Rhode Island Truck Accident Lawyer

Every weekday before dawn, tractor-trailers roll out of the Port of Providence, lumber along I-95, and disperse across the state’s industrial hubs. Their sheer size keeps the Rhode Island economy moving, but when a truck collides with a passenger car, physics takes center stage. An average fully loaded 18-wheeler can weigh up to 80,000 pounds—roughly 20 times the weight of a sedan—meaning that even “minor” contact can cause life-altering harm. Victims face not just medical bills and wage loss but an unfamiliar legal battlefield involving federal safety rules, corporate defendants, and insurers determined to minimize payouts. This page explains the law, the process, and the practical steps Rhode Islanders need to protect their rights after a truck crash.

• Complex Regulatory Overlay. Passenger-vehicle claims generally revolve around state traffic laws. Trucking claims add an extra, intricate layer: the Federal Motor Carrier Safety Regulations (FMCSR). These rules govern everything from driver hours-of-service limits and electronic logging devices to drug testing and cargo securement. Whether a driver exceeded the 14-hour on-duty window or a company failed to conduct a pre-employment background check can make or break a civil case.
• Multiple Potential Defendants. A truck may be owned by one company, leased by another, insured by a third, and carrying cargo loaded by a fourth. Any of these entities—and their corporate parents—could share fault. Uncovering each link is critical because commercial policies often carry seven-figure limits, but they are carefully guarded by experienced defense counsel.
• Evidence Disappears Quickly. Modern trucks record telematics, “black-box” event data, and sometimes onboard video. Federal law permits carriers to purge certain records after as little as six months. Without prompt spoliation letters and data-download requests, key evidence can vanish, leaving victims to fight with one hand tied.

• Driver fatigue: Interstate haulers frequently push the limits of federal hours-of-service rules to meet tight delivery windows at Quonset Business Park or the ports along Narragansett Bay.
• Distracted driving: Cell-phone violations remain a top FMCSA citation despite Rhode Island’s hand-held ban (R.I. Gen. Laws § 31-22-31).
• Improper loading: Containers bound for industrial sites in Cranston or Pawtucket can shift if weight is not balanced, leading to rollovers on curved ramps such as the I-195/I-95 interchange.
• Brake and tire failures: Winter salt and coastal humidity accelerate equipment wear; carriers who skip mandated inspections face heightened liability.
• Speeding and following too closely: The southern stretch of I-95 between Hopkinton and Richmond is notorious for aggressive passing by long-haul rigs trying to make up time before the Connecticut border.

Key provisions that often surface in litigation include:

• 49 C.F.R. Part 395 (Hours of Service) – Caps driving at 11 hours after 10 consecutive hours off-duty and mandates electronic logging devices (ELDs).
• Part 382 (Drug & Alcohol Testing) – Requires pre-employment, random, and post-accident screening.
• Part 396 (Inspection, Repair & Maintenance) – Obliges drivers to complete daily vehicle inspection reports (DVIRs) and carriers to keep maintenance logs.
• Part 383 (Commercial Driver’s License) – Sets nationwide CDL standards and disqualifies drivers with serious traffic violations.

While interstate carriers answer primarily to federal law, local haulers must also comply with state provisions, including:

• Oversize/Overweight Permits (R.I. Gen. Laws § 31-25-25) – Trucks exceeding 80,000 pounds or certain axle limits need a DOT permit; violations can be used to establish negligence per se.
• Commercial Vehicle Ban on Certain Parkways – The state restricts trucks on Route 10 and other parkways; operating in a prohibited zone can signal negligence.
• State Idling Law (Air Pollution Control Reg. 43) – Limits idling to five minutes; chronic violators may reveal a disregard for safety-related maintenance routines.

• Negligence. Victims must prove duty, breach, causation, and damages. Duty is often established through FMCSA rules, Rhode Island traffic statutes, and common-law obligations to operate safely.
• Vicarious Liability. Under the doctrine of “respondeat superior,” motor carriers are responsible for the negligent acts of drivers acting within the scope of employment, even independent contractors, if the carrier retains significant control.
• Negligent Hiring, Retention, and Supervision. Carriers face direct liability if they hire drivers with disqualifying medical conditions, prior DUIs, or falsified logbooks. FMCSA requires background checks using the Drug & Alcohol Clearinghouse; failure to consult it is compelling evidence of negligence.
• Broker and Shipper Liability. A logistics broker that negligently selects a financially desperate “chameleon carrier,” or a shipper that forces a driver to depart overweight, may share responsibility. These claims can open additional insurance layers beyond the motor-carrier policy.

