Rhode Island Distracted Driving Lawyers

Distracted driving is widely cited as one of the leading causes of car accidents in Rhode Island. Kirshenbaum & Kirshenbaum has represented accident victims across Providence, Warwick, Cranston, and Newport for more than 90 years, including cases caused by drivers who were texting, talking, or otherwise not watching the road.

What Is Rhode Island's Distracted Driving Law?

Rhode Island has banned texting while driving since 2011 and became a full hands-free state on June 1, 2018. Under R.I. Gen. Laws § 31-22-30, drivers may not hold a cell phone or other wireless device for any purpose while operating a vehicle, including while stopped at a red light or stop sign. Hands-free and voice-activated technology, such as Bluetooth, is still permitted. This is a primary law, meaning a police officer can pull a driver over for holding a phone alone, without needing another traffic violation.

Penalties increase with repeat violations: a first offense carries a fine of up to $100 and/or a license suspension of up to 30 days; a second offense carries a $150 fine and up to a 3-month suspension; a third offense carries a $250 fine and up to a 6-month suspension. Minor drivers are prohibited from using a mobile device at all while driving, even hands-free.

How Does Distracted Driving Cause Accidents?

Distraction isn't limited to phone use. It includes anything that takes a driver's attention away from the road: eating, adjusting a navigation system, talking with passengers, or reaching for an object. Even hands-free phone conversations create cognitive distraction that measurably slows reaction time, which is part of why Rhode Island's law focuses on eliminating handheld device use altogether rather than only banning texting. See our related pages on cell phones causing distracted driving accidents in Rhode Island and emotions that contribute to distracted driving.

How Do I Prove the Other Driver Was Distracted?

Distracted driving can be difficult to prove because it often leaves no physical evidence at the scene the way speeding or drunk driving might. Attorneys typically build these cases using cell phone records obtained through subpoena, witness statements, traffic camera footage, and the physical evidence of the crash itself, such as a complete lack of braking before impact. See our guide on how Rhode Island distracted driving lawyers help crash victims build these cases.

What Compensation Can I Recover After a Distracted Driving Accident?

As with other car accident claims, compensation generally includes medical expenses, lost wages, property damage, and pain and suffering. Rhode Island's pure comparative negligence rule under R.I. Gen. Laws § 9-20-4 allows you to recover compensation even if you're found partially at fault, with your award reduced proportionally. In some distracted driving cases involving particularly reckless conduct, punitive damages may also be available, though these are decided on a case-by-case basis. Learn more about ways to prevent distracted driving before it causes a crash.

What Is Rhode Island's Statute of Limitations for These Claims?

Under Rhode Island General Laws § 9-1-14, you generally have three years from the date of the crash to file a personal injury lawsuit. Cell phone carrier records are often only retained for a limited window, which is another reason to contact an attorney promptly rather than waiting.

Why Choose Kirshenbaum & Kirshenbaum for Your Distracted Driving Case

Distracted driving cases often require pulling phone records and reconstructing the moments before a crash, work that's easiest to do while evidence is still available. We investigate these cases thoroughly and hold negligent drivers accountable rather than accepting an insurance company's initial explanation of what happened. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Frequently Asked Questions

Can I use hands-free calling while driving in Rhode Island?

Yes. Rhode Island's hands-free law permits voice-activated or Bluetooth-connected calling. What's prohibited is holding the phone itself while driving.

What if the other driver denies using their phone at the time of the crash?

Cell phone records can often be obtained through the legal discovery process to verify whether a driver was using their device at the time of a crash, even if they deny it.

Does Rhode Island's distracted driving law apply to other devices besides phones?

Yes. The law covers wireless communication devices generally, including tablets and other handheld electronics used to compose, read, or send messages while driving.

Can I still recover compensation if I was also using my phone at the time of the crash?

Rhode Island's pure comparative negligence rule allows you to recover compensation even if you share some fault, with your award reduced by your percentage of responsibility, so this would not automatically bar your claim.

Is distracted driving considered more serious than other forms of negligence in a claim?

Distracted driving is a form of negligence like any other in a personal injury claim. Depending on how reckless the conduct was, it can sometimes support a claim for punitive damages in addition to standard compensation.

If you or a loved one has been injured by a distracted driver anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free consultation. There is no attorney's fee unless we recover compensation for you.

This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.