Assigning Fault in Multi-Car Pileups

Being in an auto accident can not only be frightening, but also disorienting. Some crashes come out of nowhere, leaving drivers feeling confused and anxious. How did this happen? How do I make sure I make the right decisions moving forward? What choices do I even HAVE, moving forward?

Cold, icy and snowy conditions lead to spikes in auto accidents each winter. When multiple people and automobiles get caught in these accidents it can become confusing to understand who is responsible for paying medical bills and other losses. This article aims to help readers get to the bottom of determining how fault is determined in auto accidents, when multiple drivers share responsibility.

This is a critical question, and the success of your claim will depend on you pursuing your claim correctly. Read on for some great general information to get you started. However, for experienced, formal legal counsel that is tailored to the circumstances of your own claim, it is important to contact a respected personal injury attorney, such as the team at Patel Law, PC.

Illinois Modified Comparative Negligence

Illinois law follows a system of modified comparative negligence in instances such as automobile accidents. What this means is, if you are in a car accident and you are partly responsible, the compensation you receive can be reduced in proportion to your level of fault. If you are found to be more than 50% at fault, you can be precluded from collecting compensation at all.

Example: How this could play out, for instance, say that a red car and a blue car are in an accident. The red car’s total amount of damages that they suffered is $100,000. The red car is found to be only 20% at-fault for the accident. The court then deducts 20% of your total potential recovery (20% of $100,000.) The red car walks away with $80,000.

The blue car, on the other hand, also suffered $100,000 in damages. However, the blue car is found to be 80% at fault for the accident. Because they are more than 50% at fault, they lose the right to recover any compensation.

When multiple vehicles are involved in an accident, determining responsibility becomes more complicated because several drivers may share portions of the blame.

Liable Parties in Multi-Vehicle Collisions

Determining fault in multi-vehicle crashes will require analysis of how the accident occurred and the role each actor played. Police reports, witness statements, and physical evidence submitted by the parties is reviewed in order to establish liability.

At the end of the day, generally a driver who rear ends another vehicle is responsible for that damage. A driver who triggered a chain reaction, will often bear the most responsibility. However, fault may shift. This is particularly true if other drivers contributed via their own bad actions such as speeding or distracted driving. Further complications arise if a person is working/driving a truck or other work vehicle, because their employer may also share in liability for their employee’s actions.

Because so many pieces are in play and fault can be interpreted in different ways, insurance companies often point fingers and dispute claims in order to minimize their own payout/to make optics seem better for them. An experienced personal injury attorney can help you understand how to navigate next steps in your own case and protect your rights moving forward.

Contact Patel Law, PC

Our experienced team of Champaign personal injury attorneys can ensure that your rights are protected and your claim is properly pursued through our legal system. Contact our office today to begin discussing your own case with our team.

Sources:

cbsnews.com/chicago/news/i-57-4-vehicle-fatal-crash/

abc7chicago.com/post/chicago-traffic-least-1-killed-3-injured-57-crash-south-side-illinois-state-police-say/18244127/