When one car slams into another car, it is almost always easy to determine fault. Although the reckless driver might try to shift the blame, it’s hard to deny running a red light or speeding.
However, assigning blame in an accident can become more complicated when multiple vehicles are involved.
Untangling who is at fault in a multi-car pileup can benefit from specialized legal attention from an experienced Portland car accident attorney. A skilled attorney will have investigative resources to help detangle what happened and who should be held accountable.
They’ll also be able to manage the potential of multiple insurance carriers all out to minimize their exposure. Retaining the services of an attorney will help protect your interests and help you get all that you’re entitled to.
Determining Liability in a Chain Reaction Crash
Determining liability in a multi-car accident is crucial because of Oregon’s modified comparative negligence system. That system holds that if you are found partially to blame for an accident, you can still file a claim to seek restitution. However, the final amount of your settlement will be reduced by the percentage of blame you’re assigned.
As investigators try to untangle what happened, they’ll be looking at two determining factors:
The Initiator
This is the driver who caused the first point of impact. Typically, this is the driver who is often liable for the entire chain of events. That is especially true when the first collision sets off a chain reaction of vehicles pushed forward involuntarily.
Vehicles in the Middle
If you are one of the unfortunate middle drivers in a multi-vehicle accident who rear-ends the car in front of you, you may be held partially at fault for failing to maintain a safe braking distance.
In order to determine liability, an attorney will need to collect testimony from everyone involved in the accident. Surveillance footage may reveal the steps that led to the accident.
There will also be a police report that can attest to certain details, like road conditions or whether any drivers have been issued citations. When all of this evidence is gathered, your attorney will be able to reconstruct what happened and assign the appropriate blame.
Challenges with Multiple Insurance Company Claims
Just as there are challenges in determining liability, there are also complexities when multiple insurance carriers vie for a position that minimizes their payout exposure.
With that many insurance carriers investigating claims, you can anticipate a lot of proverbial finger-pointing towards who to blame. There can also be conflicts among the various insurance adjuster values. Each insurance company will assign its own adjuster, who might reach different conclusions about who to blame and the extent of the damages and injuries.
When there are disagreements about those conclusions, it can delay arriving at fair settlement amounts.
There needs to be a Coordination of Benefits (COB). For example, if you have primary and secondary insurance policies, such as health and auto, then you need to submit claims in the right order.
Failure to do so can result in an automatic denial.
You also have to consider the policy limits among multiple victims. The at-fault driver might have auto insurance that meets Oregon’s minimum requirements. That would mean their insurance is only obligated to pay $20,000 per crash for property damage. Those funds could quickly be exhausted, forcing drivers to seek compensation by filing a personal injury lawsuit directly against the driver.
Why Early Legal Intervention Is Critical for Success
The specific complexities mentioned above are why you need a skilled car accident attorney on your side. As the victim of a multi-car crash, you are just one of many drivers and passengers, all focused on getting compensation from potentially a single driver. That’s a lot to sort out.
The legal team at Dozier Law Group is up to the challenge.
We have a proven track record of success helping clients through direct settlement negotiations with insurance companies and litigation in the courtroom. We’re confident in our ability to thoroughly investigate a multi-car pile-up to determine who is at fault and who should share liability.
If we agree that your case has merit, we’ll work diligently to reach a fair settlement for your losses. Don’t wait for things to “settle down” after a multi-car crash. Get legal advice today, starting with a free consultation at Dozier Law Group.
We’ll get your questions answered.