Multi-vehicle accidents typically involve multiple drivers. In a contributory negligence jurisdiction, this means that anyone whose negligence contributed to the accident is barred from bringing a claim for damages. In a modified comparative negligence jurisdiction like Texas, the negligence of all parties to an accident is weighed in determining who is at fault for a multi-vehicle accident, and an injured party may make a recovery for the portion of damages equal to the percentage to which they were not at fault so long as they are less than 51% at fault. (Note: Some comparative negligence jurisdictions use 50% vs 51%.)
Determining Liability in Pileups, Chain Reaction Collisions, and Other Multi-Car Crashes
According to the U.S. National Highway Traffic Safety Administration, there are almost two million multiple-car accidents every year in the United States for many different reasons. The more vehicles that are involved, the more stories you hear about what started it, and the harder it is to sort out who hit whom. A multi-vehicle accident can take days or even weeks for teams of investigators to sort out. As you can imagine, investigators with competing interests sometimes disagree just as much as the drivers involved in the wreck. Moreover, in these big wrecks, their job is to deflect liability from their insureds and onto other drivers to save their companies money. As a result, many victims of multi-vehicle collisions have to rely on the court system to sort these wrecks out. If someone you love has been in a multi-vehicle accident, the best thing you can do is tell them to seek a free consultation with a multi-vehicle accident lawyer who will look out for their best interests. Tell them to call Simmons and Fletcher, P.C. today at (713) 932-0777.
Why Do Multiple-Vehicle Collisions Occur?
Multiple-vehicle collisions can happen for many reasons. It can be as simple as two cars colliding in a simple rear-end accident that sets off a chain-reaction collision of cars in a line. Or it can be as complex as a multi-vehicle pile-up on an Interstate in the early morning fog. Some of the worst multi-vehicle accidents happen in Texas, in the low-lying parts of I-10 in the fall, when the fog rolls in and stays there all morning. Often, other factors contribute. These factors are often:
- Drivers changing lanes on highways without checking their blind spots.
- Intoxicated drivers traveling at unsafe speeds.
- Drivers racing, evading arrest, or otherwise driving recklessly.
- Drivers falling asleep at the wheel on a highway.
- Fog, sleet, hail, or other weather conditions make it hard for other drivers to see or stop before colliding with a previous accident.
- Accidents involving 18-wheelers often involve more than one vehicle due to their size, weight, and inability to stop quickly.
In many cases, there is an initial wreck that can easily be determined as the triggering event—the drunk driver went into oncoming traffic or a car was racing and lost control. However, in other cases, when one collision blocks the roadway and other cars enter and add to the pile-up, liability is harder to sort out.
Chain-Reaction Accidents in Traffic
Chain reaction accidents are collisions in which one car hits another from behind, causing it to hit the car ahead. It can involve three or more vehicles in a line. Rear-end wrecks most commonly occur in big-city rush-hour traffic. Chain-reaction collisions occur daily in large Texas cities like Houston, Dallas, and San Antonio. Usually, this happens because someone follows too closely and isn’t paying attention when traffic stops.
The general rule in chain-reaction collisions is that the first car to rear-end another and set off the domino effect is the party at fault. While the rear-ending car is not always at fault, it often is.
What are Multi-Vehicle Pileups?
Multi-vehicle pileups are accidents in which one collision occurs, and then several other vehicles hit the original collision, or “pile.” These may occur due to several reasons such as:
- weather conditions obscuring the driver’s view of the pile,
- poor lighting conditions,
- poor visibility due to a sharp curve, vegetation, or other objects obscuring the view,
- high speeds.
Inevitably, every driver will have a different opinion about who hit whom first.
Stopping Suddenly
A Sudden stop can result in a multi-vehicle pile-up. A sudden stop made negligently may act to bar your recovery in a multi-car collision. Even though you are rear-ended, if you slam on your brakes without good reason and cause a chain reaction or multi-car wreck, you can be found to be the negligent party who caused the wreck.
Who Is at Fault When You Hit a Multi-Car Pileup?
When you hit cars piled up in the roadway, the real question regarding liability is ‘What was the time lapse between collisions?’ If it was immediate, then you will generally be considered part of the original chain of events. You may still be partially at fault for failing to take evasive action, but you likely won’t be considered the sole cause or a new and independent cause.
Under Texas law, if a significant time lapse occurs between the original wreck and the time you collide, your accident may be considered a new and independent accident for which you are responsible for failing to keep a proper lookout. This is because the negligence must be a proximate cause, not a remote cause, of the injury complained of. Once the effects of the original negligence have come to rest, the original negligent actor is no longer responsible for further acts of negligence that are committed by others. See Bethke v. Munoz, 2012 WL 6618160 (Tex. App.—San Antonio, 2012). Thus, you may or may not be able to hold the car that originally caused the pileup for your injuries if you strike the pile. You may, however, be able to hold any other driver liable who comes along and hits you and causes you further injury. Thus, multiple parties may bear some responsibility in such a situation; however, because of the complexity, the court may have to sort it out.
Insurance Issues in Multiple-Car Collisions
One major problem in multi-car accidents is that the liable party or parties may not have enough insurance coverage. In Texas, all drivers must carry minimum insurance of $30,000 per person, $60,000 per accident for bodily injury liability, and $25,000 in property damage coverage. As little as this seems for a major accident, some states require far less. For example, California requires minimum limits of $15,000 per person and $30,000 per accident in bodily injury, plus $5,000 in property damage. That won’t do much to cover damages in a multi-car collision.
Another thing you need to know is that once the coverage limits are gone, they are gone. An insurance company does not have to fairly disburse funds to everyone their insured injures or damages property. In fact, under the Texas Stowers Doctrine, an insurance company must consider the first Stowers Demand it receives on its own merit, as if no other claims will be forthcoming.
When the adjusters get word of the magnitude of the collision, they will likely begin calling around trying to take the driver’s recorded statements to use to prove that their client is not at fault or at least not the only one at fault. Their goal will be to lead and trick people into saying things that harm their own case. Anyone who has not sought legal advice is susceptible to being tricked into saying something damaging or settling their claim orally before knowing the full extent of their damages. An oral release of a claim is valid and binding.
What Should I Do After a Multi-Vehicle Collision?
Anytime you are in a multi-vehicle collision, you should:
- Assess injuries and call an ambulance if needed
- Call the police and request they come make a police report
- Photograph the vehicles and scene so that the order of impacts may be determined later by an accident expert, if necessary
- Move to a safe area if possible so you do not get hit again
- Do not give any recorded statements to adjusters
- Call your own insurance and report the collision
- Call a car accident lawyer for advice.
How to Protect Yourself From a Shortage of Insurance Coverage in a Multi-Car Accident
The best way to protect yourself is to buy coverage that protects you and the people in your vehicle. Your own passenger can sue you for damages if you cause the auto collision in addition to other drivers. So you may need higher liability limits to protect yourself. Second, raising your PIP insurance and underinsured motorist coverage limits can afford you more protection when someone else causes a multi-car accident and does not carry enough coverage. Talk to your insurance agent before you get in a wreck to get these protections.
Speak With An Attorney Today
As you can see from the discussion above, multi-car collisions can result in a big liability mess. Before you find yourself in a situation where your own words are being twisted and used against you, call today for a free consultation about your case. Our accident attorneys are ready to review your case at no consultation fee. We also work on a contingency fee. If we do not recover, we do not charge you a dime. Call now: (713) 932-0777.
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