How Fault Is Determined in a Multi-Car Accident in Phoenix

Multi-car accidents involve three or more vehicles. There are many different types of multi-vehicle accidents. One of the most common types is a chain reaction of rear-end collisions that start when a car strikes the last car in a line of vehicles. Each car that is struck then collides with the car in front of them. Some multi-car crashes involve multiple cars striking each other simultaneously – such as when a driver runs a red light and the other cars near the red light either collide with the first driver or with other vehicles as they try to get out of the way.

Determining fault generally requires slowing down the sequence of collisions to determine the path of each car before impact, the points of impact for each collision, and where the cars go after each collision. In many cases, we can determine the sequence of accidents by questioning everyone involved, investigating the accident site, and examining the vehicle damage. Sometimes, we employ traffic reconstruction experts who use computer graphics, physics, and other technology and sciences to determine what happened.

Investigating the sequence of collisions is just the first step in assessing fault. In some cases, such as a rear-end collision, one driver is responsible for every collision. In other cases, multiple drivers may be partially responsible for one or more collisions.

What are the different types of multi-car accidents?

Collisions that involve three or more cars can happen in many ways, including:

• Rear-end collisions. Here, a driver who is speeding or driving while distracted may strike the last car in a line of cars, causing a chain reaction of collisions. Normally, the car that strikes the last car is completely responsible. A few factors that could result in a finding that other drivers in the line are responsible include drivers who stopped too close to the car in front of them, drivers who were trying to shift to another lane at the time of the accident, and construction accidents that cause cars to suddenly brake because the construction site failed to provide sufficient notice of the construction. A rear-end crash may also be due to a sudden emergency, such as when a driver stops to avoid a child or a deer that runs into their path.
• Head-on crashes. This type of multi-vehicle accident can occur when one car enters the wrong lane of travel, such as when a driver is intoxicated, distracted, tired, or confused.
• Side-impact crashes. These accidents often happen at intersections when a driver runs a red light or a stop sign or fails to yield. These collisions can also occur if a driver enters a main road from a side street or a parking lot.
• Inclement weather. Rain, snow, and fog can cause multiple drivers to lose control of their vehicles simultaneously. Alternatively, one car may lose control and swerve into another travel lane or slam into the car in front of them.
• Other common causes. These multi-car accidents include a truck jackknife, a truck cargo that spills onto the highway, driver fatigue, multiple cars shifting lanes at the same time, and poor visibility.

Evidence that can help determine responsibility for multi-car accidents

Our Phoenix car accident lawyers use different ways to show how multi-vehicle accidents happen and who is responsible. These include:

• Investigating if there is any video evidence. Some sources of video or photographic evidence include traffic cameras (such as red light cameras), dashcams on any vehicles, security video of any nearby business or residences, and smartphone videos.
• Questioning everyone involved. We formally question the defendants in writing and all witnesses, including the defendants, in person to determine where they came from, where they were going, the roads they were traveling, and the specific details of what happened immediately before, during, and after each collision. The witnesses may also include passengers, pedestrians, and bicycle riders.
• Working with traffic construction experts. These experts work to provide a second-by-second analysis of the path of every car from the time of the first impact until the last collision.
• Examining the damage to each car. The location and severity of the damage to each car help to establish how the collision involving each particular car occurred.
• Review the police report and speak with the Local law enforcement should conduct an initial investigation of the accident and file a report with the police department.

Comparative negligence in Arizona

Arizona uses a comparative negligence law. This means that the claim of a victim partially responsible for an accident is reduced by their degree/percentage of fault. For example, if a plaintiff’s claim is worth $100,000 and they were 25% at fault for the accident, their recovery is reduced to $75,000. In Arizona, a plaintiff can recover one percent if they are 99 percent at fault.

The comparative negligence analysis becomes much more complicated if there are multiple victims and/or multiple defendants. For each accident, the degree of fault of each party is assessed. The combined percentages should equal 100 percent.

For example, if a plaintiff is 20 percent at fault, defendant A is 30 percent at fault, and defendant B is 50 percent at fault – then the plaintiff can recover 80 percent of their damages. If the plaintiff’s claim is worth $100,000, the plaintiff’s total recovery is $80,000. Generally, the plaintiff will recover $30,000 from defendant A and $50,000 from defendant B.

Our multi-car accident lawyers will explain how comparative negligence works for your specific accident. Generally, all the cases of each plaintiff are heard together – though exceptions may apply. Settlement negotiations can become even more complicated if a defendant is not insured or doesn’t have enough insurance to pay your claim.

At Plattner Verderame, P.C., our lawyers can handle every type of complex car accident, including multi-vehicle accidents. Our Phoenix and Tempe car accident lawyers work with investigators, traffic reconstruction experts, car mechanics, and other experts who can help determine how accidents happen. Please call us or contact us today to schedule a free consultation.