How Multiple Car Pileups are Treated in Florida
By Peter J. Somera Jr. and Paul M. Silva | Published on August 3, 2011 | 0 Comments
An auto accident with a sole driver can be complicated enough, dealing with all sorts of issues ranging from fault to insurance policies. However, when multiple drivers are involved, this complexity multiplies exponentially depending on the number of motorists. Additionally, the number of claims and the money at stake is raised as well, which makes hiring a Fort Lauderdale auto accident attorney essential if you are a Florida resident who is in such a circumstance.
Peter J. Somera, Jr. and Paul M. Silva are such auto accident lawyers in Florida with the law firm Somera and Silva LLP, and say that regardless of whether it was one or two people in one car, dealing with these kinds of cases can be challenging. “Basically, the first example is in the case of two people driving a car, so if an individual is driving someone else’s car, the law in Florida states that both of those parties are going to be held responsible for the injuries.” Somera and Silva say that this law is derived from the fact that the car owner has a duty to only allow a responsible driver to operate their car, and from the responsibility for the operating motorist to be responsible for his own driving.
As a result, the one who is injured in this kind of accident can potentially bring their claim against both occupants of the at-fault vehicle. However, another example involves many different motorists who all contribute to damages. This can include cases involving multiple car pileups, although when the number of cars reaches a certain threshold, it may become impossible to ascertain exact responsibilities, in which case the insurance companies split the damages evenly.
But to give an example of a simpler case, Somera and Silva refer to an incident involving several cars stopped at a red light. “So if I have a client who is stopped at a red light and they feel a crash and then they feel a second crash, theoretically you can have two, three or four cars hit you and depending on the sequence of the impact you can bring a claim against more than one defendant.” In the example, the client would be at the front of the line of cars. If the at-fault driver rear ended a car at the back of the line it may cause a domino effect of damages.
Somera and Silva say that as Fort Lauderdale auto accident lawyers, they would try to determine who the brunt of the blame rests on and then attribute the rest of the damages to the remaining participants in the accident. However, most of these kinds of cases are settled out of court which means that they wouldn’t collect damages based on fault, but based on the limits of the insurance company.
So if you have been injured in a car accident, or a multiple-car-pileup, consider hiring an experienced Ford Lauderdale auto accident attorney who can sort the damage and make sure you get the claims owed to you.
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.