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Marasco & Nesselbush Represents People Injured in Wakefield Car Accidents
A car accident in Wakefield can leave you dealing with medical appointments, vehicle repairs, missed work, and an insurance adjuster asking questions before you know how long your recovery will take.
When another driver disputes fault or your symptoms worsen after the crash, even a seemingly straightforward insurance claim can become difficult to resolve.
Rhode Island law allows people hurt by someone else’s negligence to bring a personal injury claim seeking medical expenses, lost income, pain and suffering, and other losses supported by the evidence.
At Marasco & Nesselbush, our Wakefield car accident lawyers represent drivers, passengers, and families hurt in collisions throughout South Kingstown and South County, including accident victims facing disputed liability, serious injuries, and insurance coverage questions.
We have represented injured Rhode Islanders since 1999 and recovered more than $500 million for clients across our practice areas.
Our Wakefield office at 231 Old Tower Hill Road, Suite 206 serves South Kingstown and nearby South County communities.
If you or a loved one was hurt in a Wakefield car accident, contact us for a free, no obligation consultation about your injuries, insurance coverage, and legal options, or use the chat feature to request assistance.
We represent qualifying car accident clients on a contingency fee basis, with no attorney fee unless compensation is recovered.
Why Choose Marasco & Nesselbush After a Wakefield Car Accident?
A serious injury claim can depend on more than establishing which vehicle struck another.
An insurance company may dispute the driver’s responsibility, question whether medical treatment was necessary, or challenge the future consequences of an injury.
Our attorneys have handled motor vehicle claims involving disputed fault, expert medical evidence, extensive trial preparation, and recovery through multiple insurance policies.
Our attorneys have secured the following motor vehicle recoveries and bring substantial Rhode Island litigation experience:
- $4.5 million in a disputed-liability car accident case: Founding partner Joseph Marasco and attorneys Mark Grimm and Thomas Moran represented a person who suffered a traumatic brain injury in a car crash. The defendants denied responsibility, and the claim settled for $4.5 million shortly before trial after extensive discovery and expert preparation.
- $1.25 million for a young passenger with a brain injury: Joseph Marasco and Thomas Moran obtained a policy-limits recovery after a speeding driver lost control and struck a guardrail. Our team worked with medical specialists to document the passenger’s lasting cognitive injuries and arranged for a structured settlement and trust to help provide long-term financial support.
- $1.425 million following a fatal high-speed crash: We secured an arbitration recovery for the family of a teenager after a collision involving alleged reckless driving. The recovery involved the driver’s liability coverage and two underinsured motorist policies.
- A $2.5 million Rhode Island fatal pedestrian recovery: Our attorney Timothy Lynch and legal assistant Ysmelda Madera obtained witness accounts, police records, and surveillance footage that challenged an initial account of a fatal motor vehicle collision. Their investigation helped secure a $2.5 million settlement for the family.
- Rhode Island trial leadership and local access: Joseph Marasco leads our personal injury practice, previously served as president of the Rhode Island Association for Justice, and has been recognized by Best Lawyers since 2018 and selected to Super Lawyers. Our attorneys bring more than 350 years of combined legal experience across our practice areas, and we offer English- and Spanish-language assistance through our offices, including Wakefield and Providence.
These recoveries involved distinct injuries and facts and do not predict the amount or outcome of another case.
How Can a Wakefield Car Accident Lawyer Help With Your Claim?
After a collision, the other driver’s insurer may request a recorded statement or medical authorization while you are still receiving care.
An early offer can also be difficult to evaluate if further testing, physical therapy, surgery, or time away from work may be necessary.
An experienced car accident attorney can examine liability, medical evidence, insurance coverage, and the consequences of accepting or rejecting a settlement offer.
Depending on the circumstances, a car accident claim may involve:
- Investigating fault: Reviewing collision reports, witness statements, photographs, camera footage, vehicle damage, and traffic laws to determine how the impact occurred.
- Identifying responsible parties: Examining the conduct of each driver and whether a vehicle owner or employer may also bear legal responsibility.
- Reviewing available insurance: Considering the at-fault driver’s liability insurance alongside potentially applicable uninsured or underinsured motorist coverage and medical-payments benefits.
- Documenting the injuries: Reviewing medical treatment, work restrictions, rehabilitation needs, and financial losses caused by the crash, including supported future expenses.
