When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be.
We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.
Car accidents are typically complicated, chaotic situations. Determining liability can become even more complex when multiple drivers are involved. Whether a collision occurs as a chain reaction pile-up or an intersection accident involving numerous drivers, the victims often find themselves in a tangled web of liability issues. One of the ways to untangle this web and ensure justice is served is by employing the services of a seasoned car accident lawyer.
Here's how a car accident lawyer can guide victims through the process of suing multiple drivers.
Determining Liability in a Multi-Driver Accident
The key to suing multiple drivers after a car accident is to establish liability. To put it simply, liability means determining who is responsible for the accident. In cases involving multiple drivers, the responsibility may be shared among several parties.
- Pinpointing Liability: car accident lawyers, in collaboration with accident reconstruction experts, will analyze the accident scene, witness testimonies, police reports, and other forms of evidence to apportion liability. The gathered data will be used to create a coherent picture of the events that transpired, pinpointing how each driver contributed to the accident.
The Doctrine of Comparative and Contributory Negligence
One of the legal concepts that play a significant role in multi-driver accident lawsuits is the doctrine of comparative and contributory negligence. Depending on the jurisdiction, one or both doctrines may apply.
- Comparative: comparative negligence allows a plaintiff to recover damages even if they are partly at fault for the accident. The amount they can recover is reduced by their percentage of fault. This doctrine applies in most states.
- Contributory: contributory negligence, which applies in a minority of jurisdictions, bars plaintiffs from recovering damages if they are found to be even slightly at fault.
Understanding these concepts is crucial, as they can significantly affect the outcome of your case. Your car accident lawyer will explain these doctrines and guide you on the best way to proceed based on the negligence laws in your jurisdiction.
Pursuing a Claim Against Multiple Drivers
Suing multiple drivers means filing claims against each driver's insurance policy. The claims will include property damages, medical bills, lost wages, and non-economic damages like pain and suffering.
- Optimizing Payouts: it's essential to remember that each driver's insurance company will have its own team of lawyers working to minimize the payout. That's why it's so crucial to have a skilled car accident lawyer on your side. They understand the tactics that insurance companies use and will negotiate aggressively to ensure you receive the maximum compensation you deserve.
Filing a Lawsuit
If negotiations with insurance companies do not yield satisfactory results, filing a lawsuit might be the next logical step.
- Filing: a lawsuit is filed against the drivers themselves, not the insurance companies. Your lawyer will draft a complaint, which outlines the case against each driver, the damages you've suffered, and the compensation you are seeking.