If you were severely injured in a car accident and needed to recover damages medical bills, lost wages or pain and suffering, you would make a claim on the responsible party's insurance. Most car accidents are between two drivers, making it easy to determine which driver was negligent and allowing you to easily make an insurance claim. However, if you were injured in a multi-car pileup, negligence becomes a lot more difficult matter. Before you can make an insurance claim, you must determine negligence. If you can't determine negligence, you still have options.
Determining Who Caused The Crash
Determining negligence for a multi-car crash is less difficult if the accident happens at a red light or stop light, and it is a pure chain-reaction This type of multi-car accident is the most clear-cut. In these pure chain-reaction accidents, a row of cars is stopped at an intersection and a car approaching from behind neglects to stop properly, hitting the car in front of it. This causes a chain reaction, where each car is hit due to the force of the rear car pushing the car in front of it forward.
Usually in this case, the driver in the very rear will be held negligent, as they failed to stop properly, and their insurance will usually accept claims from each car involved. However, if it can be determined another car in the chain was not stopped a proper distance behind the car in front of them, the negligence can also fall on that person. In order to determine negligence, eyewitness statements will be taken, visual inspection to the vehicles will be done and, based on the damage, it may be easy to tell how close one car was to another.
If the accident occurs while driving, negligence can be a bit more difficult to determine. If car that initially stops has faulty brake lights or is following too closely behind another car, they may be held at fault for negligence, and each involved driver may make a claim on that particular driver's insurance. Additionally, on top of the rear car being held liable, each car that hit the car in front of them can also be held liable. If driver #1 is stopped and then hit by driver #2, #3, and #4, driver #1 may be able to hold each successful driver responsible. Likewise, driver #2 who hits driver #1 may sue driver #3 and #4 for injuries.
If Negligence Cannot Be Determined
Often if negligence is not readily determined, a driver may try to file an insurance claim through every car involved in the crash. If you attempt this and are blocked by an insurance agency, you will need to hire a lawyer in order to recover damages. However, sometimes the situation works itself out, with each insurance agency paying out the proper amount of damages.
In some cases, differing eyewitness statements, as well as unclear circumstances, can make determining who is actually at fault for the accident difficult and you will be met by resistance from each insurance agency you try to file through. If no one will own up to being responsible, the best way to settle the case is to hire a personal injury lawyer and sue for damages. This will take each driver to court, and they will have to testify. Drivers will be more likely to maintain honesty on the stand. At the very least, if a driver is lying it will be easier for a jury to decide if their story does not add up. If the jury cannot determine who was 100% at fault, they will split the responsibility based on the parties most likely at fault.
Just because negligence isn't clear doesn't mean that you cannot receive proper compensation from an insurance agency and the responsible driver. Work closely with a lawyer like Breslin & Breslin/lawyers if you have been involved with a multi-car crash in order to ensure that you get compensated properly.
