One of the most crucial aspects of every car accident is determining liability. Liable parties in a car accident are usually responsible for part or all of the damages the accident victims sustain. In a multi-vehicle accident, determining fault entails identifying the driver that initially acted negligently. Determining fault in a multi-vehicle accident is often complicated because several parties could be liable, each with a certain degree of fault. If you are involved in a multi-vehicle accident, an experienced personal injury attorney will help you identify the responsible parties and help you file a claim to seek compensation for financial losses and injuries.
Types of Multi-Vehicle Accidents
Certain types of accidents usually involve several vehicles:
Rear-End Collisions
Rear-end collisions often result in a chain reaction involving multiple vehicles. This accident occurs when one car crashes on the rear end of another car, making the vehicle that was struck crash into the rear end of the car ahead. A rear-end collision starts a chain reaction depending on the traffic conditions and the collision's speed. If the accident happens too fast, the car that initiated the crash could rear-end the car in front of it. The chain reaction could move forward, backward, or both.
T-bone/Intersection Accidents
Typically, T-bone accidents occur at an intersection. A T-bone accident may occur when the driver makes an improper turn or runs the stop sign or the red light. In an intersection crash, one vehicle strikes another vehicle perpendicularly. Other cars must act quickly when a T-bone accident occurs to avoid being part of the collision. When a T-bone accident happens when the involved vehicles are at high speed, the car that was struck might be pushed in the way of on-coming traffic, causing a multi-vehicle accident.
Head-on Collisions
A head-on crash occurs when a car collides with the head of another car. These types of accidents often block traffic in one or several lanes, causing a multi-vehicle accident. In instances when there’s high traffic, other drivers might end up crashing into the vehicles involved in the original crash, resulting in a multi-vehicle pileup, resulting in devastating injuries, vehicle destruction, and sometimes, fatalities.
Highway Crashes
Multiple-car pile-ups are common when accidents occur on the highway. When a vehicle moves at high speed, it can be challenging for the driver to control it, especially when another car strikes. In addition, highways are often busy, and when one vehicle initiates an accident, additional vehicles join the wreckage.
Cargo Accidents
Trucking companies, employees, and truck drivers must uphold high safety standards when securing cargo for transport. When cargo is not secure, it might detach and fall on other vehicles, causing a multi-vehicle accident. Other cars will swerve to avoid the cargo and end up crashing into other vehicles. Usually, trucks take up a lot of space on the roads. Therefore, when an accident involving a truck or its cargo occurs, it often involves other vehicles.
Determining Fault in a Multi-vehicle Crash
It can be challenging to figure out who is at fault when you suffer injuries in a vehicle crash involving three or more vehicles. It is advisable to contact an experienced attorney who will investigate the crime and help you identify the liable parties. An attorney will obtain the police report, interview witnesses, and review accident photos or videos if available.
How first an attorney identifies the responsible party will depend on the complexity of the accident. Usually, in a rear-end chain accident, the vehicle at the rear of the chain is often at fault. Your attorney may employ an accident reconstruction expert to identify the driver that started the accident. In most multi-vehicle accidents, the driver who causes the initial accident is liable.
The Leading Causes of Multi-Vehicle Accidents
There are numerous causes of multi-vehicle accidents, including:
-
Distracted driving
-
Operating a cellphone while driving
-
Speeding
-
Road rage or aggressive driving
-
Intoxicated driving
-
Reckless driving
-
Fatigued driving
-
Poor visibility, bad weather, and poor road conditions
-
Tailgating
-
Weaving in and out of traffic
-
Failure to yield right of way
-
Failing to obey traffic signs
Proving Negligence in a Multi-vehicle Accident
Identifying the liable party in a car accident means that you must prove negligence. The four elements of negligence are duty of care, breach of duty of care, harm/damages, and causation. Below is how each of the four elements pertains to a multi-car collision:
-
Every driver on the road owes a duty of care to other road users with whom they share the road.
-
If one or several road users breach their duty of care, a multi-vehicle accident may occur.
-
The victim must prove that the accident caused harm or damages to them or others.
-
The accident must have occurred due to the liable party's breach of duty of care.
The most intricate part of proving fault in a multi-vehicle accident is causation. When many parties are involved in an accident, every party will be quick to deny culpability and argue that another person caused the accident. Some drivers go to the extent of lying to deny responsibility. As a result, insurance adjusters and attorneys have to involve specialists to establish what happened during the collision.
