Jaywalking and Comparative Negligence in Rhode Island
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The most common argument insurance companies make against injured pedestrians is that the pedestrian was jaywalking, crossing against the light, or not in a crosswalk. They use this argument to reduce, delay, or deny the claim. What they do not tell you is that jaywalking does not bar a pedestrian accident claim in Rhode Island. Under Rhode Island’s pure comparative negligence rule, you can recover even if you were significantly at fault for the accident.
At the Law Offices of Michael F. Campopiano, we represent pedestrian accident victims regardless of where they were crossing and fight to ensure their recovery reflects the true allocation of fault. Call us at (401) 288-3888 for a free consultation. You pay nothing unless we win.
Pure
Rhode Island follows pure comparative negligence — jaywalking reduces your recovery by your fault percentage but does not bar it entirely
Due care
Rhode Island drivers must exercise due care to avoid colliding with any pedestrian regardless of whether the pedestrian was in a crosswalk
Inflated
Fault percentages insurers typically try to assign to jaywalking pedestrians — MFC Law challenges these assignments with evidence of driver distraction and speed
What Jaywalking Actually Means Under Rhode Island Law
Jaywalking broadly refers to crossing a road outside a marked crosswalk or intersection, or crossing against a signal. Under RI General Law 31-18-5, every driver must exercise due care to avoid colliding with any pedestrian on any road. This duty exists even when the pedestrian is crossing where they should not be.
How Comparative Negligence Works in Jaywalking Cases
Under Rhode Island’s pure comparative negligence rule, fault is allocated between the parties as a percentage and your recovery is reduced by your own percentage but not eliminated:
- Example 1: Pedestrian crosses against a red light. Driver was texting. Jury finds pedestrian 30% at fault, driver 70% at fault. Pedestrian recovers 70% of total damages.
- Example 2: Pedestrian crosses mid-block. Driver was traveling at the speed limit. Jury finds 50/50 fault. Pedestrian still recovers 50% of total damages.
- Example 3: Pedestrian crosses mid-block. Driver was speeding and distracted. Jury finds pedestrian 20% at fault, driver 80%. Pedestrian recovers 80% of total damages.
Even a 50% at-fault pedestrian recovers 50% of their damages in Rhode Island.
In most states, being 51% at fault means you collect nothing. Rhode Island's pure comparative negligence system is one of the most victim-protective in the country.
How Insurance Companies Inflate Pedestrian Fault Percentages
Blanket Jaywalking Fault Assignments
Adjusters regularly assign pedestrian fault percentages of 40%, 50%, or higher based solely on the fact that the pedestrian was not in a marked crosswalk, without any analysis of the driver’s specific conduct, speed, distraction, or available reaction time. We challenge these blanket assignments with evidence.
Ignoring Driver Distraction and Speed
Driver distraction and excess speed reduce the driver’s available reaction time and increase their share of fault. We investigate phone records, dashcam footage, and event data recorder data to establish whether the driver was distracted or speeding, which counters the argument that the jaywalking pedestrian bears the primary fault.
What Compensation Can a Jaywalking Pedestrian Recover in Rhode Island?
Pedestrians injured outside a crosswalk can recover the same categories of damages as any other accident victim, reduced by their own fault percentage:
- Medical Expenses: All past and future treatment costs
- Lost Wages: Income lost during recovery
- Pain and Suffering: See our page on how pain and suffering is calculated in Rhode Island
- Reduced Earning Capacity: If permanent injuries affect future employment
Common Negligent Security Scenarios in Rhode Island
Apartment and Housing Complex Assaults
Landlords of multi-unit residential properties have a heightened duty to their tenants and guests. Assaults in stairwells, parking areas, laundry facilities, and common areas of apartment buildings with documented criminal histories are among the most common negligent security claims. We obtain the property’s crime history through police records and document the specific security failures that enabled the assault.
Bar and Nightclub Incidents
Bars, nightclubs, and late-night entertainment venues create a well-documented environment for altercations. Rhode Island establishments that fail to employ adequate door staff, properly train security personnel, maintain functioning cameras, or respond appropriately to escalating situations may be liable for assaults that occur on their premises or in immediately adjacent areas they control.
