Rhode Island Distracted Driving Accident Lawyer

In Rhode Island, the consequences of distracted driving are not just statistics—they are real stories of loss and struggle. According to the National Highway Traffic Safety Administration, 3,522 people were killed, and an estimated additional 362,415 people were injured in motor vehicle traffic crashes involving distracted drivers. 

 

Rhode Island Cell Phone Laws​

As technology becomes a more significant part of our daily routine, the connection between driving safety and mobile device use is becoming a major concern. Rhode Island, like many other states, has enacted specific laws to address the challenges posed by cell phone usage while driving.

  • Prohibition of Mobile Device Use: Rhode Island law prohibits the use of mobile electronic devices while driving unless hands-free capability is employed. This law applies to all drivers in the state.
  • Strict Restrictions for Minor Drivers: Drivers who are minors are not allowed to use any mobile electronic device while driving, regardless of whether the device has hands-free capability.
  • Hands-free Law: Rhode Island implemented a hands-free law in June 2018, which mandates that drivers cannot hold a cell phone or other wireless devices while operating a vehicle. This includes when the car is in motion and when stopped at traffic signals.
  • Allowable Use of Hands-free Systems: The law allows drivers to use in-car or other hands-free systems, often utilizing Bluetooth technology. This law is enforced even when the vehicle is stationary at traffic lights or stop signs.
  • Enforcement and Penalties: If a police officer observes a driver holding and using a phone, the driver can be pulled over and fined up to $100.

Types Of Distractions That Can Cause A Distracted Driver Accident​

Driving distractions take three forms: visual, physical, and cognitive.

  • Drivers using cell phones experience visual distraction when their eyes are taken off the road to dial, read a text or answer a call.
  • When a driver’s hand is taken off the wheel to answer a call, dial a number or type a text message, a physical distraction occurs.
  • A cognitive distraction occurs when a driver pays attention to the cell phone rather than the road.

Specific Examples of Distracted Driving Include:

  • using a cell phone to call or text someone;
  • putting on makeup;
  • using a GPS;
  • changing the radio or CD;
  • eating or drinking;
  • talking to others in the vehicle;
  • watching a video and
  • reading maps.

Specific Examples Of Distracted Driving Include:​

Driving distractions take three forms: visual, physical, and cognitive.

  • Drivers using cell phones experience visual distraction when their eyes are taken off the road to dial, read a text or answer a call.
  • When a driver’s hand is taken off the wheel to answer a call, dial a number or type a text message, a physical distraction occurs.
  • A cognitive distraction occurs when a driver pays attention to the cell phone rather than the road.

Specific Examples of Distracted Driving Include:

  • using a cell phone to call or text someone;
  • putting on makeup;
  • using a GPS;
  • changing the radio or CD;
  • eating or drinking;
  • talking to others in the vehicle;
  • watching a video and
  • reading maps.

Car Accidents Caused By Texting And Driving​

distracted driving accident attorney - distracted driver accident

One of the most recognized cell phone distractions involves talking or texting while driving. Distracted driving has reached epidemic levels in Rhode Island and across the country. At any given moment in the United States, there are 660,000 vehicles driven by someone using a handheld cell phone. 

Text messaging involves visual, manual and cognitive distraction. It is one of the most dangerous tasks a driver can perform behind the wheel.

While sending a text message, a driver typically takes their eyes off the road for at least 5 seconds. When traveling at highway speeds, this equates to driving the length of a football field without looking at the road. Texting and driving make a crash up to 23 times more likely to occur.

Rhode Islanders who use cell phones behind the wheel put other motorists in danger. It is illegal to text and drive in Rhode Island. Any cell phone use while driving may cause an accident.

Answering a call, placing a call and continuing to talk while driving cause manual and cognitive distractions. Dialing, for example, nearly triples the risk of crashes, while reaching for a device increases the risk of a crash 1.4 times. Talking or listening increases crash risk 1.3 times.

Hands-free cell phone devices, which are supposed to be less dangerous for drivers, have been found to be no safer than handheld phones.

Distracted Driving And Truckers

Interstate truck and bus drivers are prohibited by federal law from operating their vehicles while using handheld cell phones. Unfortunately, not every driver obeys these rules. Accidents still occur in Rhode Island involving truckers who were distracted by cell phones.

Truckers may become involved in crashes when using other electronic devices in their vehicles, such as navigation systems, or when distracted by activities such as eating, smoking, grooming, adjusting vehicle controls or even just daydreaming.

A truck driver is considered an agent of their employer while at work. Therefore, trucking companies may also be held legally liable for New England truck crashes caused by distracted driving. You may take action against the trucking company based solely on the fact that the trucker was negligent while on duty or based on an argument that the trucking company was unreasonably careless. For example, a trucking company without a policy on employee phone use could be considered legally liable based on the company’s own failures.

An experienced attorney can investigate a truck accident and if, distracted driving is a contributing factor, gather the evidence needed to build a case against the truck driver and other potentially responsible parties

CLIENT TESTIMONIALS

a father and mother reading a book to their two childrenFor 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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Legal Aspects of Distracted Driving Accidents

It is crucial to delve into the legal complexities that these cases entail. We are committed to providing our clients with an in-depth understanding of the legal landscape surrounding distracted driving accidents in Rhode Island.

