Car Accidents

Rhode Island Car Accident Lawyer

 

Do you know how to deal with car accidents in Rhode Island?

A car, for most people, is a necessity. But driving involves the possibility of facing car accidents, and with it real risks of personal injury and even loss of life.

Even when living in Rhode Island, one of the states with the lowest number of car accidents in the country, it is necessary to know how to deal with an accident from behind the wheel, as a passenger, or as a pedestrian.

What questions come after a car accident.

Learning how to drive is something we are all taught, but few are taught what we should do when we get into a car accident. We also don’t know what to do in the case of physical injuries, property damage, and what our responsibilities are.

These questions are not always easy to answer, especially immediately after the accident. We understand that initial primary concerns are protecting the lives of passengers, the driver, and pedestrians in a car accident. Following an accident, an investigation starts to determine the legal responsibilities of each person involved.

Important for lawyers to know about car accidents.

Knowing what to do after an accident is vital for lawyers to know. For these professionals, knowledge must be well-founded, especially if it is in one of their areas of concentration.

It is always advisable to hire a lawyer who focuses in car accidents and personal injury as the law is complex.

Car accidents happen so frequently in the United States that they lead to the concentration of lawyers dedicated only to cases where the accident is of this type.

It’s necessary to know what a car accident could mean to you, especially when personal injuries are involved.

What is a car accident?

A car accident, also called a traffic accident, or road accident, is an unforeseen event or an event that directly influences the proper running of vehicles on public roads.

Under this definition, if a person plans to crash his car and deliberately crashes it against another person, another car, or a tree, that would not be a car accident. That would be an intentional act that will be proven in the technical investigation that will show enough evidence to prove that the event was premeditated.

To be able to talk about an accident, the key factor is that it is totally unforeseen, without the existence of a prior will to perform this action or simulate the accident.

Another important factor that is necessary to know to define the car accident is the cause of it. These are varied, ranging from the mechanical failure of the car involved, to environmental, geological, and natural conditions such as animal crossings. Human causes such as the risky action of drivers and their irresponsibility or negligence can also cause car accidents.

Another result of a car accident or traffic accident is the fact that it causes damage to people and material things.

In summary, it can be said that it is a road accident when:

  • It includes at least one car among those affected or involved,
  • It entails the interruption of the normal traffic of the affected vehicles,
  • It’s totally unforeseen,
  • It has both human  and mechanical causes,
  • And it causes material and human damage.

What are your responsibilities after a car accident?

Every car accident carries responsibilities to the people involved in the accident. These are of two types: civil and criminal.

Civil liability

Civil liability is the obligation that people have to repair the injuries suffered by other people as well as the material damages suffered by the other vehicles, and other movable and immovable property affected during the accident.

Depending on insurance policies, these damages can covered by the insurance companies when the accident occurs. That is, civil liability can be transferred from the person involved to the insurance company, provided that the accident is covered by the conditions of the insurance policy.

But when the causes of the car accident are of a human nature, linked to the negligence of people or to the risky action of the drivers, the responsibility of covering these damages lies with the driver.

In order for this civil liability to be imposed on people, the justice system must be used through a civil trial. Here, the party involved may opt for the recognition of their responsibility or refuse to do so, opening —in this case— a judicial process.

In a judicial process, the civil responsibility of those involved will be proven by the technical evidence gained from the incident.

There are three elements to consider in this responsibility: a negligent or risky action that caused an accident, damage to property and other persons, and a link between this action and the mentioned damage.

Crime or criminal liability.

Crime or criminal responsibility is one that calls for a jail or prison sentence to those who commit an action considered a crime.

In order to establish that a person involved in a car accident has criminal responsibility, a trial must be carried out in which the accused person may acknowledge his guilt or may declare himself innocent of the facts that are accused of him.

In the latter case, the trial will be about the existence of the crime or crimes.

In order to be able to be proven, it is necessary that the parties in the trial, prosecution, and defense demonstrate that the following elements certainly exist or not:

  • A car accident by action or omission, in which the defendant participated.
  • An express and prior rule that classifies as an offense or crime the action or omission that generated the accident.
  • The defendant’s ability to be responsible for the facts that are charged.
  • Existence or not of an assumption that exempts the defendant’s responsibility, such as a cause of force majeure that led him to impact the vehicle.
  • The existence or not of a legal good protected by law, that is, the existence of a risk against the physical integrity of the victims of the accident.

If in the trial it is possible to prove the existence of each of these elements, criminal liability is applied, which in principle is not transferable.

If none of the elements exist or if there is reasonable doubt about the criminal responsibility of a defendant, he will be declared innocent.

The importance of a good lawyer after a car accident.

If you are not a lawyer and you are reading this, this may seem extremely complicated – and it can be. After having an accident, being a victim, witness, or the driver who caused the accident, it is best to have the right legal advice.

Consider that there are many factors involved in an accident, from people involved in the event, insurance companies, police, paramedics, doctors, mechanics, car owners – when there are minors involved – each with a single purpose:

Not to be responsible either civilly or criminally.

Each of the participants will have the right to adequate legal assistance in the accident investigation process, so the question is –shouldn’t YOU have those same protections?

The justice system has long processes to demonstrate the civil and criminal responsibility of those involved. If you are the victim  affected in the accident you must have the best guarantee that your damage will be repaired and that will be determined by the judicial system and a good lawyer. It does not guarantee that you will be successful, but it will definitely give you the best chance.

If you are the cause of the accident, it is your right and in your best interests to have the best legal defense to be able to protect your rights and find true justice.

Many people who overlook legal assistance are left feeling helpless when the notification of the court arrives. They will certainly find that the fees of a good lawyer are worth the protection of their rights as the other party has determined. Without good legal representation, you could be condemned to paying high sums of money with the unfortunate deprivation of liberty.

Don’t let the pain and suffering from a car accident that you could not avoid get in the way of having your rights protected fully by an experienced lawyer and good legal assistance.

The first thing you should do after having suffered in an accident, after having preserved your safety and integrity is to request an appointment with a lawyer.

The lawyers will give you the chance to explain exactly what happened without having to hide information. You must remember that from the moment you meet with an attorney, he or she is obliged to preserve the privacy of the information you provide.

It will be your attorney who will determine the steps to follow and to defend your interests at both the civil and criminal levels of responsibility.

In view of the seriousness of your case, your lawyer will take the right actions. You should be highly skeptical of any lawyer who guarantees you a triumph in your case or who exposes you to having contacts in court. A good lawyer is one who studies the facts of the accident and each of the elements involved without assessing what he THINKS will happen.

If you or someone in your family has suffered an accident in the last 30 days, contact our auto accident lawyers immediately by filling out the form on our website or by calling (401) 351-8000.

Do not lose your right to be compensated!

Do not lose your right to be compensated!

Do not lose your right to be compensated
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Phone (401)351-8000
LouisGrande.com
395 SMITH STREET, PROVIDENCE, RI 02908

Louis W. Grande Attorney at Law is licensed to practice law in the State of Rhode Island. The office of Louis W. Grande Attorney at Law is located in Providence, Rhode Island and can practice as a lawyer in all the regions of the state. Contacting Louis W. Grande's attorneys does not constitute an attorney-client relationship.

The law firm of Louis W. Grande Attorney At Law serves clients in the Providence, Rhode Island area and in other surrounding cities such as:
Barrington, Bristol, Burrillville, Central Falls, Coventry, Cranston, Cumberland, East Providence, Johnston, Lincoln, Middletown, Narragansett, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, South County, South Kingstown, Smithfield, Warwick, West Warwick, Westerly and Woonsocket, Rhode Island.