Being involved in a collision with another car is bad enough, but a multi-car pile is often considered a highway disaster. Many people may be hurt and looking for someone to blame, including you. You should speak to an attorney as soon as possible to begin the steps necessary to file a lawsuit.
When suing for a multi-car pileup, we must identify all other drivers involved. Some might be injured victims like yourself, while others might have acted negligently and contributed to the accident. We might not know for sure until after we review a copy of the police report. We must also review your auto insurance policy, as some drivers have a limited right to sue, which may restrict your ability to sue the other drivers in a pileup accident.
Call our New Jersey car accident attorneys at Agrapidis & Maroules, P.C. at (551) 525-6465 and ask for a free legal review to start your case.
How Do You Sue for Damages After a Multi-Car Pileup in New Jersey?
Although multi-vehicle pileups are somewhat less common than two-car collisions, they still happen, and you have legal options. You may sue for damages, but beginning a lawsuit may be complicated.
New Jersey’s No-Fault Insurance Laws
New Jersey imposes no-fault insurance requirements on drivers. All drivers must have no-fault insurance that should cover them after an accident, regardless of who is at fault.
While no-fault insurance can help injured drivers get compensation faster in many cases, it often poses a legal hurdle to those seeking to sue for their damages.
Limited and Unlimited Right to Sue
Drivers in New Jersey must choose between a limited and unlimited right to sue when purchasing auto insurance. With an unlimited-right-to-sue policy, you can sue for any crash; with a limited-right-to-sue policy, you cannot sue the at-fault driver unless you have serious injuries.
Serious Injury Threshold
If you elect a limited right to sue, you may not sue for a car accident unless you sustain at least one of the following permanent injuries:
- Significant disfigurement or scarring
- A displaced fracture
- The loss of a body part
- The loss of a fetus
- Death
A permanent injury where the injury is medically determined not to heal to function normally How Do You Know Who to Sue After a Multi-Car Accident?
Determining who to sue after a multi-car pileup is not always clear, and our team can investigate the accident to determine who should be held accountable.
Call the Police
First, you should call the police after the accident. Multi-car pileups are almost always severe, and you or someone else at the accident scene should call 911 immediately. The police should arrive to help, take control of the scene, and talk to drivers and passengers about what happened.
Once their investigation is complete, the police may write a formal report, which our New Jersey personal injury lawyers can review to help us understand what happened and who is responsible.
Depositions and Interrogatories
Interrogatories are a list of questions we can send to people involved in the accident or who were nearby and witnessed it. It is a way to assess the testimony of potential witnesses. If they provide a lot of useful information in an interrogatory, we may consider calling on them to testify in court.
Depositions are similarly a series of questions and answers with witnesses, but depositions are conducted face-to-face with attorneys present. We may also depose defendants in the case, and they may depose you.
Video Footage
A great way to figure out how a multi-vehicle accident occurred is to review video footage. Traffic cameras, dashcams, and private security cameras might have recorded something important. In some cases, the entire accident is caught on camera.
This kind of evidence is incredibly powerful, as it can be difficult to dispute or refute.
How Fault May Be Divided Among Drivers in a Multi-Car Pileup
One of the most complicated parts of a multi-vehicle accident is determining who is at fault and how fault is divided among the drivers.
New Jersey’s Law of Modified Joint and Several Liability
In a New Jersey multi-vehicle accident, if a driver is less than 60% at fault, they may be responsible only for their share of damages. So, if a driver is only 30% responsible, they must pay 30% of your damages.
However, if a driver in a multi-car accident is found to be at least 60% responsible, they may be held responsible for 100% of the damages. If another driver cannot pay, the driver who is at least 60% responsible would have to pay for everything.
Modified Comparative Negligence
In multi-car accidents, someone may accuse you of being responsible for the accident. In that case, the rules of modified comparative negligence may apply.
If you are deemed partially responsible for the accident, you may still be able to sue, but your damages may be reduced according to your share of fault.
However, if your fault exceeds the fault of all other parties involved, meaning you are more than 50% responsible for the accident, you may be barred from suing.
How to Prove Fault in a Multi-Car Accident
Fault may be assigned to a driver involved in the accident if we present evidence of that driver’s negligence. Negligence may involve various forms of careless or reckless conduct, such as running a red light, speeding, failing to signal, or driving while intoxicated, among other traffic code violations.
FAQs About Suing for Multi-Car Pileups in New Jersey
Who Do You Sue After a Multi-Car Pileup?
You may sue the driver or drivers who caused the accident. This might be one driver or several, and you may include as many defendants as you believe are necessary to get fair compensation.
How Does Auto Insurance Affect a Lawsuit for a Multi-Car Accident in New Jersey?
Drivers must elect a limited or unlimited right to sue when buying auto insurance. If you have a limited right to sue, you can sue for a multi-vehicle accident only if you have certain kinds of serious or permanent injuries. If you have an unlimited right to sue, you are not restricted from suing based on the severity of your injuries.
What if You Are Unsure Who Caused a Multi-Vehicle Accident?
If you do not know who caused the accident or if more than one person is responsible, your lawyer should help you investigate. They can obtain copies of the police report, interview witnesses and other drivers, and determine who should be included in your lawsuit.
How Long Do Lawsuits for Multi-Vehicle Accidents Take?
Lawsuits generally take time to complete, and many car accident cases can take several months or even a year or more. In complex cases, like multi-car accidents, your case might take even longer. Even so, you should not be dissuaded from taking legal action.
Contact Our New Jersey Car Accident Lawyers for Legal Help Now
Call our East Orange, NJ car accident attorneys at Agrapidis & Maroules, P.C. at (551) 525-6465 and ask for a free legal review to start your case.