In our Rhode Island personal injury practice, we routinely handle auto accidents, including what is commonly referred to as “rear end collisions.” Rear-end collisions occur when the front end of one vehicle hits the back end of the vehicle in front.
Rhode Island Auto Accident Law: Negligence
Rhode Island motorists have a legal duty to other motorists that includes maintaining a reasonable driving distance between vehicles. The driving distance should allow plenty of time to stop even if the car in front stops short.
Our RI Pattern Jury Instructions includes a jury instruction that creates a legal presumption that the driver of the vehicle in the rear is at fault. In other words, the law presumes that the driver who collides with the rear of your vehicle is negligent and it is up to that driver to refute that presumption. The driver who rear-ended you must explain what happened through the evidence, but whoever brings the lawsuit bears the ultimate burden of proof. Rivard v. Plante, 80 R.I. 312 (1953). Ordinarily, a judge will prefer to allow questions of negligence to be given to a jury rather than being settled before trial if there is even slight evidence that would explain the rear-end collision. See, e.g., Russo v. Odell, 252 A. 2d 135 (R.I., 1969); DeMaio v. Ciccone, 59 A. 3d 125 (R.I. 2013). In rare circumstances, the rear vehicle's operator could show there was an unexpected emergency, and that they were reasonably careful given this emergency. Pizza v. O'Malley, 195 A. 342 (R.I., 1937).
There are a number of causes for rear end collisions, including in this day, distracted driving such as text messaging, talking on the phone, eating, or paying too much attention to passengers or pets in your vehicle. In other cases, the auto accident may be caused by following the car in front too closely, accelerating too quickly, or not considering poor weather conditions including bad visibility or slippery roads.
What To Do After A Rhode Island Car Accident
If you have been injured in a rear end collision, it is important to immediately obtain medical treatment such as at an emergency room. Afterwards, call an experienced Rhode Island car accident attorney as soon as possible. Separate from establishing fault, there are important deadlines that a top rated RI personal injury lawyer can accomplish. It is well established that that rear end automobile collisions can injure the occupants of all vehicles involved, even if the drivers are traveling at relatively low speeds. Your compensation for injuries caused by the driver at fault can include medical expenses, car and other property damage, lost wages, disability or death, and emotional distress.