Comparative Negligence Under Nevada Law
While establishing negligence after a multi-vehicle accident, it is essential to identify the driver that initially collided with another vehicle. However, this doesn’t mean that this driver is the only liable party. More than one driver might have contributed to the vehicle pileup. Your lawyer may advise you to pursue the compensation under multiple insurance policies if they discover more than one driver’s negligence. You can file a claim against two or more drivers or their insurers.
Nevada’s comparative negligence law comes in when more than one driver is liable for your injuries. The judge handling your claim will determine all the parties that contributed to the accident, including you. The court will then assign a percentage of fault to all the liable parties. For example, if you are 20% to blame for the accident, you will receive compensation less your degree of responsibility, meaning that you will receive 80% compensation. On the other hand, the judge may find that driver A was 70% at fault, and driver B was 30% at fault, meaning that you are 0% at fault. The facts of the case will determine the ratio of negligence.
According to Nevada laws, you can recover compensation as long as you are less than 50% responsible for the accident. The court reduces your compensation by the degree of fault. If you are 50% or more at fault for an accident, you can’t seek compensation under Nevada law.
Joint and “Several Liability”
Every defendant who contributed to the victim’s injuries could be 100% responsible for the plaintiff’s compensation according to the concept of joint and “several liability.” However, in multi-vehicle accidents arising from negligence, joint and several liability concepts don't apply.
For every defendant to be 100% responsible for the victim’s compensation according to Nevada law, the claim should be based on:
-
An intentional wrongful act
-
Nevada’s strict liability laws
-
The defendant’s concerted acts
-
The disposal, emission, or spill of a hazardous substance
-
Any dangerous product distributed, manufactured, sold or used in Nevada
A victim could pursue compensation from any of the liable defendants if joint and several liability applied to motor vehicle crashes. However, for ordinary negligence cases, including multi-vehicle accidents, joint, and “several liability,” doesn’t apply. In a multi-car accident that involves several vehicles, the court assigns negligence based on the comparative negligence law. This law will determine how much compensation a driver will demand from every liable party. A driver will only be liable depending on their percentage of negligence. If a driver is 70% liable, they will only be responsible for 70% of your compensation. If a driver is 30% liable, they will be responsible for 30% of your payment.
When a Multi-vehicle Accident Occurs Due To Poor Road Conditions
Most multi-vehicle accidents occur due to one or more negligent drivers. However, potholes, missing guardrails, erosion, and faulty road design could play a factor in a multi-vehicle accident. However, proving that a multi-vehicle accident occurred due to poor road conditions is no easy task. The first step will entail establishing that the company or the agency responsible for planning and maintaining the roads was negligent. The injured parties will also have to determine whether the liable parties can be sued in court or if the victims have to follow a particular claim-filing procedure.
Liability of Parties Involved In Road Maintenance
Usually, parties responsible for road maintenance are cities, counties, and state authorities. Different government agencies could also share road maintenance responsibilities. For instance, one state agency could be responsible for paving the roads, and another accountable for road signage. A city agency could be responsible for de-icing the roadways and snowplowing. Determining the responsible party is essential in bringing the party to the action and determining if the said party can be sued. When filing a lawsuit against the government, different prerequisites apply, unlike filing a lawsuit against an individual driver.
Dangerous Road Conditions The Government Could Be Liable For
The government could be liable if an accident occurs due to the following road conditions:
-
Issues with guardrails on overpasses, ditches, and sharp curves
-
Potholes or cracks on the road could make the driver lose control of the vehicle
-
Fallen road signs or road signs that have been covered by overgrown foliage
-
Damaged bridges and overpasses
-
Failing to include rumble strips on the highways
-
Dangerous curves
-
Failing to put proper road signage
-
Faded lane markings
-
Inadequate traffic control, especially in the construction zones
-
Poor drainage causing road flooding
-
Poor road signs and lighting
-
Malfunctioning stop lights, especially at intersections
A dangerous road condition could occur due to normal wear or an act of nature. However, the government could be responsible if the hazardous road condition occurred due to improper road planning or design, failure to maintain and repair the roadways, and lousy road construction. In addition, the government could be responsible if a multi-vehicle accident occurs due to its inability to protect its citizens by maintaining the roads.
Liability When a Multi-Vehicle Accident Occurs Due to Bad Weather
Even the most capable and cautious drivers could be involved in an accident due to certain weather conditions. When a multi-vehicle accident occurs in certain weather conditions, a driver might feel that the bad weather caused the accident. Who is really at fault when bad weather seems to be the cause of an accident?
