You're driving through an intersection when suddenly, another vehicle runs a red light and slams into the side of your car. You suffer serious injuries that require extensive medical treatment and force you to miss work. Just as you're gearing up to file an injury claim, the other driver's insurance company alleges you were speeding at the time of the crash. Suddenly, you're facing accusations of being partially at fault for the accident.
It’s frustrating to face blame for an accident when the other party was clearly in the wrong. At Kirshenbaum & Kirshenbaum Attorneys at Law, our knowledgeable Rhode Island personal injury lawyers can evaluate your case, explain how the state's comparative negligence law applies, and fight for full compensation of your losses.
What Is Comparative Negligence?
Comparative negligence is a legal standard that applies when multiple parties are found to share blame for an accident or injury. The United States has three types of comparative fault systems:
- Pure contributory negligence. A party cannot claim damages for injuries even if that party is only 1 percent at fault.
- Pure comparative fault. Both parties can claim damages depending on their degree of negligence.
- Modified comparative fault. A party cannot claim damages if the party is more than 51 percent at fault.
Rhode Island follows a pure comparative negligence rule. Under RI law, you can seek compensation for your damages even if you were partially or mostly to blame for the incident. However, your total recovery will be reduced by your assigned percentage of fault.
Here’s an example of how it works: Say you're in a car accident and suffer $100,000 in damages. The crash investigation shows that you were 20 percent at fault because you were speeding. Under comparative negligence, you could still recover compensation, but your award would be reduced by 20 percent, leaving you with a total recovery of $80,000.
Fortunately, being partially at fault doesn't automatically disqualify you from seeking damages in RI. As long as you show that the other party shares blame, you can still recover compensation for your losses, even if you were more at fault than the other party.
Comparative Negligence in Action: Case Examples
Sorting out fault percentages is rarely simple. Parties often point fingers and dispute who carries most of the blame. At Kirshenbaum & Kirshenbaum, our Rhode Island personal injury lawyers regularly represent clients facing allegations of shared fault in cases such as:
- Distracted driving crashes. You took your eyes off the road to change the radio station moments before a crash. The other driver was texting behind the wheel and rear-ended you at full speed. While you both bear some responsibility, the other driver's actions were far more reckless.
- Slip and fall accidents. You’re in a grocery store, reading a text while walking down an aisle. You slip and fall on a spill, suffering a concussion and a broken wrist. The store claims your distraction makes you fully liable, but surveillance video shows employees walking past the spill for an hour without cleaning it up.
- Product liability claims. A defective ladder collapses while you are using it. The manufacturer argues you exceeded the weight limit, but expert analysis reveals a design flaw that made the ladder unreasonably dangerous, even at a lighter load.
In each scenario, both parties made mistakes that contributed to the accident. But that doesn't mean the injury victim should be barred from recovering fair compensation. An experienced attorney can investigate the facts, consult experts, and develop a strong case to show the other party's negligence.
Protecting Your Rights When Fault Is Shared
When you're being blamed for an accident, even partially, it can feel like the deck is stacked against you. Insurance companies jump at any opportunity to shift liability and reduce their financial obligation. Without a skilled legal advocate, you risk losing the compensation you deserve.
A knowledgeable Rhode Island personal injury attorney can:
- Thoroughly investigate your accident to gather crucial evidence
- Interview eyewitnesses and record their statements
- Work with accident reconstruction specialists to determine fault
- Communicate with insurance adjusters to protect your interests
- Negotiate skillfully to minimize your assigned blame
- Take your case to trial if a fair agreement can't be reached
You shouldn't have to navigate complex shared fault rules alone. Let an experienced lawyer handle the legal heavy lifting while you focus on healing.
Get Help From Our Trusted Rhode Island Personal Injury Lawyers
If you've been injured in an accident in Rhode Island, don't let accusations of partial fault prevent you from pursuing the compensation you deserve. The experienced attorneys at Kirshenbaum & Kirshenbaum are here to stand up for your rights and fight for the best possible outcome.
We'll sit down with you, listen to your story, and explain how comparative negligence may impact your claim. With our dedicated legal team on your side, you can feel confident knowing you have skilled advocates working tirelessly to protect your interests.