- Addressing negotiations and litigation: Assessing whether an offer is a fair settlement and, when appropriate, pursuing legal action through discovery, settlement discussions, or trial.
Our attorneys also explain the legal process when a disputed claim moves into the Rhode Island civil legal system, including discovery, witness testimony, and trial preparation.
Injured and not sure what your case is worth? Find out for free.
What Should You Do After a Car Accident in Wakefield?
Get medical attention for injuries or concerning symptoms, even when you initially feel able to leave the scene.
Protecting your safety takes priority over collecting evidence, particularly on a busy road or at an intersection.
If you can do so safely, take these steps after a collision:
- Stop and seek emergency help: Call 911 if anyone is injured or there is an immediate hazard, and follow directions from the responding officer.
- Move out of danger when possible: If the vehicles can be moved safely and the circumstances permit, move to a safer location without placing anyone at further risk.
- Exchange information: Obtain the other drivers’ names, contact details, vehicle registrations, and insurance information, and avoid guessing about fault at the scene.
- Photograph the collision: Record vehicle damage, traffic signs, signal locations, road conditions, and other relevant details, but do not interfere with emergency response.
- Identify witnesses: Save contact details for anyone who saw the crash, including people who were not riding in either vehicle.
- Keep treatment and financial records: Save discharge instructions, bills, prescriptions, repair estimates, proof of missed work, and communications from insurers.
- Review settlement paperwork carefully: Report the claim as required by your policy, but seek legal help before signing a broad medical authorization or a final release of claims if the injury or responsibility is disputed.
The Rhode Island Division of Motor Vehicles advises drivers to report collisions to police and seek assistance when people are injured.
Under R.I. Gen. Laws § 31-26-6, drivers must also submit a written DMV report within 21 days after a crash that causes an injury, a death, or more than $1,000 in property damage to any one person.
Obtaining a police report does not necessarily replace the driver’s separate reporting responsibility.
Where Do Car Accidents Occur in Wakefield and South Kingstown?
Main Street, Kingstown Road, Old Tower Hill Road, and Route 1 are among the major roads used by drivers traveling through Wakefield and South Kingstown.
These roads connect residential neighborhoods, shopping areas, restaurants, and other local businesses, with additional traffic from visitors traveling to South County’s beaches and coastal communities.
Intersections, business entrances, and parking lots are common settings for rear-end collisions, unsafe turns, and crashes involving drivers entering or crossing traffic.
One notable location is Dale Carlia Corner, near the intersection of Old Tower Hill Road and Route 108 (Kingstown Road).
The Rhode Island Department of Transportation completed roadway and pedestrian safety improvements in this area, including upgraded traffic signals, crosswalks, wider sidewalks, and bicycle lanes.
Drivers traveling through Wakefield may also encounter congestion near commercial entrances and increased traffic during the summer tourism season.
Whether a collision occurs on Main Street, near a Route 1 interchange, or in a local parking lot, the circumstances of the crash determine who may be responsible for the resulting injuries.
What Causes Car Accidents in Wakefield?
Many car accidents result from preventable driving mistakes, including distracted driving, speeding, unsafe turns, and failure to yield.
These behaviors can cause rear-end collisions, intersection crashes, and other accidents on roads throughout Wakefield and South Kingstown.
Common causes of car accidents include:
- Distracted driving: Drivers checking a cell phone, adjusting navigation, or looking away from the road may fail to notice stopped vehicles, pedestrians, or changing traffic signals.
- Speeding or driving too fast for conditions: Exceeding the speed limit or failing to slow down for heavy traffic, rain, or poor road conditions increases stopping distances and reduces the time available to avoid a collision.
- Failure to yield: Drivers who turn left across oncoming traffic, ignore stop signs, or enter an intersection without yielding can cause serious side-impact crashes.
- Following too closely: Tailgating leaves insufficient room to stop when another vehicle brakes suddenly, increasing the risk of rear-end collisions.
- Impaired or fatigued driving: Alcohol, drugs, and drowsiness can impair judgment, attention, coordination, and reaction time.
- Unsafe lane changes and backing: Failing to check blind spots, use mirrors, or watch for approaching vehicles can cause collisions on busy roads and in parking lots.
A driver does not need to receive a traffic citation to be held responsible for causing an accident.
If another driver’s negligence caused your injuries, you may have grounds to pursue compensation under Rhode Island law.
