You may have been stopped at an intersection, traveling on I-66, or driving on another busy road when you suddenly felt the impact of a vehicle striking you from behind and the fear of being pushed into the car in front of you. In just seconds, a chain reaction crash occurred.
Determining fault after multi-vehicle crashes is often overwhelming. How will the insurance companies assign liability? What if more than one driver made a mistake that contributed to the crash? How will you make a fair recovery?
Contributory negligence can significantly impact your financial recovery after a crash with multiple liable parties. Learn what you need to know about Virginia accident law and fault determination after multi-vehicle crashes so that you can take the necessary steps to protect your potential financial recovery.
How Virginia's Contributory Negligence Rule Affects Multi-Vehicle Accident Claims
Virginia is one of only a few states that still follows the strict rule of contributory negligence in personal injury claims. Under this rule, an injured person cannot recover any compensation if they are found to be even 1% at fault for the accident that caused their injuries.
If you were at all at fault for the multi-vehicle crash, you may be barred from recovering a settlement from the other liable drivers.
For example, let's say you are rear-ended and pushed into the vehicle in front of you, but you are also ticketed for speeding during the crash. The insurance company could argue your speeding makes you partially at fault, prohibiting you from filing a claim against the other drivers.
Contributory negligence can also impact your claim if you seek compensation from multiple at-fault drivers. If Driver A and Driver B both made mistakes that led to your multi-vehicle accident, but one of their insurance companies convinces the court that you hold a small portion of fault, you may be unable to recover from either driver.
As you can imagine, insurance adjusters often try to pin a percentage of the blame on injured parties, even when they did not cause the accident. This is one of many reasons it's wise to work with an experienced Virginia car accident attorney before discussing the details of your crash with an insurance company.
How to Determine Liability in Multi-Vehicle Crashes
Figuring out who is financially responsible for a crash that involves three, four, five, or even dozens of vehicles is complicated. Some of the factors that may be considered include:
- The sequence of events in the crash
- Eyewitness testimony
- Vehicle damage and debris patterns
- Dashcam or traffic camera footage
- Data from vehicles' electronic control modules (the "black box")
- Cell phone records showing potential distraction
- Toxicology reports indicating driver impairment
In some multi-vehicle crashes, it's clear that one driver caused the initial crash and holds most of the liability. For example, if a semi-truck driver falls asleep at the wheel and barrels into stopped traffic, causing a chain reaction, the commercial driver would likely be liable for all damages and injuries.
However, many chain reaction crashes involve mistakes or negligence by multiple parties. If Driver A rear-ends Driver B because they are texting, pushing Driver B into Driver C, but Driver C is intoxicated and can't react in time to avoid the secondary collision, Drivers A and C could share liability to some degree.
Establishing the sequence of impacts and each driver's contributions to the crash becomes more difficult with each additional vehicle.
Maximizing Multi-Vehicle Accident Settlements Under Virginia Accident Law
Virginia law allows you to pursue compensation from each liable party when two or more negligent drivers injure you. However, the state also protects against "double dipping" or recovering duplicated damages from multiple sources for a single loss.
For example, let's say Driver X and Driver Y both made careless lane changes that resulted in your multi-vehicle accident and injuries. You require $100,000 in compensation for your medical bills, lost income, pain and suffering, and other damages. If a court determines Driver X was 60% at fault and Driver Y was 40% at fault, you could recover $60,000 from Driver X and $40,000 from Driver Y.
However, let's say Driver X has a $25,000 policy limit, which their insurer promptly pays out. You are still entitled to pursue the remaining $75,000 in damages, but you cannot "double dip" and seek the full $100,000 from Driver Y. Instead, you can only go after Driver Y for their portion of fault, which would be $40,000 in this scenario.
An attorney well-versed in multi-vehicle accident claims will know how to identify all possible sources of compensation and build a strong case proving each party's degree of fault. Your lawyer should also have experience negotiating with multiple insurers to reach the maximum possible settlement for your injuries and damages.
After a multi-vehicle crash in Virginia, it's essential to consult an attorney before speaking to any insurance adjusters. With our state's strict contributory negligence rule, even an innocent statement about your own actions behind the wheel could bar you from compensation.