3-car accident scenarios: Who’s at fault? Who pays?
3-car accident scenarios: Who’s at fault? Who pays?
After a three-car crash, it’s natural to be upset and bewildered. How did it happen, who was at fault, and who will pay? A three-vehicle accident can be very complex, with more than one party potentially responsible. Navigating critical issues such as fault and fair compensation for injuries is best left to a skilled auto accident attorney. Your attorney will investigate the accident, determine fault, and, if you’re entitled, will maximize your compensation for injuries.
Learn all about three-car accidents below, then speak to a car accident attorney in a free consultation.
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The At-Fault Party Pays In Most 3-Car Accidents
Most states decide who pays for car accident damages on a fault basis. These are known as ‘fault states.’ Once it is determined who caused the car accident, that driver’s auto insurance usually pays the damages of the other drivers and passengers. Most auto accident compensation is paid by auto insurance, but sometimes, drivers may have to pay out of pocket if their insurance doesn’t cover all damages.
Other states are called ‘no-fault states.’ In these states, each driver carries a certain amount of no-fault insurance that covers initial medical bills and lost income from the accident. If the accident is more serious, there are criteria to step outside the no-fault system and file a lawsuit against the liable driver. Your attorney will review the case to determine if it would be possible to file a claim on the driver in a no-fault state.
How Do 3-Car Accidents Happen?
The Bureau of Labor Statistics states that 13 auto accidents occur every minute in the US. Most of these auto accidents are one-car crashes or involve two cars. However, some accidents involve three vehicles or more.
In many cases, a third car gets involved in the accident after the first two vehicles hit each other. The initial accident may cause a loss of control or deceleration in the path of another vehicle, resulting in another crash involving one or more additional cars. In other accidents, one vehicle rear-ends another, causing the front car to rear-end another.
Other common causes of three-car accidents are:
- Speeding
- Distracted driving, such as texting with a cell phone or checking emails
- Not slowing down when entering a construction zone
- Changing lanes improperly, such as a driver cutting off another driver
- Not using turn signals when making lane changes
- Brakes that don’t work properly or defective brake lights
Each driver in the accident may have property damage and injuries, and each will want compensation for their losses. The rule for three-car crashes is the same as other motor vehicle accidents. The driver who violated their duty of care will need to pay for the losses of the others involved in the accident. However, the fault is only sometimes as easy to determine as one might think.
Three-car accidents usually require the assistance of an auto accident attorney to determine fault and liability to maximize your compensation. Injured drivers who negotiate their own settlement usually end up with less money than with an attorney. They may unpleasantly discover they are blamed for the accident when they were sure they weren’t at fault.
Drivers Have A Duty Of Care To Maintain A Safe Following Distance
In most three-car accidents, one or more drivers violated their duty of care to drive safely and obey traffic laws. All drivers on public roads in the US have a duty of care to maintain a safe following distance from the car in front. One never knows when traffic will slow down or stop or when a hazard will suddenly appear on the road. If the rear driver is following too closely, they may be unable to stop to avoid a crash.
In bad weather, drivers are more responsible for maintaining a safe distance. Drivers need more distance to come to a stop in rain, snow, sleet, or hail. If there is fog, drivers also should slow down and maintain longer following distances.
Your auto accident attorney will investigate your three-car accident to pinpoint who violated their duty of care and caused the crash. Then, they will assess the extent of your medical bills, future medical needs, lost income, and future loss of income, as well as pain and suffering. Finally, your attorney will send a demand letter to the liable insurance company and start settlement negotiations.
Different Kinds Of 3-Car Rear-End Accidents
The following are common scenarios in three-car accidents:
- The rear car doesn’t slow down and hits the car in front of it, which causes that car to hit the car in front of it.
- The rear car rear-ends the car in front of it, and the car behind cannot stop in time to avoid a crash.
- A car veers out of control and causes several cars to hit each other.
The same rules apply to all auto accidents and three-car collisions. The insurance company must determine who was at fault to determine which policy will pay. Liability depends on the details of the crash:
- If an auto accident happened because the rear car hit the second car, which was then pushed into the front car, the third driver is probably at fault for the accident and for the damages to the other drivers.
- If an auto accident happened because the second car hit the first car, then a third car hit the second, the second is probably to blame. However, the insurance company may attempt to place some blame on the third car.
- If two or more cars were in a crash because of a reckless third car, the reckless driver should have to pay all of the damages.
- If a multi-car pileup happens because one driver didn’t stop in time and hit the car in front, they should have to pay for the accident damages.
The rear car isn’t always at fault in a multi-car pileup, but it can be. It’s vital for you to have a car accident attorney in this situation because you don’t want to be wrongfully blamed for the accident. Each insurance company is incentivized to avoid blame, and your attorney will ensure you aren’t blamed when you shouldn’t be.
