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ChatIf you’ve been injured in an accident in Rhode Island, you may wonder how fault is determined and whether you can still recover compensation if you were partially responsible. Rhode Island follows a pure comparative negligence system, allowing injury victims to recover damages even if they share some blame for the accident.
Understanding how comparative negligence works is crucial when filing a personal injury claim. Insurance companies often use this rule to reduce payouts, so knowing your rights can help you fight for the compensation you deserve.
Serious car accident on a Rhode Island highway
What Is Comparative Negligence?
Comparative negligence, as defined under R.I.G.L. § 9-20-4, is a legal principle that determines how fault is distributed among all parties involved in an accident. Unlike states that follow contributory negligence—where being even 1% at fault bars you from recovering damages—Rhode Island uses pure comparative negligence. This means:
- You can still recover damages even if you are 99% at fault.
- Your percentage of fault reduces your compensation.
- Insurance companies may argue that you were more at fault to minimize their payout.
Example of Comparative Negligence in Action
Imagine you are involved in a car accident with $100,000 in total damages. If the court finds that:
- The other driver was 80% at fault for running a red light.
- You were 20% at fault for speeding.
- Your compensation would be reduced by 20%, meaning you would receive $80,000 instead of $100,000.
How Comparative Negligence Affects Different Personal Injury Cases
Comparative negligence applies to various personal injury cases in Rhode Island, including:
- Car Accidents: If both drivers share blame, their percentage of fault will directly impact the final settlement or court award.
- Slip and Fall Cases: A person who falls on a wet floor but was distracted by their phone may be assigned partial fault, reducing the compensation they can receive.
- Pedestrian Accidents: A pedestrian who jaywalks and is struck by a speeding driver may share liability.
- Bicycle Accidents: If a cyclist runs a stop sign and is hit by a distracted driver, both parties may be held responsible.
Regardless of the type of accident, Rhode Island’s comparative negligence law ensures that compensation is adjusted based on the degree of fault assigned to each party.
How Insurance Companies Use Comparative Negligence Against You
Insurance companies often use Rhode Island’s comparative negligence law to reduce or deny claims. Their goal is to:
- Shift more blame onto the victim to minimize their payout.
- Argue that the victim’s injuries resulted from their own negligence.
- Use recorded statements or social media posts against the claimant.
How to Protect Your Rights
- Never admit fault at the accident scene or to an insurance adjuster.
- Consult a personal injury attorney before speaking with insurance companies.
- Gather strong evidence, such as witness statements, photos, and accident reports.
Proving the Other Party’s Fault to Maximize Your Compensation
You need strong evidence proving the other party’s liability to counter an insurance company’s efforts to reduce your claim. Here are key steps to take:
- Obtain a Police Report: A police report can establish fault and document key details about the accident.
- Gather Witness Statements: Witnesses can provide crucial testimony to support your version of events.
- Use Video or Photos: Surveillance footage, dashcam recordings, or accident scene photos can serve as essential evidence to prove negligence.
- Seek Immediate Medical Attention: Delaying treatment may weaken your case and give the insurance company room to argue that your injuries were not serious.
What Happens If Your Case Goes to Trial?
If a fair settlement cannot be reached, your case may go to trial, where a jury will determine each party’s percentage of fault under R.I.G.L. § 9-20-4. Your compensation will be adjusted based on your assigned share of blame.
Why Hiring a Personal Injury Lawyer Matters
- A lawyer can present strong evidence to reduce your percentage of fault.
- Attorneys negotiate aggressively with insurance companies for fair compensation.
- Legal professionals understand Rhode Island’s comparative negligence laws and can protect your rights.
At Bottaro Injury Lawyers, we handle seemingly minor car accidents, intricate abuse and neglect cases, and everything in between. Just because your pain and damages are not astronomical doesn’t mean you don’t need legal representation.
Get the Compensation You Deserve
Rhode Island’s comparative negligence law allows accident victims to recover damages even if they were partially at fault. However, insurance companies may use this rule against you to limit your settlement.
At The Bottaro Law Firm, we have years of experience fighting for injury victims and ensuring they receive the full compensation they deserve. We are here to fight for you if you’ve been involved in an accident and need help proving fault.
Contact Us for a Free Consultation
📞 Call (401) 777-7777 today for a free, no-obligation consultation, or fill out our Contact Us form to speak with a trusted Rhode Island personal injury lawyer.
Don’t let insurance companies take advantage of you—let us protect your rights!