Multiple Car Accident Claim: Who Pays? (California)
In a multiple car accident claim, who pays? Car accidents involving multiple vehicles can be chaotic and confusing, especially when it comes to determining who is responsible for damages. In California, car accident laws and insurance rules can be complex, making it challenging to know who pays for what.
Here’s a simplified overview of liability in multi-vehicle accidents in California. If you were involved in a multi-vehicle accident and want to seek compensation, call My Lawyer Mark at (866) 721-5808 for a free consultation, 100% in Spanish, with Latino professionals who understand and speak your language.
In a Multiple Car Accident, Who Pays?
Generally, the driver who caused the initial accident is responsible for the damages caused to other vehicles and individuals involved. This applies even if the initial accident triggers a chain reaction involving other vehicles. Determining the at-fault driver is based on an assessment of several factors, including:
- Traffic Law Violations: If a driver violated a traffic law, such as driving under the influence, speeding, or reckless driving, they are likely to be held responsible for the accident.
- Negligence: Negligence refers to a driver’s lack of care that results in an accident. This can include actions like distracted driving, tailgating, or failure to yield.
- Evidence: Physical evidence, such as skid marks, vehicle damage, and witness testimonies, can be crucial in determining fault.
What Happens if Multiple Drivers Are Negligent?
California follows a comparative negligence rule. This means that if multiple drivers are considered negligent in a multi-vehicle accident, each driver is responsible for a portion of the damages proportional to their degree of fault.
For example, if one driver is deemed 70% at fault and another driver 30% at fault, the first driver will be responsible for 70% of the damages, while the second driver will be responsible for the remaining 30%.
This rule applies even if you bear some fault in the accident. So, if it’s determined you had a percentage of responsibility, don’t be discouraged—you can still file a claim. Just keep in mind that your percentage of responsibility will be deducted from the final settlement your attorney negotiates for you.
How Can Victims of a Multi-Vehicle Accident Seek Compensation?
Victims of a multi-vehicle accident can file insurance claims against the at-fault driver or their own insurance company if they have uninsured or underinsured motorist coverage. It’s important for victims to keep all evidence related to the accident, including police reports, medical records, and repair bills.
It’s also advisable to consult an experienced car accident lawyer to understand your rights and legal options. My Lawyer Mark is Latino, speaks Spanish, and has the experience, knowledge, and drive to fight for every cent you deserve. They don’t rest until they secure the maximum compensation you are entitled to by law.
How Can Responsibility Be Determined in a Multi-Vehicle Accident?
To help resolve a multi-vehicle accident case, here are six crucial elements that can be highly useful:
- Police Report: This is the first official document recording the accident’s details, including location, involved vehicles, visible damage, and initial statements from drivers and witnesses. You can obtain your accident police report online here.
- Photos of the Accident Scene and Vehicles: Photos capture the accident scene in detail, from skid marks to the final positions of vehicles. These can be critical evidence for reconstructing the sequence of events.
- CCTV Footage and Dashcam Videos: If there are security cameras in the area or if any of the involved vehicles have dashcams, recordings can be invaluable in determining how the accident unfolded.
- Eyewitness Testimonies: Accounts from people who witnessed the accident can provide valuable information about the drivers’ actions and behavior before and during the collision.
- Event Data Recorder (EDR) Data: Some modern vehicles have EDRs, also known as “black boxes,” that record crucial information like speed, braking, and steering in the seconds leading up to the accident.
- 911 Call Recordings: Calls made to 911 immediately after the accident may reveal important details about how the drivers perceived the incident and their condition.
You and your attorney can use some or all of these elements to support your claim. If you were injured, it’s also important to follow your medical treatments closely—not only for your health but also so that the defense can’t argue you neglected treatment or deny that you suffered injuries.
My Lawyer Mark offers “personal injury lawyer near me” across Southern California. Call us today at (866) 721-5808 for a free consultation as soon as possible.