Do I Need a Lawyer for a Multi-Vehicle Accident in Delaware?

When these accidents do occur, there are usually multiple victims and multiple defendants – which also mean multiple lawsuits with everyone blaming everyone else. Multi-vehicle crashes can be especially difficult when more than one vehicle strikes yours. These challenging cases require experienced Delaware car accident lawyers who can fight for your rights while navigating through all the legal and insurance complexities.

Recent and tragic Delaware multi-vehicle crashes

A recent multi-vehicle accident in Felton trapped three people in their vehicles, sending them all to the hospital. The crash took place at the intersection of South DuPont Highway and Irish Hill Road. Details of the crash remain unknown at this time.

Earlier this year, a Philadelphia man lost his life in a multi-vehicle crash in Newark when he lost control of his Toyota Camry and was struck by two other vehicles. The accident crash occurred northbound on Interstate 95 in the left lane just north of the Christiana Road overpass.

These are just a few examples of how serious these types of accidents can be to both drivers and passengers.

The unique issues with multi-vehicle accidents

We’ve talked about multi-car accidents before, including why multi-vehicle accidents happen and the issues involved in determining negligence. Here are some of the many issues involved in multi-vehicle accidents:

Joint and several liability

In multi-vehicle car accidents, numerous vehicles may be at fault. For example, think about three vehicles near an intersection. Your vehicle (Car A) is about to enter the intersection. Car B, behind you, is following you too closely because he is texting and driving. As you proceed legally through the intersection, Car C broadsides you while trying to beat a yellow light, causing Car B to also rear-end your vehicle.

In this example, the drivers of Car B and Car C both bear some responsibility for your injuries.

Delaware uses the concept of joint and several liability. What this means is that both the drivers of Car B and Car C are fully responsible for your injuries. This affects the negotiation process. Your goal is to receive 100% of the amount you are due for your medical bills, pain and suffering, lost income, and property damage. Our attorneys may work to negotiate a settlement where the insurance company for the driver of Car B pays 50% and the insurance company for the driver of car C pays the other 50%, on the basis that each driver was equally at fault for the accident.

However, if the driver of Car B is uninsured, then joint and several liability means that the insurance company for the driver of Car C pays 100% of your damages. It’s then left to the driver of Car C to try to collect from the driver of Car B.

If neither driver is insured, then we seek to have your uninsured/underinsured (UM/UIM) carrier pay all your damages.

Comparative negligence

Comparative negligence essentially considers whether you, the plaintiff, were partially responsible for your injuries when there are multiple vehicles involved in a crash. In a multiple-vehicle accident, the fault of all the other drivers is determined, including yours. Delaware has a law that governs when you can be compensated for your injuries or the death of a loved one and when you cannot, based on how much of the accident was due to your fault.

If the amount of your fault is 50% or less, then you are entitled to recover damages from all the responsible defendants. Your damage award is pro-rated by the percentage of your fault. For example, if your case is worth $100,000 and you were 25% at fault for the accident, then you can receive 75% of the damages from the responsible defendants, which is $75,000. If you were 50% at fault, you can receive 50% of the damages. If you were more than 50% at fault for the accident, however, then you will not receive any damages.