3 Common Problems with Multi-Car Accident Claims in Illinois

 Posted on July 11, 2023 in Car Accidents

The confusion caused by a multi-car accident makes it difficult for those involved to determine who is liable to pay the compensation. As an at-fault state, Illinois courts order the person responsible for the crash to pay for the damages sustained during the accident. Determining fault in these incidents can be tricky. Therefore, it is important to be aware of the problems you may face before filing a car accident lawsuit. 

Difficulty in Determining Fault 

Once you file a personal injury lawsuit, the court will thoroughly investigate which driver is at fault. This can be difficult to prove when more than one driver was responsible for the collision. 

For instance, rear-end collisions occur when one car collides with the rear end of another car. The abrupt stop can result in a pileup if the drivers behind them are speeding or do not have time to stop their vehicle, leading to a multi-car crash. 

 Here the person who crashed into the first car and the drivers behind them can be considered at fault depending on the road condition, the way each person drove the car, and the road conditions. 

On the other hand, one driver is usually held accountable for head-on or side-impact collisions at intersections. These incidents occur when a driver fails to stop at a red light or slows down at a stop sign. 

If only one person is held responsible for the multi-car collision, they must pay compensation for everyone who sustained an injury or vehicular damage. 

Understanding Comparative Negligence 

If more than one driver is held responsible for the collision, the court uses comparative negligence to evaluate how much each driver will pay for compensation.  

In these cases, the court divides the percentage of blame if the involved parties could have done something to avoid the crash. For example, drunk drivers, reckless drivers, and those texting while driving can be held responsible for a multi-car pileup if lawyers or insurance adjusters prove that these drivers had time to hit the brakes or steer their cars toward safety. 

The court uses traffic cameras, witness testimonies, and police reports to assess how much each liable party will pay to cover injured parties. 

Navigating Inconsistent Witness Testimonies  

Witness testimonies may vary in multi-car collisions. Narratives may change depending on where the witness stood during the crash or their bias toward involved parties. 

Also, the longer you wait to file charges, the harder it becomes for law enforcement to find witnesses who can truthfully narrate what happened on the day of the incident. 

It is advised that victims in a multi-car crash should call local law enforcement immediately. The police will then collect contact information from the bystanders and interrogate them about the collision in real-time. This makes it easier for lawyers to corroborate stories when witnesses appear in court to testify for a car accident lawsuit. 

Contact a Lake County Car Accident Attorney

The complexities involved in multi-car accident claims can make it challenging for victims and their families to seek compensation for sustained injuries and vehicular damages.  An attorney can guide you through the process by handling negotiations and collecting relevant evidence to support your claims.  If you need legal advice, contact  Lake County car accident lawyers from Salvi & Maher LLP at 847-662-3303 to book a consultation. 

Sources:

https://www.forbes.com/advisor/legal/personal-injury/multi-car-accident/

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116