Understanding Fault and Compensation After a Multi-Vehicle Collision
You’ve been injured in a multi-car accident in the Dallas-Fort Worth Metroplex. Like most states, Texas has not adopted a “no-fault” approach to auto insurance, which means that you must look to the at-fault party’s insurer to get compensation for your losses. How does that work when there are multiple parties involved in the crash and more than one party is potentially responsible for causing your losses?
Who Is Responsible for Damages in a Multi-Car Crash in Texas?
In most motor vehicle accident claims, liability is based on negligence. You may bring a lawsuit against any party whose negligence caused you to suffer losses.
To establish negligence, you must show that the defendant (the person from whom you seek compensation) failed to act as a reasonable person would. Examples of negligence include failing to comply with traffic laws, failing to properly maintain a vehicle and keep it safe, or failing to take adverse weather conditions into consideration while driving.
Once you demonstrate that the defendant failed to act reasonably, you must prove that such failure caused the accident. To do so, you must first show what is commonly referred to as “but-for” causation, i.e., that the accident would not have occurred “but for” the defendant’s failure to act reasonably. In addition, you must show that the accident and your losses were “reasonably foreseeable” as a consequence of the defendant’s failure to act reasonably.
Finally, you must demonstrate that you have suffered “actual loss” because of the accident and/or injuries. For example, if your losses are fully covered by insurance, then you have suffered no actual loss.
How Is Liability Determined in a Multi-Car Accident?
Ultimately, the jury will determine the extent to which each defendant is responsible for causing the accident. Texas applies the legal principle of comparative negligence to personal injury claims, including multi-car accidents. The jury typically determines the full amount of the injured party’s losses and establishes the degree to which each party is responsible for causing the crash. The damage award is then allocated to each defendant according to each defendant’s percentage of fault.
For example, suppose there were two parties who caused your accident, and the jury finds that the total amount of your losses is $1 million. The jury further finds one defendant 75% responsible and the other defendant 25% liable. The first party will be assessed $750,000 in damages and the other party must pay $250,000.
The principle of comparative negligence also applies if you were partially responsible for causing a multi-car accident, which means that you, too, can be assigned a percentage of fault. If that happens, then any award will be reduced by your percentage of fault. In the example above, if you are found to be 20% at fault, then your award will be only $800,000 total (split 75%/25% by the two defendants). Because Texas follows the legal principle of modified comparative negligence, you can only recover damages only if you are less than 51% responsible for causing the crash.
Contact the Proven Personal Injury Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have spent decades fighting for the rights of personal injury victims in Texas and nationwide, including people hurt in multi-car pileups. We have a thorough understanding of the personal injury laws in Texas, and we know how to help you pursue full and fair compensation for your losses.
We offer a free initial consultation to anyone who has suffered any type of injury in Dallas because of the negligence of another person. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