Hotel and Motel Attacks
Hotels have a heightened duty to guest security. Crimes committed in guest rooms, hallways, parking areas, and grounds of hotels with documented prior incidents are particularly strong negligent security cases. We subpoena the hotel’s prior incident reports, guest complaints, and security protocols as part of every hotel negligent security case.
Parking Lot and Garage Crimes
Commercial parking structures and surface lots, particularly those in areas with documented criminal activity, are required to provide adequate lighting, functional cameras, and in some cases security patrols. Armed robberies and assaults in dark, unmonitored parking structures are foreseeable and preventable.
How We Prove a Negligent Security Case
Obtaining the Property’s Crime History
We request police records and incident reports for the specific property address and surrounding area going back several years. A pattern of prior criminal activity at or near the property is powerful evidence that the crime that harmed you was foreseeable.
Documenting the Security Failures
We investigate and document the specific security measures that were absent or inadequate: inoperative lighting, broken locks, missing cameras, absence of security personnel. We photograph the property and preserve any evidence before it is repaired or upgraded following the incident.
Security Expert Testimony
We retain qualified security experts who can testify about the applicable industry standards for the type of property involved, what security measures were warranted given the property’s history, and how the specific failures enabled the crime that caused your injuries.
Damage Documentation
Negligent security injuries often include serious physical harm, psychological trauma including PTSD, and long-term functional impairment. We document all categories of damages through medical records, mental health evaluations, and economic analysis.
Common Defenses and How We Counter Them
“The Crime Was Not Foreseeable”
The most common defense is that the criminal act was unforeseeable. We counter this with documented prior criminal activity at the specific property, the location’s known crime environment, and any prior complaints or security concerns that were reported to the owner before the incident.
“The Criminal’s Act, Not Our Negligence, Caused the Harm”
Property owners argue that the criminal, not them, is the proximate cause of the injury. Rhode Island law recognizes that a property owner can be jointly responsible for harm enabled by their negligence, even when a third-party criminal committed the act. The criminal’s conduct does not insulate the negligent property owner from civil liability.
“The Victim Was Contributorily Negligent”
Under Rhode Island’s pure comparative negligence rule, any fault assigned to the victim reduces but does not eliminate recovery. We challenge inflated victim-fault assignments in negligent security cases where the criminal actor was the primary responsible party.
What Compensation Can You Recover in a Negligent Security Case?
- Medical Expenses: Emergency treatment, surgery, hospitalization, and all follow-up care
- Future Medical Costs: Ongoing treatment and rehabilitation projected over the victim’s recovery period
- Psychological Treatment: Therapy and psychiatric care for PTSD, anxiety, and trauma resulting from the attack
- Lost Wages: Income lost during recovery from injuries
- Pain and Suffering: Physical pain, emotional trauma, and the lasting impact on quality of life
Property Losses: Items stolen or destroyed during the crime
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- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions: Negligent Security in Rhode Island
1. Can I recover compensation if I was jaywalking when I was hit?
Yes. Rhode Island’s pure comparative negligence rule means jaywalking reduces your recovery by your assigned fault percentage but does not eliminate it. Even if you were 60% at fault for jaywalking, you recover 40% of your total damages from the driver.
2. What if I was crossing against the light?
Crossing against a signal may increase your assigned fault percentage, but the driver still has a due care obligation. If the driver was also at fault — speeding or distracted — both parties share fault and you recover proportionally.
3. How does the insurance company decide my fault percentage?
They propose a percentage based on their initial assessment. That number is negotiable. MFC Law challenges inflated pedestrian fault percentages with evidence of the driver’s speed, distraction, and specific traffic violations.
4. What if the driver fled after hitting me while jaywalking?
Your own uninsured motorist coverage may provide the primary recovery source. Jaywalking comparative fault still applies, but UM coverage responds to the driver’s liability portion of your damages.
5. How long do I have to file a jaywalking accident claim in Rhode Island?
Three years from the date of the accident under Rhode Island’s statute of limitations.
Why Choose the Law Offices of Michael F. Campopiano
for Your Pedestrian Accident Case?
Why Choose the Law Offices of Michael F. Campopiano for Your Pedestrian Accident Case?
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims throughout Rhode Island. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless. Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We represent pedestrian accident victims in:
And all surrounding Rhode Island communities.
For a full overview of Rhode Island pedestrian accident claims, visit our Rhode Island Pedestrian Accident Lawyer page.
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