Philadelphia Accident Attorney Explains How Fault is Determined in Accidents with More Than Two Vehicles Involved
PHILADELPHIA, PA / ACCESSWIRE / October 5, 2017 / Philadelphia car accident lawyer Rand Spear understands that determining fault in a car accident is one of the most important elements of any car accident claim. The person (or persons) who is found to be at fault is the person whose negligence caused the wreck and he or she is typically the one who must pay damages to others involved in the accident.
When an accident involves one or two vehicles, it's not usually too difficult to determine who is at fault. However, when there are multiple vehicles involved - a pile-up or chain reaction collision - it isn't always as clear who is to blame. Sometimes, the fault in multiple vehicle accidents is shared between two or more people. When that happens, the percentages of relative fault of the involved drivers must be determined.
What is Comparative Negligence in a Multi-Vehicle Accident?
In order to determine how much each driver is at fault in a multiple vehicle crash, most states use some proportional form of comparative negligence that will allow injured parties to be compensated for their injuries - even if they were partially at fault themselves. There are three variations that different states use: pure comparative fault; proportional comparative fault at 51%; and proportional comparative fault at 50%.
- Pure Comparative Fault - If an injured party is partially at fault for the accident, his or her damages are reduced by the percentage of his or her fault.
- Proportional Comparative Fault at 51% – Individuals cannot file a liability claim if they are more than 51% at fault for the accident.
- Proportional Comparative Fault at 50% – Individuals cannot file a liability claim if they are 50% or more at fault for the accident.
Pennsylvania and New Jersey use the 51% rule for comparative negligence.
How is the Percentage of Fault Determined?
After a multi-vehicle accident occurs, it is the responsibility of the insurance company's claims adjuster to determine the relative amounts of fault based on the circumstances of the accident. There isn't a special formula that the adjuster uses, it is typically a matter of negotiation between the injured person and the adjuster until agreed upon amounts are reached.
It is a good idea to enlist the help of an accident attorney to help with the negotiations. He or she will be more knowledgeable and will advocate for the injured party to receive the lowest percentage of fault. If amounts cannot be agreed upon after negotiations, the case may have to be taken to trial.
Contact a Philadelphia Accident Attorney Today
If you or a loved one has suffered injuries caused by a multiple vehicle accident, contact Philadelphia and New Jersey car accident attorney Rand Spear today at 877-GET-RAND.
Follow Attorney Rand Spear on Facebook for more information.
SOURCE: Rand Spear via Submit Press Release 123