Rhode Island Pedestrian Accident Lawyer

Walking is woven into the daily rhythm of Rhode Island life, whether you are navigating Providence’s Arts District, crossing streets near the URI campus, or enjoying a seaside stroll in Newport. Yet the same compact geography that makes the state so walkable can turn dangerous when drivers fail to share the road. According to federal fatal-crash data, Rhode Island recorded seven pedestrian deaths in 2022, an incidence of just 0.64 per 100,000 residents, the lowest rate in the nation. But preliminary figures show five pedestrians were killed in the first six months of 2023 alone, a 66 percent year-over-year jump that has safety officials on alert.

These numbers may seem modest compared with larger states, yet every case represents a community tragedy and a complex legal claim. Below, our personal injury attorneys unpack how pedestrian crashes happen, what Rhode Island law says about liability and compensation, and how victims can protect their rights from day one.

• Urban speed and visibility. Narrow streets and short signal cycles in older cities like Providence encourage quick driving. Limited sightlines at intersections make it harder to spot people stepping off the curb, especially at dawn or dusk.
• Distracted and impaired driving. Mobile-device use, in-vehicle infotainment, and substance impairment (alcohol, marijuana, prescription drugs) combine to delay reaction times.
• Road design flaws. Missing crosswalks, poorly timed signals, inadequate lighting, and wide curb radii invite higher vehicle speeds and risky mid-block crossings. The Rhode Island Department of Transportation’s 2024 Highway Safety Improvement Plan identifies “corridor lighting upgrades and traffic-calming projects” as top pedestrian countermeasures.
• Weather and seasonal tourism. Foggy coastal mornings, icy winter nights, and the annual influx of summer visitors unfamiliar with local streets all raise crash exposure.

Rhode Island codifies pedestrian protections in Chapter 31-18 of the Rhode Island General Laws. Key provisions include:

• Crosswalk right-of-way (§ 31-18-3). Drivers must yield to pedestrians “lawfully within” any marked or unmarked crosswalk. A motorist who stops for a walker may not be overtaken and passed by another vehicle.
• Jaywalking rules (§ 31-18-5). A person crossing outside a crosswalk must yield to vehicles, but this “jaywalking” does not bar an injury claim. The statute simply adjusts right-of-way; it does not erase a driver’s overarching duty of care.
• Duty of due care (§ 31-18-8). Regardless of right-of-way, every driver must “exercise due care to avoid colliding with any pedestrian,” with extra caution for children and visibly confused or incapacitated individuals.
• Local ordinances (§ 31-18-2). Municipalities may adopt stricter pedestrian protections—Providence, for example, has a 25 mph city-wide limit and Vision Zero design standards intended to eliminate traffic deaths by 2030.

Failure to observe these statutes can supply powerful evidence of negligence in a civil lawsuit, and in some circumstances, a traffic citation (even if it is a “no-contest” plea in district court) may be admissible as proof of breach.

• Negligence framework. To win damages, an injured pedestrian must prove: (1) the driver owed a duty; (2) that duty was breached; (3) the breach caused injury; and (4) the injury led to compensable damages. Breaches may include speeding, failing to yield, distracted driving, or violating crosswalk laws.
• Pure comparative negligence. Rhode Island is a pure comparative fault state. Even if a pedestrian is partly to blame—say, crossing mid-block while wearing dark clothing—their recovery is only reduced by their assigned percentage of fault. A victim 30 percent at fault can still collect 70 percent of proven losses. This doctrine often keeps cases viable even when police crash reports note “pedestrian in roadway.”
• Multiple defendants. Liability may extend beyond the striking driver. Examples include:
  • Employer liability. If a delivery van driver was on the clock, the company may share responsibility through respondeat superior.
  • Governmental negligence. Poor signal timing, missing curb ramps, or dark corridors may implicate RIDOT or a city public works department. Notice-of-claim rules (typically 60 days for state agencies) add urgency.
  • Vehicle manufacturer liability. Defective automatic-braking or lighting systems can turn a single-vehicle crash into a product-liability case.

