Are you responsible for damages in a pile-up accident?
6-Vehicle Accident in San Marcos Involves 3 18-Wheelers on I-35
According to a KXAN News report, a 6-vehicle accident resulted in minor injuries on I-35 in San Marcos last week.
Police reported the accident happened at around 6:30 a.m. on August 7th, on I-35 in San Marcos near exit 208 (Carlson Circle). A passenger vehicle was reportedly rear-ended by an 18-wheeler after suddenly braking in front of it. This caused another 18-wheeler behind the first one to brake and swerve, and it was then hit from behind by another 18-wheeler. Two other passenger vehicles were unable to avoid the collision. Police reported only two people were taken to the hospital with minor injuries, but they did not say which vehicles they were in. The investigation is ongoing.
Did You Know?
There were 5 accidents in Texas involving 6 or more vehicles in 2023.
Who’s At Fault in Multi-Vehicle Accidents in Texas?
You probably already know that the person who caused the accident is responsible for paying the costs associated. However, what happens if you rear-end someone in a pile-up or get caught up in a chain-reaction accident? You may have technically caused injuries, but are you to blame?
Multi-vehicle crashes that involve 3 or more vehicles can cause serious injuries but leave determining fault tricky. Let’s take a look at the legal principles of car accident liability to answer this question.
How Fault is Determined in Multi-Vehicle Accidents
Each person involved in a car accident could share fault. To establish fault, you must determine the negligence of each party involved. Negligence is proven by establishing 4 facts:
- The person(s) owed a duty of care (all drivers owe a duty of care to obey traffic laws and prioritize the safety of others),
- The person(s) broke that duty (speeding, distracted driving, ignoring traffic signals, etc.),
- That breach of duty caused the accident,
- The accident caused property damage and injuries.
Liability often lies with the driver who caused the initial collision. However, any party that acted negligently could also bear fault in the accident.
Additionally, Texas follows a comparative fault rule, which splits liability based on a percentage amount of how much each driver contributed to the accident (if they did at all). To sum it up, if a driver could have avoided the accident by driving in a safe, reasonable way, they were likely negligent. If they could not have reasonably avoided the accident, they are likely not negligent. If they are more than 50% responsible for the accident, they can’t claim any damages.
Example:
Driver A suddenly braked and was rear-ended by Driver B. This caused a chain reaction involving 4 vehicles that couldn’t avoid the crash.
Later, it was determined that Driver B was tailgating and could’ve avoided the accident if they had been driving safely. Therefore, the court determines that Driver A bears 60% of the responsibility for the crash and Driver B 40%. In this case, Driver A can collect no damages from the accident, and Driver B can collect the amount reduced by the 40% they were responsible for. The other two drivers can collect damages from Driver A with no reductions.
Injured in a Multi-Vehicle Crash That Wasn’t Your Fault? Call Shaw.
If you were hurt in an accident that wasn’t your fault, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Surgeries,
- Medical Bills,
- Pain and Suffering,
- Lost Work,
- And More.
We’ll help you find out if you have a case for free.
Call Shaw at 800-862-1260 to set your appointment with one of our experienced auto accident attorneys. We’re a trusted name in personal injury law because we put our clients first. We look forward to serving you.
Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.