If you’re injured in a Rhode Island car accident, it’s important to understand how your actions may affect your compensation. The comparative negligence in Rhode Island rule means that even if you are partially responsible, you can still recover damages, but they will decrease based on your level of fault. For instance, if you’re 30% at fault, your compensation will be reduced by that amount. It’s important to be aware that insurance companies may try to shift blame to lower their payouts. This is where legal help becomes essential. At Bottaro Injury Lawyers, we assist injured individuals in navigating these complexities, gathering evidence, and challenging unfair fault assignments to optimize their recovery. Our team is dedicated to ensuring that the law works for you, providing the support and guidance you need during this challenging time.
When you’re partially at fault in an accident, you can still recover compensation under the comparative negligence in Rhode Island. Contact Bottaro Injury Lawyers today for a free consultation.
What Is Comparative Negligence in Rhode Island?
Comparative negligence is a legal rule used when multiple parties share blame for an accident. Rather than denying compensation completely, Rhode Island allows injured parties to recover damages—even if they are primarily at fault.
Pure Comparative Negligence in Rhode Island Rule Explained
Rhode Island follows a pure comparative negligence system under R.I. Gen. Laws § 9-20-4. This principle means that even when you are found to be 99% at fault, you may recover 1% of the damages.
Real-World Example of Shared Fault
Imagine a situation where two drivers approach an intersection: one runs a red light, and the other turns left without using a signal. Both contribute to the crash. The insurance companies might argue that the red-light runner is 70% at fault while the other driver is 30% at fault. In this case, the driver who was 30% at fault can still recover 70% of the damages. These fault percentages aren’t always straightforward, and insurance companies often try to shift more blame onto the injured person to minimize their payout.
At Bottaro Injury Lawyers, we build strong, evidence-backed claims to make sure your share of fault is fairly assessed and your compensation is maximized.
Comparative Negligence in Rhode Island: How Fault is Determined
Insurance adjusters and the court use several methods to determine fault. Here is a list of commonly used methods in determining fault assignments:
- Official police reports
- Witness statements
- Photos or video footage
- Medical records
- Property damage reports
Even minor traffic mistakes can influence your share of fault. According to the Insurance Institute for Highway Safety (IIHS), driver error significantly contributes to many car accidents.
Our legal team at Bottaro Injury Lawyers understands the importance of collecting the right evidence to present a strong and accurate case for our clients. We leave no stone unturned in gathering evidence to support your claim.
Examples of Comparative Negligence in Rhode Island in Action
Sudden Stops and Rear-End Collisions
A driver stops suddenly to avoid an object. The car behind rear-ends them. While the second driver is usually at fault, the first driver could still share some blame.
Speeding and Running a Light
One driver runs a red light while another is speeding. If both contribute to the crash, a court may divide liability between them.
At Bottaro Injury Lawyers, we examine every detail to make sure blame isn’t unfairly placed on you.
How Comparative Negligence Affects Your Settlement
Insurance companies may try to assign you more blame to lower their payout. If you’re partially at fault, your total compensation will be reduced.
You may still recover damages for:
- Medical bills
- Lost income
- Pain and suffering
- Property repairs
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving and speeding are common in shared-fault crashes.
At Bottaro Injury Lawyers, we fight against unfair fault assessments and work hard to protect your financial recovery. We understand the financial strain a car accident can cause, and we are here to help you navigate the legal process, ensuring that you receive the full compensation you deserve.
Steps to Take After a Rhode Island Car Accident
To protect your rights and support your claim:
- Call 911 and file a police report.
- Take photos of the scene, vehicles, and road conditions.
- Get medical attention immediately.
- Avoid saying anything that may imply fault.
- Contact an experienced Rhode Island injury attorney.
Our team at Bottaro Injury Lawyers can help from the start by preserving evidence and handling all communications with insurers.
Frequently Asked Questions About Rhode Island Comparative Negligence
Can I recover damages if I was mostly at fault?
Yes. Under Rhode Island’s comparative negligence law, you can receive compensation even if you are mostly at fault. However, it’s important to note that recovering damages when you are mostly at fault can be challenging, and having a skilled lawyer on your side can significantly improve your chances of a successful claim.
How does the insurance company decide who’s at fault?
They analyze the available evidence, which includes:
- Witness statements
- Police reports
- Accident scene photos
Having a lawyer on your side is crucial in presenting a clear case and ensuring your rights are protected.
What if more than two drivers are involved?
Each driver’s actions will be reviewed, and fault can be divided among all parties involved. Bottaro Injury Lawyers helps clients navigate multi-vehicle accident claims. Contact us today for a free case evaluation.
How Bottaro Injury Lawyers Helps With Comparative Negligence Claims
Comparative negligence laws can reduce your compensation without eliminating your right to recover. With Bottaro Injury Lawyers, you can challenge unfair fault assignments and seek the full value of your claim.
We at Bottaro Injury Lawyers offer the following:
- Free consultations
- There are no fees unless we win
- 24/7 legal support
- Office, virtual, or home consultations
Call or text (401) 777-7777 today to speak with a Rhode Island car accident lawyer.
It’s good to know Mike Bottaro.
