DUI Injury Attorneys Serving Rhode Island
Many fatalities that occur on Rhode Island roadways are caused by intoxicated drivers. In fact, according to reports from the Rhode Island Department of Health, even though the state’s percentage of auto accident-related deaths is lower than the country as a whole, the percentage of deaths due to DUI has been higher than the national average for more than a decade.
When you or someone you love becomes the victim of a drunk driving accident, you have specific rights under the law, including the right to seek compensation for your injuries and any related damages. Talking to an experienced drunk driving accident lawyer remains one of the best ways to understand your rights and options.
For a FREE consultation with one of our experienced Providence drunk driving accident lawyers, call (401) 273-8330 today. Mandell, Boisclair & Mandell has decades of experience helping drunk driving accident victims get justice. We serve Pawtucket, Cranston, and all nearby Rhode Island communities.
The Damages of DUI
Driving under the influence is a choice, and one that puts other people’s lives in grave danger. While the person driving drunk might face criminal penalties, victims often bear the brunt of the consequences. These can include:
Physical Injuries
DUI accidents often result in serious personal injury, ranging from traumatic brain injuries to spinal cord damage. These injuries often require immediate medical attention. They may also necessitate long-term care, which can include physical therapy, multiple surgeries, and ongoing medication.
Emotional and Psychological Toll
Beyond physical injuries, victims of drunk driving accidents often suffer emotional and psychological damage. Post-traumatic stress disorder (PTSD), anxiety, depression, and extreme mood swings are common after serious injury. These can severely impact your quality of life and even hinder your return to normal activities or employment.
Financial Burden
The cost of treating injuries sustained in a DUI accident can be significant. Initial emergency care, surgical interventions, long-term treatment plans, and rehabilitation—all of these contribute to medical bills that can quickly escalate into the tens or hundreds of thousands of dollars. Add to these expenses the loss of income due to time off work and the long-term diminishment of earning capacity, and the financial consequences of a drunk driving accident can quickly become apparent.
Loss of Life
The most tragic outcome of a DUI accident is the loss of life. Families are torn apart, leaving loved ones not only to deal with emotional loss but also financial hardships from funeral expenses and the sudden loss of a contributor to household income.
Rhode Island takes DUI offenses seriously. Conviction rates are high, and penalties can include hefty fines, imprisonment, and loss of driving privileges. However, the law’s punitive measures against offenders offer little to no help to victims and their families who have to carry the physical and emotional scars for life.
DUI victims are entitled to compensation. If you or a loved one has suffered harm, speaking to an experienced Providence drunk driving victim lawyer can help you understand your rights and legal options.
You May Be Entitled To Compensation After A DUI Accident
If you or a loved one has been adversely impacted by a drunk driving incident in Rhode Island, you should know that legal avenues exist to help you secure compensation for your losses. The team at Mandell, Boisclair & Mandell has close to five decades of experience in successfully helping victims of DUI accidents seek justice and secure the full compensation they are due.
Types of Damages Available for Victims of Drunk Driving Accidents
When injured in a DUI accident, various types of damages can be sought. Depending on the particulars of your case, these may include:
- Past and Future Medical Expenses. These might include emergency care, ongoing treatment plans, surgeries, medication, and rehabilitative services.
- Loss of Income and Earning Capacity. If your ability to work has been compromised, you can seek compensation for the income you’ve lost and future earnings that you’ll miss out on.
- Pain and Suffering. In many DUI cases, victims can seek compensation for emotional distress, physical pain, and a diminished quality of life in addition to economic damages.
In some drunk driving accident cases, punitive damages may be sought as well. These damages seek to punish behavior that is particularly egregious or maliciously intentional.
There is no limit on the amount of compensatory damages you can seek in Rhode Island. This means that our drunk driving accident lawyers can help you seek compensation well beyond the initial offerings of insurance companies. During your complimentary case review, we will carefully assess your claim, discuss the types of damages you may be entitled to, and help you decide if filing a personal injury claim is the best way to seek justice.
What If the Drunk Driver Isn’t Charged?
In the rare event that a drunk driver isn’t criminally charged in Rhode Island, you can still pursue a civil case for damages. Criminal and civil proceedings are separate. A lack of criminal charges does not absolve the driver of civil liabilities. In fact, the threshold for proving liability in civil cases is generally lower than in criminal cases, which means you may still be able to receive compensation even if the driver is not found criminally responsible.
When you are injured in a DUI accident, you may have been the victim of a crime even when criminal charges against the perpetrator are reduced or dropped. The Providence drunk driving accident lawyers at Mandell, Boisclair & Mandell have decades of experience advocating for victims of crime. We are here to hold drunk drivers to full account for their negligence.
Dram Shop Liability in Rhode Island
Under Rhode Island law, establishments such as bars, taverns, and restaurants can be held liable for serving alcohol to visibly intoxicated patrons who then cause harm to others. This falls under the realm of “Dram Shop Liability” (see Rhode Island General Laws § 3-14-6). These laws permit victims of drunk driving accidents to pursue claims against third-party establishments that may have contributed to a drunk driver’s impairment.
