The Complications of a Multi-Vehicle Collision

No one plans on experiencing an auto collision during their daily activities. However, this is a reality for tens of thousands of U.S. citizens every day. In Delaware, personal injury law can be quite complex — especially when there’s more than one liable party. That’s why it’s critical to understand liability in Delaware multi-vehicle accidents.

Unfortunately, this can be a difficult task. Assigning liability is already challenging, so estimating appropriate fault levels for multiple parties is even more complex. Difficulties also frequently arise when injury victims have to go after more than one person to recover damages. Luckily, a bit of knowledge and legal assistance can go a long way.

Delaware Has a Fault Based System

Perhaps the most important thing to understand about liability in Delaware multi-vehicle accidents is that our state has a fault-based system. Many people assume securing financial compensation after a Delaware car crash will be easy because Delaware is known as a “no fault” state. But that only means that your own auto insurance is supposed to pay for your medical bills and lost wages after an automobile collision. It does not automatically entitle you to compensation from the at-fault driver or the at-fault driver’s insurance company. Rather, to get compensated properly after a Delaware car accident, it will be necessary to establish fault.

This can have positive and negative connotations, but when there are multiple at-fault parties, the benefits certainly outweigh the disadvantages. Under a fault-based system, it can be difficult to recover damages if the at-fault driver has no insurance or insufficient coverage. This is less of an issue when there are multiple parties that can be targeted.

Understanding Comparative Negligence in Delaware

Understanding liability in multi-vehicle accidents in Delaware also requires some knowledge of comparative negligence. Under this rule, each party’s liability is proportionate to their level of fault. For instance, if two other motorists are both equally to blame for an accident, each will be responsible for 50% of the damages.

However, it’s important to recognize that this also applies to any fault on the part of the injured party. Imagine a situation where a jury decides an injury victim is 20% at fault for their accident due to speeding. In such a situation, the total financial responsibility of the other at-fault drivers would be reduced by 20% after the judgment.

In Delaware, an injury victim who is found to be more than 50% at fault for their own injuries will not be able to collect damages. This is why it’s so important to seek legal assistance. Insurers will pay out as little as possible, so they may ask leading questions to elicit an admission of fault on your behalf. Put simply, speak to an attorney before speaking with insurance companies.

Joint and Several Liability

Under the comparative negligence rule, the at-fault parties in a multi-vehicle collision will typically be financially responsible for their own level of fault. However, what happens if one liable party doesn’t have insurance or is otherwise unable to pay? In these situations, Delaware’s joint and several liability rules come into play.

This means that any single negligent party can be held financially accountable for all damages an injury victim faces. Because of this, injury victims and their attorneys will often target the at-fault party with the most resources. That party can then target the others to recover their part of the liability, but the injury victim can be made whole from the start.

Investigating the Accident

In your mind, it may be clear who is to blame for your accident. Unfortunately for injury victims, the legal system isn’t always based on what seems like common sense. You can bet that the negligent motorists and their insurers will try to pay as little as possible, and this means a thorough investigation is necessary to prove fault.

This isn’t always as straightforward as one might assume. You might think that understanding liability in Delaware multi-vehicle accidents would only require looking at the police report. Unfortunately, these reports sometimes contain inaccurate assumptions. Additionally, the report may not make it clear who is to blame.

In such instances, your attorney may need to bring in accident reconstruction experts. Oftentimes, this requires no upfront cost on your part. Usually, when an accident reconstruction must be performed for litigation purposes, the law firm advances the cost subject to repayment from the settlement or award. An investigation is critical, so make sure you have an experienced legal professional on your side.

Settlement Negotiations vs. Litigation

The most important steps for determining fault in multi-vehicle collisions involve settlement negotiations and litigation. The majority of personal injury claims are resolved via settlement, but litigation becomes more likely when multiple negligent parties are involved. Still, the same facts will need to be established in either situation.

During litigation, you’ll need to show that the other parties’ wrongful acts directly led to your injuries and losses. While such evidentiary burdens are not present in settlement negotiations, you’ll still typically need to convince insurance companies that you would prevail in court. This will be a driving motivator for a fair settlement.

Allowing an experienced personal injury attorney to handle these negotiations is ideal. They know the strategies for securing maximum compensation, and if the insurers of the at-fault parties refuse to properly compensate you, your lawyer can file a civil lawsuit on your behalf.

How to Hold Liable Parties Accountable

Fortunately, most car accidents are minor in nature. However, it’s important to understand your rights when a collision leads to injuries. Unfortunately, this is a common outcome when more than two vehicles are involved. The only thing that makes this worse is the complicated nature of holding multiple liable parties accountable for their negligent actions.

The best way to do this is to start focusing on fair compensation immediately. If you’re able, take pictures and videos of the accident scene. Collect witness information. And if this is something you’re unable to do, make sure you seek medical attention and follow all your doctor’s orders. All of this can prove beneficial to your case.

Contacting an attorney may be the smartest decision you make. A legal professional can represent your best interests during the investigation, settlement negotiations, litigation, and more. At Schwartz & Schwartz, Attorneys at Law, we are dedicated advocates for each of our clients. Contact us at 855-847-8437 to schedule your free case review today.