It is crucial to determine what qualifies as a bad weather-related auto accident. Hazardous conditions may result from bad weather, especially in winter. This explains why road accidents increase during the winter months. Weather conditions that typically contribute to accidents during winter include ice, snow, strong winds, flooding due to excessive rainfall, and fog. Adverse weather conditions could cause loss of vehicle control, slippery roads, and poor visibility, making a driver rear-end the vehicle in front, causing a chain reaction.
Unless special conditions apply, if a multi-vehicle accident occurs due to poor weather conditions, the driver who initiated the accident will likely be liable. Dangerous weather conditions may have triggered the accident. However, Nevada law requires all drivers to operate their vehicles safely in all weather conditions. If several cars lose control simultaneously, leading to a vehicle pileup, every driver will be held responsible for their vehicle damage, usually known as a shared fault. A driver’s actions that could make them liable if a multi-vehicle accident occurs during bad weather conditions are:
-
Taking a turn on accelerated speed on slippery roads
-
An unsafe speed that doesn’t take into account the weather conditions
-
Failure to leave enough distance from the vehicle ahead
-
Failing to use headlights in poor visibility conditions
Accident Scene Investigation
Multiple insurance companies will investigate a multi-car accident, representing different drivers involved in the accident. The insurance companies will have investigators and insurance adjusters review the case’s facts and interrogate the parties involved in the accident. The investigators will probably return to the accident scene to conduct further analysis. The investigations aim to determine the party that initiated the chain reaction that impacted other vehicles. The driver initially liable for the accident may be responsible for all victims’ damages.
Investigations by insurance adjusters will involve assessing medical reports, reading police reports, reviewing videos or photos of the accident scene, examining the vehicle wreckage, and contacting witnesses. The investigators will use all the available evidence to determine what caused the initial crash that caused other vehicles' chain reaction.
Vehicle Damage Inspection
Examining how a collision damages the involved vehicles could say a lot about how the multi-vehicle accident occurred. The damages sustained by one vehicle can show where the rear vehicle struck. Examining the damages help accident investigators to determine the direction and the speed of the at-fault driver. Many insurance companies send their investigators to the auto repair shops where wrecked vehicles are held or repaired to inspect the damages visually. Wrecked cars help insurance companies to gauge the value of damages for the compensation process.
Vehicle damage inspection also helps accident investigators understand the order in which the vehicles crashed, helping them uncover crucial information about how the multi-car accident happened. Most insurance companies assess fault through the report provided by accident construction experts and damage analysis. Accident reconstruction experts rebuild the crash scene based on the available evidence. Accident reconstruction helps investigators understand who started the chain reaction.
The Importance of Witnesses
Witnesses play a crucial role while determining fault in a multi-vehicle accident. Witnesses who were not involved in the accident serve as impartial observers and often base their testimony precisely on what they saw. Drivers involved in the accident are likely to give biased testimony to evade blame. Other drivers will be quick to point out that the driver who caused the initial accident is liable for the accident. However, a multi-car accident could have several responsible parties.
Witnesses could help solidify a multi-car accident case that would otherwise be difficult to solve. When you are involved in a multi-vehicle accident, it is essential to talk to bystanders who saw what happened. Ensure that you obtain their contact information, including their names and phone numbers. Witnesses will provide your attorney with crucial information while determining liability.
The Role of Law Enforcement Officers
The law enforcement officers also play a significant role while determining liability in a multi-vehicle accident. It is advisable to contact law enforcement officers immediately after an accident. Upon arriving at the accident scene, the police will write a report outlining all the accident facts. They will take photos and review the video surveillance, if available, to determine what happened. The police evidence will provide crucial evidence to your case and could help your attorney identify the liable party in the multi-vehicle accident.
Find a Las Vegas Personal Injury Attorney Near Me
If you seek fair compensation for injuries sustained in a multi-vehicle accident, hiring an attorney is a crucial step. You should never rely on an insurance company to determine liability in a multi-vehicle accident. Assigning liability in multi-vehicle accidents is often challenging, and insurance companies rarely have the interests of accident victims at heart. An attorney will fight for the best outcome for you. With sufficient evidence, an attorney will demonstrate how all the drivers involved in the multi-accident acted and how their actions contributed to your injuries. For reliable legal help in a multi-vehicle accident, contact the Las Vegas Personal Injury Attorney Law Firm. Contact us at 702-996-1224 and speak to one of our attorneys. Our attorney will investigate the accident and help you seek the best possible compensation for your damages.
Recommended Lawyers: San Diego Personal Injury Lawyer