Rhode Island Pedestrian Accident Lawyers Helping Those Injured By Careless Drivers

Pedestrians have no protection at all in a collision with a vehicle. Kirshenbaum & Kirshenbaum has represented injured pedestrians across Providence, Warwick, Cranston, and Newport for more than 90 years.

How Common Are Pedestrian Accidents?

Pedestrian deaths have become a larger share of overall traffic fatalities over the past two decades. According to the National Highway Traffic Safety Administration (NHTSA), 7,080 pedestrians were killed in traffic crashes nationwide in 2024, with more than 71,000 injured. Pedestrians now account for roughly 18% of all traffic deaths, up from about 11% in 2005. Most pedestrian fatalities occur in dark conditions and away from intersections, on open stretches of road where drivers may not expect to encounter someone on foot. Our page on Rhode Island pedestrian accident facts covers state-level trends in more detail.

Who Is at Fault in a Pedestrian Accident?

Fault depends on the specific circumstances, but drivers generally have a duty to watch for pedestrians, yield the right of way at crosswalks, and exercise added caution near schools, parks, and residential areas. That said, pedestrians also have responsibilities, such as crossing at marked crosswalks when available and obeying traffic signals. Even when a pedestrian wasn't perfectly following the rules, Rhode Island's pure comparative negligence rule under R.I. Gen. Laws § 9-20-4 allows recovery of compensation even if you're found partially at fault, with your award reduced proportionally. See our page on common causes of Rhode Island pedestrian accidents for more.

What If the Driver Fled the Scene?

Hit-and-run pedestrian accidents are unfortunately common, and Rhode Island law requires drivers to stop and provide information after any accident involving injury. If the driver cannot be identified, you may still have options for compensation through your own insurance policy. See our guide on protecting your rights after a Rhode Island hit-and-run pedestrian accident for what to do next.

What Should I Do After a Pedestrian Accident?

1. Call 911 and seek medical treatment, even if you feel you can walk away from the scene.
2. Get the driver's information, including their license plate, if they remain at the scene.
3. Identify any witnesses who saw the collision, since pedestrian accidents often come down to conflicting accounts of who had the right of way.
4. Photograph the scene, including crosswalk markings, traffic signals, and lighting conditions.
5. Contact a Rhode Island pedestrian accident lawyer before speaking with the driver's insurance company.

What Compensation Can I Recover After a Pedestrian Accident?

Compensation typically includes medical expenses, lost wages, and pain and suffering. Because pedestrians have no vehicle frame to absorb an impact, injuries from these accidents, including traumatic brain injuries, spinal cord damage, and multiple fractures, tend to be severe, which can significantly affect the value of a claim. If a pedestrian accident results in death, surviving family members may pursue a wrongful death claim, as in the case detailed in our page on a pedestrian's wife receiving substantial damages after a truck crash.

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

Under Rhode Island General Laws § 9-1-14, you generally have three years from the date of the accident to file a personal injury lawsuit.

Why Choose Kirshenbaum & Kirshenbaum for Your Pedestrian Accident Case

Our attorneys have secured results for injured pedestrians, including the recovery detailed in our pedestrian and car collision case result. We know how to reconstruct these accidents using witness statements, traffic signal timing, and physical evidence to establish fault, and we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Frequently Asked Questions

Can I recover compensation if I wasn't in a crosswalk?

Possibly. Rhode Island's comparative negligence rule allows you to recover compensation even if you weren't using a marked crosswalk, with your award reduced by your percentage of fault, though this can affect how liability is apportioned.

What if I was hit in a parking lot rather than on a public road?

You can generally still pursue a claim for a pedestrian accident that occurs in a parking lot, though the specific rules of the road that apply may differ slightly from a public street.

What if the driver claims they didn't see me?

A driver's failure to notice a pedestrian is not a legal excuse for causing an accident. Drivers have a duty to maintain awareness of their surroundings, including pedestrians who may be difficult to see.

Can children injured as pedestrians recover compensation?

Yes. Claims involving injured children generally follow the same core legal principles, though a parent or guardian typically brings the claim on the child's behalf, and Rhode Island's statute of limitations includes special provisions for minors.

Do I need a lawyer if the driver's insurance already admitted fault?

Even when fault isn't disputed, insurance companies frequently undervalue pedestrian accident claims given how severe these injuries tend to be. It's worth having an attorney review any offer before you accept it.

If you or a loved one has been injured as a pedestrian 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.