Rhode Island follows a pure comparative negligence system (R.I. Gen. Laws § 9-20-4). A plaintiff’s recovery is reduced by their percentage of fault, but is not barred unless they are 100 percent responsible. For example, a jury that finds $1 million in damages and assigns the motorist 40 percent fault would award $600,000. This nuanced rule underscores the importance of countering defense attempts to overstate a victim’s share of blame, especially where the truck’s dash-cam footage is selectively released.

• Economic damages: past and future medical expenses, rehabilitation, lost wages, diminished earning capacity, household services, property loss.
• Non-economic damages: pain and suffering, mental anguish, loss of enjoyment of life, scarring, and disfigurement.
• Wrongful-death damages: funeral expenses and loss of companionship recoverable by the decedent’s estate and statutory beneficiaries (R.I. Gen. Laws § 10-7-1).
• Punitive damages: rare but possible if conduct was malicious or showed willful indifference—e.g., operating with knowingly defective brakes. Rhode Island courts apply a “clear and convincing” evidentiary burden.

Most Rhode Island personal-injury suits must be filed within three years of the date of injury (R.I. Gen. Laws § 9-1-14(b)). Wrongful-death claims share the three-year deadline but run from the date of death. Some claims against government-owned vehicles require a notice of claim within three years under the Rhode Island Tort Claims Act, but shorter internal notice policies can apply. Missing these deadlines usually bars recovery, so early legal consultation is essential.

• Electronic Logging Device (ELD) data proves hours-of-service compliance and speed.
• Electronic Control Module (ECM) “black-box” data captures pre-collision speed, throttle, and braking inputs.
• Driver qualification file – includes CDL copy, medical examiner’s certificate, and prior employer references.
• Maintenance records and DVIRs reveal skipped brake overhauls or ignored tire wear.
• Load manifests and bills of lading identify parties involved in packing and shipping.
• Dash-cam and cargo-area video may corroborate eyewitness testimony.

Preservation letters should be dispatched within days, demanding that the carrier retain the truck, tractor, and data modules intact. Courts can impose adverse-inference sanctions if evidence is destroyed after notice.

• Call 911 and request medical help. Police accident reports are pivotal and should list all involved vehicles, carriers, and USDOT numbers.
• Seek immediate medical evaluation. Latent injuries, such as concussions, may not appear on the scene but become crucial evidence.
• Document everything. Photograph skid marks on Route 4, traffic-signal timing at Providence intersections, and weather conditions along the Newport Bridge.
• Identify witnesses quickly. Interstate drivers may leave the state, and trucking companies often persuade their employees not to speak.
• Report the crash to your insurer—cautiously. Provide facts, not opinions; do not give recorded statements to the trucker’s insurer without counsel.
• Contact a qualified truck accident attorney. Legal teams can dispatch accident-reconstruction experts and subpoena electronic data before it disappears.

Jeffrey Glassman Injury Lawyers has spent decades litigating complex commercial-vehicle crashes across Rhode Island, Massachusetts, and Connecticut. We routinely:

• Retain former FMCSA safety investigators to dissect logbooks and telematics.
• Use 3-D laser scanning to reconstruct scenes along I-295 or the Route 146 corridor.
• Coordinate life-care planners and forensic economists to project future medical costs and lost earning capacity.
• Handle all communication with insurers so clients can focus on healing.
• Advance litigation costs—expert fees, depositions, accident-reconstruction models—so financial barriers never stand between a victim and justice.

We prepare every case as if it will proceed to trial in Providence Superior Court, yet we leverage that readiness to negotiate full-value settlements. Past results do not guarantee future outcomes, but our track record shows a consistent ability to hold national trucking companies accountable.

A collision with a commercial truck upends lives in seconds, but the legal consequences stretch for years. Evidence fades, witnesses relocate, and carriers quietly rebuild vehicles unless swift action is taken. If you or a loved one has been injured in a truck accident anywhere in the Ocean State, from Providence to Westerly, reach out to Jeffrey Glassman Injury Lawyers today. A consultation is free, and we work on a contingency fee, meaning you pay no attorney fees unless we win your case.