Who is at Fault for a Chain Reaction Car Accident?
Multiple vehicles were involved in a crash. Which driver is at fault?
Most car accidents involve just one or two vehicles. Then there are those that involve three, four, 10, 20, or maybe even 50 vehicles. These are known as multi-vehicle pileups, or chain reaction crashes.
Chain reaction crashes tend to happen on busy roadways, such as highways. These accidents can be complex when it comes to liability. Who is at fault when dozens of vehicles crash?
Typically, these accidents happen when a vehicle rear-ends another, and then that vehicle hits the vehicle in front, and so on. You would think that the driver who first rear-ended the vehicle would be held liable. In theory, they might be, but with multi-car pileups, there are generally two or more causes at play. There may be speeding, tailgating, distracted driving, drunk driving, and other reckless behavior involved. Things beyond the driver’s control, such as weather and road conditions, may also contribute to chain reaction accidents.
What Will the Police Do?
When a police officer arrives at the accident scene, they will try to determine liability by considering several things. For example, whose negligent actions caused the chain reaction crash? Were other drivers speeding or tailgating?
The police officer may ask for witness statements. They will examine the facts and in the report, they will usually cite which car is at fault. The report should detail how the accident occurred. It could be one driver at fault. In a chain reaction crash, though, two or more drivers can share the blame. The insurance adjusters will generally assign fault to each driver involved. They may all share the same degree of fault, or there may be varying degrees. The more vehicles involved, the harder it is to determine liability.
Recovering Compensation
Kansas is a comparative negligence state. What this means is that even if an injured victim is partially at fault for the accident, they can still recover compensation as long as their negligence was less than the at-fault person’s negligence. In other words, the victim’s own negligence can only be 49% at the most. If the victim’s degree of negligence is 50% or more, they cannot seek financial recovery for a personal injury claim.
The victim’s compensation will decrease based on the degree of fault. For example, if a person is 20% at fault, and they have $100,000 in damages, their compensation will decrease by 20%, so they will receive $80,000.
Contact Our Kansas Car Accident Attorneys Today
Establishing liability in a multi-vehicle crash can be tricky. When there are multiple cars involved, it can be hard to tell who started the accident.
The process after a car accident can be overwhelming. The Kansas car accident lawyers at Neustrom & Associates have more than 40 years of experience handling car accident cases. We will assist you with your physical and financial recovery. To schedule a free consultation, fill out the online form or call our office at (785) 825-1505.