When you’re involved in a two-vehicle collision, it’s usually easy to determine who caused the accident. The at-fault party in a car accident is typically responsible for everyone’s damages. But, who is at fault in a 3-car fender bender?
Things can get tricky when a driver rear-ends the car in front and that car in turn hits the car ahead. Who is at fault in this scenario? Determining liability in a three-car fender bender can be complex, as multiple factors may have contributed to the accident.
Usually, the driver of the car who caused the initial rear-end collision is considered liable. In California, a tailgating vehicle is typically presumed liable for a chain reaction collision. After all, police assume, these cars were responsible for maintaining a safe distance from the vehicle in front and of reacting timely to avoid an accident.
However, various situations may involve multiple parties sharing responsibility for damages. At-fault drivers can also face criminal charges depending on the situation. Gaining insight into legal basics around liability in multiple vehicle car accidents gives drivers clarity on risks and steps to help protect themselves.
Other Party Involvement
In some cases, other at-fault parties who weren’t involved in the car accident, but whose actions contributed to the circumstances that caused the crash can also be found liable:
- The employer of the truck driver involved in the accident
- A manufacturer of the defective vehicle part that contributed to the collision
- A government agency may be held responsible if an accident occurred due to lack of proper maintenance or roadway signs.
In situations like these, a car accident attorney can help evaluate all the factors in a multiple car collision. A lawyer can help you identify potentially liable parties and insurance resources in a 3-car fender bender.
Using Comparative Negligence
California, like many other states, uses comparative negligence to determine fault in auto accidents. In comparative negligence, when a car accident occurs, each party’s fault and/or negligence is based on their contributions to the accident. Comparative fault works by dividing up legal responsibility by each person’s proportion of fault. That permits insurance companies to assign blame and pay out auto accident claims accordingly.
If two drivers both break the same traffic laws in an accident, for example, both of their claims may be denied. Factors include how the collision happened, insurance coverage, amount of property damage and any injuries that occurred.
Many car insurance companies use percentages to assign blame between drivers, such as 60/40. For example, you may be 40% at fault because you rear-ended a stopped car, but the driver of the stopped car is 60% at fault for illegally double-parking on a street.
In another scenario, multiple parties may each be 100% liable for the claimant’s monetary damages, but only partially liable for non-monetary damages based on percentages of fault. So, if a crash involves multiple at-fault drivers, a claimant may be able to receive full settlements from more than one insurance company.
Dealing with these multiple issues and circumstances can be daunting for anyone. That’s why it’s important to get help from an experienced, professional car accident lawyer who can help you determine what happened and bring your percentage of fault as low as possible.
Determining Liability
Multi-car collision cases can be complex and involve high dollar amounts as investigators work to identify who is at fault. In California, fault must be determined before filing an insurance claim. Determining liability depends on two legal concepts:
- Duty of care. If a driver is found liable for driving unsafely and for behaving unreasonably while behind the wheel, he or she may also be found liable for the car accident.
- Proximate cause. This is the primary cause of an injury or event, as determined by the law. In other words, it must be proven that a driver’s behavior was the proximate cause of the collision.
Types of Three-Car Collisions
Three-car fender benders typically happen when a rear car hits a car in front of it, which in turn crashes into the car in front of that vehicle. Other multi-car collisions can occur when:
- A vehicle loses control, causing cars behind it to crash into each other
- A middle vehicle hits the car in front and the car behind the middle one can’t stop in time, crashing into it
Which Car is at Fault in a 3-Car Fender Bender?
Although fault determination depends largely on circumstances and evidence, there are some typical guidelines that investigators use:
- Front Car: Typically, not considered at fault unless the vehicle is illegally or unsafely stopped or parked, leading to a collision.
- Middle Car: This vehicle needs to show it took quick measures to avoid hitting the car in front, such as maintaining a safe following distance and efforts to decelerate after getting hit from behind.
- Rear Car: To not be held primarily liable, the last vehicle involved in a three-car collision needs to show evidence, such as the middle car coming to a sudden stop. Other issues such as mechanical brake failure can also help determine distribution of fault.
Here are some common scenarios to consider:
- Chain-Reaction Rear-End Collisions:
- If Car A rear-ends Car B, pushing Car B into Car C, Car A may be found at fault for the entire accident.
- Drivers are expected to maintain a safe following distance to prevent such collisions.
- Middle Car Liability:
- If Car B hits Car C and is then rear-ended by Car A, Car B might be at fault for not stopping in time.
- Car A could also share fault if they were following too closely.
- Shared Fault Among All Drivers:
- If all drivers were driving negligently—for example, by speeding or not paying attention—fault may be distributed among them.
- Comparative negligence laws can come into play, adjusting compensation based on each driver’s percentage of fault.
- Left-Turn or Intersection Accidents:
- If one car was making an improper left turn or failed to yield at an intersection, that driver might be found at fault.
- Traffic signals and signs play a significant role in determining right-of-way.
- Violation of Traffic Laws:
- Any driver violating traffic laws (e.g., running a red light, texting while driving) can be held responsible.
- Evidence of such violations strengthens the case against the offending driver.
Common Causes of Multiple Vehicle Collisions
- Bad weather. Poor weather conditions such as heavy rain, fog or snow can impair a driver’s ability to see, reduce ability to control the vehicle and diminish reaction times in the event of a freeway pile-up.
- Texting while driving. Using a phone while on the road can greatly affect a driver’s focus and ability to drive safely. In fact, many people now compare texting and driving to drinking while driving.
- Driving recklessly. Tailgating, improper lane changes and speeding will only increase the chances of a multi-car accident.
- Driving while sleepy or tired. Getting behind the wheel when you’re drowsy is a serious threat to everyone on the road. One driver dozes off, and the potential for a multiple fender bender can become almost inevitable.
Important Car Accident Evidence
Although these are all must-haves when it comes to helping prove your case in a car accident, they’re especially important if you’re involved in a three-car collision. Since these types of accidents can take longer to assign fault, evidence investigators may use the following to help them reconstruct how the fender bender occurred:
- Pictures of the accident scene
- A police report
- Traffic camera or dashcam footage
- Witness testimony from an objective third party
If you’ve been injured in a multi-vehicle collision, it’s important to seek assistance from an experienced car accident lawyer. A personal injury attorney can help determine who is at fault in a multi-vehicle car accident and help you fight for the financial recovery and compensation you deserve.
Contact a Car Accident Lawyer
If you have been involved in a chain reaction accident, it is advisable to get an experienced car accident attorney. El Dabe Ritter Trial Lawyers have handled many cases in and out of Los Angeles and Orange County. We strive to establish a just and fair action against the at-fault driver so that other parties can be fully compensated for their damages and personal injuries.
Schedule an appointment with your trusted Southern California Accident Attorneys at El Dabe Ritter Trial Lawyers today to learn more about 3-car fender bender accidents and to schedule a free consultation.
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