In a successful claim or lawsuit, recoverable damages include:

• Medical expenses. Emergency transport, surgery, hospitalization, rehabilitation, prosthetics, psychological therapy, and future medical needs.
• Lost income and earning capacity. Wages lost during recovery, diminished future earnings, and job retraining costs.
• Pain and suffering. Physical pain, emotional distress, loss of enjoyment of life, and permanent disfigurement. Rhode Island imposes no statutory cap on noneconomic damages in ordinary negligence actions.
• Household services and mobility aids. Compensation for home health aides, ramps, vehicle modifications, and assistive technology.
• Punitive damages. Available in rare cases of reckless or malicious conduct, such as a drunk-driving hit-and-run.
• Wrongful-death damages. If a pedestrian is killed, the surviving family may seek funeral costs, loss of companionship, and loss of the decedent’s net accumulations under the Rhode Island Wrongful Death Act (R.I. Gen. Laws § 10-7-1). The Act includes a mandatory minimum $250,000 award, even if the economic loss is lower.

Rhode Island’s general statute of limitations for personal injury, including pedestrian crashes, is three years from the date of injury (R.I. Gen. Laws § 9-1-14). For wrongful-death claims, the clock also runs three years from the date of death.

• Government claims. If a state or municipal agency contributed to the hazard—e.g., a malfunctioning pedestrian signal—notice of claim must be filed within 60 days (R.I. Gen. Laws § 9-31-12) and suit within three years.
• Minor plaintiffs. Children have until three years after their 18th birthday, but key evidence (video, skid marks, eyewitness memories) rarely waits—prompt investigation is essential.

Missing these deadlines generally bars recovery, so contacting counsel early is critical.

• Seek immediate medical attention. Many serious injuries—torn ligaments, internal bleeding, traumatic brain injury—are not obvious at the scene.
• Call the police and insist on a formal report. The crash report preserves time, location, weather, and preliminary fault assessments.
• Document the scene. Photos of vehicle position, skid marks, traffic signals, and lighting can blunt disputes later.
• Collect witness information. Pedestrians often find themselves alone against an insurance carrier; neutral witness names add credibility.
• Preserve clothing and damaged property. Reflective gear, cracked smartphone screens, or shredded backpacks may illustrate impact severity.
• Avoid giving recorded statements. Insurers may request early interviews that can be used to shift blame. Politely decline until legal counsel is present.
• Consult experienced counsel. Early legal guidance ensures evidence is preserved, medical liens are managed, and claims are filed within strict deadlines.

At Jeffrey Glassman Injury Lawyers, we combine local knowledge of Rhode Island courts with deep pedestrian-injury experience throughout southern New England. We routinely work with collision-reconstruction engineers, human-factors experts, and life-care planners to build compelling, data-driven cases. Recent results include six- and seven-figure settlements for fractured pelvis, spinal-cord injury, and fatal crosswalk collisions.

We handle cases on a contingency-fee basis, advance all litigation costs, and coordinate medical-expense liens so our clients can focus on healing. Because Rhode Island uses pure comparative negligence, even “difficult” cases—such as nighttime crashes or instances where police ticketed the pedestrian—deserve a second legal opinion.

While litigation secures individual justice, systemic change saves lives. Statewide measures worth supporting include:

• Vision Zero Providence. The city’s initiative uses curb-extension “daylighting,” raised crosswalks, and rapid-flashing beacons on high-injury corridors like Broad Street and Smith Street.
• Speed-management cameras in school zones. Automated enforcement has reduced average speeds by up to 8 mph during morning drop-off periods, according to Providence’s 2024 data dashboard.
• RIDOT Complete Streets policy. All state-funded roadway projects must now evaluate pedestrian and bicycle accommodations, including ADA-compliant curb ramps and pedestrian-led-interval traffic signals. These infrastructure upgrades translate directly into lower crash severity and fewer collision points.

Pedestrian accidents in Rhode Island blend complex statutes, evolving road-design standards, and human tragedy. The law affords injured walkers powerful remedies, yet insurers often resist full compensation by overstating pedestrian fault or downplaying long-term medical costs.

At Jeffrey Glassman Injury Lawyers, we stand beside crash victims from the first emergency-room visit to the final settlement check. If you or a loved one has been struck while walking anywhere in the Ocean State, call us for a free, no-obligation consultation or reach us through our online form. Let our experience be your path forward.