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Who is at Fault in a Massive Multi-Car Pileup?

Posted on October 25, 2023 in Car Accidents

Fort Bend County personal injury lawyerIn Texas, car accidents are considered fault-based. This typically means that the driver who is responsible for your injuries will be the one footing the bill, or more likely, their insurance company. However, it is not always apparent who is in the wrong when more than two cars are involved in the accident. Piecing together the truth of the matter presents a significant challenge, and an experienced Texas lawyer can help you navigate through it.

Texas At-fault Insurance Laws

The insurance laws in Texas act under the comparative negligence rule, which states that a claimant can demand a defendant provide compensation for sustained injuries in an accident so long as the claimant is less than 51 percent responsible for those injuries. Any claimant who is responsible for 51 percent or more of the damages or injuries will immediately have their claim or lawsuit against other parties blocked.

How is Fault Determined?

Figuring out who is at fault following a two-car accident is easy. The task of determining fault in a multi-car accident becomes increasingly more difficult as more vehicles are added. In general, determining negligence can be tricky without video evidence of who was first in the accident chain.

  • Factors that go into proving fault in multi-vehicle accidents include:
  • Reckless driving
  • Speeding
  • Speeding in poor weather
  • Unsafe lane changes
  • Distracted driving (cell phone, texting, eating)
  • Failing to signal properly
  • Falling asleep behind the wheel
  • Driving under the influence (DUI)
  • Tailgating
  • Driving the wrong way
  • Disobeying traffic signals

A thorough investigation will need to take place to determine who is at fault for your injuries. The entire situation will be complicated and require ample evidence to support your claims. Proving negligence will be the most challenging part of the investigation.

Proving Negligence

Proving negligence requires five specific elements to be met:

  • The at-fault driver had a duty of care
  • The driver breached that duty
  • You sustained injuries due to the breach
  • Proving the at-fault driver knew his actions could cause a breach of duty of care
  • A show of your damages sustained due to the breach and proof they require compensation

It is far easier to establish negligence with proper evidence to support it. Evidence that can be used includes:

  • Your accident’s police report
  • Eyewitness testimony
  • Dashcam footage
  • A reconstruction of the accident by professionals
  • Your account of what happened
  • Records showing that the at-fault driver committed negligent driving (calls, texts, social media posts)

Contact a Fort Bend County, TX Personal Injury Lawyer

Experienced representation is necessary in personal injury cases where the victim is looking to receive compensation. A skilled Katy, TX car wreck attorney like one from The Hatton Law Firm PLLC can help conduct an independent investigation on your behalf. Call our office at 713-840-6344 for a free consultation where we can take a look into your case.



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