Deciding Who Is At Fault in a Three-Way Car Accident in Texas
Getting into a three-way car accident in Texas is complicated, especially since Texas is a modified comparative negligence rule state. This means blame is assigned based on each driver’s level of fault. If you’re unsure who was to blame for the accident or what percentage of blame you carry, you may want to contact a car crash attorney to help you sort out the details and protect your rights. Here is how fault is assigned by insurance companies.
What Is a Chain Reaction Accident?
A three-way accident, also known as a multi-vehicle or chain reaction accident, occurs when three or more vehicles are involved in an accident. The chain reaction is typically set off by an initial accident between two vehicles. These accidents can happen in heavy traffic, on the freeway, at intersections, or in poor weather conditions.
A chain reaction usually begins with an initial collision. One vehicle hits another vehicle, causing a crash. The force from this accident causes the second vehicle to collide with a third. Additional collisions may occur if the third vehicle hits another vehicle, causing a chain reaction.
There are different ways a three-way accident can occur.
Rear-End Collision
The most common type of three-way accident is a rear-end collision. This is when car A stops suddenly. Car B collides into the back of car A, and car C collides into the back of car B.
Some of the reasons rear-end collisions occur are:
- Tailgating
- Distracted driving
- Suddenly breaking
- Slippery road conditions, such as heavy rain or fog
Intersection T-Bone Crash
When car A runs a red light, the driver may get hit from the side by car B. Car A may then spin off-course and collide with car C.
The common causes are:
- Running a red light or stop sign
- Speeding through an intersection
- Reckless driving
Highway or Freeway Pile-Up
Because of high freeway speeds, freeway accidents can quickly turn into three-way car accidents. For instance, car A may suddenly brake due to traffic up ahead, causing car B to slam into car A. Car A may then slam into car C in the adjacent lane.
Some reasons for freeway pile-ups include:
- Speeding and then suddenly braking
- Poor weather conditions, causing poor visibility (heavy rain or fog)
Changing Lanes
This can happen when car A attempts to change lanes, not noticing that car B is in its blind spot. After car A and B collide, car B is pushed into another lane, colliding with car C.
Some reasons for these kinds of collisions include:
- Missing a car in your blind spot
- Not signaling when changing lanes
- Distracted or reckless driving when changing lanes
Multi-Vehicle Sideswipe
Multi-vehicle sideswipes are less common than the accidents above. However, they can occur if car A accidentally veers off into another lane, swiping car B. The impact causes car B to collide with car C in the opposite lane.
Common reasons for a multi-vehicle sideswipe include:
- Driving under the influence
- Drowsy driving
- Distracted driving
Parking Lot Collision
Three-way car accidents can occur even when vehicles are driving at low speeds. For example, if car A pulls out of a parking lot and hits car B driving past, the impact of the crash may cause car B to hit another parked car, car C.
Reasons for parking lot collisions include:
- Limited visibility
- Misjudging distances
- Drivers not yielding to passing cars
How to Determine Who’s At Fault in Texas
Deciding who is at fault in a three-way car accident in Texas isn’t easy, as more than one driver may be responsible. This is why it’s a good idea to hire a car accident lawyer for expert help. However, insurance companies look at factors such as traffic laws and physical evidence. Here’s a breakdown of how they typically determine who’s at fault.
The Type of Collision
Insurance companies will look at the sequence of events to determine who is responsible. Whether it’s a rear-end three-way accident or a freeway pile-up, insurance companies will re-enact the events to see how the accident unfolded.
Traffic Law Violations
The next step is to determine which driver violated the traffic laws.
Common violations may include:
- Running a red light
- Speeding
- Tailgating
- Failing to signal when changing lanes
Police Reports
Officers on the scene will investigate and file a police report. The police report typically contains photos of vehicle damage, witness testimonies, and citations.
Surveillance Footage or Dash Cams
If there is surveillance footage or one of the drivers has a dash cam, insurance companies will review the footage to see what happened.
Vehicle Damage
Vehicle damage can help insurance companies reconstruct an accident by determining which vehicle caused the initial impact.
What Happens If More Than One Person Is Liable?
If more than one person is responsible for a three-way car accident in Texas, the state’s modified comparative negligence rule kicks in. This means fault will be divided based on the percentage of blame. For instance, Texas follows the 51% Bar Rule, and each driver will be assigned a percentage of fault. You can only recover damages from your three-way car accident if you are 50% or less at fault. Alternatively, if you are 51% or more at fault, you won’t be able to seek compensation from the other drivers.
