What If Multiple Parties Are At Fault for the Accident?

According to the National Safety Council, over 70% of car accidents in the U.S. involve more than one vehicle. If you’re ever involved in a car accident with multiple vehicles, an investigation might show more than one driver was at fault. This can complicate things when you ask a Texas or New Mexico car accident lawyer to file car accident cases.

You shouldn’t allow this to stop you from filing car accident claims. It’ll put you in a position to collect maximum compensation so you can cover the costs associated with car accident injuries, property damage, wrongful death, and more. However, you should also learn more about what it means when multiple parties are found at fault for an accident.

Determining Who Is At Fault for a Car Accident

Before those involved in a multi-car accident can even think about filing a claim, an investigation into a crash happens. This process typically begins with local police.

From there, insurance companies, legal teams, including retained experts, and others might step in to conduct their own investigations. They’ll all work toward the same goal: figuring out who is to blame for an accident to see who has the right to collect compensation.

In some cases, those parties involved in a crash and their representatives can agree on who was to blame for an accident. But in others, they might need to go to trial to determine who was at fault.

Assigning Blame to Those At Fault for a Car Accident

Some states use a concept called contributory negligence when multiple parties are at fault. Drivers aren’t legally allowed to file car accident claims and recover damages in these states if they’re found to be even 1% to blame.

Other states, such as New Mexico, use a concept called comparative negligence. Drivers in these states are assigned blame in percentages. These percentages limit the damages drivers can collect.

Certain states, including Texas, also use a slightly modified version of comparative negligence that prevents anyone who is more than 50% to blame for an accident from recovering damages.

Negotiating Settlements When Multiple Parties Are At Fault for a Car Accident

Negotiating settlements when multiple parties are at fault for a car accident comes with challenges. But in a modified comparative negligence state like Texas, it can also make negotiations easier at times when more than one party is sharing the blame.

Let’s say, for example, you’re involved in a car accident in Texas with three other cars, and an investigation shows that you were 0% to blame. It also shows that Driver A was 60% to blame, Driver B was 25% to blame, and Driver C was 15% to blame.

In this case, Driver A wouldn’t be entitled to anything since they passed the 50% threshold. Driver A would pay a portion of your settlement plus portions of Driver B and Driver C’s settlements. Driver B would pay a portion of your settlement while receiving settlements from Driver A and Driver C. Driver C would pay a portion of your settlement while receiving settlements from Driver A and Driver B.

Your car accident lawyer can handle the calculations and fill you in on how much you stand to receive in damages.

Need a Reliable Car Accident Lawyer? Contact Us Today

Any time a multi-car accident occurs, it can make determining who was at fault and negotiating settlements complicated. Work with a lawyer licensed in Texas or New Mexico from Fadduol, Cluff, Hardy & Conaway, P.C. to iron out the details of your recent multi-car crash. Contact us at 800-433-2408 to request help and schedule a consultation today.