In Texas, state law says that the driver or person responsible for causing a car accident has to pay. However, fault is not always easy to determine – especially if there are multiple vehicles and drivers involved in a crash. If you get into a multi-car accident, or one involving three or more vehicles, you may need a car accident attorney in San Antonio to help you understand and prove fault.
Negligence and Multi-Car Accidents
In most car accident cases, liability (legal and financial responsibility) is based on negligence. Negligence means the failure to act with proper or reasonable care based on the situation. In a car accident case, negligence can refer to many different preventable driver errors.
Examples include:
- Speeding
- Unsafe lane changes
- Red-light running
- Distracted driving
- Drunk driving
- Tailgating
- Road rage
- Poor vehicle maintenance
- Failing to yield the right-of-way
If one driver involved in the multi-car pileup was negligent, this could set off a chain reaction of additional accidents. In this scenario, the driver behind the first collision could be held accountable for all subsequent collisions that take place.
When an insurance claim is filed for a multi-car accident in Texas, the insurance company will launch an investigation into which driver or drivers are at fault. The investigation will look at things such as the direction each vehicle was traveling, the speeds of each car, and whether one or more drivers were in violation of a San Antonio traffic law at the time of the crash.
Key evidence used when determining fault for a multi-vehicle collision are police reports, crash reconstruction by experts, statements from witnesses and the drivers involved, physical vehicle damage, points of impact, cell phone records, and photographs or video footage of the crash. Investigators will work to assign a percentage of the blame to one or multiple parties.
Texas’s Comparative Negligence Law
Texas uses a modified comparative negligence law in cases where multiple parties are assigned a percentage of fault. Under this law, a victim can still recover financial compensation as long as he or she is found to be less than 51 percent at fault for the accident.
With less than the majority share of fault, the victim will receive a settlement or judgment award that is reduced in proportion to his or her percentage of fault. With 51 percent or more of the blame, however, the individual will lose the ability to recover compensation entirely.
Insurance Coverage for Multiple Injured Parties
Another complication that can be involved in multi-car accident cases in Texas is a lack of insurance coverage available for injured victims. If one driver is held responsible for injuring multiple parties, his or her “per accident” body injury insurance may get maxed out.
The required amount of this coverage is only $60,000 in Texas – possibly not enough to cover serious injuries to multiple parties. This can lead to gaps in coverage that may need to be supplemented with first-party insurance or holding a third party liable.
How a San Antonio Car Accident Lawyer Can Help
If you get injured in a multi-car accident in Texas, you may be looking at a difficult and complicated claims process. An experienced car accident attorney in San Antonio can help you determine fault, prove liability, and negotiate for maximum financial compensation from one or more insurance providers.
For a free in-depth case review about your multi-vehicle crash, contact Hill Law Firm Accident & Injury Lawyers at (210) 960-3939 24/7.