If a Car Hits You and You Hit Another Car, Who Is at Fault?

Have you been involved in a multi-car collision and need to know who is at fault? In Pennsylvania, if a driver hits you and you subsequently collide with another vehicle, the initial driver is usually deemed primarily at fault.

However, under “comparative negligence” laws, you may share some responsibility. Our New York car accident lawyers can explain more. 

Car accidents can be confusing, especially when multiple vehicles are involved. If you find yourself in a situation where another car hits you, causing you to collide with another car, determining fault can be complex.

With over 40 years of legal experience under our belts, we understand the intricacies of personal injury law and are here to help you. 

Below, we address some frequently asked questions regarding fault in multi-vehicle accidents. 

How Is Fault Determined in a Multi-Car Auto Accident?

In Pennsylvania, fault in a car accident is determined based on the concept of negligence. To establish fault, a New York personal injury lawyer can help you prove the following elements:

• Duty of Care: All drivers have a legal obligation to operate their vehicles safely and responsibly.
• Breach of Duty: If a driver fails to uphold this duty (e.g., by speeding, running a red light, or driving under the influence), they may be considered negligent.
• Causation: The negligent actions of the driver must directly cause the accident and resulting damages.
• Damages: The injured party must have suffered actual damages, such as medical expenses or property damage.

In multi-vehicle accidents, determining who breached their duty of care can be complicated, as multiple parties may share responsibility.

What Happens if Another Car Hits Me First?

If another car hits you first, causing you to collide with a third car, the driver who initially struck you may be primarily at fault. However, the specifics of the accident matter significantly. For example:

• If You Were Stopped: If you were stopped at a red light and another car rear-ended you, the driver who hit you would likely be at fault for the initial collision.
• If You Were Moving: If you were changing lanes or making a turn when the other car hit you, the circumstances surrounding the accident will be scrutinized to determine fault.

Can I Be Found Partially at Fault if a Car Hits Me and I Hit Another Car?

Yes, New York follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are deemed 20% at fault and your total damages amount to $100,000, you would only be eligible to recover $80,000.

What if the Other Driver Claims I Was at Fault?

If the other driver claims that you were at fault for the accident, it’s essential to gather evidence to support your case. This may include:

• Police Reports: An official police report is often required within a certain timeframe, can provide an objective account of the accident, and may indicate who was at fault.
• Witness Statements: Eyewitnesses can provide valuable testimony regarding the events leading up to the accident.
• Photographic Evidence: Photos of the accident scene, vehicle damage, and road conditions can help establish the circumstances of the crash.

Should I Contact My Insurance Company if Another Driver Hits Me and I Collided With Another Car?

Yes, you should contact your insurance company after the accident, regardless of who is at fault. Reporting the accident promptly can help facilitate the claims process. Be honest about the details of the accident, but avoid admitting fault or making statements that could be interpreted as liability.

How Can a Personal Injury Attorney Help Me in a Multi-Car Collision?

Navigating the complexities of fault in a multi-vehicle accident can be challenging. A personal injury attorney can provide valuable assistance by:

• Investigating the Accident: Your attorney can gather evidence, interview witnesses, and analyze police reports to build a strong case on your behalf.
• Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts. An experienced attorney can negotiate on your behalf to ensure you receive fair compensation.
• Representing You in Court: If necessary, your attorney can represent you in court to advocate for your rights and seek the compensation you deserve.

What Compensation Am I Entitled to if a Car Hits Me and I Hit Someone Else?

If you are injured in a multi-car accident, you may be entitled to various forms of compensation, including:

Economic Damages

These refer to measurable financial losses that can be quantified:

• Medical Costs: Expenses incurred for hospital stays, surgical procedures, medications, and rehabilitation services related to your injuries.
• Lost Income: Compensation for wages you have lost due to your inability to work following the accident.
• Future Earning Potential: If your injuries hinder your ability to earn income in the future, you may seek compensation for this potential loss.
• Property Damage: Expenses related to the repair or replacement of your vehicle or any personal belongings that were damaged in the incident.

Non-Economic Damages

These damages are more subjective and can encompass the following:

• Pain and Suffering: Compensation for the physical discomfort and emotional turmoil resulting from the accident and your injuries.
• Loss of Enjoyment of Life: Damages for the impact your injuries have on your ability to partake in everyday activities and hobbies.
• Emotional Distress: Compensation for psychological effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.

Punitive Damages

In certain situations, if the actions of the other party were especially reckless or malicious, you may be eligible to seek punitive damages. These are designed to penalize the wrongdoer and discourage similar behavior in the future.

How Long do I Have to File a Claim in New York?

In New York, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. You should aim to file your claim within this timeframe to preserve your right to compensation. Consulting with an attorney as soon as possible can help ensure you meet all necessary deadlines.

Contact a Multi-Car Accident Lawyer if You Hit Another Car During a Wreck

Determining fault in a car accident involving multiple vehicles can be complex and requires careful consideration of the circumstances surrounding the incident.

If you find yourself in a situation where another car hits you, leading to a collision with another vehicle, determining fault and understanding your legal options will be easier with the help of a lawyer. 

At Morelli Law Firm, we are committed to helping you handle the legal process and secure the compensation you are owed. If you have questions or need assistance, don’t hesitate to reach out to our experienced team for a free consultation. We are here to support you every step of the way.