Forty-eight percent of the pedestrians killed on Rhode Island roads between 2012 and 2021 were over the age of 60, according to the Rhode Island Highway Safety Plan Annual Grant Application, FFY2025 published by RIDOT’s Office on Highway Safety in 2024. A person on foot has nothing between them and the vehicle, so the injuries are often severe, a head or brain injury among them. What happens next is decided by a set of Rhode Island rules that are more favorable to you than most people expect.
Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. represents people who were hit while walking in Newport and across Newport County. This page sets out who pays, what the driver owed you, and how long you have.
Why Newport families bring pedestrian claims to us
Adam J. Resmini has been a partner in our civil litigation division since 2009 and clerked for Judge Daniel Procaccini in the Rhode Island Superior Court before that. Our published results include a settlement he reached of more than $1 million in a case that opened with a complete denial of liability and a zero offer.
Fault is usually the first thing an adjuster raises in a pedestrian claim, and the sections below set out what Rhode Island law actually requires of a driver. Our published results include a truck accident case involving a pedestrian, resolved for more than $4 million.
Who pays for your injuries when Rhode Island has no PIP?
Rhode Island is an at-fault state. There is no personal injury protection and no injury threshold you have to clear first, so the driver’s liability insurer is the party that pays. If you have health insurance, it generally carries your treatment while the claim runs.
Rhode Island drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage, or a combined single limit of $75,000. Those are the minimum limits defined at § 31-47-2(13)(i)(A). Those are thin limits against a serious pedestrian injury, and many drivers carry no more than the minimum.
That is why your own policy matters even though you were on foot. An insurer shall provide uninsured motorist coverage equal to your bodily injury limits unless you signed it down in writing (§ 27-7-2.1(a)), and “uninsured motorist” includes an underinsured one (§ 27-7-2.1(g)). That coverage can respond to a crash in which no vehicle of yours was involved, and depending on how a policy defines who is insured, a household member’s policy may reach you too. It is easy to overlook when you were on foot, which is why it belongs on the list alongside the driver’s own coverage in any Newport car accident claim.
What the driver owed you under Rhode Island law
Where traffic control signals are not in place or not operating, a driver must yield to a pedestrian crossing in a crosswalk, slowing or stopping if that is what yielding takes (§ 31-18-3(a)). That duty is owed once the pedestrian is on the driver’s half of the road, or is approaching closely enough from the other half to be in danger. It gives way only where a pedestrian tunnel or overhead crossing has been provided (§ 31-18-6).
The duty does not stop at the paint. Every driver must exercise due care to avoid colliding with any pedestrian on the roadway, sound the horn where that is needed, and take proper precaution on seeing a child or any obviously confused, intoxicated or incapacitated person (§ 31-18-8). That obligation runs the length of the roadway, at mid-block as much as at a painted crossing.
Where the driver did not stop at all, the claim runs through your uninsured motorist coverage and the police investigation together, which is the route we take on a Newport hit and run.
Being outside a crosswalk does not end your claim
Crossing anywhere other than a marked crosswalk, or an unmarked crosswalk at an intersection, means you owed the right of way to all vehicles upon the roadway (§ 31-18-5). Section 31-18-3(a) carries a second point insurers reach for: no pedestrian may suddenly leave a curb or other place of safety and walk into the path of a vehicle so close that the driver cannot yield.
What the insurer says, and what the statute says
Insurers often argue that stepping off a marked crossing decides the case. Rhode Island law says something different. Under § 9-20-4, the fact that an injured person “may not have been in the exercise of due care” shall not bar a recovery; damages are instead reduced in proportion to that person’s share of the fault.
There is no percentage cutoff anywhere in the statute. Rhode Island is a pure comparative negligence state, so a pedestrian found 90 percent responsible is not barred; the award is reduced by that 90 percent. Fault outside a crosswalk is a number applied to the award, not a door closing, and the driver’s due-care duty under § 31-18-8 was still running the whole time. Our published results include a recovery of more than $1 million for a pedestrian struck at night, away from a crossing.
Your deadline, and where a Newport case is heard
You generally have three years from the date the claim accrues, which for most pedestrian crashes is the day of the crash, to bring a personal injury claim (§ 9-1-14(b)). Where a pedestrian dies of their injuries, § 10-7-2 allows three years from the date of death, or from when a wrongful act unknown at the time of death was or should have been discovered.
