Car accidents are relatively common, and injured drivers may file insurance claims or lawsuits to seek damages from the at-fault driver. Multi-car accidents are also possible, but determining fault is often more challenging because more people are involved. It is best to get help from an experienced lawyer who can help you determine who is at fault.
In a multi-car accident, one or more drivers might be at fault. We need evidence from the accident to prove how it happened and who is to blame. When more than one person is responsible, the court may apply laws of proportional responsibility. Essentially, the jury may examine numerous factors and pieces of evidence to determine the responsibility of each driver involved, including the plaintiff. Even if you share some fault for the accident, you may still recover damages as long as your fault does not exceed the defendants’.
Obtain a private, free review of your case by calling our Austin, TX car accident lawyers with the Cap City Injury Attorneys at (512) 612-3110.
How Do We Prove Fault in a Multi-Car Accident?
Multi-car accidents are often complicated, and determining who is responsible and who is a victim is rarely simple. One driver might be at fault, or multiple drivers might share blame for the accident.
To help prove that one or more drivers are responsible for the accident and your injuries, we need evidence of the accident. For example, security cameras and dashcams might have recorded videos of the accident as it happened. If the entire accident was caught on camera, the footage might be extremely important to proving fault.
We can also talk to witnesses. Other drivers, passengers, and pedestrians might have seen the accident unfold. The more people who can testify about what they saw, the stronger our case may be.
In especially complex cases, accident reconstruction experts can review the accident and scientifically determine how it happened.
What Happens if More than One Driver is at Fault in a Multi-Car Accident?
There is a good chance that multiple drivers are at fault for a multi-vehicle accident. We may include as many drivers in your lawsuit as we feel is necessary. When determining fault for all these drivers, the court may apply the laws of proportionate responsibility.
Proportionate responsibility is determined according to Tex. Civ. Prac. & Rem. Code § 33.003(a). Each defendant’s fault may be expressed as a percentage. For example, one defendant might be deemed 25% responsible for the accident while another is deemed 75% responsible.
The trier of fact, usually the judge or a jury, may examine each person’s acts, omissions, conduct, legal violations, and anything else that is relevant to determine proportionate responsibility. Each party may be examined, including the plaintiff.
Important Factors Used to Determine Fault in Multi-Vehicle Crashes in Austin, TX
Various factors around the accident may be considered when we prove fault.
One of the most important factors is the first strike. Whose vehicle was the first one to strike another vehicle? Often, the first strike is indicative of the source of the accident, and this person might hold the largest share of fault. However, multi-vehicle accidents often stem from the negligence of multiple drivers, and others may still be held liable.
Speed is another important factor. Even if a vehicle was not involved in the first strike, the driver might have been speeding and unable to avoid colliding with the other cars. Their negligent speeding contributed to the accident and your injuries, and they should share some of the fault.
Did anyone commit acts of negligence right before the accident? If so, they may be more likely to share a higher degree of fault. Running red lights, failing to stop for signs, and other common violations may have contributed to the accident.
What Happens if I am Partially at Fault in a Multi-Car Accident?
With so many drivers involved in the accident, someone will probably accuse you of contributing to the accident. Again, the court may apply proportionate responsibility laws.
When a plaintiff is deemed to be partially responsible for their injuries, the court may adjust their damages under a modified comparative negligence rule. According to Tex. Civ. Prac. & Rem. Code § 33.012, the plaintiff’s damages may be reduced according to their share of fault. If you are only 5% responsible, your damages may be reduced by 5%.
This rule has its limits. If a plaintiff is more than 50% responsible, meaning their share of fault exceeds that of all of the defendants, they may be barred from recovering anything.
How Fault is Determined in an Auto Insurance Claim
Fault in an insurance claim may be determined in much the same way as in a civil lawsuit. However, insurance companies are not bound by civil procedure or the rules of evidence.
We may be able to submit proof to an insurance company that would not be admissible in court. For example, in a court of law, police reports about car accidents are usually inadmissible because they violate the evidentiary rule against hearsay. However, many insurance companies not only want to see a copy of the police report, but they might also make it a mandatory part of a claim.
Who Do I Sue if More Than One Driver is at Fault for a Multi-Car Accident?
In a multi-car accident case, you can sue as many drivers as you believe are necessary. This might be one other driver, two drivers, or more. There is no limit to the number of people we can include, as long as we reasonably believe them all to be somehow directly responsible.
Generally, you may sue all the defendants in a single lawsuit. However, we might be dealing with multiple cases under certain circumstances. For example, some drivers might agree to pay you a settlement while others refuse.
It is important to remember that even when some drivers settle and others do not, all must be considered when a judge or jury determines proportionate responsibility in court.
For a Free Case Review, Call Our Austin, TX Car Accident Lawyers
Receive a private, free evaluation of your case by calling our Austin, TX car accident attorneys with the Cap City Injury Attorneys at (512) 612-3110.