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Who is At Fault in a Chain Reaction Car Accident?

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When people think of car accidents, they imagine two cars colliding in an intersection. But some accidents involve dozens of vehicles, especially on the highway where traffic is congested. These accidents usually begin with one car going out of control and either hitting another car or forcing a driver to take defensive action. Suddenly, the vehicles start striking each other like pinballs, and before you know it, dozens are on the side of the road or overturned in a ditch.

One key issue is determining who is at fault in a chain reaction car accident. Contact McCravy, Newlon, Sturkie & Clardy to schedule a free case review with an experienced Spartanburg car accident lawyer. We can analyze the facts involved in a chain reaction accident and determine the correct person to sue for compensation.

General Rule: The Driver Who Caused the First Accident is At Fault

A chain reaction car accident can happen wherever traffic is heavy. The highway is a common location, but any road might be congested, especially in a work zone. A chain reaction accident happens when one driver loses control and collides with another motorist or almost hits them.

When two vehicles collide, they will suddenly lose all momentum. Those motorists coming up from behind canโ€™t brake in time, so they crash into the cars in front. Everything snowballs from there.

Even if a driver can avoid the crash in front of it, they often dart into a different laneโ€”and promptly crash into someone else.

Cars end up all over the place as every driver takes sudden defensive action.

In other cases, a chain reaction crash happens in a work zone where a line of cars is stopped. The vehicle coming up from behind does not stop in time. Consequently, they crash into the car directly in front of it, pushing that car forward. This car then slams into the one in front of it, causing a chain reaction.

Drivers involved in this type of crash typically blame the motorist who struck them, but itโ€™s not technically accurate to say they are at fault. The driver might not have done anything but get hit and forced directly into your vehicle.

As a rule, the driver who caused the first accident is typically to blame for the entirety of the crash.

Think of it this way: if it werenโ€™t for their negligence, the chain reaction crash would not have happened.

Evidence to Determine Fault

Often, these accidents happen so quickly that motorists have no idea what happened. Some drivers blinkโ€”and suddenly they are in an upside-down car in the ditch with dozens of vehicles smashed up all over the road.

With so many vehicles involved, itโ€™s hard to untangle the facts and determine who is to blame for the chain reaction car accident. Most motorists are probably struggling with medical treatment to try and overcome their injuries. They donโ€™t have time to engage in a full-scale investigation.

Call our office. The police report is also a critical piece of information. The responding officer hopefully investigated to find out who caused the first collision or which driver had suddenly lost control. This report is not the final word on fault, but it is a starting point.

Some other useful evidence includes:

  • Dashboard cameras. Many cars today have dashcams, which can record what is happening directly in front of the vehicle. Maybe one camera caught the first collision, which triggered the entire chain reaction. This video evidence is very persuasive.
  • Nearby surveillance video. Gas stations, convenience stores, and other businesses often have a camera pointed at the street or parking lot. These cameras catch many accidents, so the video could pinpoint who is at fault.
  • Witnesses. Everybody involved in a multi-vehicle pileup has a different perspective. As mentioned, they probably blame the driver who hit them, even if this driver had no control over their vehicle. But some witnesses might tell a consistent story about which vehicle caused the first crash.
  • Physical evidence. In some cases, a road defect might be to blame. Photographs of this defect help prove its existence.

Schedule a consultation with an attorney you trust. Go over what you remember and share the names of other drivers involved in the crash. You should also discuss your injuries, including your prognosis, so the lawyer can provide some idea of the compensation you might obtain.

Obtaining Compensation

Trying to get paid is also difficult when it comes to a chain reaction car accident in Spartanburg. The driver who set the accident in motion might only have the minimum insurance to cover the cost of damages. In South Carolina, the minimum policy is $25,000 for bodily injury liability, up to $50,000 when two or more people are injured.

If 12 vehicles were involved, then 12 people would try to divide the $50,000. As you can see, each victim will receive only a tiny settlement, probably not enough to cover serious injuries. Furthermore, South Carolina only requires $25,000 for liability property damage. That will not be enough to fix the 12 cars that are damaged.

A lawyer can help analyze how to maximize your compensation. One option is to use your underinsured motorist insurance policy (called UIM coverage). This insurance can step in and pay for medical care and other economic losses following a crash when the at-fault motorist does not have sufficient coverage. Our firm has negotiated with many UIM insurers for settlements, including for multi-vehicle accidents.

Speak with an Experienced Spartanburg Car Accident Attorney

McCravy, Newlon, Sturkie & Clardy is an established law firm helping car accident victims in Spartanburg obtain financial compensation for accident injuries. If you were hurt in a chain reaction accident, pick up the phone and call us. We can meet to discuss what you remember of the event and review the police report. Our goal is to obtain the most compensation possible by establishing liability for this crash, and we arenโ€™t afraid to roll up our sleeves and begin to investigate.

Frequently Asked Questions

Do I need a lawyer?

The best way to know if you need a lawyer is to ask. If you have injuries that you received medical attention for, itโ€™s worth having a legal consultation. Your consultation is where you can decide if you want to hire a lawyer. Weโ€™ll explain the pros and cons and how a lawyer may help you

How much is my case worth?

Case values vary. Your losses and the strength of the legal case are the primary factors. The ability to collect compensation is important, too. There are things you can do to maximize the value of your case. Our lawyers can help.

Will my case settle?

Most cases settle. Building a strong case and negotiating effectively can help you reach a settlement. Weโ€™ll evaluate your case and the factors that make a case likely to settle. When we represent you, weโ€™ll work towards your goals. That includes a settlement, if you choose.

What happens if I have to file a lawsuit?

Sometimes, you must file a lawsuit to get the compensation you deserve. Even most cases that are filed still result in settlement. Filing the case makes the defense respond and it moves the claim forward. As your lawyer, we take care of the filing documents and legal procedure.

Should I speak with the insurance company before hiring a lawyer?

No. The insurance company can use your statements against you. They may try to confuse you or pressure you to accept a low offer. This is true even if you havenโ€™t hired a lawyer yet. We can start representing you as soon as you sign up. Then, we speak to the insurance company for you.

Should I allow an insurance company access to my medical records?

Insurance companies like broad disclosures of medical records. Theyโ€™re looking for things that might embarrass you or things they can use to minimize compensation, like pre-existing conditions. Our lawyers can help you respond to a request for medical records.

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