How to Prove Distracted Driving Was the Cause of Your Accident

Because distracted driving is so dangerous, you may be able to recover compensation for your injuries if you can prove that the driver who caused the collision was focused on something other than driving. The evidence needed to support a claim involving distracted driving may be found in sources such as:

  • Police reports.
  • Citations issued to truckers for handheld phone use in violation of federal or state law.
  • Phone records showing a driver was texting or talking at the time of the accident.
  • Witness statements indicating that the trucker was distracted.
  • An admission from the truck driver that they weren’t focused on the road.
  • Reports from an accident reconstruction expert indicating that distraction was the likely cause of the crash.

Legal Rights and Options Post-Accident

After a distracted driving accident, it’s crucial to understand your legal rights and the options available to you. At Marasco & Nesselbush Law Offices, we empower our clients with the knowledge and guidance necessary to navigate the aftermath of such a traumatic event. Understanding your rights is the first step towards ensuring that justice is served and you receive the compensation you deserve.

Understanding Your Legal Rights

Victims of distracted driving accidents have specific legal rights under Rhode Island law. These include, but are not limited to:

  • The right to seek compensation for medical expenses incurred due to the accident.
  • The right to claim damages for lost wages if the accident impacts your ability to work.
  • The right to compensation for pain and suffering caused by the accident.
  • The right to file a lawsuit against the distracted driver for negligence.

It’s important to note that Rhode Island operates under a ‘fault’ system for auto accidents. This means that the person who is at fault for the accident is responsible for compensating anyone harmed by the accident. Understanding this system is crucial in formulating your approach to seeking justice.

Options Available to You Post-Accident

After a distracted driving accident, you have several options:

  • Insurance Claim: You can file a claim with the at-fault driver’s insurance company. It’s vital to understand that dealing with insurance companies can be challenging, and they may often try to minimize the compensation.
  • Personal Injury Lawsuit: If a fair settlement cannot be reached through insurance claims, you have the option to file a personal injury lawsuit. This step involves taking legal action against the driver responsible for the accident.
  • Out-of-court Settlement: In some cases, an out-of-court settlement can be reached. This typically involves negotiations between your attorney and the other party, aiming for a fair compensation amount without going to trial.

At Marasco & Nesselbush Law Offices, we provide expert guidance on each of these options. Our approach is tailored to each client’s unique situation, ensuring the best possible outcome.


Rhode Island Distracted Driving Lawyer Dedicated to Personal, Social, And Economic Justice

An auto collision shakes a person’s life, forcing them to adjust to changes they hadn’t anticipated. A person injured in a car collision may lose months, if not years, of wages, in addition to paying steep medical bills for hospital stays or physical therapy. In addition to these challenges, the insurance companies can be uncooperative and intimidating. Their representatives are trained to limit their losses by paying out as little as possible in settlements.

The Rhode Island car accident lawyers at Marasco & Nesselbush have decades of legal experience in personal injury law and helping people who have been injured litigate auto insurance claims. We cannot undo the injuries that you have suffered, but we can make sure that whoever caused the accident is held accountable.

Our Rhode Island car accident lawyers are familiar with the many tactics insurance companies employ to deny you the fair compensation you deserve. Please call our firm today at 401-289-1583 to find out more about how we can help you. We are committed to achieving extraordinary results for each of our clients.

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They work very hard on your behalf and will always return emails and phone calls. More than that, they will regularly reach out to give you updates on your case or to check in and see how you are doing. On a scale of 1 - 10: if I could give you 10+ I would! They have been wonderful!!
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Marasco & Nesselbush has the best team in their industry! I was treated professionally from the beginning to end. There was no question or concern that was not meet with a timely and satisfying answer. Even when I had small needs outside of my case. I HIGHLY recommend this team of professionals. Their values and determination can not be beat!
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FAQs

What should I do immediately following a distracted driving accident?

Immediately following an accident, prioritize your safety and health. Call 911 if there are any injuries and report the accident to the police. Document the scene with photos and gather contact information from witnesses. It’s also advisable to seek medical attention, even if you feel fine, as some injuries may not be immediately apparent.

 

Can I pursue a claim if the distracted driver wasn’t texting but was otherwise distracted?

Yes, you can. Distracted driving is not limited to texting. It includes any activity that diverts attention from driving, such as using a navigation system, eating, or interacting with passengers. If these distractions contributed to the accident, you might have grounds for a claim.

 

How long does a distracted driving accident lawsuit typically take in Rhode Island?

The duration of a lawsuit can vary depending on the complexity of the case, the cooperation of the involved parties, and the court’s schedule. Some cases are resolved in a matter of months, while others may take years. Your attorney can provide a more specific timeline based on the particulars of your case.

 

What if the distracted driver’s insurance company contacts me for a statement?

It’s generally recommended not to provide a statement to the other party’s insurance company without consulting your lawyer. Insurance adjusters might use your statement to minimize the payout. Always discuss with your attorney before communicating with the insurance company.

Can I still recover damages if I was partially at fault for the accident?

Rhode Island follows a comparative negligence rule, meaning you can still recover damages if you’re partially at fault, but your percentage of fault will reduce your compensation. For example, if you’re found to be 20% at fault, your compensation would be reduced by 20%.

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