Will I Have to File a Lawsuit in My Rhode Island Car Accident Case?

Published by grandelaw on

If you have been injured by another driver’s negligence, the thought of filing a lawsuit and going to court to be fully compensated can cause considerable anxiety, and that’s understandable. The good news is that very few Rhode Island car accident cases make their way to court—the vast majority are settled out of court, and yours is very likely to follow suit. If you are in this situation, don’t delay reaching out for the professional legal guidance you need from an experienced Rhode Island car accident attorney.

Your Car Accident Case

Your car accident case will be predicated on the other driver’s negligence, and their fault will need to be established. Establishing negligence involves all of the following types of evidence:

  • The police report generated after the accident
  • The evidence gathered by your car accident attorney, which can include eyewitness testimony
  • Expert testimony that backs up the specifics of your claim
  • Virtual accident models and recreations that bolster your evidence

The more solid your claim, the more likely it is that the involved insurance company will be open to fair negotiations. Additionally, a solid claim makes it less likely that your car accident case will require filing a lawsuit and heading to court.

The Other Driver’s Negligence

Most car accident cases are based on the other driver’s negligence, which is an important element for you to understand. Driver negligence comes in far too many dangerous forms.


When motorists fail to pay adequate attention to driving safely, they are identified as distracted drivers, and they are some of the most dangerous drivers out there. The deadliest distraction of all is texting, which manages to meld all three forms of distraction into one:

  • A distraction that engages one’s vision
  • A distraction that engages one’s hands
  • A distraction that engages one’s thoughts

To better understand exactly how dangerous texting behind the wheel can be, it helps to know that it takes an average of five seconds to compose or read a text. And in these five seconds, a driver can travel about the distance of a football field when traveling at highway speeds. That is a long way to drive without focusing on what’s happening on the road ahead.


No one needs to explain exactly how dangerous drunk drivers are, and proving fault in this category generally isn’t difficult. If you suspect that the driver who caused you to be injured is under the influence of alcohol or drugs, let the officer at the scene know.


You may be surprised to learn that drowsy drivers can experience the same kinds of impairment that drunk drivers do. Drowsy driving is beginning to get more attention for the risky driving behavior that it is.

Excess Speed

Speed is the factor that is most closely associated with whether or not a car accident will prove fatal. The faster the at-fault motorist is driving, the more likely they are to cause an accident. But it doesn’t end there—the higher the motorist’s speed, the more likely that any resulting accident will be deadly.

Protecting Your Car Accident Case

Your car accident case will be unique to the circumstances and people involved, but there are specific steps you can take that are universally beneficial in terms of protecting the integrity of your case and of helping to ensure that your case doesn’t go to court:

  • Seek medical attention as soon after the accident as possible. Even if you don’t think you were seriously injured, it’s important to understand that the adrenaline coursing through you and the shock involved can mask important symptoms. It’s always to your advantage to err on the side of caution when it comes to your health.
  • Follow your doctor’s orders and advice to the letter. Doing so is going to help you recover to the fullest extent possible, and it lets the insurance company know that you take your car accident case very seriously—and that they should, too.
  • Refrain from providing the insurance company with a statement about the accident. You aren’t required to do so, and you can count on the insurance company twisting any statement you do make to its own advantage.
  • Stay off social media for a bit. It’s too easy to post something on social media that inadvertently harms your case, and you can rest assured that the insurance company is watching (and waiting for you to slip up), even if your account is private.

Will a Lawsuit Be Necessary in Your Car Accident Case?

Even when you do everything you can to ensure your case is solid, an insurance company may refuse to compensate you adequately for your bills, lost wages, and pain and suffering. When this occurs, filing a lawsuit with the help of an experienced motor vehicle accident lawyer can help pressure the insurance company to offer a fair settlement. Prior to entering the courtroom, another opportunity to negotiate will arise during mediation. With over 95% of personal injury cases being settled out of court, even if filing a lawsuit is warranted, you are unlikely to see the inside of a courtroom.

Discuss Your Car Accident Case With an Experienced Rhode Island Car Accident Attorney Today

Your recovery is too important to leave to chance, and our trusted Rhode Island car accident lawyers have the experience, legal insight, and drive to help. To learn more, reach out by contacting or calling us today for a free consultation.

Author Bio

Louis W. Grande is a Providence personal injury lawyer who founded his Rhode Island law firm of the same name in 2010. With more than 32 years of experience practicing law, he has successfully represented clients in a wide range of legal matters, including car accidents, premise liability, dog bites, medical malpractice, product liability, and other personal injury actions.

Louis received his Juris Doctor from the Hamline University School of Law and is a member of the Rhode Island Bar Association. He has received numerous accolades for his work, including being awarded Lifetime Achievement in 2017 by America’s Top 100 Attorneys and being named among the Top 100 Trial Lawyers and Top 25 Motor Vehicle Trial Lawyers in 2017.

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