How Liability is Determined in Chain-Reaction Accidents: Accident Lawyer NYC Explains
Compared to a typical accident involving two vehicles, determining liability in a chain-reaction accident is arguably more complex. That is because these accidents require detailed investigations, and conflicting witness accounts can emerge. As a result, insurance companies will often dispute liability to reduce your settlement payout. In this post, as your car accident lawyer in New York, the team at Alex Yadgarov & Associates will explain how liability is determined in multi-vehicle accidents. We will also explain what you need to do to protect your rights and claim the compensation you deserve.
What is a Chain-Reaction Accident?
Also known as a pile-up or multi-vehicle accident, these accidents involve three or more cars in a series of sequential collisions. The initial collision sets off a “domino effect,” causing other vehicles to crash into the already disabled ones. Rear-end cascades and multi-directional impacts are some of the most common types of chain-reaction accidents.
What Evidence is Used to Determine Liability?
Examiners can use the following evidence to determine liability in chain-reaction accidents:
- Police reports
- Medical records
- Photographs of the accident scene
- CCTV and dashcam footage
- Witness statements
- Vehicle damage analysis
- Expert testimony
Can More Than One Driver Be Responsible for the Accident?
Yes, thanks to the comparative negligence rule, more than one driver can be held responsible in a multi-vehicle accident. Based on the findings of investigations, a fault percentage can be assigned to each driver.
How Does Comparative Negligence Affect Multi-Vehicle Accident Claims?
When a multi-vehicle accident occurs in New York, the pure comparative negligence rule applies. Under the pure comparative negligence rule, codified under New York Civil Practice Law and Rules (CPLR) Section 1411, a person can recover compensation for damages suffered in an accident, even when they are mostly to blame for the accident (i.e., fault beyond 50%).
That means that they are able to claim compensation, even when they are 99% responsible for the accident. However, the compensation they claim will be reduced by the exact percentage of the blame attributed to them. For example, if A is claiming $100,000 in compensation but is 60% responsible for the accident, their compensation will be reduced by 60%.
Can Vehicle Manufacturers or Other Parties Be Liable?
Yes, in certain cases, vehicle manufacturers and government agencies can be liable for multi-vehicle accidents. A manufacturer can be liable when a mechanical defect in the vehicle, such as brake failure or tire defects, contributes to the accident. On the other hand, government agencies can be held responsible when they fail to maintain roads in good condition or fail to remove a hazard from the road on time. Your car accident lawyer in Queens, NY, can take a look at the facts and determine whose claims should be presented against.
What Compensation Can Victims Recover After a Chain-Reaction Accident?
When you are injured in a multi-vehicle accident, depending on the severity of the accident, you can claim economic and non-economic damages.
When you’re injured in a car accident, you can claim compensation for medical expenses and lost wages through your Personal Injury Protection (PIP) coverage. Since New York is a no-fault state, this compensation must be provided, irrespective of fault. However, a person can only claim up to $50,000 under a standard PIP coverage.
If a person wants to claim compensation for non-economic damages such as pain and suffering, emotional distress, and the loss of enjoyment of life, they will need to file a personal injury lawsuit. However, to file a lawsuit, they must prove that they have suffered a basic economic loss that exceeds $50,000 or that they have suffered a “serious injury” as defined in Section 5102 (d) of New York Insurance Law. These lawsuits are subject to the statute of limitations. As such, they must be filed within three (03) years of the date of the accident.
If a person has died in a multi-vehicle accident, a wrongful death lawsuit can be filed. This lawsuit must be filed within two (02) years of the deceased’s date of death.
How Can an Accident Lawyer NYC Help With a Chain-Reaction Accident Case?
When you’re looking to build a case for compensation in a multi-vehicle accident, you will need the help of an accident lawyer in NYC. That is because your attorney can:
- Investigate the accident and explain your legal options.
- Set realistic expectations on compensation
- Gather evidence to build your case.
- Work with experts to further improve your case
- Handle filings and administrative actions connected with your claim
- Handle negotiations with insurance companies
- Pursue litigation and represent you in court when necessary.
Conclusion
Determining liability in a multi-vehicle accident is more complicated than most other accidents. While one driver’s actions might start the domino effect, multiple parties can still bear responsibility. As such, when you’re involved in such an accident, it is important to have proper legal assistance to build your case and claim the compensation you deserve.
If you’re looking for help handling a chain reaction accident, contact Alex Yadgarov & Associates today. Our experienced legal team will fight for you and help you walk away with the compensation you deserve. Schedule your free and confidential consultation right now!
