Slepkow Law

RI Legal duties to stop & report | Leaving the scene of accident

The  northern Rhode Island towns of Smithfield and North Smithfield have a significant number of car accidents each year. Frequent accidents occur along Route 146 and Route 102 * No matter what city or town an accident occurs in Rhode Island and Providence Plantations, RI law sets forth certain legal obligations of appropriate and legal conduct after a vehicular wreck.

Summary of RI motor vehicle stop and report laws

accident report in RI

leaving scene of accident in RI

You are legally required under Rhode Island law to report a car accident or other motor vehicle crash when there is at minimum of USD 1,000 property damage, someone is injured as a result of the collision, or a fatality resulting from the car, truck or vehicular accident.

RI laws concerning obligations to report certain accidents involving injury, death or property damage.

The applicable laws in Rhode Island are Rhode Island General Laws:  31-26-6,  31-33-1 and § 31-33-2

“ § 31-26-6  Drivers required to make written reports. – The driver of a vehicle involved in an accident resulting in injury to or death of any person or in which the damage to property of any one person, including himself or herself, in excess of one thousand dollars ($1000) is sustained, shall, within twenty-one (21) days after the accident, forward a written report of the accident to the division of motor vehicles, on forms provided by the division of motor vehicles. “ History of Section. (P.L. 1950, ch. 2595, art. 23, § 6; G.L. 1956, § 31-26-6; P.L. 1966, ch. 128, § 1; P.L. 1968, ch. 185, § 2; P.L. 1974, ch. 142, § 1; P.L. 1975, ch. 64, § 1; P.L. 1982, ch. 40, § 1; P.L. 1987, ch. 48, § 1; P.L. 1995, ch. 124, § 1; P.L. 2002, ch. 253, § 1.)  TITLE 31  Motor and Other vehicles CHAPTER 31-26 Accidents and Accident Reports SECTION 31-26-6  http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-26/31-26-6.HTM  https://rhodeislandlawyer.wordpress.com 

“§ 31-33-1  Accident reports. – The operator of every motor vehicle which is in any manner involved in an accident within this state, in which any

Providence personal injury attorneys

person is killed or injured, or in which damage to the property of any one person, including the operator, in excess of five hundred dollars ($500) is sustained, shall, within twenty-one (21) days after the accident, report the matter in writing to the division of motor vehicles. The report, the form of which shall be prescribed by the division of motor vehicles, shall contain information to enable the division of motor vehicles to determine whether the requirements for the deposit of security under chapters 31 and 32 of this title are inapplicable by reason of the existence of insurance or other exceptions specified in the chapters, and the administrator of the division of motor vehicles may regard the information given as true, until the contrary reasonably appears. If that operator is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, within twenty-one (21) days after learning of the accident, make the report. The operator or the owner shall furnish any additional relevant information that the division of motor vehicles shall require. “ History of Section. (P.L. 1952, ch. 3002, § 4; G.L. 1956, § 31-32-1; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-1; P.L. 1968, ch. 185, § 1; P.L. 1982, ch. 40, § 2; P.L. 1987, ch. 48, § 2; P.L. 2000, ch. 274, § 1.)

” § 31-33-2  Failure to file accident report. – Failure to report an accident as required in § 31-33-1 shall be punished by a fine as provided for in § 31-41.1-4, and the division of motor vehicles shall suspend the license of the person failing to make report, or the nonresident’s operating privilege of the person, until a report has been filed and for any further period not to exceed thirty (30) days that the division of motor vehicles may fix.
History of Section. (P.L. 1952, ch. 3002, § 32; G.L. 1956, § 31-33-3; P.L. 1962, ch. 204, § 2; G.L. 1956, § 31-33-2; P.L. 2002, ch. 58, § 8; P.L. 2002, ch. 292, § 124; P.L. 2008, ch. 100, art. 12, § 12.)

