Rhode Island Drunk Driving Car Accident Victim Lawyers

Drunk driving accidents are among the most preventable and devastating crashes on Rhode Island roads. Kirshenbaum & Kirshenbaum has represented victims of drunk driving accidents across Providence, Warwick, Cranston, and Newport for more than 90 years.

Can I Sue a Drunk Driver in Rhode Island?

Yes. A criminal DUI charge against the at-fault driver and a civil personal injury claim are separate processes. A criminal conviction is not required for you to pursue compensation, and even if the driver is acquitted or the charges are reduced, you can still bring a civil claim as long as you can establish negligence. See our page on legal options for drunk driving accident victims in Rhode Island for more on how these two processes interact.

Can I Sue the Bar or Restaurant That Served the Driver?

In some cases, yes. Rhode Island recognizes a form of "dram shop" liability, which can hold a bar, restaurant, or other establishment responsible for continuing to serve alcohol to a visibly intoxicated patron who later causes an accident. These claims often require specific evidence about how much the patron was served and their visible level of intoxication at the time. See our related pages on dram shop liability when multiple bars are involved and how Rhode Island's dram shop laws clarify liability after an accident.

What Compensation Can I Recover After a Drunk Driving Accident?

Compensation typically includes medical expenses, lost wages, property damage, and pain and suffering, the same categories available in other car accident claims. Because drunk driving involves a reckless disregard for others' safety rather than ordinary carelessness, these cases can also support a claim for punitive damages in addition to standard compensatory damages, intended to punish especially reckless conduct rather than simply compensate for losses.

What If the Drunk Driver Was Also Injured or Killed?

If a drunk driver causes a crash that results in the death of another person, surviving family members may pursue a wrongful death claim, which in Rhode Island carries a unique statutory minimum recovery. Rhode Island's pure comparative negligence rule under R.I. Gen. Laws § 9-20-4 generally does not protect a drunk driver from liability toward others, even though it can affect how fault is apportioned among multiple parties in a multi-vehicle crash.

What Is Rhode Island's Statute of Limitations for Drunk Driving Accident 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, or three years from the date of death for a wrongful death claim. Dram shop claims against a bar or restaurant can involve additional evidence-gathering, such as receipts and staff witness statements, that becomes harder to obtain the longer you wait.

Why Choose Kirshenbaum & Kirshenbaum for Your Drunk Driving Accident Case

Drunk driving cases often involve multiple potentially liable parties, the driver and, in some cases, the establishment that served them, and our attorneys investigate both angles from the outset. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you, and we handle every stage of your claim so you can focus on recovery.

Frequently Asked Questions

Do I need to wait for the criminal case to finish before filing a civil claim?

No. Civil and criminal cases proceed separately and on different timelines. You do not need to wait for the criminal case against the driver to conclude before pursuing your own compensation, though the outcome of criminal proceedings can sometimes provide useful evidence.

What if the drunk driver doesn't have insurance?

You may be able to pursue compensation through your own uninsured or underinsured motorist coverage, or in some cases through a dram shop claim against the establishment that served the driver, depending on the facts.

How is a drunk driving case different from a typical car accident case?

Drunk driving cases often involve a criminal case running in parallel with your civil claim, the possibility of punitive damages, and, in some circumstances, an additional dram shop claim against a bar or restaurant.

What evidence is important in a drunk driving accident case?

Police reports, breathalyzer or blood test results, witness statements, and, in dram shop cases, records showing how much alcohol the driver was served, are all important pieces of evidence.

Can passengers in the drunk driver's own vehicle recover compensation?

Passengers injured while riding with an impaired driver can generally pursue a claim against that driver, and potentially against a bar or restaurant under dram shop liability, depending on the circumstances.

If you or a loved one has been injured in a drunk driving accident 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.