Rhode Island Drunk Driving Accident Lawyer

When a driver gets behind the wheel while under the influence of alcohol, they’re knowingly endangering the lives of other road users. If you’ve sustained injuries from a drunk driving accident, you can file a lawsuit to hold the responsible party accountable and protect your civil rights. Start by scheduling a free consultation with the award-winning Rhode Island car accident lawyers lawyers at Marasco & Nesselbush to learn how you can find justice.

Steps to Take Immediately After a Drunk Driving Accident

If you or a loved one has been involved in a drunk driving accident, the immediate actions you take can significantly impact your safety and legal rights. As legal professionals at Marasco & Nesselbush Law Offices, we recommend the following steps to ensure your wellbeing and strengthen your legal position:

  1. Ensure Safety First:
  • Move to a safe location, if possible, away from traffic.
  • Check yourself and others for injuries. Prioritize medical attention if needed.
  1. Call 911:
  • Report the accident immediately. Law enforcement’s report will be crucial in your legal case.
  • Be factual in your description of the incident. Avoid speculation or admitting fault.
  1. Gather Evidence:
  • Take photos of the accident scene, including vehicle positions, damages, and any visible injuries.
  • Collect contact and insurance information from all parties involved.
  1. Seek Medical Attention:
  • Even if you feel fine, some injuries are not immediately apparent. A medical report provides essential documentation for your case.
  • According to the National Highway Traffic Safety Administration, in 2020, 28% of traffic fatalities were due to alcohol impairment. Prompt medical care is critical.
  1. Contact a Drunk Driving Accident Lawyer:
  • Seek legal advice before making any statements or signing documents.
  • Marasco & Nesselbush DUI accident attorneys can guide you through Rhode Island’s legal intricacies and protect your rights.
  1. Do Not Discuss Fault:
  • Avoid discussing fault at the scene or with insurance representatives without legal advice.
  1. Keep Detailed Records:
  • Document all medical treatments, missed workdays, and other impacts on your life due to the accident.
  1. Avoid Posting on Social Media About the Accident:
  • Posts can be misinterpreted and used against you in legal proceedings.

At Marasco & Nesselbush, we understand the emotional and physical toll of a drunk driving accident. Our legal team provides expert guidance and support to navigate these challenging times. Contact us for a comprehensive legal assessment of your case and to understand your rights and options in Rhode Island.

Understanding Your Legal Rights After a Drunk Driving Accident

If you’ve been involved in a drunk driving accident, knowing your legal rights is paramount. At Marasco & Nesselbush Law Offices, we are committed to empowering our clients with the knowledge and legal guidance they need to navigate these challenging situations. Here’s an overview of the key legal rights and considerations in Rhode Island:

  • Right to Compensation:
    • Victims have the right to seek compensation for damages resulting from a DUI accident. This includes medical expenses, lost wages, pain and suffering, and more.
    • Rhode Island law allows for punitive damages in cases of gross negligence, such as drunk driving.
  • Statute of Limitations:
    • In Rhode Island, there is a specific timeframe within which you can file a lawsuit. Typically, this is three years from the date of the accident, but exceptions can apply.
  • Comparative Fault Laws:
    • Rhode Island follows a ‘pure comparative negligence’ rule. This means that if you are partially at fault, your compensation might be reduced by your percentage of fault.
  • DUI Criminal Proceedings:
    • A DUI charge against the other driver is separate from your civil claim for damages. However, a conviction can be advantageous in your civil case.
  • No-Fault Insurance:
    • Rhode Island is not a no-fault state. This means you can file a claim against the driver responsible for the accident.
  • Liquor Liability:
    • Under Rhode Island’s Liquor Liability Act, you may also have a claim against a business or individual who served alcohol to the impaired driver.
  • Uninsured/Underinsured Motorist Coverage:
    • If the at-fault driver lacks sufficient insurance, your own policy might cover additional costs under uninsured/underinsured motorist protection.
  • Legal Representation:
    • You have the right to legal representation to help navigate these complexities. A knowledgeable drunk driving accident attorney can significantly influence the outcome of your case.

Remember, each drunk driving case is unique, and laws frequently change. Staying informed about your rights and the legal landscape is critical. At Marasco & Nesselbush, our experienced DUI accident lawyers are here to provide tailored legal advice and robust representation to ensure your rights are upheld.

Damages You Can Recover From a Drunk Driver After a Car Accident

The recklessness associated with drunk driving means that the resulting injuries and property damage are likely to be serious. A Rhode Island drunk driving accident lawyer will investigate all aspects of the case to ensure you receive the maximum compensation for your damages.

  • Economic damages: These are the quantifiable expenses you’ve incurred from the accident, including current and future medical treatment bills, prescription drug costs, lost wages, property damage, rehabilitation costs, and survivor benefits in wrongful death cases.
  • Non-economic damages: These cover the harder-to-quantify losses resulting from the accident, such as pain and suffering, psychological trauma, and the loss of the ability to enjoy life activities.

Punitive damages: Damages awarded by a judge to punish the defendant are common in drunk driving cases because a majority involve intentional and egregiously negligent actions.

How to Choose the Right Attorney for Your Drunk Driving Accident Case

Selecting the right attorney for your drunk driving accident case is a critical decision that can significantly impact the outcome of your case.