Rhode Island laws concerning duty to stop at the scene of an accident

§ 31-26-2  Duty to stop in accidents resulting in damage to vehicle. – The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with these requirements under the circumstances shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or his or her driver’s license or operating privilege in the state may be suspended for a period up to six (6) months, and/or he or she may be imprisoned for a period not to exceed 6 months.  History of Section. (P.L. 1950, ch. 2595, art. 23, § 2; P.L. 1950 (s.s.), ch. 2639, § 2; G.L. 1956, § 31-26-2; P.L. 1992, ch. 441, § 1; P.L. 2009, ch. 329, § 1.)”  TITLE 31
Motor and Other vehicles CHAPTER 31-26   Accidents and Accident ReportsSECTION 31-26-2  http://webserver.rilin.state.ri.us/Statutes/title31/31-26/31-26-2.HTM 

RI State Police advisory

According to the Rhode Island State Police Stop your car – Never leave the scene of an accident in which you or your car was involved. No matter how slight the collision, if your fail to stop, you could be convicted of “hit and run” and be subject to criminal prosecution even if the accident was not your fault. If you are blocking a lane of travel and your car is still operable, move your vehicle to the side of the road.” State of Rhode IslandState Police Department of Public Safety http://risp.ri.gov/safety/vehiclesafety/accident.php 

At fault driver’s legal representation for negligence cause of action

When a person is hurt in a car accident, he or she is legally entitled to fair compensation if another driver is at fault. Although the car accident victim or at-fault entity isn’t required by law to engage a car accident insurance law firm, the decision to hire an experienced personal injury attorney may be a wise financial decision.

North Smithfield and Smithfield car accident

Although you’re required to have car insurance to legally drive a car in Rhode Island, the liability insurer is only in nearly all circumstances required to compensate victims up to the stated limit of policy liability coverage. For this reason, if someone brings a claim against you, your insurance company will typically hire a high powered Rhode Island insurance defense injury attorney to represent you. In fact,  the insurance company is contractually obligated to provide you an injury lawyer in RI if it is a covered loss under your indemnity policy. If you weren’t insured when the North Smithfield car accident happened, or the damages may exceed  the policy limits, engaging your own  Smithfield personal injury defense attorney may help to protect you.

Disputing Negligence in a Car Accident

A driver is considered legally negligent if he or she is at-fault in a car, trucking, motorcycle or vehicular accident. In some situations, it’s relatively easy to determine negligence. In other cases, determining negligence and fault in Rhode Island is a very complex matter, such as when more than two motor vehicles are involved in a pile-up motor vehicle accident. If you  were injured in a Rhode Island car crash and believe another driver was negligent and at fault for the mishap, engaging a Rhode Island car accident attorney  or a Providence personal injury lawyer may be necessary to prove his or her negligence.

Disputing Damages in a Car Accident

If loss occurred to a vehicle or other physical property, or injuries (physical and/or emotional) resulted from the car accident, lawyers use the term damages to refer to them. If the  Smithfield car accident caused only minor damages, such as a dented fender, or minor injuries, like bruises on the victim’s arm, it’s easier for the parties involved to agree upon damages.

However, it’s common for the negligent driver’s insurer to dispute even reasonable damages. If the agreed-upon damages are contested, it’s important for the driver who was victimized in the accident to have legal counsel.

Disputing Severe Damages in a Car Accident

If you’re involved in a car accident in which drivers and/or passengers suffer severe injuries, it’s usually prudent to reach out to an experienced  East Providence car accident lawyer. In many instances, injuries suffered in the Providence car crash can take a very long time to heal or, sometimes, cause permanent injuries.

The injured person or persons may need to hire a  Rhode island personal injury lawyer for financial reasons before the lawsuit is settled. The  Smithfield personal injury attorney may be able to arrange partial payments or other financial and medical assistance before the case goes to trial or a settlement is reached. Serious or severe injuries are likely to incur health care and medical costs after the lawsuit is settled. In this case, the Ocean State car collision injury attorney must factor future expenses into the settlement.

Emotional trauma caused by RI car accident

Since many people suffer emotional and physical trauma in a car crash, it’s important to consider the total damages. Most people find it difficult to assess value or prove these damages without the services of an experienced car accident attorney.

*Route 102 begins as Philips Street at Route 1A in the Wickford section of the town of North Kingstown on Narragansett Bay. It proceeds west through the town of Exeter along Ten Rod Road. Route 102 then turns northwest to follow Victory Highway as it goes through the towns of West Greenwich and Coventry. Route 102 soon enters the town of Foster, where it continues north and briefly overlaps with Route 14 (Plainfield Pike) through the town of Scituate. In Scituate, it continues north along Chopmist Hill Road, crossing US 6 as it heads towards the town of Gloucester. After crossing US 44 in the Glocester village of Chepachet, Route 102 continues northeast into the town of Burrillville along the Bronco Highway. The route ends in the town of North Smithfield in the village of Slatersville at an intersection with Routes 5 and 146A.” https://en.wikipedia.org/wiki/Rhode_Island_Route_102

 

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