Why is Halloween so dangerous for pedestrians?

Darkness, costumes with limited visibility, distracted driving, alcohol and increased foot traffic make Halloween one the deadliest holidays, especially for children.

Are homeowners liable if someone gets hurt on their property on Halloween?

Possibly. Property owners have a duty to keep walkways and stairs well-lit and free of hazards. If a visitor is injured due to unsafe conditions, it could lead to a premises liability claim.

What should parents do to keep kids safe while trick-or-treating?

Make sure costumes fit properly, add reflective elements, supervise children, and use flashlights or glow sticks for visibility.

What are the penalties for DUI in Rhode Island?

A first-offense DUI can lead to license suspension, fines up to $500, community service, mandatory education, and possible jail time — penalties increase sharply for repeat offenses or crashes involving injuries. The bottom line is NEVER drink and drive.

What should I do if I, or my child, is hit by a car?

Call 911, seek medical attention, document the scene, and contact a qualified attorney to guide you and protect your rights.

Who Is at Fault in a Rear-End Car Accident in Rhode Island?

Ann Sheeley
4 days ago
4 min read

Sheeley Law Issues Halloween Safety PSA for Rhode Island

Rear-end collisions are among the most common types of car accidents in Rhode Island—and some of the most misunderstood when it comes to legal fault. If you've been hit from behind (or you're the one who did the hitting), you’re not alone in wondering: Who is at fault in a rear-end accident?

This is a frequent question we receive at Sheeley Law, and the answer depends on the specific facts of your case. Below, we explain how fault is determined under Rhode Island law, what evidence matters most, and what steps to take if you were injured in a rear-end crash. Need immediate help? Call Sheeley Law 24/7 at (401) 619-5555 for a free consultation.

Is the Rear Driver Always at Fault?

In most cases, yes. Rhode Island law assumes that the driver in the back must maintain a safe following distance and remain in control of their vehicle. When a rear-end crash occurs, it’s usually because the following driver failed to brake in time, was distracted, or was driving too fast for traffic conditions.

However, fault is not automatic. There are circumstances where the lead driver can share or even bear most of the responsibility.

When Could the Front Driver Be at Fault?

Some situations where the front driver may be held partially responsible include:

Sudden, unnecessary braking – If the front driver slams on the brakes without reason.
Broken or failure to use brake lights – If the rear driver had no warning the vehicle was stopping.
Unexpected reverse – If the front car backed into the vehicle behind it, causing the crash.
Brake checking or road rage – Aggressive or retaliatory behavior that leads to a collision.

Every crash is different, and facts matter. Fault is determined based on evidence, not assumption.

How Is Fault Determined in Rhode Island?

After a rear-end accident, insurance adjusters from each driver’s insurance company will investigate to determine who was primarily responsible. They review the available evidence, but their conclusions are not final, especially when there’s disagreement over liability or injuries.

Common forms of evidence include:

Police reports
Dashcam or surveillance footage
Witness statements
Vehicle damage analysis
Statements made to insurance adjusters

Because insurance companies protect their own financial interests, it’s important to speak with a skilled Rhode Island personal injury attorney before giving a recorded statement or accepting any low-ball settlement offers.

Rhode Island’s “Pure Comparative Negligence” Rule

Rhode Island follows a pure comparative negligence system. This means that more than one person can share blame for an accident, and your compensation is reduced by your percentage of fault.

Example: If your total damages are $100,000 and you’re found 25% responsible for the crash, you can still recover $75,000.

This rule ensures that even if you’re partly at fault, you may still recover significant compensation for your medical bills, lost wages, pain and suffering, and property damage. An experienced attorney can help maximize your recovery under this rule.

What to Do After a Rear-End Accident in Rhode Island?

Call the police – Always get an official accident report.
Take photos – Document damage, road conditions, and skid marks.
Seek medical attention – Even minor pain or whiplash can worsen over time.
Exchange information – Get contact and insurance details from everyone involved.
Do not admit fault – Avoid statements that could be used against you.
Contact a personal injury lawyer – Protect your rights and let an experienced attorney like Ann Sheeley handle the insurance companies.

Should You Hire a Lawyer if You Were Injured in a Rear-End Crash?

Many people assume rear-end accidents are straightforward, but disputes often arise over fault, medical evidence, and insurance coverage. Having an experienced Rhode Island personal injury lawyer ensures your rights are protected and you’re not pressured into an unfair settlement.

A reputable car accident attorney like Sheeley Law will:

Offer a free, no obligation consultation to determine if you have a legitimate case.
Investigate and gather evidence to prove negligence.
Handle communication and negotiations with insurance adjusters.
Meet all filing deadlines and court requirements.
Pursue maximum compensation for medical expenses, lost wages, and pain and suffering.

Navigating a car accident claim in Rhode Island can be complex, especially when insurance companies dispute fault. Sheeley Law has over 30 years of experience representing accident victims and fighting for full compensation.

📞 Call 401-619-5555 or email asheeley@sheeleylaw.com for a free consultation.

❓Frequently Asked Questions

Q: Who is usually at fault in a rear-end collision in Rhode Island?

A: In most cases, the driver who hits another vehicle from behind is at fault because Rhode Island law requires drivers to maintain a safe following distance. However, the lead driver can share fault if they stopped suddenly, had broken brake lights, or reversed unexpectedly.

Q: Can both drivers share fault for a rear-end accident?

A: Yes. Rhode Island uses a pure comparative negligence system, meaning both drivers can share blame. Even if you were partly responsible, you may still recover compensation—reduced by your percentage of fault.

Q: How do insurance companies determine fault in a rear-end crash?

A: Insurance adjusters review police reports, photos, damage patterns, and witness statements. Their assessment isn’t final, so having an attorney review their findings can help protect your claim.

Q: Should I speak to the insurance company before hiring a lawyer?

A: It’s best to consult a personal injury attorney first. Insurance companies aim to minimize payouts, and a lawyer can help you avoid saying anything that might hurt your case.

Q: What compensation can I receive if I was injured in a rear-end accident?

A: Depending on your injuries, you may be entitled to compensation for medical expenses, lost income, vehicle repairs, pain and suffering, and future medical care.

Q: How long do I have to file a car accident claim in Rhode Island?

A: Generally, you have three years from the date of the accident to file a personal injury claim under Rhode Island law. It’s best to contact a lawyer as soon as possible to preserve evidence.