Liability in a Crash Involving More Than Two Vehicles

damage to front of white carMost car crashes involve two vehicles, and one driver is often the one who bears the majority or all the fault for what happened. The typical example is car 1 rear-ends car 2 or car 1 runs a red light and strikes car 2. However, sometimes more than two vehicles are involved, such as in a crash on an interstate or multi-lane highway. When these crashes happen, it is often difficult to clearly or easily assess fault.

If you were a victim of one of these crashes, it is important to discuss it with an experienced attorney. He or she can help determine if you may be eligible for compensation and if you bear any fault for what happened.

Being partially at fault does not bar you from recovering compensation. However, you can be sure the insurance company will attempt to assign you more fault than you deserve, to reduce the value of your claim. That is why you need someone in your corner fighting for your best interests.

How Do Multi-Vehicle Crashes Occur?

Often, these crashes are chain reactions – one car hits another, which hits another, and so on. There is a higher likelihood for these crashes when there is high traffic or vehicles are traveling at high speed.

When there is a lot of traffic, one driver rear-ending another could easily cause the other driver to hit the back of another car. Multi-vehicle crashes are more likely when vehicles are traveling at high speed because there is less time to slow down to avoid a collision.

In a chain reaction crash, the driver who initiated the crash often bears the majority of fault. However, it is possible for other drivers in the chain to be partially at fault. If you were following another vehicle too closely when you were rear-ended by another vehicle, you may be partially to blame, even though you may not have hit the back of the vehicle in front of you unless you were rear-ended.  There is always an argument you hit the car in front of you before you got rear-ended.

There are various reasons drivers could be assigned fault in a multi-vehicle crash, including:

  • Following too closely
  • Speeding
  • Failing to use turn signals
  • Driving a car with brake lights that were not working
  • Distracted driving, such as texting and driving
  • Government entities/public agencies that failed to properly maintain a road, causing drivers to stop abruptly to avoid obstacles

While defensive driving may help reduce your risk of getting into a crash, including a multi-vehicle crash, you cannot control what other drivers do.

Things to Remember After a Multi-Vehicle Crash

If you are ever involved in this type of collision, keep in mind that assessing fault may be very complicated. You should strongly consider meeting with a Bloomington car accident lawyer before talking to the insurance company, as they may try to trick you into blaming yourself for what happened.   Insurance companies take recorded statements from you and all witnesses before determining liability.  They want to get to you before you have legal representation so they can ask questions not normally allowed.

You may have strong reasons to believe you are to blame, at least partially. However, this is not something you should tell the insurance company or the other drivers. Discuss this with your lawyer, as these conversations are confidential.  Sometimes you may think a potential “bad fact” is relevant when it is not.  Not all facts are legally relevant.

Witnesses may be crucial in these kinds of cases, so if you are physically able, find and talk to witnesses while you are at the scene. With their permission you can record a video of your conversation on your phone.

Street or local business video footage may be available, which is another reason to strongly consider hiring an experienced attorney who will know how to obtain this footage (before it disappears) and other important evidence.

How Does Comparative Fault Apply to Multi-Vehicle Crashes?

In Minnesota, you can pursue compensation from anyone who bears less fault than you do for the crash. However, your compensation award will be reduced by your percentage of fault for the crash. For example, if you are 10 percent at fault because you were speeding slightly when the crash occurred, your compensation award would be reduced by 10 percent.   In other words, you would still be able to collect 90% of the damages you sustained.

You can discuss this law in more detail with one of the licensed attorneys at TSR Injury Law if you schedule a free consultation.

Injured in a Car Crash and Need Legal Help? Call TSR Injury Law Today

At TSR Injury Law, we know how difficult the aftermath of a car crash can be physically, financially and emotionally. We have assisted many crash victims as they sought compensation for damages. We have extensive knowledge of the legal process, including how insurance companies try to avoid paying fair compensation to crash victims.

Our firm has obtained $1 billion over more than 20 years representing injury victims in Minnesota. The consultation is free of charge. There are no upfront fees for hiring our attorneys. We do not get paid unless you get paid through a settlement or courtroom victory.

We are here to help. Phone: (612) TSR-TIME.

Maintaining Your Credibility When Seeking Injury Compensation

checking smartphoneHow important is a crash victim’s credibility while seeking compensation for medical bills and other damages?