Here’s an example of a three-way car accident in Texas on the 183 N freeway at rush hour.
- Car A was speeding and rear-ended car B.
- The impact of car A colliding into car B caused car B to crash into car C.
- Car B was tailgating
- Car C had non-working brake lights, which contributed to the crash.
The blame may be divvied up as follows:
- Driver A in car A: 50% at fault (speeding and causing the initial crash);
- Driver B in car B: 30% at fault (tailgating)
- Driver C in car C: 20% at fault (non-working brake lights)
Driver B can seek compensation, but the amount will be reduced by 30%. Driver C’s compensation will be reduced by 20%, and Driver A’s compensation will be reduced by 50%.
On the other hand, if car C had fully functioning brake lights and car B wasn’t tailgating, driver A would be 100% at fault, and their insurance would pay for all the damages. Remember that if you are partially at fault, your insurance rates are likely to increase.
To protect yourself after a three-car accident, don’t admit fault at the scene and hire a car accident attorney immediately.
What to Do If You Disagree With the Insurance Company’s Conclusion
If you were in a three-car accident in Texas and your insurance company (or the insurance company of driver B and C) says you were to blame, you don’t have to accept their decision. Insurance companies can make mistakes, and you can challenge their conclusions. Here are important steps you can take if you disagree with the decision.
Review the Explanation Thoroughly
Look at every letter assigning you blame. You should review the evidence again, as well as the police report. Look for missing details, errors, or even misinterpretations of the evidence that may have led the insurance companies to come to this conclusion.
Gather Your Own Evidence
Start to collect any solid proof that will back up your claim that you’re not at fault (or less at fault than the insurance companies claim). Get witness statements, detailed accident scene photos, and damage reports from your mechanic.
Ask for a Re-Evaluation
If you have additional evidence that backs up your argument, you can ask for a re-evaluation. Explain the insurance company’s errors, and remain professional when explaining your case.
Hire a Car Crash Lawyer
A car crash lawyer can contact the other driver’s insurance company with your evidence. They can also file a complaint with the Texas Department of Insurance (TDI) if they believe the claim was handled unfairly. A car crash lawyer can also help you file a lawsuit if you think it’s necessary.
Consider Mediation or Arbitration
You can consider mediation, too. This is where a neutral third party helps all sides reach an agreement. Or you can request arbitration, which is when a third-party arbitrator steps in and makes a final decision.
The Benefits of Having a Car Crash Attorney Handle Your Case
Being in a three-car accident in Texas can be scary. In addition, dealing with the modified comparative negligence rule can be complicated and overwhelming. If you need to focus on your recovery and your job, you may want to think about hiring an auto accident lawyer. An auto accident attorney can bring a wealth of knowledge to your case. Here are some additional benefits.
Protect Your Rights
A car accident attorney will ensure your legal rights are protected throughout the process and that you’re not unfairly blamed for the crash. They will also ensure that you accept a fair settlement.
Handle All Negotiations
Communicating with insurance companies can be stressful. A vehicle accident lawyer will negotiate a fair settlement so you aren’t lowballed. They’ll also handle all negotiations on your behalf. With a lawyer’s knowledge and expertise, you don’t have to worry about buckling under pressure or settling too soon from exhaustion, intimidation, or stress.
Gather Strong Evidence
Many car crash attorneys have a team of assistants working for them. A strong team can be thorough in collecting evidence, police reports, accident scene photos, and witness statements.
Ensure You Get Maximum Compensation
If you don’t have a car crash attorney working on your case, you may receive far less than what you’re entitled to. An attorney can help you get full compensation for current and future medical expenses, lost wages, vehicle repairs, long-term disability, and rehabilitation costs.
Argue Your Case in Court
Most car accident claims in Texas – including three-way car accidents – are settled out of court. However, if the insurance company unfairly blames you and refuses to offer a fair settlement, a car crash lawyer can take your case to trial. And if you win, the court may even award damages beyond what the insurance company would have offered.
You Pay Only If You Win
Many Texas car accident lawyers get paid only if you win. That means there are no upfront fees; they get paid from the final settlement.
Working With a Vehicle Accident Attorney in Texas
Need a vehicle accident lawyer in Texas to work on your case? Contact us today for a free consultation.