Types of Car Accident Claims
Different collision patterns create different questions about visibility, right of way, impact sequence, and available evidence.
Car accident claims may involve:
- Rear-end collisions: Following distance, sudden braking, vehicle speed, and witness accounts may be disputed, especially when more than two vehicles are involved.
- Intersection and T-bone crashes: Signal timing, turning movements, crosswalks, and driver sight lines may determine which vehicle had the right of way.
- Head-on collisions: Lane departures, impaired driving, unsafe passing, and possible road conditions may require examination.
- Low-speed and parking-lot crashes: Limited vehicle damage does not establish that an occupant was uninjured, but medical evidence is still needed to connect symptoms to the impact.
- Hit-and-run accidents: Witnesses, available video, and the injured person’s insurance policy may be important when the responsible driver cannot be identified.
- Multi-vehicle collisions: Damage patterns and impact timing may help determine whether more than one driver contributed to the injuries.
Crashes involving commercial trucks or rideshare vehicles can raise additional insurance and employment questions.
We also represent clients in truck accident and Rhode Island Uber and Lyft accident claims.
Who Can Be Responsible for a Wakefield Car Accident?
The driver whose negligence caused the crash is often the principal defendant, but some claims involve other legally responsible parties.
Potential responsibility may extend to:
- Other drivers: A driver whose distraction, impaired operation, failure to yield, or other negligent conduct caused the collision.
- Vehicle owners: Under R.I. Gen. Laws § 31-33-6, qualifying use of a vehicle on a public highway with an owner’s consent can create agency-based owner liability, subject to the statutory financial-responsibility exception.
- Employers: A business may be liable for qualifying negligent driving by an employee acting within the scope of employment.
- Vehicle or component manufacturers: A brake, tire, steering, or other defect may support a separate product liability claim when it caused or worsened the injuries.
- Government entities: Certain roadway conditions or failures may support a claim against a public body, subject to special requirements and limits.
An insurance company ordinarily handles a claim under a policy rather than becoming a defendant merely because its insured driver caused the crash.
Separate uninsured motorist claims and specific statutory exceptions may involve direct proceedings against an insurer.
Rhode Island Car Accident Laws and Insurance Rules
A Rhode Island car accident claim is ordinarily fault-based: an injured person must establish the other driver’s negligence, resulting harm, and recoverable losses to obtain compensation.
Can I Recover Compensation if I Was Partly at Fault?
Under R.I. Gen. Laws § 9-20-4, Rhode Island follows pure comparative negligence.
An injured person’s award is generally reduced by the percentage of negligence attributed to that person rather than automatically barred by partial fault.
If otherwise recoverable damages are $100,000 and the injured person is found 25% responsible, the award would generally be reduced to $75,000.
An insurer’s initial fault assessment does not determine how responsibility will ultimately be allocated, and a personal injury lawyer can explain how the comparative negligence rule applies to the specific collision.
Rhode Island Minimum Car Insurance and Uninsured Motorist Coverage
Under R.I. Gen. Laws § 31-47-2, Rhode Island’s standard minimum auto liability policy provides $25,000 per injured person, $50,000 per accident for injuries to multiple people, and $25,000 for property damage, or a qualifying $75,000 combined single limit.
These figures are minimum policy limits, not caps on the actual harm an injured person may suffer.
Rhode Island’s uninsured motorist statute, § 27-7-2.1, generally provides bodily injury uninsured and underinsured motorist coverage corresponding to the insured’s liability limits, with permitted written elections of lower limits and a limited option to reject coverage when purchasing only minimum liability insurance.
Where bodily injury UM/UIM coverage is in force, its limits generally cannot be selected below the statutory bodily injury minimums.
An uninsured driver, underinsured driver, or qualifying hit-and-run collision does not automatically establish that a particular policy will pay; the coverage terms and facts must be reviewed.
The state’s medical-payments statute, § 27-7-2.5, provides for at least $2,500 per person and $5,000 in the aggregate, although the named insured may reject that coverage in writing.
How Long Do I Have to File a Car Accident Lawsuit?
The statute of limitations is three years in Rhode Island for most personal injury lawsuits, including car accident injury claims. Under R.I. Gen. Laws § 9-1-14, that period generally starts when the claim accrues, ordinarily on the accident or injury date.
Different deadlines, exceptions, or notice requirements may apply to claims involving minors, government entities, and other specific circumstances.