Here is one way of looking at it: Insurance adjusters who think a judge and jury would find a crash victim to be believable and trustworthy may be more likely to offer fair compensation and settle quickly. If you are not seen as credible, the insurance company may have more reason to drag its feet or offer less money.

Your credibility is based on many factors, including:

  • What you say and do after the crash
  • Whether different statements you made contradict each other
  • Your social media posts
  • Whether other evidence may disprove your earlier statements

Steps You Can Take to Protect Your Claim’s Value

The best approach for protecting your claim is to be cautious about what you say and do after being injured in a collision.

For example, you do not need to provide a wordy or detailed statement to the insurance company. You can simply say you were in a crash and were injured. You can say also where and when the crash occurred. The insurance company will investigate the crash and can also refer to the police report for additional information about what occurred.

All your statements will be reviewed and compared by the insurance company to find where you may have contradicted yourself. Another way insurance companies may look to damage your credibility is by comparing your statements to other evidence, such as video footage of the crash or eyewitness interviews.

Avoid stating opinions about the crash or describing how you are feeling or were feeling before it happened. For example, avoid saying things like, “I was in a rush.” Maybe you were in a rush, but if another driver was negligent, your being in a rush may not have been a factor in the crash.

Even if you avoid making these kinds of statements, the insurance company may claim you are to blame for the crash. There is no sense in giving them more information that could very likely be used against you.

Avoiding Social Media

You may have heard that it is important to avoid posting anything related to your crash, such as angry comments about the other driver, pictures from the crash scene or even general posts providing more details about what happened. While avoiding those kinds of posts is a good place to start, it is important to understand that even seemingly harmless posts could be damaging to your claim.

As an injured victim who is seeking compensation, you do not want to give the insurance company leverage by sharing posts that could be used to claim your injuries are not that serious.

Posting photos or status updates about the following could damage your credibility:

  • Pictures of you on vacation
  • Going out with friends on the weekend
  • Playing sports
  • Engaging in strenuous physical activity

It seems harsh, but insurance companies will do anything to protect their profits.  A photo of you skiing or lifting your child at a birthday party will be viewed as “look, he has no pain and is happy.”  There will be no photo of you later laying in the bed with ice or taking medications, so the photos will be interpreted without a buffer or counter photo showing the truth.  In addition to avoiding social media posts about these activities, you want to be sure you are following your doctor’s orders about physical activity.  There is a big difference between “I cannot do something….” versus “I can do something, but later I am in pain.”  If you tell a doctor, or a doctor tells you, to not do something, then do not do it!  To be clear, just be truthful.  If you say you cannot lift 10 pounds, then do not lift 10 pounds. It is bad for your health, it is dishonest and could be viewed as insurance fraud

You may think you are protected if your profile settings are private, but insurance companies may still be able to find a way to view your profile. They may have an adjuster send a friend request, for example or if the case goes to litigation they ask a judge for your password to look at all of the previously private messages and photos.

Insurance providers have also been known to hire private investigators to follow crash victims to see if they are following doctor’s orders or doing anything that makes it look like their injuries are not that serious.

Other Factors Impacting Victim Credibility

While your actions after the crash have a major impact on your credibility, other past events that could work against you include:

  • Past driving citations
  • Substance use issues
  • Documented history of being dishonest with insurance companies

You can be sure insurance providers will search for anything in your history they can use against you. That is why you should seriously consider hiring an experienced Bloomington car crash lawyer to help you protect your claim.

Partial Fault for Car Crashes in Minnesota

Insurance providers are looking for anything they can use against you not just to try to deny your claim. If they can prove you were partially at fault, they can reduce the value of your compensation award. This is because of Minnesota’s comparative negligence law.

You can learn more about how this law may impact your claim in a free consultation with a licensed attorney from our firm.

Learn How TSR Injury Law May be Able to Help You

Hiring an experienced lawyer to deal with the insurance company and explain how you can protect your claim is a great way to maintain your credibility.

At TSR Injury Law, our attorneys deal with insurance companies every day, and we have obtained tens of millions in compensation on behalf of our clients. We know how they may try to discredit you and reduce the value of your claim.

Schedule a free legal consultation to find out how we are prepared to manage the legal process on your behalf, allowing you to focus on treatment and recovery.

