What happens when multiple vehicles are involved in a car crash? In many cases, a multi-vehicle accident is a chain reaction. One driver rear-ends another driver, pushing that person’s car into a third vehicle, and so on. However, in other cases, multi-vehicle accidents involve multiple drivers, each of whom is not paying attention, and they can also result in a large-scale crash.
In those cases, each of the drivers involved may tell different stories about what happened, and it may be necessary to retain an accident reconstruction specialist to testify as to fault. At the Fine Law Firm, our Albuquerque car accident attorneys assist individuals with pursuing damages after multi-vehicle accidents.
Common Causes of Chain Reaction Accients in New Mexico
Chain reaction collisions can occur when a driver does not pay attention to the road, follows another driver too closely or violates a New Mexico traffic law. These are all examples of negligence. In car accident law, “negligence” is the failure to use proper care.
Acts of negligence that are often behind serious pileups and chain-reaction collisions include:
- Distracted driving
- Texting while driving
- Tailgating (following too closely)
- Speeding
- Losing vehicle control
- Driving under the influence
- Drowsy driving
- Running red lights or stop signs
- Failing to yield the right-of-way
- Making unsafe lane changes on a highway
- Aggressive driving or road rage
In a chain reaction crash specifically, a lack of driver attention, speeding and tailgating are common, as they cause rear-end collisions. When one car rear-ends another, it can send the second car into a third vehicle and so on. In this example, the driver responsible for the first rear-end accident would be held liable for all subsequent collisions.
Establishing the Liability of Negligent Drivers
In order to establish negligence against a driver in a multi-vehicle accident, you will need to prove certain elements by a preponderance of the evidence. These are the driver’s duty of care, the driver’s act or omission that breached the duty, actual and proximate causation, and actual damages.
The first element, duty, can usually be established easily because all drivers in New Mexico are required to use reasonable care to avoid injury to others on the road. However, breach of duty and causation can be more subtle, and in a multi-vehicle accident, it may be necessary to retain an expert to testify as to what actually happened to cause your injuries.
Multi-Vehicle Accidents and Comparative Negligence
New Mexico follows the rule of pure comparative negligence. This means that in a multi-vehicle accident, the jury will assess the total amount of damages and then assign a percentage of responsibility to each party alleged to be at fault. A plaintiff’s ability to recover will be reduced by his or her percentage of fault.
For example, in a car accident case, the jury may find that a certain driver’s total damages are $100,000. If it finds that this person was 30 percent at fault for causing the collision, he or she still may recover up to 70 percent of his or her costs and losses from another driver who held the remaining responsibility for the accident.
Joint and Several Liability Laws
Except in limited circumstances that are unlikely to apply to a car accident, the doctrine of joint and several liability has been abolished in New Mexico. Under this doctrine, theoretically, one victim would be able to recover all of his or her damages from one defendant, even if several defendants were jointly responsible for causing the harm. However, New Mexico follows the rule of several liability, in which each defendant is responsible for damages only up to his or her percentage of fault.
Common Injuries in Multi-Vehicle Accidents
Multi-vehicle accidents can be catastrophic in New Mexico. The injured may include numerous drivers and vehicle passengers, as well as the possibility of vulnerable bicyclists and pedestrians being caught up in the crash. The injuries suffered will depend on the nature of the crash, such as the speed of the collision and the force of the impact.
Typical injuries include:
- Head and skull injuries
- Traumatic brain injuries
- Spinal cord injuries
- Crush injuries
- Whiplash and soft-tissue injuries
- Internal injuries or bleeding
- Broken bones
- Burns or lacerations
- Amputation injuries
It is important for anyone involved in a multi-vehicle or chain reaction crash in New Mexico to get immediate medical care. Seeing a doctor without delay can improve your prognosis for making a physical recovery. It also shows a clear connection between the motor vehicle accident and your injuries for insurance purposes.
What Damages Can You Recover After a Multi-Vehicle Accident?
The types of damages, or financial compensation, you could recover after a multi-vehicle accident in New Mexico depend on the circumstances. Settlement values change according to the specific facts of each case. For this reason, it is recommended that you consult with an attorney for an accurate value of your injury claim before settling.
Available damages may include:
- Economic (special) damages: compensation to reimburse you for the monetary losses caused by the car crash, such as your hospital bills, ongoing medical needs, lost wages and property damage.
- Non-economic (general) damages: a financial award that pays you for the non-monetary effects of the multi-vehicle accident, such as your physical pain, suffering, emotional distress and mental trauma.
- Punitive (exemplary) damages: an additional amount sometimes awarded to punish a defendant for especially wrongful acts and deter other wrongdoers in the future.
A lawyer from The Fine Law Firm can evaluate your car accident case to identify all of the ways the crash has and will likely continue to impact your life. This will give us an accurate idea of how much your claim is worth. Then, we will craft a personalized legal strategy to seek maximum compensation for past and future losses. We will search for all sources of insurance coverage.
Consult an Albuquerque Attorney to Discuss Your Multi-Vehicle Accident Case
In many multi-vehicle accidents, numerous drivers and passengers have injuries, and it may be hard to figure out what the truth is from witnesses’ competing accounts of what happened.
It is important to consult your own experienced personal injury attorney in Albuquerque before talking to representatives of other drivers’ insurance companies, so that what you say will not be twisted to prevent you from recovering the full compensation you need.
If you were hurt in a car accident, you can contact us online or by calling us at (505) 243-4541 to set up a free consultation. Our attorneys also represent residents of Rio Rancho and other communities in New Mexico.