After a rear-end accident, fault must be ascertained so the injured party can be justly compensated for his or her losses. This determination is fairly easy when only two vehicles are involved. But how is the question of fault answered when three cars have been involved in a rear-end collision? This multi-vehicle scenario presents challenging questions of negligence that require a thorough investigation of the facts and application of the law. For California rear-end accident victims, Text Kevin Accident Attorneys are here to help.
Is the Car At the Back Automatically Responsible?
When one car hits another, and the second car hits a third, it is generally assumed that the car in the very back (the first one to strike another) is liable for the multi-vehicle accident. This assumption, however, is not always correct. Different parties involved in the accident could be responsible. There may also be third parties, not present at the scene, who share some blame. Let’s examine how these various parties may be liable.
The vehicle at the front
In a typical three-car rear-end accident, the first vehicle at the front stops, for instance at a traffic light. For whatever reason, the second (middle) car doesn’t stop and hits the front car from behind. Then the third (rear) vehicle strikes the second vehicle.
In a case like this, the first automobile is usually not considered to be negligent if the driver was fully and legally stopped when the second car struck from behind. An exception might include that the driver was blocking a lane due to being double parked or suddenly stopped on a green light.
The vehicle in the middle
Next, consider the role of the second vehicle. To avoid liability, this driver must show that steps were taken to avoid hitting the front car. An attorney will ask questions such as:
- Was the driver maintaining a safe driving distance?
- Was the driver distracted when he or she struck the front car?
- Did the second driver make any effort to slow down?
If the second car’s driver can show that a collision was unavoidable, he or she may escape or minimize liability.
The vehicle in the back
The third vehicle is typically presumed to be either fully or primarily liable for the three-car rear-end accident. Fault will usually be assigned because of failure to stop in time, which then triggers a chain-reaction accident. But this may not be the full story. Perhaps the second car stopped abruptly or did something illegal. Or there might even be cases in which the negligence of a third party – that is, someone not at the accident scene – caused the wreck, as discussed below.
Third parties
Lastly, and as mentioned above, there are accidents in which third parties may share a role in the wreck. One of the drivers involved in the crash could have diligently attempted to avoid it by applying the brakes in time. But the braking system might have failed due to a mechanical or design defect. The failure of another critical vehicle component like tires might have also contributed to the accident.
Other parties can share blame as well. Someone might have dropped something from a vehicle and caused the three-car rear-end collision. A private contractor doing construction work on the road could have failed to warn approaching drivers of a lane closure. Even governmental entities responsible for maintaining roads can be to blame.
Can More Than One Party Be At Fault?
It’s possible that several parties involved in the accident might have shared some degree of blame. In this case, a jury would need to assign percentages of liability to each defendant. Courts allow victims to still receive damages even if they shared responsibility for the accident. But the amount of compensation will be reduced by the victim’s percentage of liability.
For instance, if the jury verdict totals the victim’s damages at $100,000, but also determines the victim was 20% responsible for the accident, compensation will be reduced by 20% ($20,000) and the victim will walk away with $80,000.
Let Us Review Your Case and Advise You of Your Rights
Having experienced legal counsel can protect your right to the damages you deserve. An attorney can also help rebut any attempt to assign more liability to you than you deserve. We’ve written a blog post with additional details about such wrecks in California. If you’ve been in a three-car rear-end collision, our firm is ready to help. Reach out to us today.