Liability in a Multiple-Car Crash
Massachusetts is a no-fault state in regard to car accident insurance law. This means regardless of who caused your car accident, you will seek benefits from your own insurance provider. There is an exception, however, for crashes that cause serious bodily injuries. In this scenario, you can seek financial compensation from the at-fault party or parties. Unfortunately, liability can be difficult to determine in a multiple-car crash.
Who Is Liable for a Chain-Reaction Car Accident?
Multiple-car crashes, also called chain-reaction car accidents, pose a difficult question of liability. Unlike an accident involving only two vehicles, there is the added complication of a third or subsequent driver. This can make it more difficult to determine who initially started the car accident. This will be the party most likely at fault for the collision.
In general, the driver who caused the first impact will be liable for the entire multiple-car crash in a Massachusetts car accident lawsuit. In a three-car chain-reaction accident, for example, the rearmost driver (Driver C) will be responsible for both Driver B and Driver A’s damages if he or she caused the initial rear-end accident:
Driver C > Driver B > Driver A
If Driver C strikes the back of Driver B’s vehicle so hard that Driver B is propelled forward into Driver A, Driver C is the liable party, even though it was technically Driver B’s vehicle that struck Driver A. This is because Driver C caused the initial collision that triggered the chain-reaction. In this scenario, Driver C would be liable for both other drivers’ damages.
If, however, Driver B crashed into Driver A, but Driver C was not paying attention and didn’t stop in time to avoid hitting Driver B, both Driver B and C would owe Driver A for his or her property damage and medical bills. Drivers A and B would then have to sort liability out for their damages among themselves, most likely splitting fault.
How Do Insurance Companies Decide Liability?
Liability for a serious car accident in Massachusetts will go to the party that negligently caused the crash. In car accident law, a party is negligent if he or she is careless and causes harm to others. Due to the complexity of multiple-car accident cases, they require in-depth investigations to determine liability.
Holding someone responsible for your chain-reaction accident will take proving he or she caused the initial collision through an act of negligence, such as:
- Operating under the influence
- Driving while drowsy
- Distracted driving
- Texting and driving
- Speeding
- Making unsafe lane changes
- Weaving through traffic
- Running a red light
A car insurance company will analyze all facts, information and evidence related to a car accident to determine the initial cause of the multiple-car crash. It may send an insurance adjuster to the scene of the accident or to conduct a visual inspection of damaged vehicles to help determine fault. Then, the insurance company will assign liability based on which party or parties caused the initial crash.
What Happens If You Are Liable?
In Massachusetts, bearing a portion of fault for a multiple-car accident will not automatically bar you from securing financial compensation. Since Massachusetts is a no-fault state, your own car insurance provider should cover your losses whether or not you were at fault for the collision. Your personal injury protection insurance will cover your medical bills, while collision or comprehensive insurance can pay for your property repairs.
If you are found to be partially liable for a chain-reaction car accident during a personal injury lawsuit, you can still recover financial compensation as long as you are less than 51% at fault in Massachusetts. However, the courts will reduce your award by an amount equal to your percentage of fault.
For assistance proving someone else’s liability for a multiple-car crash in Lowell, Massachusetts, consult with a car accident attorney.