Who Is Liable for a Pileup Accident on a Freeway?
Every car accident is dangerous, but when more than two cars are involved, the risk factor spikes. Pileups are also more legally complex than two-car and single-car accidents and determining where liability lies can be especially challenging. If you were injured in a freeway pileup that was caused by another driver’s negligence, it’s time to consult with an experienced Harrisburg car accident attorney.
Multi-Car Pileups
Pileups that involve more than two cars tend to be caused by the same forms of negligence that precipitate other car accidents, but bad weather often plays a critical role. Rain, ice, snow, high winds, and low visibility all require motorists to slow down to drive safely, and when they fail to do so, pileups become more likely. Other forms of negligence that often set off pileups include all the following:
- Distraction
- Impairment
- Exhaustion
- Aggression
- Failure to follow the rules of the road
- Excess speed
Pileups Are Generally a Chain Reaction
Typically, pileups on freeways are chain reactions that begin with one crash and build from there. As such, the driver responsible for the initial accident could be held responsible for the entire pileup, but this isn’t always the case.
Motorists are required to allow enough space between their own vehicles and forward traffic to safely accommodate whatever happens on the road, including accidents. This means that when a tailgater gets tangled up in a pileup that was initiated by another driver, they can share fault.
Consider a common scenario. Let’s say that a forward driver is forced to come to a quick stop due to an emergency situation ahead. If the motorist behind them is following too closely, they’re likely to rear-end the forward driver. If this pushes the forward driver into another stopped car, it amounts to a multi-car accident, but the two forward drivers who were rear-ended are unlikely to bear any fault.
If, on the other hand, a forward driver who is forced to stop on the road due to an emergency ahead is rear-ended by a tailgater who goes on to be rear-ended by a motorist who was tailgating them, both the rear drivers are likely to share fault for the pileup. The first driver who came to an emergency stop, however, is unlikely to be held liable.
Shared Fault in Pennsylvania
Pennsylvania employs what is called comparative negligence, which means that –as long as you are no more than 50 percent at fault for the accident– you can seek compensation for the percentage of your losses that the other driver is deemed responsible for. In a pileup, more than one driver may be responsible for your damages, which means you may need to file more than one car accident claim, or if you file a lawsuit, you may need to join more than one driver as a defendant. Additionally, if the accident occurs on an interstate highway, it is likely that one or more of the drivers will be from out of the area or a different state.
Discuss Your Claim with an Experienced Harrisburg Car Accident Lawyer Today
The practiced Harrisburg car accident attorneys at Cunningham, Chernicoff & Warshawsky, P.C., dedicate our imposing practice to helping valued clients like you recover compensation for their complete losses, and we’re here for you, too. For more information, please don’t delay contacting us online or calling us at 717-260-3527 today.