Motorcycle Accident Lawyers in Rhode Island
When a negligent driver causes a motorcycle accident, the repercussions can be severe. If you have been in a motorcycle accident in Rhode Island, a personal injury attorney can help you recover your full damages amount.
Common motorcycle accident injuries
Unlike drivers of cars, who have the walls of vehicles and airbags to offer them some protection in an accident, motorcycle riders are completely exposed. As such, the injuries that are suffered by a motorcyclist in a motorcycle accident are often severe. The most common types of injuries stemming from a motorcycle accident include, but are not limited to:
- Facial injuries;
- Head and neck injuries;
- Traumatic brain injuries (TBIs);
- Spinal cord injuries;
- Broken bone injuries;
- Road rash; and
- Internal injuries.
When a motorcycle accident is severe, the injury types above can cause percent impairment, scarring, and disfigurement. A motorcyclist may lose his or her ability to perform tasks as he or she once did, work, walk, or even care for one’s self.
Recovering damages after a motorcycle accident in Rhode Island
Rhode Island follows a traditional at-fault, or tort, insurance system. For those who are involved in an accident, this means that you have three options for recovering damages after a motorcycle accident, depending upon fault; you can file a claim with your own insurance company, file a claim with the other driver’s insurance company, or file a civil action directly against the at-fault driver.
Rhode Island law requires all drivers to carry $25,000 in bodily injury liability per person, $50,000 for bodily injury liability per accident, and $25,000 for property damage liability. If your damages total more than the at-fault driver’s liability coverage amounts, or if the other driver was uninsured and you do not have uninsured/underinsured motorist coverage, filing a lawsuit may be the best way to recover damages.
Types of damages that are recoverable
Recovering Damages after a Motorcycle AccidentThere is no set amount of damages that you can recover in a motorcycle accident; each claim is entirely unique. There is no cap on economic or noneconomic damages in Rhode Island, although punitive damages are not allowed. Types of damages you may be able to recover include:
- Medical bills;
- Lost income;
- Pain and suffering;
- Loss of earning capacity/future lost income;
- Mental anguish; and
- Death benefits (if applicable).
Proving liability for a motorcycle accident
In order to recover damages after a motorcycle accident, a motorcycle accident victim will have to prove the fault of the responsible party. Examples of fault, or negligence, that commonly cause motorcycle accidents include speeding, drunk driving, driving aggressively, or failing to follow traffic laws.
If you were partially at fault for the accident or for the damages that you sustain, you are not barred from filing a claim/lawsuit. However, Rhode Island Title 9, Section 9-20-4, stipulates that if an injured person contributes to damages being incurred, then that injured person’s compensation award shall be diminished in proportion to their percentage of fault. As such, it is extremely important to work with a motorcycle accident attorney who can help you to prove that the accident—and your injuries—would have happened regardless of your actions.
Take action by contacting a Rhode Island motorcycle accident attorney today
In Rhode Island, state law requires that you file a claim within three years’ time following an accident – otherwise, you forfeit your right to benefits. To ensure that your claim is filed in time, that you prove the liability of the at-fault driver, and that you recover your full compensation amount, contact the experienced Providence, Rhode Island motorcycle accident attorneys at Dana & Dana Attorneys at Law. You can reach our law offices today at 401-217-3449.