Texas Car Accidents: Who Pays for a Multi-Car Wreck?
It can be easy to identify who owes who when accidents involve just two drivers. What happens if there is a multi-vehicle collision?
It can be challenging to pinpoint who is at fault when multiple vehicles collide in these accidents. When multiple parties are involved, it can be challenging to determine who is at fault. This often leads to a complicated web of insurance companies trying to escape liability.
To determine fault and receive fair compensation, you will most likely need the assistance of a Texas car accident lawyer. We’ll discuss the laws and obstacles that may arise after a multi-vehicle collision.
Texas Car Accident Laws
Texas is considered an at-fault country. This means that if someone causes an accident that results in injuries or property damage, they (or their insurer) are responsible for paying you.
Multi-car collisions allow more than one driver the chance to share the blame. Texas has a modified comparative fault rule. The modified comparative fault rule reduces the plaintiff’s damages award by a percentage equaling their share of fault.
Let’s take, for example, a $10,000 claim for injuries. A jury determines that you are 40% at fault for hitting your brakes too hard and leaving no time for other people to react. You would receive only $6,000 for your injuries in that case.
Important note: Texas is a state with modified comparative fault, meaning that if Texas finds you to be at fault for the crash, you won’t receive any compensation.
How do you prove fault in a multi-vehicle accident?
It is often a matter of determining who was negligent (or “negligent”) in a traffic accident. The following are common acts of negligence:
- Speeding or driving recklessly
- Texting while driving
- Do not follow too closely
- making unsafe lane changes
- Driving while under the influence;
- Falling asleep behind the wheel
Most cases are straightforward in determining who was at fault and what caused it. But, it is more difficult to determine liability when multiple vehicles are involved.
You will need to identify the events that led to an accident involving multiple vehicles. If more than one driver was responsible, you could determine the driver’s part of the liability.
Let’s take a look at the following example:
Driver C > driver B > driver A
Let’s suppose Driver C is asleep at the wheel and rear-ends Driver B. Driver B would then be pushed into Driver A. In such a scenario, Driver C would be deemed liable, and their insurance company would have to compensate Driver A and Driver B.
It is usually the driver driving the third vehicle that is at fault. You would then file a claim against the car insurance company. There are also other situations where drivers could be held responsible.
Let’s look again at the chain reaction collision example:
Driver C > driver B > driver A
Let’s suppose Driver B followed too closely and rear-ended Driver C. Driver B suddenly stopped and did not give Driver C enough time to react. This caused Driver C and Driver A to collide. Driver B could be held responsible in this instance.
If multiple drivers are involved in an accident, other drivers’ insurance companies will likely claim that they don’t owe as much to you as you ask. Or worse, attempt to impose blame on you. An experienced Texas car accident lawyer is the best option in these situations. An attorney can help you get the compensation you are entitled to by getting to the bottom of the matter.
What to do after a multi-car accident
It can be challenging to determine the cause of a chain reaction collision. This is especially true when dealing with adrenaline and confusion after an accident. You can take steps to establish the sequence of events and who was negligent. These are:
- Collect eyewitness accounts and contact information. This information can be shared with passers-by and the drivers behind you.
- Photograph and video the scene. Please take pictures of all cars involved, their damage, and any debris.
- Get police reports related to the accident. This crucial evidence will help you determine who committed a traffic violation.
You don’t want your case to be won by one party when multiple people try to prove their fault. An experienced Texas car accident lawyer has the resources to help determine the cause of the accident and assign the blame accordingly. An experienced accident attorney will be able to bring in an expert to help reconstruct the accident. They can also ensure that the police do not miss any details.
Are you involved in a multi-vehicle collision? The Texas Car Accident Lawyers at Tim O’Hare can help.
After a multi-car collision, it may not be logical to file your own lawsuit or insurance claim. This is especially true if so many contributing factors and other parties want to avoid liability. Talking to an experienced Texas car accident lawyer is the best way to ensure your right to fair compensation.