What About A 3-Car Crash In A Head-On Collision?
Head-on collisions are less common than other accidents but usually severe or deadly. In most head-on crashes with two or more drivers, the liable party is the one who crosses into oncoming traffic first. For example, if a tired driver drifts into oncoming traffic on a two-lane road and hits two other cars, they will be found at fault.
However, there are head-on crashes where the person who crossed into oncoming traffic isn’t at fault. They might have been side-swiped by another car going in the same direction, which caused them to veer into oncoming traffic lanes.
3-Car Crashes At An Intersection
Many three-car accidents happen in intersections for the following reasons:
Left Turns
Left-turn crashes happen when a driver turns left but doesn’t wait enough for traffic to pass. It can cause a T-bone crash, which may cause other cars to get involved.
Liability in a left turn crash in an intersection depends on whether the driver making the turn had the right of way. If they didn’t, they would be liable for the accident. But if they had the right of way, the driver who struck them can be responsible. Some accidents in intersections involve a left-turning driver who didn’t have the right of way, but the oncoming driver was speeding. So, the fault can be shared between two drivers, who must split the damages for the third driver in the accident.
Red Light Or Stop Sign Ignored
Many three-car intersection crashes happen when drivers ignore a red light or stop sign. The person who ran the light or sign will always be blamed. Unfortunately, a car flying through an intersection, ignoring a red light, may hit several vehicles. If the third vehicle is you, the at-fault driver or drivers must pay for your medical bills, lost earnings, pain and suffering, etc.
Lane Change Accidents
Improper lane changes also cause many three-car accidents, and fault depends on the case details. For instance, if two cars go the same direction and one changes lanes into the other, causing that driver to hit a third car, the driver who improperly changed lanes is at fault. However, more than one driver can be to blame for a three-car lane change accident if another party was distracted or fatigued.
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How A Car Accident Lawyer Proves Fault In A 3-Car Crash
As we have seen, three-car accidents are often complicated, and proving fault may be challenging. Each insurance company or jury will need to do plenty of work to decide who caused the accident, and each driver will probably have a different story, too.
Remember that even if you are sure another driver was at fault, most people will say anything to avoid taking blame in a severe accident. Some people will lie so they don’t have to pay. You need someone to help tell your side of the story. Your auto accident lawyer will gather critical evidence to prove who was at fault. You need something more than your word to avoid being wrongfully blamed for the accident. Important evidence to prove fault in a three-car accident are:
- Eyewitness testimony from people who saw the accident. It helps your case if a witness says you didn’t cause the crash and that someone else did.
- Pictures and videos of the accident and accident scene. Video of the accident can be available from dash cams or surveillance cameras to prove liability. If not, try to take photos and videos after the accident of vehicle positions and damages.
- The police report states what the police officer saw at the scene. Although it isn’t admissible in court, it can still be useful evidence.
- EDR data, which may be available on newer vehicles. Electronic data recorders may tell investigators important clues about when seat belts activated, airbags deployed, driver inputs, and vehicle system status.
- Testimony from accident reconstruction specialists that your attorney hires.
- Paint transfer analysis. Paint may be transferred when one car hits another. This evidence is especially useful if drivers suffered severe or fatal injuries and cannot tell the police what happened.
Witness Testimony May Be Crucial To Prove Fault
In most auto accidents, eyewitness testimony from a third party with no financial interest in the outcome is highly persuasive. This is one reason you should retain a car accident attorney as soon as possible after the crash. Your attorney needs to track eyewitnesses and get their version of events before memories fade, or finding them is impossible.
Don’t Assume The Other Driver Will Be Blamed
It’s understandable if you are sure that another driver hit you, so you think you don’t need a car accident attorney. However, you might be surprised at how often drivers get blamed for a crash when they thought they were innocent. You might have been rear-ended in traffic, but the insurance company still can try to blame you for hitting the vehicle in front of you.
Always contact a car accident attorney to assess the accident and who should be blamed. It doesn’t cost you to talk to a personal injury attorney for a case review, and you don’t have to pay legal fees until the end of the case. Three-car accidents are notoriously complicated, and proving fault without an attorney is risky. Your attorney will also properly value your injuries, lost income, and mental and physical suffering to ensure the most compensation for your recovery.
Talk To A Car Accident Lawyer Today
You shouldn’t try to prove fault in a three-car accident with injuries. It’s likely that the other drivers will have an attorney and will try to blame you if they can. It’s often easier to blame someone who doesn’t have a car accident attorney advocating for them. Ensure you retain a personal injury lawyer immediately after the three-car accident to represent your interests. You don’t pay out-of-pocket for your attorney’s services, and the consultation is free.