Have you been involved in a multi-car crash and are unsure who is at fault? Multi-car accidents are complex, and determining liability can be challenging. In Texas, the “modified comparative fault” system assigns a percentage of fault to each driver involved. Understanding this system is crucial for seeking compensation.
In this article, we explained the intricacies of multi-car crashes, the importance of fault determination, and the role of accident reconstruction experts. For personalized guidance, consulting an experienced accident attorney in San Antonio is essential to navigate these complexities and protect your rights.
How is Fault Determined in a Multi-Car Crash in Texas?
Here’s how they figure out who’s at fault when there’s a big car crash in Texas:
1. Modified Comparative Fault System:
- Texas uses a “modified comparative fault” system.
- Each driver is assigned a percentage of fault.
- Drivers 51% or more at fault cannot recover damages.
2. Assessment of Actions:
- Investigate each driver’s actions leading to the crash.
- Examples include running red lights, texting while driving, or improper use of car horns.
3. Evidence Collection:
- Gather photographs of the accident scene.
- Collect witness statements.
- Review police reports and video footage.
4. Accident Reconstruction:
- Employ accident reconstruction experts.
- Use sophisticated software to recreate the accident.
- Analyze vehicle speeds, impact angles, and driver actions.
5. Chain-Reaction Accidents:
- Examine the sequence of events in multi-collision scenarios.
- Identify if actions by one driver caused subsequent impacts.
- Assess whether drivers were following too closely, speeding, or distracted.
6. External Factors:
- Consider road conditions and weather.
- Evaluate the role of external factors like reflective windows or road maintenance issues.
- Determine if poor road conditions significantly contributed to the crash.
7. Insurance Company Involvement:
- Insurance companies dispute fault levels.
- Each company represents its client’s interests.
- A skilled attorney can help negotiate with insurers for a fair settlement.
8. Legal Assistance:
- Consulting an experienced accident attorney is crucial.
- Attorneys help navigate the complexities and protect your rights.
They can assist in evidence collection, accident reconstruction, and negotiations.
Understanding Comparative Fault in Texas
- Proportionate Responsibility
- Effect on Damages
- Threshold for Recovery
- Multiple Defendants
- Evidence and Apportionment
In Texas, when there’s a car crash, they use a “modified comparative fault” system. This means if more than one driver makes a mistake, they share the blame, and each one gets a percentage of fault.
In this system, how much a driver has to pay depends on their percentage of fault. If someone’s 51% or more to blame, they can’t get any money. Let’s see an example.
Imagine a crash with three cars. One driver went through a red light turning yellow and hit two other cars.
This driver is found to be 60% at fault. The second driver was texting and thus didn’t see the first driver and is found to be 30% at fault. The third driver honked their car horn at the second driver when the light turned green, which startled the texting driver,
who immediately slammed on the gas pedal to get going without looking properly. This third driver is found to be 10% at fault because they violated Texas’ law that horns may only be used in emergency situations.
In this scenario, the first driver could not recover any damages since they were more than 51% at fault. The second driver had $15,000 in damages, but since they were 30% at fault, they will receive $10,500. The third driver had $12,000 in damages, but since they were 10% at fault, they will receive $10,800.
The Importance of Fault
When lots of cars crash together, figuring out how much each driver is to blame is really important. But, the drivers and insurance companies might disagree about who’s at fault and try to blame each other as much as they can.
That’s why having a good car accident lawyer on your side is crucial. You can click here to find an experienced San Antonio car accident lawyer.
Your lawyer will investigate the accident well to help you figure out who’s at fault.
Investigating the Accident
When we look into a big car crash, we check different things to find out how it happened and who caused it. We take pictures of the crash spot, listen to what witnesses say, read the police reports, and watch videos if there are any.
This proof helps us understand where the cars were, where they hit, and what each driver did before and during the crash.
Accident Reconstruction Experts
Experts who study accidents are often asked to help in cases where many cars crash. These experts look at the evidence from the crash to figure out how it happened. They often use fancy computer programs to help them understand what went on during the crash.
Their study can tell us how fast the cars were going Chain-reaction accidents, the angles they hit each other, and other things that help us decide who caused the crash. When lots of cars crash in a row, it’s hard to figure out who’s to blame.
In these kinds of crashes, what one driver does can cause more crashes to happen. Figuring out who’s at fault means we need to really understand everything that happened and what each driver did.
We need to check if any of the drivers were too close to each other, going too fast, not paying attention, or doing other things that are unsafe.
Sometimes, the first crash is what starts everything, but what other drivers do afterward can also make the crash worse.
The Impact of Road Conditions and Other External Factors
- Road Conditions
- Weather Conditions
- Obstructions and Debris
- Vehicle Defects
- Driver Distractions
- Animal Crossings
- Construction Zones
Multi-car crashes can happen because of bad roads or other things outside of drivers’ control. Like, shiny windows or buildings can sometimes make it hard for drivers to see, causing accidents.
Sometimes, the city might be partly responsible if they haven’t fixed problems with the roads. But not all the time, sometimes it’s just bad weather or it’s dark.
When deciding who’s at fault, we need to think about these outside things. For example, if a driver slips on ice, they might not be fully blamed if the road was really icy and they were being careful.
Your Accident Attorney in San Antonio, TX and Insurance Companies
Handling insurance companies when there are multiple cars in a crash can be hard. Each company is looking out for their own client and their side of what happened.
Having a lawyer is really important because they can help you collect proof for your side and talk with the insurance companies to try and get a fair deal.
If you’ve been in a crash with more than one car, don’t try to deal with it alone. Call a lawyer who knows what they’re doing as soon as you can.