Who’s Liable in LA’s Frequent Multi-Car Pileups?

If you live in or around Los Angeles, it’s probably no surprise that our city recently ranked 2nd for having the worst traffic in the nation. Since traffic density is one of the most reliable predictors of traffic collisions, Los Angeles residents and commuters are at an increased risk of being involved in serious accidents, including multi-car crashes and pileups.

In gridlocked traffic, one driver’s mistake can have a ripple effect that impacts multiple vehicles around them. But who should ultimately bear the burden of responsibility in a multi-car crash? Here’s a brief overview of some key liability considerations in multi-car crashes and an explanation of how an experienced, local car accident attorney can help victims of multi-car pileups recover compensation for their accident-related losses.

What causes multi-car pileups?

According to a recent report, the average Los Angeles driver spends about 100 hours a year stuck in traffic. In addition to being inconvenient, high-density traffic is also incredibly risky, as traffic collisions occur more frequently in high-traffic areas. A few factors that contribute to these heightened risks include:

• Speeding
• Following too closely
• Distracted driving
• Impaired driving due to alcohol or drugs
• Unsafe lane changes
• Roadway hazards
• Adverse weather conditions
• Low visibility

In bumper-to-bumper traffic, any of the above factors could cause an accident that triggers a domino effect. Chain reaction crashes can cause multi-car pileups that lead to thousands of dollars worth of property damage, serious injuries, and even death.

Who is liable in a multi-car accident?

Because so many factors can play a role in multi-car pileups, many victims find themselves struggling to determine who should be held accountable. These determinations are made even more complex by California’s comparative negligence system, which allows for multiple parties to share responsibility for a crash.

Even if it seems like one driver was clearly to blame for a chain reaction crash, insurance companies may claim that accident victims contributed in some way to their own injuries. In these cases, victims may have their claims reduced by an amount commensurate with their assessed level of fault.

For example, if a speeding driver collides with and rear-ends another vehicle and that vehicle subsequently rear-ends the vehicle ahead of them, the middle driver may be found comparatively negligent for following too closely. If that driver is subsequently deemed 20% at fault for their injuries, their final damage award would be reduced by 20%.

Notably, California’s comparative negligence rule allows even drivers who bear the majority of the responsibility for a crash to recover some damages. So even if you were 90% responsible for an accident, you may still be entitled to 10% of your assessed damages.

While this system helps protect victims from being left empty-handed for merely playing a small role in a crash, insurance companies and opposing counsel will often attempt to shift blame onto accident victims in order to avoid paying out the full value of a claim. An experienced car accident attorney can help clarify questions surrounding comparative fault and push back against erroneous claims of shared responsibility for a crash.

How insurance companies assign blame: Elements of the investigation

Due to the complex nature of multi-car pileups, insurance companies often use thorough investigations to assign fault and calculate damages. Some common elements of an accident investigation include:

Police reports

In California, if anyone is injured or killed, you must report the crash to CHP or to the police department in the city where the accident occurred. Police reports will contain important details about the accident, as well as information about the environment or conditions at the time of the pileup. Keep in mind, however, that police reports are not foolproof forms of evidence and can sometimes convey biases of certain involved parties or eyewitnesses. Additionally, motorists are also required to report all car accidents to the DMV (via an SR-1 Form) that result in personal injury of any severity, death, or property damage of at least $1,000.

Witness statements

When someone is involved in an accident, it’s often difficult for them to stay objective about what happened (and sometimes they might not even know). Subsequently, eyewitness testimony often plays a vital role in clarifying the details of an accident and filling in any gaps in the story. Parties involved in multi-car accidents should always make a point to exchange contact information with anyone who might have witnessed the crash so insurance adjusters and law enforcement can get in touch with them during the investigation.

Photographic or video evidence

Immediately after a crash, any involved parties who are physically well and safe enough to do so should always document the scene with photos and/or videos. Photos of vehicle damage, signs of injuries, roadway hazards, weather conditions, and other details can make a major difference in an accident investigation. Dashcam footage and security video from nearby surveillance systems can also be invaluable pieces of evidence for determining fault for a pileup.

Accident reconstruction reports

In serious pileups, attorneys and insurance companies often work with accident reconstruction experts to determine the most likely way a crash would have unfolded. Reconstructionists specialize in using physics, crash dynamics, and documentary evidence from the scene to answer looming questions about an accident and help clarify liability. An accident reconstruction might point clearly to one source of liability or call attention to how multiple parties may have contributed to a crash.

I was involved in a pileup accident. Do I need a lawyer?

Due to the complex nature of multi-car crashes, attempting to resolve questions about liability or recover damages related to your accident-related losses on your own can be extremely challenging. For this reason, it is highly advisable to consult with an experienced car accident attorney as soon as possible after a pileup accident to ensure your rights are protected.

A trusted car accident lawyer in Los Angeles can help fight for your best interests by:

• Conducting a thorough investigation
• Gathering and preserving vital evidence
• Enlisting the help of qualified accident reconstruction experts
• Communicating with insurance companies or other involved parties
• Defending you against unfounded claims of comparative fault
• Representing you in settlement negotiations, mediation, or in court, if necessary

Because these accidents often involve multiple motorists, insurance companies, and legal professionals, it’s important for you to be as prepared as possible for all conversations, negotiations, and legal proceedings, and that’s exactly what your attorney is there for. They’ll stand with you throughout every step of the process to help you recover compensation for all economic and non-economic damages you might have suffered.

Even if you think you might share some portion of responsibility for a crash, you don’t necessarily have to throw in the towel. A good lawyer will fight to maximize your recovery under California’s comparative negligence laws and ensure you aren’t left empty-handed just because shared liability is in play.

Final thoughts

Multi-car pileups are an unfortunate reality of driving in traffic-laden Los Angeles. Even if you consider yourself to be a safe and careful driver, a single mistake can quickly spiral into a devastating chain reaction that leads to serious questions about accountability and compensation. Since determining liability in these cases is anything but simple, injured parties should always seek guidance from a trusted and experienced legal professional.

The McNicholas & McNicholas team has a combined 100 years of experience fighting for the rights of accident victims and a track record that includes nearly $2 billion of recovered damages. Whether you’re new to navigating the legal system or fear your case has reached a dead-end, McNicholas & McNicholas, LLP is up to the task of helping you move towards the best possible outcome in your case.

Give us a call today or fill out our online contact form to schedule a free consultation with a member of our team, and let’s discuss how our trusted team of local professionals can support you in your fight for compensation.