Understanding Dram Shop Negligence
When it comes to inappropriate service of alcohol liability, negligence is not always straightforward. Having a drunk driving accident lawyer investigate your claim can uncover negligent actions such as:
- Overserving a Patron. Ignoring or disregarding the need to cut off alcohol service to someone showing clear signs of intoxication, such as slurred speech, poor coordination, or overly aggressive behavior, and continuing to serve alcohol to the individual.
- Serving Minors. Knowingly serving alcohol to someone who is under the age of 21 or neglecting to check the ID of patrons who appear underage, thereby risking serving minors.
- No Training for Staff. Failure to adequately train staff in the responsible service of alcohol, including checking ID and identifying signs of intoxication.
- Encouraging Excessive Consumption. Offering drink specials or encouraging games that promote excessive drinking.
- Serving Alcohol Outside Legal Hours. Providing alcohol outside the time frames permitted by local or state laws. In Rhode Island, bars must stop serving by 1 a.m. under most circumstances.
- Failure to Call a Taxi or Prevent Departure. When it’s clear a patron is intoxicated and planning to drive, failure to take steps to prevent them from getting behind the wheel, such as calling a taxi or rideshare service.
If you’ve been a victim of a DUI accident in Rhode Island, Mandell, Boisclair & Mandell is committed to helping you receive the compensation you rightfully deserve. During the investigative process, we will review all contributing factors to identify each party that may bear a portion of the blame. By properly assessing liability, we can better seek the maximum compensation your injuries demand.
Do I Need a Drunk Driving Accident Lawyer?
Having a lawyer on your side can significantly improve your chances of securing full compensation. Our Providence drunk driving accident lawyers can offer:
Experienced Legal Guidance
The legal procedures following a DUI accident can be confusing and overwhelming. A drunk driving accident victim lawyer will guide you through the process, ensuring that you understand each step and what’s required from you.
Thorough Investigations
A comprehensive investigation into your accident and all contributing factors is necessary for establishing liability. A DUI accident lawyer will carefully review the details of your accident to ensure all liable parties are identified and build a legal strategy tailored to the specifics of your case, increasing the likelihood of a successful outcome.
Strategic Negotiation Skills
When it comes to settling your claim, the negotiation skills of your drunk driving accident lawyer can make a significant difference in the compensation you receive. Many of these cases settle before trial, making skilled negotiation an important part of receiving fair compensation.
Representation at Trial
When a drunk driving accident claim goes to trial, having a proven litigator on your side is essential. Trials require substantial evidence and may take months of preparation. A drunk driving victim attorney will understand how to build solid cases and fight for the just compensation you are due.
By enlisting the help of an experienced drunk driving accident lawyer, you’re not only protecting your rights but also significantly increasing your chances of receiving the compensation you rightly deserve. With close to fifty years of experience in representing injured people in Rhode Island, Mandell, Boisclair & Mandell is committed to serving your best interests.
Mandell, Boisclair & Mandell Is Here To Help
When you’re grappling with the aftermath of a drunk driving accident, choosing the right legal representation makes all the difference. At Mandell, Boisclair & Mandell, we’ve built a legacy close to five decades, focused on delivering justice for those who need it most. Upheld by our firm’s values of honesty, empathy, and professionalism, we are committed to fighting for your rights and providing you with the strongest representation possible.
Our approach is unique. We deliberately maintain a select caseload to ensure that each client benefits from individualized attention. Our seasoned partners are actively involved in the day-to-day particulars of each client’s case, providing unmatched legal expertise.
We have secured numerous million- and multi-million-dollar verdicts and judgments for victims of personal injury in Rhode Island. We take case preparation to a new level, performing in-depth investigations to secure all relevant evidence. Our firm has influenced landmark decisions that have shaped public policy and institutional operations.
We understand that the legal process is just one part of your journey to recovery. That’s why our dedicated lawyers and staff are available to you at all times, responding promptly to your questions and concerns. With Mandell, Boisclair & Mandell by your side, you’re not just a client; you’re part of a unique relationship built on trust, respect, and a shared commitment to justice.
If you’re seeking a strong, compassionate advocate in your corner, Mandell, Boisclair & Mandell is here to help. With us, you can be confident that you’re not just a case number but a valued client deserving of justice and compensation.
In Rhode Island, the legal BAC limit for adults aged 21 and older is 0.08%. Anything at or above this for private, non-commercial drivers is considered drunk driving. Commercial drivers at or above .04% can be charged with DUI. For drivers under the age of 21, anything above .02% is considered driving drunk (R.I. Gen. Law § 31-27-2).
Here’s the thing, though: a driver needn’t have a BAC over a specific limit to be “drunk.” Even at low levels, visual function declines, muscles overrelax, and judgment slows. Coordination can be impacted by just one drink, as can processing skills and reaction times. When someone who is altered, even slightly, harms you or someone you love, you are entitled to hold them accountable and seek compensation for all of the damages they cause.
At Mandell, Boisclair & Mandell, our Providence drunk driving injury lawyers know the devastation irresponsible drivers wreak. We are here to protect your rights and help you secure every penny you are due.