Car accident laws and statutes of limitations vary by state; if the crash happened in Massachusetts, its deadlines and insurance rules must be considered separately from Rhode Island law.
A fatal collision may support a wrongful death claim subject to separate filing and estate requirements under R.I. Gen. Laws § 10-7-2.
Ongoing insurance negotiations do not necessarily extend the time for filing a lawsuit.
What Injuries and Damages Can Be Included in a Car Accident Claim?
The medical consequences of a crash may extend beyond an emergency room visit, especially where neck, back, or brain injuries require further assessment.
Car accidents can cause concussions, traumatic brain injuries, fractures, herniated discs, spinal cord injuries, internal injuries, and soft tissue damage.
Some injuries require surgery, physical therapy, or long-term assistance, while others improve with time and appropriate treatment.
The extent of visible vehicle damage alone cannot establish the severity of an occupant’s injury or the need for future treatment.
Depending on the evidence, recoverable losses may include:
- Past medical expenses: Emergency treatment, imaging, hospitalization, surgery, rehabilitation, prescriptions, and other treatment attributable to the collision.
- Future medical care: Reasonably supported therapy, additional procedures, mobility equipment, and care needs associated with lasting injuries.
- Lost wages and earning capacity: Income missed during recovery and reductions in future earnings when a person cannot return to the same work.
- Pain and suffering: Physical discomfort, emotional distress associated with the injury, disfigurement, and lost enjoyment of activities and family life.
- Property and other expenses: Vehicle repair or replacement and other accident-related financial losses recoverable under applicable law.
When a collision causes a death, the appropriate estate representative may bring a wrongful death claim to recover damages permitted by Rhode Island law.
We pursue compensation for the losses supported by the evidence, including future treatment and reduced earning capacity where an injury has lasting consequences.
Whether you can receive fair compensation depends on fault, medical causation, available insurance, and other factors established by the evidence.
Talk to a lawyer and get a free case evaluation today.
Dealing With Insurance Companies After a Wakefield Car Accident
The other driver’s insurer may seek a recorded statement, request access to medical records, or offer payment before the injured person knows whether further treatment will be necessary.
Insurers may dispute the cause of the crash, question medical expenses, or argue that a preexisting condition accounts for some of the symptoms.
Some injury claims receive offers below what the documented losses support, particularly when an insurer seeks a quick resolution before the prognosis is clear.
A proposed settlement should be evaluated against documented losses, applicable insurance limits, and the legal rights the injured person would release in return for payment.
An early offer may not account for all recoverable losses, especially when treatment is ongoing or an injury prevents a return to work. The compensation you deserve under Rhode Island law depends on the evidence, not simply an insurer’s initial valuation.
Before accepting a settlement, consider whether:
- The medical condition and expected course of recovery are sufficiently understood.
- Any ongoing therapy, future procedures, or work restrictions have been accounted for.
- Other available insurance or legally responsible parties have been identified.
- The amount addresses supported wage losses, property expenses, and non-economic injuries.
- The release could affect separate or later claims arising from the same collision.
A claim involving disputed fault or permanent injuries may need witness evidence, medical opinions, and a review of all applicable insurance before a settlement can be evaluated.
A fair settlement should account for supported future losses as well as current expenses. A low offer is not automatically unlawful, but accepting a final release can prevent a later claim for additional compensation.
How Much Does a Wakefield Car Accident Lawyer Cost?
We offer a free consultation and handle qualifying car accident claims under contingency-fee arrangements.
Under a contingency fee, an attorney receives an agreed share of compensation recovered rather than an hourly fee for representation.
Case expenses such as medical-record charges, filing fees, depositions, and expert fees are separate from attorney fees and should be addressed in the written agreement, including what happens if no recovery is obtained.
Contact Our Wakefield Car Accident Lawyers
A serious accident can affect your health, employment, and family long after vehicle repairs are finished.
Since 1999, we have represented injured Rhode Islanders in crashes involving disputed liability, traumatic brain injuries, and serious losses requiring expert medical evidence.
Our Wakefield office provides a local point of contact for South Kingstown residents and nearby South County communities.
Schedule a free consultation with our Wakefield car accident lawyers to discuss your collision, your injuries, and your options under Rhode Island law.
There is no obligation to hire us.
Our law firm handles qualifying claims on a contingency-fee basis, with no attorney fee unless compensation is recovered; the written agreement governs case expenses.