Injured in a crash? Call TSR Injury Law at: (612) TSR-TIME

How Does Motorcycle Insurance Differ from Car Insurance?

desk with blank insurance applicationThere is one major difference between car insurance and motorcycle insurance in Minnesota: personal injury protection coverage. Learn how this can affect you after a crash with another vehicle.

It is important to carefully consider the coverages and coverage limits you should purchase when buying insurance. If you do not purchase enough coverage, you may be stuck paying medical bills and other expenses out of your own pocket. Medical bills from an accident can be difficult to afford, particularly when you cannot work because of a severe injury.

If you are struggling to obtain compensation after a car crash, call TSR Injury Law to schedule a free consultation. We have helped numerous car crash victims obtain compensation after an accident.

Personal Injury Protection Insurance

Minnesota is a no-fault state, which means car accident victims must turn to their own auto insurance, under the personal injury protection (PIP) coverage, no matter who is at fault for the crash.  PIP will cover medical bills, wage loss, funeral costs and costs to hire someone to perform household activities.

Minnesota mandates a minimum of $40,000 ($20,000.00 medical and $20,000.00 wage) in (PIP), but many people purchase more than the minimum required by law.

Unfortunately, Minnesota does not require motorcyclists to purchase this coverage and in fact most insurance carriers do not even sell PIP for motorcycles  (There is a small substitute for PIP for motorcycles.  It is called Medical Payments coverage (medpay).  Medpay is only for medical bills and is sold from $1,000.00 to $5,000.00 in coverages.)  Insurers are only required to provide liability insurance for motorcyclists. Liability insurance is intended to provide compensation to victims of an accident that you cause. Even if you have PIP coverage on an automobile, you cannot use it if you were injured while riding a motorcycle you own.  There is an obscure loophole if you are a passenger on a non-owned motorcycle that TSR attorneys may be able to use for your case.

The legal rationale motorcycles do not require PIP coverage is because according to Minnesota’s No-Fault Automobile Insurance Act, a motorcycle is not considered a motor vehicle. The PIP insurance mandated by this law only apply to injuries or losses that arise from the use or maintenance of a motor vehicle.

Uninsured and Underinsured Motorist Coverage

There is no telling how much insurance coverage the other driver who caused your motorcycle crash may have, or if the other driver will even have insurance coverage. Even though Minnesota requires drivers to have minimum coverage, many ignore this law. Some drivers forget to pay their premium and their coverage lapses, or they simply cannot afford insurance on top of a car payment.

No matter if you purchase medpay for your motorcycle, you should strongly consider purchasing uninsured motorist coverage to protect you if the other driver does not have insurance. (You should strongly consider purchasing both medpay and uninsured motorist coverage, as motorcycle crashes often result in significant injuries that require expensive treatment.)

Since you can only file a lawsuit for crash damages in certain situations, you may not be able to rely on filing a lawsuit to recover compensation. Even if you can file a lawsuit, if someone does not have insurance coverage, it is unlikely they will have many assets for your Minneapolis motorcycle accident attorney to go after.

Other Coverages You Should Consider

There are a variety of other coverages you can purchase for your motorcycle to help cover damages from a crash or other situation:

Collision

This provides compensation for damage to your motorcycle if you are involved in a crash with another driver or other hazards, like signs, trees or cars that are parked. You may also be able to obtain compensation to repair or replace your helmet if it gets damaged in the crash.

Comprehensive

In a no-contact accident, there might not be anyone to pursue compensation from, unless you can file a claim against the entity responsible for maintaining the road where you crashed. This is where comprehensive coverage comes in. You may be able to file a claim for compensation for a no-contact accident, such as a crash caused by falling debris or damage to your bike because of a pothole or vandalism.

Get Help Pursuing Compensation for a Motorcycle Crash

Our trusted attorneys are here to help crash victims who need compensation for the cost of medical care and other damages they may have suffered. The initial meeting with our lawyers is free of charge, as we know a crash can result in a financial crisis for many people.

Unless we recover compensation for your claim, there are no attorney fees. That means no risk to you in talking to us about your potential legal options.

Have questions and need help after a crash? Call us today at: (612) TSR-TIME

Determining Liability When a Pedestrian is Injured in a Crash

walk signal at crosswalkWhile everyone who is sharing the road needs to cautious, pedestrians need to be particularly careful because they have no seat belts, airbags or other safety measures to protect them in a crash. Pedestrians should not assume drivers see them and should stay hyperaware of traffic around them.