That claim is brought by the executor or administrator of the estate, so an estate has to be opened before suit, though loss-of-society and consortium claims under § 10-7-1.2 are brought by the family members in their own names. A defendant found liable is liable in damages of at least $350,000 under § 10-7-2. That is a floor on the award rather than a figure the family will necessarily collect, because what is recoverable still depends on the insurance available and on any share of fault.
Value decides the courtroom. The Superior Court has exclusive original jurisdiction above $10,000 and the District Court handles claims of $5,000 or less. Between those figures the two share it, and a defendant may demand removal to the Superior Court in the answer (§ 8-2-14(a), § 8-8-3). The District Court’s Second Division covers Newport and neighboring towns (§ 8-8-2). A Newport County Superior Court filing is the usual route for a serious pedestrian claim, though Superior Court venue turns on where the parties live, or where a defendant can be found, rather than on where the crash happened (§ 9-4-3).
Newport Pedestrian Accident Frequently Asked Questions
Does Rhode Island bar my claim if I was partly at fault?
No. Rhode Island is a pure comparative negligence state under § 9-20-4, and the statute contains no percentage cutoff at which a claim fails. Your share of the fault reduces the award proportionally instead. A pedestrian found 90 percent responsible is not barred, and the award is cut by that 90 percent.
Can I still bring a claim if I was outside a crosswalk?
Yes. Crossing away from a crosswalk means you owed the right of way to vehicles under § 31-18-5, so some fault will be argued against you. The driver’s duty of due care under § 31-18-8 applied all the same, and § 9-20-4 reduces a recovery for shared fault rather than ending it.
Who pays my medical bills after a pedestrian accident in Newport?
Rhode Island does not require PIP, so there is no automatic first payer unless you bought medical payments coverage on your own policy. If you have health insurance it generally covers treatment as you go, and the at-fault driver’s liability insurer pays the claim itself, including medical costs, once it resolves. Health insurers commonly seek reimbursement out of a settlement.
What if the driver who hit me was uninsured or underinsured?
Your own auto policy is the next place to look. An insurer must provide uninsured motorist coverage equal to your bodily injury limits unless you signed it down in writing (§ 27-7-2.1(a)), and that coverage includes underinsured drivers (§ 27-7-2.1(g)). It can apply even though you were walking, and it can apply through a household member’s policy.
How long do I have to bring a pedestrian accident claim?
Generally three years from the date the claim accrues, under § 9-1-14(b), which for most pedestrian crashes is the day of the crash. A wrongful death claim runs three years from the date of death under § 10-7-2, a different date where someone survives for a period before dying. A missed deadline usually ends a claim, and a small number of exceptions can move the date, so it is worth checking rather than assuming you are out of time.
What happens if a family member died from their injuries?
Under § 10-7-2 the estate has three years from the date of death, and the claim belongs to the executor or administrator, so an estate has to be opened before suit. Loss-of-society and consortium claims under § 10-7-1.2 are the exception, brought by family members in their own names. A defendant found liable owes damages of at least $350,000, a floor on the award rather than a sum the family will necessarily collect.
Where will my Newport pedestrian accident case be heard?
That depends on what it is worth and on where the parties live (§ 9-4-3). The Superior Court has exclusive original jurisdiction above $10,000, and a Newport County Superior Court filing is the usual route for a serious pedestrian claim. Claims of $5,000 or less go to the District Court, whose Second Division covers Newport (§ 8-8-2).
What did the driver owe me under Rhode Island law?
Two things. Where traffic signals are not in place or not operating, a driver must yield to a pedestrian in a crosswalk under § 31-18-3(a). A driver must also exercise due care to avoid colliding with any pedestrian anywhere on the roadway under § 31-18-8, sounding the horn where necessary and taking extra precaution around children.
Talk to a Newport pedestrian accident lawyer
If you or someone in your family was struck while walking in Newport, a free consultation is the place to start. We will go through how the crash happened, which policies are in play, and where the three-year deadline leaves you, and give you a straight answer about whether there is a claim worth bringing.
We promise to call back within the hour if we are busy, and we personally take your calls, not a call center. Call 401-367-4655 or contact us to speak with Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. about a Newport pedestrian accident claim.