When a crash is caused by a drunk driver, determining that they were intoxicated can help in establishing liability. Several pieces of evidence might be used for this purpose, including:
- Police reports
- Arrest records
- Breath, blood, or urine test results
- Body cam, dash cam, and surveillance video
- Witness accounts of drinking before the crash
- Bar receipts or credit card records
In some cases, accident reconstruction experts may be employed to analyze the wreck for signs of driver intoxication. Physical evidence, such as skid marks, braking patterns, and vehicle damage, can all indicate the presence of alcohol or drugs, even in the absence of other evidence.
Mandell, Boisclair & Mandell has decades of experience investigating drunk driving accidents. We know the signs to look for and evidence to explore, and we know how to build strong cases that help victims get justice.
Yes. In Rhode Island, you can absolutely sue a bar or restaurant for injuries caused by a driver they overserved. Under Rhode Island’s Liquor Liability Act (R.I. Gen. Laws § 3-14), victims of drunk driving crashes have a legal right to bring a claim against any licensee that negligently serves a visibly intoxicated person or recklessly serves a minor who later causes harm.
Dram shop liability law in Rhode Island allows people injured by drunk drivers to hold establishments accountable for the irresponsible serving of alcohol. The Providence drunk driving victim lawyers at our firm use receipts, security footage, eyewitness testimony, and more to determine if a bar, restaurant, nightclub, or other establishment was a proximate cause of your injuries.
There are typically two types of damages sought in a drunk driving injury claim: economic, which covers things like medical expenses and lost wages, and non-economic, which covers pain and suffering. A third type of damages, punitive damages, may be awarded as well.
Courts may award punitive damages when a defendant’s conduct shows malice, wilful misconduct, or reckless disregard for the safety of others. While not often awarded, punitive damages may become a factor in cases involving things like extremely high BAC levels, prior DUIs, racing through a school zone, and similarly egregious behavior.
Our Providence drunk driving injury lawyers work to maximize compensation. We will pursue all of the damages you might be entitled to.
Uninsured and underinsured motorists pose a significant risk to everyone on the road. This is even more true when they drink. But victims of uninsured drunk drivers may still be able to recover damages by filing a claim under their own UM/UIM coverage.
All insurers are required to offer UM/UIM coverage in Rhode Island, but not all drivers carry it. When you have UM/UIM coverage, your lawyer will be able to review your policy, stack coverages when possible, and negotiate with your carrier to secure compensation. If you do not have coverage, it may be possible to pursue damages through the negligent driver’s estate or against the establishment that served them.
Our Providence drunk driving victim lawyers consider all potential sources of compensation when seeking damages. It is our goal to ensure you receive maximum compensation, no matter where it may come from.
You can sue a negligent driver for your injuries even if they aren’t charged with DUI. Criminal proceedings do not impact civil actions. Even if a driver is acquitted, has their charges reduced, or sees charges dropped, their civil liability remains.
We rely on police reports, field-sobriety findings, witness statements, and more to prove negligence in civil court. This means that even if someone’s BAC is below the legal threshold for criminal charges, we can still pursue compensation for your medical bills, lost wages, pain and suffering, and more.
Straightforward cases with clear liability and modest injuries may resolve within a few months. Complex claims with severe injuries, multiple defendants, or dram shop allegations may take 12 months or longer, especially when a trial is needed.
Each personal injury claim is unique, making it difficult to provide an accurate timeline estimate without first understanding your situation. However, according to studies from the Bureau of Justice Statistics, only around 4% of personal injury claims go to trial. Claims that settle before trial typically take less time. They may also, however, result in you accepting less than you are owed.
At Mandell, Boisclair & Mandell, our Providence drunk driving injury lawyers balance speed and value. Our goal is the best outcome possible, not the fastest resolution we can achieve.
Under R.I. Gen. Laws § 10-7, spouses, children, parents, or a court-appointed executor can seek damages through a wrongful death lawsuit. Known as the “Death by Wrongful Death Act,” families who have lost a loved one in a drunk driving accident may be entitled to a minimum of $350,000 in damages. Depending on the circumstances, grieving families may be entitled to even more.
When a loved one is killed by a drunk driver, it’s important to have a legal team on your side that can truly help you get justice. For nearly 50 years, our Providence drunk driving victim lawyers have held negligent drivers and establishments accountable and helped countless people achieve fair and full compensation. We have secured a number of significant settlements and verdicts, including a 2006 verdict that was, at the time, the largest dram shop verdict in Rhode Island history.
If you are grieving, we are here to provide support, protect you against the predatory tactics of insurance companies, and fight for the compensation your family needs to carry on.
Contact Our Providence Drunk Driving Accident Lawyers Today!
If you have been injured or a loved one has been killed by a drunk driver, you are not alone. Contact us online or call us at (401) 273-8330 today for a FREE and confidential consultation with one of our experienced Providence drunk driving accident lawyers. We proudly represent victims of drunk drivers in Providence, Coventry, Lincoln, and all surrounding Rhode Island communities.
