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I was sideswiped on the driver's side causing me to swerve to the right into a barrier totaling my car and causing severe injury

Tiverton, RI |

I received a citation in the mail. The other driver did not stop; it was a hit and run.

Attorney Answers 5


  1. Did you report it to the police and/or your insurance company? Retain a local criminal defense/traffic attorney to represent you on the citation and maybe he/she can find out why they are charging you and what happened to the other vehicle.

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  2. I'm not sure yet what's your question is but if you can prove were sideswiped you should be able to avoid the citation, and be able to pursue a claim for damages against your own uninsured motorist coverage.

    Rhode Island is a very small jurisdiction so it's important that you consider the possibility that people who you know may see your question or that the facts discussed here may be subject to discovery requests if you become involved in litigation. Please remember that it is not possible to give proper legal advice without a thorough consultation and this answer is meant only to provide you with some guidance. Contact an experienced attorney at your earliest convenience to discuss your case thoroughly. The above was provided purely for informational purposes and does not create an attorney-client relationship between the questioner and the attorney.


  3. You may very well need to retain a criminal defense attorney to defend the citation. Retain a personal injury attorney to ensure that your UM policy pays fairly for your injuries. Best of luck

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  4. I'm not certain why you would have received a ticket based upon what you described, but you will definitely need to fight the ticket at the RI Traffic Tribunal. As for your injuries, in RI physical contact is not required in a hit and run accident to prove that you were essentially run off the road. That determination will be based upon your credibility. That said, any physical damage to the driver's side of your vehicle would certainly help prove you got hit and run into the barrier. You need an attorney for traffic court as well as an experienced personal injury attorney to help you explore all potential coverages that may be available to you to compensate you for your injuries and damages. We are not allowed to actively solicit on AVVO, so you should feel free to do some more research on this site, or feel free to click on the link for more info. I wish you the best of luck and a speedy recovery.


  5. You need to appeal the citation and fight it in traffic court. If you are injured then contact a local personal injury lawyer. The fact that the other driver left the scene makes this a Uninsured Motorist claim you can file with your own auto insurance carrier.

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