Who is At Fault in a Multi-Vehicle Accident?

Scottsdale, AZ Car Accident Attorney Explains

Video Transcript:

Ryan Skiver: 

You have to remember that they're doing everything they can to hang on to their money, so they will try to take advantage in their communications with you to get you to say things that may not be beneficial to you.

Tom Mustin: 

When there are more than two vehicles in a crash, liability can be complicated. We're gonna talk to attorney Ryan Skiver about what you should know on today's episode of Ask the Lawyer. Ryan, thanks for joining us.

Ryan Skiver: 

Thanks for having me.

Tom Mustin: 

Great to have you. Over the past few months, we've seen a number of serious multi-car accidents in Arizona. So what's the best way to avoid being in these types of accidents?

Ryan Skiver: 

The best way to avoid being in a multi-vehicle collision is really paying attention and leaving yourself space so that you have options, or it's referred to as leaving yourself an out. So obviously checking for traffic in front of you and making sure you know if they're gonna be coming to an abrupt stop because of vehicles in front of them, as well as checking your rear view and side view mirrors to see the vehicles behind you and how close they're following you. It's always nice to leave extra space for safety in front of you. And another option in that situation is you're driving on a roadway where there may be an out to your left or your right, where it's a safe avoidance situation, then you wanna keep your eyes open. And if you see that there is a type of pile up or something that's happening, if you can avoid that by pulling to the side, that gives the person behind you more space to be able to stop as well and really protects everybody.

Tom Mustin: 

So Ryan, when there's a large chain reaction accident where a lot of cars are involved, how is fault determined and what if mother nature is at hand? And what if it's raining? How is fault determined?

Ryan Skiver: 

Fault can be determined in that situation based on multiple different factors, and it can be a tricky situation. Leaving weather out of it at first, oftentimes the first person to make the impact is the most responsible, but because of comparative fault, there can also be a distribution of the fault between other parties. So as you have vehicles piling up, there may be the first one who's responsible the most for the first impact, and depending on if that second impact from their rear pushes them into the first car, again, there may be additional liability there. So the reconstruction of the crash and making sure that you understand exactly how it transpired by getting the black boxes, it's called from some of those vehicles and comparing the information and getting it through your experts that it can come in is really crucial in determining responsibility. Now, with respect to the weather, that is a different situation. If you know that the weather is coming, then it's what's considered foreseeable. So it gives you the opportunity to be able to prevent it or to avoid that situation by pulling off the road or parking. Sometimes there are bursts or sudden dirt devils or whatever it may be in Arizona that catch you completely by surprise, and that situation, it's a little bit different. And it's always gonna be up to the jury to determine who's fault those crashes were.

Tom Mustin: 

And I know this can get complicated sometimes. Where does a person even start in a case like this? Are they expected to contact several different insurance companies?

Ryan Skiver: 

When the crash happens, the first thing you wanna do is to contact the police and/or 911, and especially if you need an ambulance to get there as soon as possible. If you're able to get out and move around, it's always nice to take photographs and speak with the other drivers. If the other drivers do you have their insurance information, then you should collect that. Ideally, the police will be collecting all of that information so you can get it through the police report, but your best option to be safe is to try to gather that information as well, just to make sure something doesn't get missed and you have it to be able to contact them. But with that in mind also, it's always better to have a lawyer involved for when you contact those insurance companies because you have to remember that they're doing everything they can to hang on to their money, so they will try to take advantage in their communications with you to get you to say things that may not be beneficial to you. And it's always good to have a lawyer there to make sure that you're saying the right things and not giving them information they don't have the right to. You can always remember that whatever you say, can and will be used against you, like the police in a criminal situation, when you're talking to an insurance company.

Tom Mustin: 

And I know there's a lot of different scenarios, but what if a commercial truck's involved in these types of accidents? Does that change anything?

Ryan Skiver: 

When a commercial truck is involved in a crash, it certainly changes the case and the approach that you wanna take. There's lots of different safety regulations that trucking companies and truck drivers have to follow, that regular drivers aren't required to follow. It's called the Federal Motor Carrier Safety Regulation. They also have certain requirements as a motor carrier that gets them their USDOT number that puts in place for them or has a requirement for them, essentially, that they have a safety system to make sure that they avoid preventable crashes. That's why it's important to get a lawyer who knows about commercial trucking cases involved so that they can make sure that all of that evidence gets preserved and the proper avenues are pursued.

Tom Mustin: 

Now, a lot of people are watching their dollars these days, so is this the type of case that a person can handle on their own, or do you advise getting a lawyer here?

Ryan Skiver: 

A person could certainly handle that type of case on their own, but the end result is likely not going to be as good as with an attorney. And the crucial part to your question was, you were asking about if you're low on money or you can't afford it. The great thing about those types of cases is we work on a contingency, which means that it doesn't cost you any money upfront. We only get paid if we recover money for you. So it's not gonna cost you anything to get a lawyer involved to help represent you. And the end result will likely be much better, especially if it's an attorney who knows about commercial trucking cases, so that they pursue all avenues of responsible parties, not just the driver, but the company or motor carrier or shippers or other people who may be responsible along the way as well.

Tom Mustin: 

Well, Ryan, good stuff. We appreciate your expertise. As always, thank you for joining us.

Ryan Skiver: 

Thank you for having me.

Tom Mustin: 

Alright, that's gonna do it for this episode of Ask the Lawyer. My guest has been Ryan Skiver. If you wanna ask Ryan about your situation, call the number you see on the screen. Thanks for watching. I'm Tom Mustin for Ask the Lawyers.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.