If pedestrians are not careful, they could not only get seriously injured, but also be found partially at fault for the crash. Below, learn more about liability in pedestrian crashes and why it may not always be so simple to determine who is at fault.

Responsibilities of Drivers and Pedestrians

As a pedestrian, state law requires you to take certain steps when you do things like cross the street. These measures are meant to reduce the risk of a dangerous crash.

For example, just like drivers, you are subject to the traffic-control signals at all intersections. If there is no signal at your intersection, drivers are required to yield to you when you cross the street in a marked crosswalk or at an intersection with no marked crosswalk.

When a pedestrian is crossing, the driver is required to remain stopped until the pedestrian has crossed the lane where the vehicle is stopped. No cars behind the lead car can pull out and attempt to overtake the lead car while a pedestrian is crossing.

It is illegal for you as a pedestrian to suddenly step off the curb or another area of safety and walk or run into a vehicle’s path when it is impossible for the driver to yield.

If you cross the road outside of an intersection, you must yield the right-of-way to all approaching vehicles. However, it is illegal to cross between adjacent intersections that both have working traffic-control signals.

If you are walking along a roadway, or in a wheelchair along a roadway, you must, when it is practical, move on the left side of the roadway or shoulder giving way to oncoming traffic. However, it is illegal to walk along the road when a sidewalk is accessible.

Fault When a Crash Occurs

Pedestrian crashes are often caused by negligent drivers. For example, they may run a red light and hit a pedestrian crossing the street. Drivers could also hit pedestrians while making a right turn on a red light and failing to yield.  This scenario occurs often because drivers look left for oncoming traffic as they turn right.  The drivers fail to also look to the right before they proceed.

However, there are times when pedestrians could be to blame. Jaywalking, which refers to crossing the street outside of a crosswalk, could result in the pedestrian being found partially at fault. When crosswalks are available, pedestrians need to use them, as they are designed to get the attention of motorists to help prevent crashes.

Pedestrians should also avoid running out into the street, particularly from between two parked cars. It can be very difficult for drivers to see pedestrians and they may not have enough time to slow down or swerve to avoid a collision.

Even if you are not hit by a car, if the driver is forced to take evasive action to avoid a crash and he or she hits other vehicles or a fixed object, you could potentially be found partially liable for the driver’s damages.

Can At-Fault Pedestrians Seek Compensation?

It is very important to note you can still seek compensation if you are partially at fault for a crash. At the scene, be careful not to admit fault. If the insurance company calls you, avoid admitting fault.  The Minnesota rule is if you are less than %50 at fault you can be compensated for the injuries you receive.

Even though you may be somewhat to blame for the crash, it is better to let the investigation play out. If you say it was your fault from the start, it may be more difficult to refute this later.

The attorneys at TSR Injury Law are prepared to review your situation in a free consultation to determine if you may have been at fault and if you may still be eligible to seek compensation. Even if you have some fault, we are committed to building a strong case to try to prevent the insurance company from assigning you more fault than you deserve.

Injured in a Pedestrian Crash? Call TSR Injury Law for a Free Consultation

Your injuries could affect you for a long time – potentially the rest of your life. That is why talking to an experienced attorney is so important during this difficult time. He or she may be able to secure compensation for your medical treatment and other damages.

Our Bloomington auto accident lawyers offer a free, no-obligation legal consultation. That means there is no risk to you in reaching out to find out how we may be able to help. Our firm has recovered $1 billion in compensation on behalf of our clients.

We are not paid unless you get paid. Call (612) TSR-TIME today.

TSR Staff Volunteered for We Push for Peace to Help Those in Need

At TSR Injury Law, we not only help injury victims in our community with their legal needs, we also make sure to try to give back to the communities where we live and work.

Last week, members of our legal team volunteered with the organization We Push for Peace. We gave our employees the option of a paid day off to go out into the community and volunteer. We donated food and hygiene supplies, packed them up and gave to those in the community who are in need.

We Push for Peace is a nonprofit started by Trahern Pollard to advocate for and be a resource to people in the inner city. Lately, this organization has been continuing to help those affected by COVID-19 while pushing for the justice, accountability and change the community needs in the wake of the death of George Floyd.

To learn more about the organization, we encourage you to visit their website or reach out to the Founder/CEO Mr Trahern Pollard at Trahernpollard@yahoo.com.

TSR Injury Law. Trusted. Local. Lawyers.