A car accident is stressful. What is even more stressful is when there are multiple drivers involved. The situation becomes more complicated, and it becomes even more difficult to determine who is at fault and how much compensation each party should get.
Accidents that involve three or more parties are known as chain reactions because a multi-car crash is often started by two vehicles, and due to road obstruction and slow reaction time, other vehicles start piling up in the collision. When you are involved in a multi-party accident, the legal complications multiply as well. Therefore, you should seek consultation from a Los Angeles personal injury lawyer.
Which driver pays in a three-car accident?
Laying blame in a three-car accident is not easy. None of the drivers may understand who made the first wrong move which caused the crash.
As with all other personal injury cases, negligence determines liability. If you think a certain party was at fault, you must produce evidence supporting your statements. If you think both parties had a partial fault, you will need to establish both of their negligence.
Determining negligence is not a simple task, especially when accusing more than one party.
How to determine fault in a three-car accident?
Whether you are accusing one or two or five drivers, you need to establish the following to receive compensation from each of them.
- They had a duty of care. This simply means that they were obligated to drive safely and lawfully.
- There was a breach of duty. This means breaking traffic laws, such as speeding, tailgating, DUI, etc.
- The breach was the sole reason for the accident.
- The accident led to your injuries.
Who decides who pays after an accident?
Several parties may be involved and may contribute to determining who should pay the compensation.
Police
The police do not directly decide who pays, but their accident report influences the outcome. Police officers verify what they see on the accident site and create a report, which is later used to determine fault.
Insurance companies
Insurance companies have the right and duty to decide whether they will pay your compensation or not. They conduct an investigation and make decisions based on the outcome.
Attorneys
Personal injury attorneys conduct their own investigations, and their results influence the insurance companies’ decisions.
Mediators
When attorneys, insurance companies, and drivers are stuck in negotiation but wish to settle outside of court, they will hire a mediator to suggest alternative solutions and resolve the issue.
Judges
If you file a lawsuit, the decision-making power goes into the hands of the judge. They look at the evidence presented before them and make a final decision.
Jury
If the involved parties decide to go to trial, the judge will provide information to the jury trial, and the members will decide who pays and how much.
Conclusion
Car accident cases can be hard to deal with even more when struggling with your physical injuries. Let a skilled attorney handle your case to avoid complications and mistakes.