Multi-vehicle collisions are different from accidents involving two vehicles when it comes to legal complexity. At the same time, these crashes are responsible for severe injuries and even casualties in many cases.
Early in November this year, three people lost their lives in a catastrophic wreck on US 75 in Richardson. The accident also left the highway shut down for several hours, reports CBS News. Besides the casualties, many other people sustained severe injuries.
Despite the extent of the damage they cause, such accidents often leave the victims confused. The reason is that they involve multiple parties and various factors that contribute to the mishaps. Victims must comprehend their legal rights and the process of seeking compensation. Even a minor misstep may keep them from getting the justice they deserve.
Knowing the Common Injuries Sustained
According to the World Health Organization, the statistics of injury caused by road accidents are scary. Every year, road traffic crashes claim 1.19 million lives. Non-fatal injuries are sustained by nearly 20-50 million people. Among these numbers, many suffer from disabilities that may alter their lives.
Multi-vehicle accidents often lead to serious injuries due to the nature and severity of impacts. Whiplash and fractures are common among victims, and so are spinal cord injuries and traumatic brain injuries. The latter may leave victims crippled for life. Moreover, victims may face significant medical expenses and long-term rehabilitation needs.
Such accidents may also cause emotional distress, manifesting as anxiety or post-traumatic stress disorder (PTSD) for many victims. The good thing is that the legal system recognizes emotional injuries under the personal injury law.
Determining Liability When Multiple Parties Are Involved
Another aspect for victims seeking compensation in multi-vehicle accidents is establishing liability. One or more drivers may be held liable for the accident based on their actions resulting in the collision. The following factors determine the fault in these mishaps.
- Negligent Behavior: The driver who initiates the chain reaction by causing the first collision has the primary liability. However, other drivers may also share it if their actions contributed to the crash. These may include speeding, distracted driving, and failure to control their vehicles.
- Comparative Negligence: Many states adopt a comparative negligence rule when it comes to personal injury litigation. Justia notes that modified comparative negligence applies in 30 states, while pure comparative negligence is applicable in a dozen states. Contributory negligence works in only a few states.
- Evidence Collection: To establish fault, victims must gather evidence that can be presented in court. Police reports, witness statements, and video footage are some key pieces to establish liability. This evidence helps clarify each driver’s actions during the incident.
Understanding the Role of Comparative Negligence
The concept of comparative negligence helps determine compensation for victims in multi-vehicle collisions. For victims in states like Georgia and Oklahoma, it is possible to recover damages if they are less than 50% responsible for the crash. Their compensation will, however, be limited depending on the percentage of their fault.
In some jurisdictions, “modified joint and several liability” is applicable. Reuters explains the concept in detail. When a case has multiple defendants, the liability for a plaintiff’s entire award may fall on a single defendant. This may happen even if they are not the main source of harm. Only seven states practice this system though.
Seeking Compensation after a Multiple-Vehicle Collision
Victims of multi-vehicle accidents can leverage the personal injury law to seek compensation for various losses. However, claiming compensation is not a simple process. It involves filing a claim to establish that the accident happened due to the negligence of various parties involved in this case.
Yahoo News reports a recent incident of a multi-vehicle accident involving a school bus in Little Rock, Arkansas. The accident caused a traffic jam on eastbound Interstate 630. Although five people were injured in the mishap, fortunately, all students were safe, with no critical injuries. However, the incident definitely raised alarm for Little Rock residents.
A Little Rock car accident lawyer may help victims who want to claim compensation for their injuries. Victims should ideally hire local lawyers as they know the law of the state and the nuances of the traffic conditions in the area.
According to Keith Law Group, victims should stay calm in such situations and focus on their safety. Once they are safe, they must gather the available evidence that may later strengthen their claim. An experienced attorney should be hired to navigate the complexities of multi-vehicle accident claims.
Frequently Asked Questions
What should victims do right after a multi-vehicle crash?
Ensuring their own safety and that of others involved should be the top priority for victims after a mishap. They should also call emergency services and get a medical checkup even if they do not see or feel any major injuries. Documenting the scene with detailed information, photos, videos, and witness statements is also helpful.
How long do I have to file a claim after an accident?
The time frame for filing a claim for compensation depends on state-specific statute of limitations. This timeline varies, and may range from one to three years from the date of the crash. You must consult with an attorney promptly to ensure compliance with local statutes.
Can I still recover damages if I have a fault in a multi-vehicle mishap?
Yes, many states let victims recover compensation even if they are partially at fault. However, your compensation value will be reduced according to your percentage of fault for the accident. In some jurisdictions, you may not be eligible for any compensation if you are found to be more than 50% at fault.
Understanding your legal rights after a multi-vehicle collision can be a game-changer for victims. It ensures that you receive justice and fair compensation for your losses. Consulting with a seasoned personal injury attorney is the best way to get guidance tailored to your specific situation and navigate the complexities.
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