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ToggleHow Faults are Determined in Multi-Car Pileups
Fault is determined in multi-car pileups through the examination of evidence to identify the initial cause of the accident. In any multi-car pileup, it is likely the driver who started the initial accident that is at fault. Although the driver who initiated the pileup is at fault, each driver in the accident may share car accident liability due to contributory negligence laws.
If you have been involved in a multi-car pileup, you may have questions regarding fault and liability in your case. A car accident lawyer can review your case to identify the at-fault driver and determine whether you share fault.
Identifying the At-Fault Party in a Multi-Car Pileup
Determining fault in car accidents like multi-car pileups requires a legal analysis of the car crash, namely studying the evidence gathered from the accident. The evidence in any accident would include the following:
- Police reports
- Eyewitness statements
- Accident scene photos
- Video footage from surveillance, traffic, and dash cameras
- Expert witness testimony
- Road and weather conditions
Your testimony could also be a part of the evidence in the case. Your accident lawyer will conduct a traffic collision investigation to determine the starting point of the accident and where you fit into it. From there, they can start building your personal injury claim for compensation.
Common Types of Multi-Car Pileup Accidents
Multi-car pileups can happen for several reasons, but the following are some of the most common types our car accident attorneys handle.
Multi-Car Pileups Initiated by Rear-End Collisions
When most of us think of multi-car pileups, we envision those created by one car rear-ending another car, creating a chain reaction with multiple cars in front of them. A common cause for these multi-car accidents is tailgating. Tailgating is when an aggressive driver follows the car in front of them too closely in an attempt to intimidate the driver into changing lanes.
Another common cause is distracted driving. The distracted driver doesn’t pay attention to the road and fails to stop in time, crashing into the car in front of them with enough force to push that car into the car in front of them.
Multi-Car Pileups Initiated by Head-On Collisions
This type of multi-car pileup occurs when the at-fault driver crosses over into oncoming traffic. Most often, the cause is distraction, but causes could also include driving under the influence of alcohol or drugs, poor road lighting and signage, and fatigue.
These accidents are especially tragic due to the catastrophic injuries that many head-on collisions cause.
Multi-Car Pileups Initiated by Intersection Collisions
Another common image we think of is multi-car accidents at intersections. These accidents depend upon the circumstances in which they occur. For example, multi-car pileups could be the result of an illegal left turn, a driver running a red light, or making a right turn in front of a car with the right of way.
These accidents are less linear in nature than the other two. Typically, one of the vehicles in the accident gets thrown into a third vehicle.
Multi-Car Pileups Caused by a Jackknifed or Overturned Truck
Multi-car pileups caused by a trailer that has overturned or jackknifed can be deadly. The trailer of an 18-wheeler can block all lanes of traffic, causing accidents in every lane of traffic.
Multi-Car Pileup Damages You Can Claim
Since Florida is a no-fault state, each party’s personal injury protection policy (PIP) would be their first source of recovery. Your minimum insurance coverage, as presented by Florida Highway Safety and Motor Vehicles (FLHSMV), would be:
- $10,000 in personal injury protection
- $10,000 in property damage liability
You may have additional coverage, such as uninsured/underinsured motorist coverage, but you may only claim up to your policy limits.
Additionally, PIP only covers 80% of your medical bills and 60% of lost wages while you recover from your injuries.
Filing a Personal Injury Lawsuit
You do have another option if your losses exceed your policy limits. You may be able to sue the driver liable for your accident. A lawsuit would also allow you to demand compensation for any pain and suffering you experienced.
A fort lauderdale car accident lawyer can review your case and explain your options.
There Is a Deadline for Filing a Lawsuit in a Multi-Car Pileup
If you are unable to reach a fair settlement agreement for your losses, you can file a lawsuit with the driver liable for your damages. Personal injury lawsuits in Florida have a two-year statute of limitations under Florida Statutes § 95.11. This deadline starts on the day of the accident, but there may be exceptions in your case that could toll, or pause, the deadline.
Failing to file before the deadline could result in the court dismissing your lawsuit. You can often use the threat of a lawsuit against insurers and the liable party as leverage in settlement negotiations, but without it, it may be difficult to get the compensation you deserve.
Call The Law Offices of Wolf & Pravato for a Free Case Review
The Law Offices of Wolf & Pravato provides accident victims a free case review, and we work on contingency, which means you pay nothing unless we win. Don’t wait too long to get started. Reach out to us today at (954) 633-8270.