Truck Accident Lawyer in Warwick, RI
Commercial and heavy-duty trucks can weigh up to 30 times as much as the average car, especially when fully loaded. They’re larger in every sense—longer, taller, and far heavier. Unfortunately, when these trucks are involved in accidents, the results are often catastrophic, potentially leading to serious injuries that demand loads of medical care.
If you or a loved one has been injured in a truck accident, seeking legal representation is a crucial step in pursuing the compensation you deserve. Our Warwick, RI, truck accident attorneys at the Fogelman Law Firm can help you navigate your case.
Common Causes of Warwick Truck Accidents
Truck accidents throughout Rhode Island and the rest of the United States often stem from the same causes, including:
- High speeds
- Reckless driving
- Distracted driving
- Driving while under the influence of drugs or alcohol
- Driver fatigue
- Driver error
- Improper maintenance
- Inadequate driver training or inexperience
- Harsh weather conditions
- Mechanical failures
- Equipment failure
- Improperly loaded cargo
Common Injuries in Rhode Island Truck Accidents
When trucks collide with other vehicles on Rhode Island roadways, especially smaller cars, trucks, and motorcycles, the resulting injuries can be devastating. Common injuries include:
- Bruising
- Lacerations
- Fractured bones
- Soft tissue injuries
- Amputations and crush injuries
- Concussions
- Traumatic brain injuries
- Head and neck injuries
- Spinal cord injuries
Understanding Rhode Island’s Comparative Negligence Laws
Rhode Island is a pure comparative negligence state, one of just over a dozen in the country. Under these comparative negligence laws, you can recover damages even if you’re partly to blame for the accident. In some states, you’re barred from pursuing compensation if you’re partially at fault, particularly if you carry over 50% of the blame, but Rhode Island isn’t one of them.
You may still pursue compensation even if you carry more than 50% of the fault for the accident. However, if you’re entirely at fault for the incident, you can’t pursue damages from the other party or parties.
Who is Liable in a Warwick Truck Accident?
Liability and fault play huge roles in Warwick truck accidents. Establishing liability determines who is responsible for the accident and the resulting damages, ensuring the victims can pursue proper compensation for their injuries.
In a Rhode Island truck accident, multiple parties can be liable, including:
- The truck driver
- The trucking company
- The company that loaded the cargo into the truck
- The company responsible for maintaining the vehicle
- The truck manufacturer
- Another driver on the road
In some cases, multiple parties can be liable. Establishing which parties are liable requires careful evaluation and can be complex, so it’s essential to have help from a skilled truck accident attorney in Warwick.
Statute of Limitations on Warwick Truck Accident Lawsuits
Rhode Island outlines specific statutes of limitations for various types of lawsuits filed within the state, including truck accident lawsuits. This timeframe is the amount of time you have to file a claim against the at-fault party after the date of the accident.
If you’ve been injured in a truck accident, you have three years from the accident date to file your claim. Failing to file within this timeframe may result in forfeiting your ability to pursue legal action altogether.
Damages Available in a Truck Accident Case
In a truck accident case, there are two primary types of compensation you may pursue: economic and non-economic damages.
Economic damages apply to the financial losses associated with your case. These losses might include the medical and rehabilitation bills related to your injuries or lost wages due to an inability to work while recovering.
Non-economic damages cover non-monetary aspects. These include losses such as pain and suffering or emotional distress. Since these damages are subjective and vary from one person to the next, lawyers typically base the amount on the economic damage amount.
A third type of damages, punitive damages, may be available in select cases. Rhode Island courts only award punitive damages to punish the defendant for their malicious or intentional actions or those that blatantly disregard others’ safety and rights. However, these damage awards are rare in personal injury cases.
How Much is My Warwick Truck Accident Worth?
The value of your truck accident case hinges on a handful of factors, including the severity of your injuries, the likelihood of making a full recovery, and your percentage of fault. Generally speaking, more severe injuries are eligible for higher payouts, but every case is unique.
Our knowledgeable Warwick, RI, truck accident attorneys can help you determine a fair and meaningful amount for your case.
How a Warwick, RI, Truck Accident Lawyer Can Help
The laws and legal processes surrounding truck accident cases can be complicated, especially if you don’t have a legal background. Specific laws pertaining to filing deadlines, comparative fault, and liability can become confusing, especially when dealing with a serious injury.
On top of that, insurance companies often attempt to settle quickly with victims for far less than they deserve. Oftentimes, the settlement amount doesn’t even cover the victim’s monetary losses. These tactics, paired with the nuances of the legal system, further complicate the process, emphasizing the importance of having skilled legal representation.
That’s where our experienced truck accident lawyers in Warwick, RI, come in. We’re well-versed in the intricacies of the legal system and have helped many Rhode Island residents navigate their cases. We can help you do the same.
We’re here to guide you through every phase of the process, ensuring you can focus on recovery while we shoulder the brunt of the legal process. We will:
- Analyze the incident to determine your legal rights and options
- Provide legal guidance to help you make informed legal decisions
- Thoroughly investigate the incident to collect evidence, such as witness statements, dashcam footage, and police reports
- Establish liability based on evidence
- File appropriate documentation within applicable deadlines
- Field and negotiate settlement offers with the at-fault party’s insurer
- Represent you in court to help you fight for the compensation you deserve
We are your advocates through every step. You’re not in this alone.
Fight for the Compensation You Deserve With the Fogelman Law Firm
If you or a loved one has suffered an injury in a truck accident due to another’s negligence, our team at the Fogelman Law Firm can help. Our experienced Warwick, RI, truck accident lawyers can help you navigate your case to pursue the compensation you deserve. Contact us today at (617) 559-1530 or complete our online contact form to get started with a free consultation.
