When a tractor-trailer collides with a passenger vehicle on I-95 near Providence, the injuries can be devastating, and determining who’s responsible isn’t always straightforward.
Federal trucking regulations, multiple liable parties, and larger insurance policies can complicate these claims. Important evidence can also disappear quickly.
An experienced Rhode Island truck accidents lawyer can help you understand what’s involved, identify who may be responsible, and protect your right to seek compensation.
Why Truck Crashes Cause More Serious Harm Than Car Accidents
A fully loaded tractor-trailer can weigh up to 80,000 pounds, compared to roughly 4,000 pounds for a passenger car. Big rigs also take longer to stop and have large blind spots, known as no-zones.
Because of a big rig’s size and weight, truck collisions can cause devastating injuries, including:
- Traumatic brain injuries and spinal cord damage
- Broken bones and internal injuries
- Permanent disabilities requiring long-term care
These injuries can lead to costly medical treatment, lost income, and months or even years of recovery. As a result, truck accident claims may involve much greater financial losses than typical car accident cases.
Federal Trucking Rules Add a Layer Car Cases Don’t Have
Commercial truck drivers and trucking companies must follow federal safety regulations in addition to Rhode Island traffic laws.
The Federal Motor Carrier Safety Administration (FMCSA) oversees rules covering:
- Driving Hours: Limits on how long truckers can drive without rest
- Maintenance: Required truck inspections, maintenance, and repairs
- Driver Qualifications: Commercial driver’s license (CDL) requirements
- Cargo Securement: Rules for loading and securing cargo
For example, a driver who exceeds federal driving limits may cause a crash because of fatigue. A trucking company that neglects brake maintenance may also be responsible if faulty brakes contribute to a collision.
Violations of federal trucking regulations can provide important evidence of negligence.
Who Can Be Held Liable in a Rhode Island Truck Accident?
Unlike most car crashes, truck accidents can involve several responsible parties, including:
- Truck Driver: For speeding, distracted driving, or driving while fatigued
- Trucking Company: For unsafe hiring practices or neglected maintenance
- Cargo Loader: For improperly secured or overloaded freight
- Maintenance Provider: For faulty repairs or missed safety problems
- Manufacturer: For defective truck parts
- Government Entity: In certain cases involving dangerous road conditions
Identifying everyone who contributed to the crash matters because different parties may carry separate insurance policies. A thorough investigation can help determine who may be responsible for your injuries.
How Rhode Island’s Comparative Negligence Rule Works
Rhode Island follows a pure comparative negligence rule. This means you can recover compensation even if you’re mostly responsible for an accident, although your percentage of fault reduces your recovery.
For instance, if your damages total $100,000 and you’re found 60% responsible, your compensation would be reduced to $40,000.
The trucking company’s insurer may try to shift blame onto you, but that doesn’t prevent you from pursuing a claim.
Different rules apply in Massachusetts, which has a no-fault insurance system that provides Personal Injury Protection (PIP) benefits. Massachusetts also bars you from recovering damages if you’re more than 50% responsible for an accident.
Why Commercial Truck Insurance Changes the Stakes
Commercial trucking companies typically carry much higher liability insurance limits than passenger car drivers.
Under federal regulations, qualifying interstate commercial trucks must carry at least $750,000 in liability coverage, compared to Rhode Island’s minimum requirement of $25,000 per injured person for ordinary passenger vehicles. Higher coverage limits may help cover medical bills, lost wages, and ongoing care after a serious injury.
However, larger insurance policies don’t guarantee bigger settlements. Trucking insurers may challenge the severity of your injuries, try to shift blame onto you, or offer a lowball settlement before you know the full extent of your losses.
An experienced truck accident lawyer can review the available insurance coverage, gather evidence to support your claim, and negotiate with insurers on your behalf.
What to Do After a Collision With a Semi-Truck in Rhode Island
If you’re injured in a truck crash on I-95, I-195, Route 146, or another Rhode Island road, take these steps:
- Get to Safety and Call 911: Report the accident and request emergency assistance.
- Seek Medical Care: You may not notice the full extent of your injuries right away.
- Document the Scene: Photograph vehicle damage, road conditions, and visible injuries if you can do so safely.
- Save Important Information: Keep medical records, receipts, and communications with your insurance company.
- Contact an Attorney: An experienced truck accident lawyer can help preserve important evidence and investigate who caused the crash.
Under Rhode Island law, drivers must submit a written accident report to the Division of Motor Vehicles within 21 days if a crash causes injury, death, or more than $1,000 in property damage to any one person.
You have three years to file a personal injury lawsuit in Rhode Island, although exceptions may apply.
However, important evidence can disappear long before that deadline. Electronic logging device (ELD) data, black box recordings, driver logs, and maintenance records can help establish what caused the crash and who may be responsible.
After a Truck Crash It’s Good to Know Mike Bottaro
After a serious truck accident, you shouldn’t have to face the toll of injuries, or the trucking company’s insurance team, alone.
Attorney Mike Bottaro helps injured people throughout Rhode Island and Southern Massachusetts investigate truck crashes, identify responsible parties, and pursue compensation. With our No Fee Guarantee®, you pay no attorney fee unless we recover money for you.
We’re available 24/7 by call or text to discuss your claim. Contact us today for a free case review, and we can help you understand all your options.