  • Specialization in Drunk Driving Cases:
    • Look for attorneys who specialize in DUI accident cases. Specialization ensures they are familiar with the nuances of DUI laws and have experience handling similar cases.
  • Track Record of Success:
    • Research their past case results, particularly in drunk driving cases. A successful track record indicates their capability to handle your case effectively.
    • Client testimonials and reviews can provide insights into their success and client satisfaction.
  • Understanding of State Laws:
    • Choose an attorney well-versed in Rhode Island’s specific DUI laws and regulations. Local expertise is vital for navigating state-specific legal intricacies.
  • Communication Skills:
    • Your attorney should be an excellent communicator, keeping you informed and making complex legal terms understandable.
    • Regular updates and accessibility are key indicators of good communication.
  • Personalized Approach:
    • Look for a law firm that offers personalized attention to your case. Each drunk driving accident case is unique, and personalized strategies are more likely to yield favorable outcomes.
    • A one-size-fits-all approach is not effective in the diverse scenarios presented by DUI cases.
  • Resources and Support:
    • Assess if the attorney has adequate resources, including support staff and expert witnesses, to handle your case thoroughly.
  • Comfort and Trust:
    • It’s essential to feel comfortable with your DUI accident attorney. Trust your instincts about their sincerity and commitment to your case.

At Marasco & Nesselbush, we pride ourselves on meeting these criteria and offering dedicated, expert legal support in DUI accident cases. Our specialized knowledge, combined with a commitment to personalized client care, positions us to effectively advocate for your rights and secure the best possible outcome.

Rhode Island’s Liquor Liability Act and Drunk Driving Lawsuits

The Rhode Island Liquor Liability Act places a responsibility on establishments and their staff members when an individual they’ve overserved alcohol to causes an accident. The statute’s dram shop laws allow a drunk driving accident victim to hold a bar responsible for injuries caused by a patron they overserved.

However, you must prove that the bartender knowingly continued to serve alcohol to a visibly intoxicated customer who later hit you with their car. An establishment can also be held liable for selling alcohol to a person under the age of 21 knowingly or without asking for identification.

An attorney will conduct a thorough investigation to exhaust all avenues of compensation for your damages.

Contact a Rhode Island Car Accident Lawyer Today

When a drunk driver causes an accident and leaves you with serious injuries, you need a skilled legal team to help you pursue justice. At Marasco & Nesselbush, our dedicated Rhode Island drunk driving accident lawyers take over the legal burden of seeking compensation for your damages as you focus on recovering. We will represent your case with honesty, integrity, passion, and intelligence.

Our record of successful verdicts and satisfied clients is a testimony to the effectiveness of our work. Contact us by calling (401) 443-2999 or filling out our online email form to schedule a free and confidential consultation with a trusted attorney.

Rhode Island Drunk Driving Accident Lawyer FAQ ​

How long do you have to sue after being hit by a drunk driver in Rhode Island?

Rhode Island’s statute of limitations for filing a drunk driving lawsuit is three years from the accident date. Although there are minor exceptions, the court is likely to bar you from initiating any civil action after this period has passed.

Is Rhode Island a No-Fault State For Car Accidents?

No. Rhode Island is an at-fault state for all auto accident cases. This means any person who causes an accident due to intoxicated driving, speeding, disobeying traffic rules, or other negligence is responsible for compensating victims for their damages. The state’s pure comparative negligence laws also allow victims to receive compensation even if they were partly responsible for the accident, regardless of their degree of fault.

What Is the Average Settlement for a Drunk Driving Accident in Rhode Island?

A drunk driving accident settlement can range from a few thousand to millions of dollars, depending on the damages suffered. Experienced drunk driving accident attorneys can evaluate your economic and non-economic damages and calculate the total amount to cover all your losses. An attorney can also identify those who may share responsibility for your injuries, such as other drivers, bartenders, and bar owners.

Is there a cap on the amount of damages I can pursue in a drunk driving accident lawsuit?

Rhode Island does not cap the amount you can seek as compensation for car accident damages. If your damages exceed the responsible party’s car insurance policy limits, you can pursue compensation from their personal assets. If you purchased underinsured motorist coverage, you could also pursue a claim under your own policy.

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Kimberly M.
Kimberly M.
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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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I’ve felt comfortable and have built trust with them. They work hard and it shows. I am super thankful to have worked with them.
Tev I.
Tev I.
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Not many were willing to take this unique case on, but M&N and my attorney has earned my respect and gratitude for their efforts. Thank you, again!
Teague J.
Teague J.
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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!
Ann B.
Ann B.
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Everyone at Marasco & Nesselbush has provided me with superb attention and support throughout my case and time with them. I was so grateful for their professionalism and care. Thanks and much appreciation!
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When an accident happens, it's hard enough to get through that, then trying to find a great lawyer to help is even harder, but y'all made the whole process easy, and provided comfort and understanding. You also provided ease and determination with no back down attitudes. I will definately be recommending and will always be appreciative for the care you showed my son and my self! Thank you!
Chris A.
Chris A.
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Ryan and his team were very polite and knowledgeable. Most importantly they were extremely responsive whenever I had questions or concerns through out the entire process. Certainly would recommend to a family member or friend.