Disclaimer: This article provides general information under Rhode Island law and is not legal advice.
Detailed Answer
In Rhode Island, anyone injured in a bus crash must prove both fault and damages to recover compensation. Under general negligence law, you need to establish four elements: duty, breach, causation, and damages. Strong evidence helps satisfy each element and withstand challenges from insurance companies or opposing parties.
Proving Fault
- Accident and Police Reports: Obtain the official crash report from local law enforcement. It records scene conditions, contributing factors, and citations.
- Eyewitness Statements: Collect contact information and signed affidavits from passengers, pedestrians, or other drivers who saw the collision.
- Video and Photographic Evidence: Secure dashboard camera footage, traffic camera recordings, or nearby surveillance videos. Take photos of vehicle damage, road markings, and traffic signals at the scene.
- Driver Records: Request the bus driver’s logs or electronic logging device data to show hours of service and potential fatigue.
- Maintenance and Inspection Logs: Review the bus operator’s maintenance records. Missing or delayed inspections can demonstrate a breach of the duty to keep the vehicle safe.
- Expert Testimony: Hire reconstruction specialists to analyze impact angles, skid marks, and vehicle dynamics. Experts can demonstrate how the crash occurred and who was at fault.
Proving Damages
- Medical Records and Bills: Preserve all hospital records, diagnostic imaging, treatment notes, and invoices to document the extent and cost of injuries.
- Lost Income Documentation: Submit pay stubs, tax returns, and employer statements to verify missed work and lost earning capacity.
- Rehabilitation and Care Expenses: Include receipts for physical therapy, medication, medical devices, and in-home care services.
- Pain and Suffering Evidence: Keep a personal injury journal detailing daily pain levels and activity limitations. Affidavits from family and friends can also illustrate emotional distress.
- Expert Medical Opinions: Obtain evaluations from treating physicians or life-care planners to estimate future medical needs and expenses.
Rhode Island follows a modified comparative negligence rule under R.I. Gen. Laws § 9-20-4. If you share fault, your recovery reduces by your percentage of fault. You cannot recover if you are more than 50% at fault.
Helpful Hints
- Preserve all physical evidence and document the scene immediately after the crash.
- Seek prompt medical attention, even for minor injuries, to create a clear treatment record.
- Obtain witness contact information before they leave the scene.
- Avoid discussing accident details on social media or public forums.
- Keep organized copies of all bills, receipts, and correspondence related to the crash.
- Consult a personal injury attorney early to protect your rights and guide evidence collection.