Our attorneys will help you collect evidence to prove fault, and we’ll negotiate with insurance companies to ensure you get compensation for your losses. To learn more about your legal rights, contact us today.
What is the Average Settlement for a Slip and Fall Case With a Houston Slip and Fall Attorney?
Slip and fall injuries, as the name suggests, result from slipping, tripping, or falling due to unsafe property conditions such as slippery surfaces and defective stairs.
According to the National Floor Safety Institute, these accidents result in approximately 1 million visits to the emergency department each year. You might receive $30,000 for your injuries based on the average cost of a slip-and-fall at a hospital.
However, compensation is not based only on medical expenses.
Each slip and fall case will be unique, so giving an average settlement amount is problematic. The amount you receive will depend on several factors, such as the circumstances of your fall and the severity or extent of your injury. After reviewing your case, a Houston slip and fall lawyer can give you an accurate estimate of the potential settlement amount.
This article will discuss the main factors when calculating the settlement value for a slip-and-fall case and how to prove your case.
How severe are your injuries?
Slips and falls can lead to injuries like a broken hip, sprained ankles, or brain damage. Compensation will be affected by the severity and amount of your injuries. A sprained ankle, for example, will not require ongoing medical attention as a spine injury.
The amount of medical bills
In slip and fall lawsuit settlements, the amount of medical bills you pay for future and current procedures is a significant determinant. You can quickly accumulate bills for doctor visits and other procedures if you sustain an injury. You might be liable for all medical expenses if a property owner is negligent.
It takes time to set up appointments for the doctor, surgery, or rehabilitation. You can also seek damages if your injury results in your inability to work.
Emotional and physical suffering
When determining the value and viability of your case, noneconomic damages such as pain, suffering, or mental anguish may also be considered. Your slip and fall injuries could cause a lifetime of problems that can negatively impact your mental health and even affect your ability to live a happy life. Although these non-monetary damages can be challenging to quantify, they can profoundly impact your health.
Building your Case
Slip and fall claims are filed to seek compensation for the other party’s negligence in preventing hazards from their property. Three things are required to reach a slip and fall settlement.
The Property’s Safety is the responsibility of the Owner
First, establish who owns the property and provide a level of safety. Publicly accessible property means everyone who enters or exits the property should be safe, from customers and employees to vendors and solicitors. Premises liability law provides limited protection for trespassers.
How the At-Fault Party failed to meet their responsibility
It is the owner’s responsibility to correct any unsafe conditions that are discovered or suspected immediately. You must show how the negligent party caused your injuries by failing to clean up a spillage or repairing a broken sidewalk.
Proving Shared Liability
Property owners will argue that you are partly to blame for your fall. For example, ignoring the path, you were following. Your settlement value might be reduced if you are found to have contributed to the accident.
The difficulty in proving Negligence
As we have already mentioned, a successful lawsuit must show that the plaintiff owed the defendant a standard for safety and that the victim sustained physical injury. The defendant’s negligence caused these injuries.
It is not as easy as you might think to prove negligence. Slip and fall cases are not as quickly proven as car accident lawsuits. Instead of using skid marks, police reports, and video footage to prove liability, slip and fall cases may require more evidence. You might need to rely on your firsthand account. This can lead to a “he said she said” situation.
If they have premises liability insurance, you will likely need to deal with their adjuster. The adjuster’s job is to make the insurance company save money. They will try to find holes in your story and prove their client isn’t responsible for any damages.
A Dallas Slip and Fall Lawyer can help you maximize your claim
Due to the law’s complexity, slip and fall cases in Texas can be challenging to win. You are more likely to receive compensation for your injuries if you work with an experienced Houston slip-and-fall lawyer.
Get a free consultation with our team if you have been injured in a slip and fall accident. Our personal injury lawyers can help you assess the value of your case and gather the necessary evidence to ensure you receive the money and justice you deserve.