Determining fault after a two-car accident can be complicated enough. When a crash involves three or more vehicles, the question of who’s responsible, and for how much, becomes considerably more layered. Our experienced Johnstown injury attorneys at Silverman, Tokarsky & Forman, L.L.C., are prepared to help you sort through the details of your multi-vehicle accident claim.
More Than One Driver Can Share the Blame
In a multi-vehicle accident, it’s common for more than one driver to bear some degree of responsibility. A chain-reaction collision on a highway, for example, might involve a driver who was following too closely, another who braked suddenly without reason, and a third who was distracted at the moment of impact. Untangling these overlapping causes requires a careful investigation into the sequence of events, since the order in which the vehicles collided can significantly affect how fault is ultimately assigned.
Pennsylvania’s Approach to Shared Fault
Pennsylvania follows a modified comparative negligence rule. This means that if you’re found partially at fault for the accident, your compensation is reduced by your percentage of fault. If you’re found to be 51 percent or more at fault, however, you’re barred from recovering compensation altogether. In a multi-vehicle accident, your attorney’s job includes making sure that fault is fairly and accurately distributed among every responsible party, since even a small increase in your assigned percentage of fault can meaningfully reduce your recovery.
How Liability Gets Divided Among Multiple Defendants
Under Pennsylvania’s Fair Share Act, each defendant found responsible for an accident is generally only liable for their proportionate share of the damages. If one driver is found to be 30 percent at fault and another is found to be 70 percent at fault, each is typically responsible for paying that percentage of your total damages, rather than either one being on the hook for the whole amount.
There’s an important exception, however. If a single defendant is found to be 60 percent or more at fault for the accident, that defendant can be held jointly and severally liable, meaning you may be able to recover the full judgment from that one party, who would then need to seek reimbursement from the other at-fault parties on their own. This exception matters a great deal in cases where one driver caused the bulk of the harm but doesn’t have sufficient insurance to cover it alone.
Evidence Becomes Even More Important
Because a multi-vehicle accident often comes down to competing accounts of what happened and in what order, strong evidence is essential. Police reports, traffic camera footage, vehicle damage patterns, and witness statements can all help reconstruct the sequence of events and support an accurate allocation of fault. An accident reconstruction expert may also be necessary in more complex cases.
Insurance Companies Have Their Own Incentives
With multiple insurance companies involved, each one has a financial incentive to minimize its own policyholder’s share of fault. This can create a difficult situation for an injured person caught in the middle, especially if the insurers can’t agree among themselves about how fault should be divided.
Our Experienced Johnstown Car Accident Attorneys Are Here to Help
Multi-vehicle accidents require a thorough investigation and a firm understanding of how Pennsylvania law allocates fault among multiple parties. Our dedicated Johnstown car accident attorneys at Silverman, Tokarsky & Forman, L.L.C., are ready to help you pursue the full compensation you deserve. Contact us online or call 814-536-8600 today.
