasn’t treated like another number or another case, they really made me feel like family. They really care for you and your wellbeing. Words will never express but I will forever be grateful for all they have done for me. Thank you !!!!!”
Heather P.
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