How Is Liability Determined in Chain Reaction Accidents?
If you have been involved in a chain reaction accident, then you know how confusing it can be, both in the moments after the accident as well after the debris has been cleaned up and the injuries have begun to heal. Depending on the severity of your injuries, and where your car was in the midst of the wreck, you may not have been completely aware of, or remember exactly, what happened. You may have been driving lawfully and with reasonable care, but ended up being badly hurt in a large wreck through no fault of your own.
Unfortunately, inclement weather conditions such as fog, or poor roads conditions, can cause a multiple car crash can and no fault is assigned to any driver. But, most of the time, at least one driver is found to be the root cause of the pile-up. Because a lot of people could involved in a chain reaction accident, it’s important to find who is liable in order for you to get the compensation and damages that you deserve.
Gather the Necessary Information from the Accident
After you have assessed that you and your passengers are OK and are safe, it’s crucial to get the information you need to help prove your claim. Start by gathering names and phone numbers of the drivers, passengers, and witnesses. Call the police so that they can create a report, and then go retrieve the report later when it has been completed. Take photographs with your cellphone of the general scene of the crash and the damage to your car. Make sure you get everything from multiple angles so you can see as much of the crash scene as possible. This will also help your attorney later if a lawsuit needs to be filed.
Whether you think you are hurt or not, make sure you have the paramedics check you out to confirm. To be on the safe side, you should also see a physician for an examination. Injuries from a car accident may show up later, well after the accident. Since you may have been hit multiple times, it’s even more imperative to be checked out and treated for any injuries.
The Difficulty in Finding Liability
The more drivers and cars involved in a chain reaction car crash, the trickier it becomes to determine who is actually at fault. Kentucky is a “choice no-fault” state for car insurance, meaning that if you opt out of no-fault insurance, you can still sue, and be sued, for damages. Kentucky is also a pure comparative negligence state as well. This means that each defendant is only responsible for his or her portion of fault. A plaintiff can still recover damages even if he or she was partially contributed to the accident.
Besides weather and road conditions, other issues that could contribute to a chain reaction accident include another car crash, aggressive driving, distracted driving, or drunk driving.
There are different types of chain reaction accidents which include: a hit-and-run accident from the last car (a rare occurrence); a chain reaction where the last car causes the domino effect of cars hitting each other; a driver stops suddenly and the next driver was not paying attention to the slowing of traffic ahead and hits the first car (a more common event); and a car stops suddenly but there’s no evidence of why it stopped suddenly (another rare occurrence).
Reach Out to a Kentucky Car Accident Attorney
Experiencing a chain reaction car crash can be a terrifying and overwhelming experience. More than one person may be liable for a multiple vehicle pile-up and you might not know what to do next. You may be wondering how to determine liability or how to recover damages. You may have sustained some serious injuries and have extensive damage to your car.
Reaching out to an experienced Kentucky personal injury lawyer can help you come up with answers to these questions and help you recover the maximum amount of damages. Lanna Martin Kilgore, Attorney at Law has over 25 years of experience with complex litigation cases like these. She will thoroughly investigate the details of this accident and help to determine who is liable. She will be a fierce and passionate advocate for you—whether your case is settled out of court or if your case goes to trial. Contact her office today to schedule a consultation at 270-846-3700 or contact her online.