Pedestrian and Bicycle Accident Lawyers
Often the most defenseless accident victims, pedestrian and bicyclists in the Providence area can suffer from severe and life-threatening injuries when hit by a car, truck, or bus. If you or a family member has been injured in a pedestrian or bicycle accident, consult with a personal injury attorney today to discuss your options for recovering damages.
The rights of pedestrians and bicyclists in Rhode Island
Each state is responsible for setting its own laws regarding the rights and responsibilities of pedestrian and bicyclists. In Rhode Island, a bicycle is treated with the same rights and responsibilities as that of a motor vehicle. As such, bicyclists are required to follow all traffic laws, but motorists must also respect bicyclists’ right to the road.
For pedestrians, vehicles are required under state law to yield the right-of-way to a pedestrian when the pedestrian is in a crosswalk, even when traffic control signals are not in place or not in operation, according to 2009 Rhode Island Code Section 31-18-3.
Unfortunately, drivers do not always exercise the proper duty of care when driving around cyclists or pedestrians. When drivers speed, fail to yield when appropriate, drive distracted or impaired, or otherwise violate traffic laws, pedestrian or cyclist accidents can—and do—happen.
What types of damages are recoverable in pedestrian and bicycle accidents?
The party who is at-fault for the accident is the party who is liable, or legally responsible, for damages. Liability rests on the shoulders of the person who failed to exercise a proper duty of care, or acted negligently. If you can prove the negligence of the at-fault party, and demonstrate that your injuries would not have been incurred but for the negligent action, you can recover both economic and noneconomic damages. In Rhode Island, types of damages that are recoverable in a pedestrian accident or bicycle accident injury claim include:
- Pain and suffering;
- Medical bills and future medical bills;
- Lost wages, future lost wages, lost benefits;
- Mental anguish; and
- Loss of personal property.
Punitive damages are not allowed in Rhode Island. If you were partially at-fault for the accident, then your degree of fault may reduce your damages amount proportionately.
Time limitations for filing a pedestrian/bicycle accident claim
Regardless of fault or extent of injury, all negligence-based claims for personal injury must be filed within three years’ time after the date of the occurrence of an accident. If you do not file your action within the three-year time limit, it is unlikely that a court will agree to hear your case. As such, you will not be able to recover damages from the at-fault party.
How a Dana and Dana lawyer can help
A bicycle or pedestrian accident can be emotional, and may leave you physically and psychologically unable to pursue damages on your own. The skilled bicycle and pedestrian injury attorneys at the Providence offices of Dana & Dana Attorneys at Law want to help you. We can gather evidence on your behalf, file your claim in time, prove the liability of the at-fault party, and advocate for a fair settlement amount. To schedule a consultation with one of our lawyers today, call 401-217-3449 now.