If you suffered a multi-vehicle car accident, it can be difficult to determine who is at fault. Establishing fault is a core part of personal injury claims, and shared liability could bring down your payout. So how do you determine fault in multi-vehicle accidents in California?
In California, vehicle accident victims collect awards based on comparative negligence. Here’s an example of how this principle works: Let’s say a speeding driver cuts in front of you in the lane, causing you to lose control of your vehicle and crash. Since the other motorist violated traffic laws, they would be held responsible for the accident.
However, the at-fault driver’s insurer claims that you share part of the fault because you were handling your phone while driving. The judge who looks into the case could assign you 10% of the responsibility for the accident, which would lower the total payout you collect by 10%. Thus, if your case is worth $20,000, your final settlement would be $18,000.
Determining comparative negligence can be tricky even in a car crash with only two motorists. Case investigations become a lot more complicated in crashes that involve multiple vehicles.
As a rule, the primary liable driver is the one who started the chain of events leading to the first crash. For example, let’s say a driver rear-ends the car in front of them, starting a chain accident in which four other vehicles collide. In such a case, the responsibility would typically fall on the first driver who crashed into the vehicle in front of them.
Of course, based on the comparative negligence doctrine, several motorists may share fault in a pile-up collision. In the example above, the case investigation may show that although the first driver failed to keep a safe distance from the car in front of him, the third driver could have stopped in time to avoid hitting the fourth driver. In this case, the first and third drivers may both be liable.
Investigating a multi-car collision usually involves a precise step-by-step reconstruction of the accident to discover which actions caused and contributed to the entire chain of events. Evidence that may help determine fault in multi-vehicle accidents includes:
Multi-vehicle collisions often lead to serious injuries for several victims. Many drivers in California only carry the minimum liability coverage, which is $15,000 per person and $30,000 for multiple victims. So what happens if, say, a single insurance policy with a cap of $30,000 has to cover four victims?
In this case, each victim’s average maximum payout would be only $7,500, which may be far from enough to cover medical costs and lost wages. The claimants may end up fighting for limited funds. Usually, the insurance adjuster and the victim’s lawyers will try to reach an acceptable settlement based on each claimant’s degree of injury.
In such a situation, you may be able to seek additional compensation through your own underinsured motorist coverage. You may also have grounds for a third-party claim if you can prove a vehicle manufacturing defect contributed to your accident.
If you suffered a multi-vehicle collision, you should do the following:
At the same time, please don’t:
Working with a competent, dedicated legal team is the number one step that can improve your chances of successful claim resolution after a multi-vehicle accident. We recommend choosing a local car accident lawyer who knows the traffic regulations in Orange County and may even be familiar with the exact spot where your accident occurred.
Your car accident attorney can:
Establishing fault in multi-vehicle accidents may involve complex investigation, meticulous documentation, and skillful case-building. Timely and proficient legal support can make all the difference in the outcome of your claim.
At Khalil Law Group, we advocate for the rights of vehicle accident victims in Orange County. Call (714) 617-5189 24/7 or contact us online for a free consultation with a car accident lawyer in Newport Beach, CA.
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