Between passenger vehicles, buses, trucks, and motorcycles, there are more than 1.4 million vehicles on the road in West Virginia. It isn’t surprising that there are so many car accidents in the state – or that many of these collisions involve more than one vehicle. These types of multiple-vehicle accidents can make determining fault much more complicated than a typical crash.
A multi-vehicle accident involves three or more cars, trucks, SUVs, and/or motorcycles. Whoever caused the crash – the at-fault party – may be liable to everyone else for their losses. An experienced Charleston personal injury attorney can help you determine who is at fault, and get you the money that you deserve for your injuries.
Johnstone & Gabhart represents accident victims throughout West Virginia. We are fierce advocates for our clients, working hard to get them maximum compensation for their losses. To learn more or to schedule a free initial consultation with a Charleston accident attorney, reach out to our law firm today.
Determining Fault in a Multi-Vehicle Accident
In a typical car accident claim, liability is often – but not always – relatively straightforward. For example, if one car rear-ends a vehicle that is stopped at a red light, then that driver is probably to blame for the crash. But what happens when there are more than 2 vehicles involved in a collision?
With so many people involved, determining who is the at-fault driver can be tricky. There are still some cases where liability is clear, such as if someone crosses the center line and causes a head-on collision, or if they are driving under the influence and cause a drunk driving accident. Other situations are more complex, such as:
- Accidents that occur in intersections involving 3 or more vehicles: The first vehicle to collide with a vehicle that is legally in the intersection is usually at fault. However, determining which vehicle was legally in the intersection isn’t always easy.
- Chain reaction accidents: the driver who initiated the chain reaction (who hit another vehicle first) is usually considered to be the at-fault party.
In many cases, accident victims make assumptions about who must be responsible for a crash. A more thorough investigation often reveals that they may be wrong. That is why it is so important to work with a Charleston car accident lawyer who can request police reports, review photos and videos of the accident scene, interview witnesses, and hire accident reconstruction experts to determine the true cause of the accident.
Most personal injury cases are based on a theory of negligence, or carelessness. A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation. For example, if you text while driving and cause an accident, then you will probably be considered negligent and held financially responsible for any injuries that occur.
To complicate matters further, West Virginia follows a modified comparative fault rule. Under this law, you can still recover if you are partially at fault for an accident – unless you were 51% or more to blame. If you were 50% or less responsible, then your total recovery would be reduced by the percentage that you were at fault.
Insurance companies often use the comparative fault rule as a way to deny accident victims fair compensation for their injuries. They may argue that you aren’t entitled to money because you were responsible for a crash – even in a multi-vehicle accident, where it isn’t clear that you were 51% or more at fault. In this situation, a Charleston car accident attorney will advocate for you and protect your right to compensation.
Navigating Insurance Claims with Multiple Drivers and Vehicles
Auto accident claims are generally handled by filing a claim with the at-fault driver’s insurance company. This process can be made more difficult when there are 3 or more drivers involved – which means that multiple insurance companies will be battling over who is ultimately responsible for any losses.
In a car accident case, you may be entitled to money for all of your losses. This can include compensation for medical bills, property damage, future medical treatment, lost wages, reduced earning capacity, pain and suffering, scarring, disfigurement, loss of enjoyment of life, and emotional distress. If the at-fault driver acted intentionally or recklessly, you may even be able to collect punitive damages.
However, the process of getting compensation isn’t always smooth. Both the parties to the crash and their insurers may dispute their role in the accident. Some complicating factors in a multi-vehicle accident claim include:
- Hitting limits on insurance policies;
- The at-fault driver does not have car insurance, or is underinsured;
- One or more victims suffered a serious or fatal injury that led to massive damages, such as large medical expenses or a wrongful death claim.
For example, consider a situation where a negligent driver caused a multi-vehicle accident and only had minimal insurance coverage. Two other drivers were hurt in the accident, and are seeking compensation for their damages that far exceed the limits of the at-fault driver’s policy. The insurance companies may look to a different driver as the party to blame – or the accident victims may even file an underinsured motorist claim against their own insurance companies. Figuring out these details to protect your interests is one way that our auto accident lawyers can help.
Insurance companies often work to minimize the amount of money that they pay out on motor vehicle accident claims in any way that they can. This can include everything from offering a lowball settlement amount to an insurance adjuster pressuring an accident victim to give a statement without legal representation to making arguments in court as to why their insured isn’t liable for the crash.
The best way to protect yourself – and to get maximum compensation for your injuries – is by working with an experienced attorney. Your lawyer will handle every aspect of the claim, from working with experts to communicating with insurance companies to filing a lawsuit to making an argument for or against comparative negligence. Whether you have been involved in a motorcycle crash, a truck accident, a bike collision, or any other type of motor vehicle accident, our law offices will fight for your right to fair compensation.
How Johnstone & Gabhart Can Help
Holding the responsible parties accountable in a multi-vehicle accident can be challenging. The insurance companies, along with their adjusters and lawyers, will typically do everything in their power to avoid paying out on your claim. Our law firm will help you get maximum compensation for your accident injuries.
At Johnstone & Gabhart, we know that many multi-vehicle crashes can cause serious bodily injury in addition to emotional trauma. Our goal is to help our clients get fair compensation for damages suffered in these types of accidents. To learn more or to schedule a free initial consultation with a Charleston car accident lawyer, give us a call at 304-343-7100 or fill out our online contact form.
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