How Is Liability Determined in a Multi-Car Crash in Texas?

Being involved in a multi-car collision, chain reaction crash, or highway pile-up in West Texas can be overwhelming and difficult to navigate. Unfortunately, you’ll find that navigating the aftermath of a collision with more than two vehicles can be incredibly stressful, as determining who should be held liable will depend on a number of factors. As such, the following blog explores what you should know about these matters, including what happens if more than one driver faces legal responsibility for the damages. In addition, you’ll discover the importance of contacting a San Angelo, Texas car accident lawyer to help you fight for the justice you deserve.

How Is Fault Determined in a Multi-Car Crash in Texas?

When a collision involving multiple parties occurs, it can be incredibly difficult to narrow down who the responsible party is. This is due, in part, to the number of conflicting statements from those involved. As such, thorough investigative work is required to help determine the cause of the collision and subsequent liability.

Texas determines liability in collisions involving multiple vehicles by assigning a percentage of fault to each driver based on their contributions to the crash.

Texas adheres to a modified negligence system, meaning multiple parties can face liability based on their percentage of fault in the collision. As such, liability will be determined by evidence showing how each party contributed to the crash, like physical evidence, traffic violations, and driver behavior.

Evidence Used to Determine Liability

• Police crash reports
• Driver and witness statements
• Vehicle damage patterns
• Skid marks and debris distribution
• Traffic camera and surveillance footage
• Black box (electronic data recorder) data
• Toxicology reports if a DUI is suspected
• Cellphone records in instances of distracted driving

Common Scenarios in Multi-Vehicle Crashes

• Rear-end chain reactions on highways and during heavy traffic congestion
• Unsafe lane changes or merging
• Multi-car crashes during severe weather
• Distracted driving
• Intersection crashed caused by failure to yield

What Is Texas’s 51% Modified Comparative Negligence Rule?

When collisions that involve multiple parties occur, it is not uncommon for more than one driver to face liability for the damages sustained by others. It’s imperative to understand that Texas is a 51% modified comparative negligence state in accordance with the Texas Civil Practice & Remedies Code §33.001. That means any driver found 51% or more at-fault for a collision will be unable to collect compensation for damages sustained. In instances in which one driver’s fault exceeds 51%, they could face liability for all damages, even if other drivers were partially negligent. If your liability is 50% or less, your compensation will be reduced by your percentage of fault in the collision.

How Fault Percentages Affect Compensation

• If you are 10% at fault, your recovery will be reduced by 10%
• If you are 40% at fault, your damages will be reduced by 40%
• If you are 51% at fault, your recovery is barred
• Multiple defendants may share percentages (25%, 40%, 35%)

What Causes Multi-Car Crashes in Texas?

Multi-vehicle collisions generally arise following a single act of negligence that results in a chain reaction. Unfortunately, in San Angelo and throughout Tom Green County, this is often the result of high-speed highways and poor weather conditions, combined with negligence.

Identifying the initial cause of negligence is vital as it generally establishes primary liability, even if other drivers share partial fault.

Leading Causes of Multi-Vehicle Collisions

• Distracted driving
• Driving under the influence of alcohol or drugs
• Drowsy driving
• Speeding
• Road rage or aggressive driving
• Failure to obey traffic signs

What Should You Do After a Multi-Car Crash in San Angelo?

Being involved in any motor vehicle collision can be incredibly stressful; however, an collsiion involving three or more cars can be even more overwhelming. As such, it’s in your best interest to take the necessary steps to protect both your health and your right to compensation.

Steps to Protect Your Injury Claim

• Call 911 and request both police and medical assistance at the scene
• Seek medical attention even if you feel okay or injuries seem minor
• Obtain a copy of the police report at the scene
• Take photos and videos of the scene, including road conditions, damage to all vehicles involved, and visible injuries
• Do not admit fault at the scene
• Gather the insurance information of all parties involved
• Write down the contact information of witnesses
• Keep all copies of medical records and repair estimates
• Do not provide recorded statements to insurance adjusters without legal representation

What Compensation Can You Recover After a Multi-Car Crash?

Those involved in multi-car collisions often suffer substantial injuries as a result of multiple impacts. As such, if you are injured, you are generally eligible to recover both economic and non-economic damages for the harm you’ve suffered.

The value of your recovery depends on the severity of the injuries you have suffered, your percentage of fault in the collision, and the long-term impact the crash will have on your life and livelihood.

Types of Recoverable Damages

• Emergency medical treatment
• Ongoing rehabilitation and therapy
• Lost wages and reduced earning capacity
• Property damage
• Mental anguish
• Permanent disability
• Scarring and disfigurement
• Pain and suffering
• Wrongful death (in the event of a fatal collision)

Will a Multi-Car Collision Case Go to Trial?

While the large majority of car crash cases in Texas are settled out of court through negotiations, some do proceed to trial. This is often the case if fault is disputed, the insurance companies refuse a fair settlement, or damages are contested.

When Trial Becomes More Likely

• Disagreements over percentages of fault arise
• There are catastrophic injuries
• The settlement offer is substantially lower than the value of damages
• There are disputes regarding who is responsible for the severity of the injuries

How Long Do I Have to File a Claim for Compensation?

Under Texas personal injury law, those injured in a multi-car collision in San Angelo or anywhere in the state must file a claim within a set timeframe, known as the statute of limitations, which is two years from the date on which the injury occurred. Failure to file by this deadline can relinquish your right to recover compensation.

Contact a San Angelo Personal Injury Attorney Today

If you are the victim of a collision in which more than two vehicles are involved, it’s in your best interest to connect with an experienced personal injury attorney with the Mathis Law Firm. Our team understands how difficult these matters can be to navigate, which is why we are committed to fighting for the justice you deserve, so you can focus on healing. Contact us today to learn how we can represent you.