Truck Accident Attorney in Rhode Island
The number of commercial trucks involved in rear end collisions across the nation every year is staggering. Statistics by the FMCSA (Federal Motor Carrier Safety Administration) indicate that around 400,000 commercial trucks are involved in collisions each year, with nearly 70,000 of those accidents involving a rear end crash. In most incidences, the outcome to motorists and passengers is catastrophic, resulting in serious injuries and fatalities.
A rear end collision
A rear end collision may occur any time one vehicle crashes into the back of the vehicle directly ahead. Often times, these types of collisions will happen at stop signs, intersections, and railroad crossings when the vehicle ahead has come to a complete stop. However, rear end collisions can also happen while both vehicles are moving in the same direction.
Rear end accident involving large commercial 18 wheeler trucks and cars can usually be categorized two specific ways. The first is where the truck runs into the back end of another car or truck, and the second is when another vehicle collides into its back end. The most common type of truck-involved rear end crashes results from the trucker’s inattention, distraction or negligence before rear-ending a small passenger vehicle ahead.
The sheer disproportionate size of a large commercial truck rear-ending a small vehicle can lead to devastating results. Many fully loaded commercial trucks weigh in excess of 80,000 pounds. When the truck traveling at high speed hits the backend of a passenger vehicle weighing 3000 pounds or less, the disparity between vehicle sizes can lead the calamitous injury and death.
Finding Fault in Rhode Island Truck Accidents
If a car, truck or motor vehicle hits another automobile from behind in Rhode Island, “a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). see: Roland DeMaio et al.v.Raymond A. Ciccone et al. ”(noting that the prima facie evidence principle applies “where a rear-end collision is established” (emphasis added)). Id. See Rachiele v. McGovern, 107 R.I. 241, 245, 266 A.2d 36, 38 (1970) Also see: http://www.ripersonalinjurylaw.com/motorcyle-car-accident-rear-ender/
“Under Rhode Island law, “[w]hen a case includes a claim or defense resulting from a rear-end collision between vehicles, a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005).
Many states have laws which posit that when one vehicle strikes another from behind, the striking vehicle is at fault for the accident. This basic rule of the road encourages drivers to leave sufficient room to stop to avoid hitting the vehicle ahead. If you were injured in a truck accident in Rhode island or a loved one was killed as a result of a tractor trailer collision in RI then please contact a truck accident lawyer in Rhode Island.
Truck drivers in Rhode Island have the duty to maintain safety
Truck drivers in Rhode Island have the duty to maintain safety while driving and must abide by the same rules as passenger vehicles traveling the roadway. Because of its size and weight, the trucker must account for a variety of factors that could cause the truck to hit an object or vehicle when carrying a heavy load, driving with faulty brakes, or under hazardous road conditions.
Negligence is often a leading factor that causes truck-related rear end collisions, especially those happening on divided highways, freeways and interstates. These types of roadways often have long stretches of pavement where the trucker can easily fall into relaxed vigilance while driving to their destination. Often times, the trucker is not as alert as necessary because of a lack of intersections, stoplights or hazardous driving conditions.
Bored or tired truckers will have impaired cognitive function due to fatigue, long hours on the road, or lack of sleep. When this happens, the truck driver will likely experience a decreased capacity to respond quickly to any vehicle that has stopped or slowed unexpectedly.
Filing a Claim for a truck accident in RI
Victims of a minor or major rear end collision involving a commercial semi-truck will often hire a personal injury attorney in Rhode island to file a claim for financial compensation. A skilled Providence Truck Accident lawyer will develop a case making a strong argument claiming the truck driver is at fault for not provide safety to others on the roadway. The claim might involve a variety of factors that caused the accident including:
• A lighting violation making it more difficult to see the commercial truck
• Faulty brakes or defective tires
• The driver’s inadequate training
• Fatigue from driving long hours to meet unrealistic deadlines (drowsy / sleepy driving in RI)
• Receiving compensation for delivering the load faster instead of focusing on safety
A personal injury law firm that specializes in Rhode Island commercial Big Rig truck rear end accidents help victims receive adequate compensation for their injuries, damages and losses. The lawyers build the case to recover their client’s medical bills, rehabilitation expenses, physical therapy and property damage along with compensation for pain and suffering.
On June 7, 2014 there was a very serious fatal motor vehicle accident on the New Jersey Turnpike in New Jersey. A tractor trailer owned by Walmart was travelling north in the center lane of the highway. This was a three lane highway going northbound. As a result of construction on the highway, motor vehicle traffic slowed. The big rig truck, travelling north, struck the Mercedes Benz limo in an apparent, rear-end collision. CNN reported, “At the last minute, he swerved to try and avoid the Mercedes limo bus but struck it from behind, forcing the limo to rotate and overturn.” cnn
“After collecting the evidence from the truck accident scene and from the trucking company, your truck accident lawyer will be able to determine who is at fault and start working on your case. Even something as simple as a log book can determine negligence if the truck driver was working longer hours than allowed by federal law. That’s why a qualified truck accident attorney is so imperative to your personal injury case.” Source
Is a Rhode Island Personal Injury Attorney required to pursue a death claim in Providence Superior Court as a result of a deadly car wreck?
Yes. The executor of the estate is not a personal injury lawyer 0r a RI Wrongful Death Attorney and is not licensed to practice law. The executor must be represented by a Rhode Island Attorney.