I got hit by multiple cars in an accident! Who’s at fault?
Car accidents are chaotic and potentially life-changing events, and this is especially true of multi-vehicle accidents which can leave several people seriously injured.
Determining who is at fault for a car accident is dependent on many factors, and this process can be complicated further when multiple cars are involved.
What is a multi-vehicle accident?
A multi-vehicle accident is a crash between 3 or more motor vehicles.
When so many parties are involved in the collision, it is substantially more difficult to determine who was negligent or at fault.
Generally, in a multi-car accident in California, the driver who caused the first impact with another vehicle will be considered at-fault. However, outside factors like errors caused by other drivers, vehicle defects, poor weather conditions, and other issues can leave other parties liable for the accident as well.
What are some general presumptions about who is at fault in a multi-car accident?
While multi-car crashes are more complicated, a few presumptions can generally apply to help determine who was at fault for:
Head-on collisions
Rear-end collisions
Accidents that happen at an intersection
Chain-reaction accidents
These presumptions generally work, but further investigation into the accident may reveal that these presumptions do not apply to that specific crash. For example: bad weather can leave drivers less at-fault for an accident.
Head-On Collisions
In head-on crashes involving multiple vehicles, the driver who drove into oncoming traffic will generally be the one at-fault.
A head-on collision is one of the most severe kind of car accidents that can occur. People can suffer severe or even fatal injuries as a result of these high-speed traffic accidents.
Rear-end collisions
Rear-end collisions will typically presume the driver who first hit the car in front of them to be at-fault in a multi-car accident.
These can also be chain reaction accidents, as car A can forcefully impact and push car B forward to collide into car C, and so on.
Accidents in intersections
Multi-vehicle accidents that occur in intersections are more difficult to impose presumptions upon. Normally, the first vehicle to hit a vehicle that was legally in the intersection is at-fault.
The issue of determining which vehicle was legally in the intersection can prove troublesome.
Chain reaction accidents
Multi-vehicle accidents that occur through a chain reaction are presumed to be caused by the driver who caused the chain reaction to occur.
Can these presumptions be overturned by further investigation into a multi-car pile-up accident?
Yes, a thorough investigation can overcome presumptions of fault in a multi-vehicle accident. Such an investigation would be handled by:
Police officers
Insurance Companies
Personal Injury Attorneys
Some types of evidence which these investigations can use to challenge a presumption of fault regarding a multi-car pile-up accident are as follows:
Eyewitness accounts of the crash
Video footage from nearby security cameras or dash cams
Images of the aftermath of the accident
Expert testimony from an accident reconstruction professional
Investigations from different parties can often reach different conclusions to who is at-fault, which is especially common when an insurance adjuster conducts an investigation. Collecting different factual evidence or different interpretations of the same evidence may pit the adjuster’s conclusion against other investigators’ conclusions. Insurance companies will be financially incentivized to demonstrate that their policyholder was not at-fault for an accident.
Is California an at-fault state?
For car accidents, California is an at-fault state, which means that the party who is judged to be at-fault will be held liable for compensating others for physical injuries and property damages that were suffered as a result of the at-fault party’s negligence.
Typically this compensation is almost always from the liability coverage of the at-fault driver’s car insurance policy. It is always a good idea to work with an experienced lawyer after a car accident, as multiple parties may be liable for the accident, and comparative negligence can also affect who will be deemed at-fault.
How can an accident lawyer help?
In multi-car accidents, a lawyer can conduct their own investigation, independent of the insurance companies’ or the police’s. This can reveal evidence that is crucial to proving your personal injury claim, which was not first discovered by the insurance companies or the police.
Your accident lawyer would also be able to provide the following services:
Explain the legal damages that you are likely eligible to receive
Assist in making an informed decision about whether you should settle your claim, and when would be favorable to do so.
Inform you of your options, if you want to proceed with your claim
Find other liable parties for the accident
Find other sources of compensation to help you recover your losses
Advocate for your legal rights
File a personal injury lawsuit if no fair settlement compensation is offered.
At Win Nguyen Law, we’re proud to serve the communities of Orange County and Long Beach such as Irvine, Santa Ana, Garden Grove, Westminster, Orange, Anaheim, Seal Beach, Tustin, Fullerton at no upfront cost.
Book a FREE consultation now to discuss your case details and be assured that you’re dealing with a legal team that knows how to fight for your case and win big results.
