In the spring of 2016, client was driving her car south on Gibbs Avenue when a man, who was backing his truck out of a driveway into Gibbs Avenue, colliding with client. The collision caused client to suffer injuries to her back, arms, and neck. The Newport Police and Rescue arrived on the scene, and client was taken by ambulance to Newport Hospital. Client was ultimately discharged from the hospital and told to follow up with her primary care physician. Client treated with a chiropractor and physical therapist for nine months. She suffered great mental and physical pain and suffering, lost wages from not being able to work, and property damage to her car.
The operator of the truck that struck client was cited by Newport Police for a motor-vehicle violation of Rhode Island General Laws 31-15-12.1, which states in pertinent part that- “The driver of a motor vehicle shall not enter an intersection whether or not any traffic signal is green unless there is sufficient space in the roadway he or she is about to enter…”
In negligence cases, to be awarded a personal injury settlement, a plaintiff must be able to prove by a preponderance of the evidence that an alleged tortfeasor was in fact negligent. The elements that must be proven are as follows:
1.) There was a duty of care owed to the plaintiff;
2.) That duty was breached by the defendant;
3.) The actions or inactions of defendant were the actual and proximate cause of the accident;
4.) And as a result, damages were incurred by plaintiff.
Often times, when a defendant has committed a violation of a statute, it becomes much easier to prove the above elements. In this case, because defendant had committed a driving offense under Rhode Island General Laws, Attorney Noah Kilroy was able to apply pressure on defendant’s insurance company to settle the case for the policy limit of $20,000. Client was reimbursed for her lost wages, property damage to her car, and most importantly, her pain and suffering that she endured.
If you or a loved one has suffered personal injury as a result of negligence, contact Rhode Island Personal Injury Lawyer Noah J. Kilroy immediately. Schedule your free consultation today by calling or texting 401-855-9023.