With the arrival of winter chain accidents are more frequent, since bad weather makes driving more difficult and dangerous, it is important to know how to act if you suffer a chain collision.
The first thing is to explain that in chain accidents it is very difficult to establish fault , normally the first vehicle is not responsible and all those who hit by range are.
To try to clarify the responsibilities, it is essential to write the parts well or call the Civil Guard or Police in order to prepare the appropriate Attestation. In these cases, the vehicles that hit are usually guilty of ” not being attentive to traffic “, ” not maintaining a safe distance ” or ” not circulating at the appropriate speed for the circumstances of the road “.
But it is possible that a vehicle has braked in time, and the impact it receives from the vehicle that was driving behind it was the one that threw it against the vehicle in front. Being therefore the third vehicle guilty of the rear and front damages of my vehicle, and responsible for the rear damages of the first, as well as the possible injuries suffered by all the occupants of the vehicles, except the responsible driver.
This is very important to be reflected in the Report or in the Part , that is to say that if I had time to stop and the subsequent impact is the one that has displaced me, I have to speak with the driver of the front vehicle to express this situation in Your statement before the Civil Guard or Police and that this is reflected in the Report or in your part, so that the responsibility for my front and rear damages of the vehicle against which I am thrown are paid by the insurer of the vehicle that hits with us.
Insurers, in many cases, when the responsibilities in the traffic accident are not clear, either because they do not have a certified record, or because they do not make this type of situation clear, they defend that they only pay the rear expenses of the vehicle against which it impacts. but NOT the forwards, since they understand that he could hit before. And as for injuries, the same thing happens, they only pay a part, which will depend on whether the front damages are greater than the rear ones or not.
Another problem is to know if the vehicle was completely stopped or braking, since even if I am braking and think that I am not going to hit the vehicle that precedes me when I receive the impact, the insurance company of the vehicle that hits us will fight that we were not unemployed and therefore if we are not unemployed it is understood that the impact was evident and we are going to find the situation described above.
We cannot allude to the fact that the vehicle did not brake due to skidding due to snow, for example, since in this case we will be equally guilty for not driving at a slower speed or for not leaving a greater safety distance with the vehicle in front of us. So that we are not blamed in a chain accident, we must be a passive element of the accident.
The only ones who are saved from this situation are the occupants of the vehicles . For drivers, their right to be compensated will depend on their degree of responsibility in the accident, but the rest of the occupants will ALWAYS have the right to be compensated for their injuries . It is the same who is at fault for the accident since your insurer will either pay 100%, or if there are several culprits, they will pay all of them in the percentage corresponding to their degree of guilt.
When a driver or occupant suffers injuries in the chain accident , it is asked how we can know if said injuries come from the rear impact for which said driver is not responsible, or from the front for whom he is responsible, or from the second impact that I receive from a second vehicle to hit by range. This dilemma, which is very difficult to clarify, is the one that lawyers find when claiming in these cases, and that same problem is an argument for insurers not to pay, since they know that it is difficult to prove liability of the accident, and therefore the degree of responsibility to compensate.
Unfortunately, insurers take advantage of this situation to not payuntil you have the sentence that says what responsibility each driver, and therefore each insurer, has in the accident. In addition, in many cases they know that responsibility cannot be proven 100% because there are contradictory versions between the drivers (one driver says that he was already stopped and that the other throws him and the second maintains that he was in motion or even that he had been previously beaten) for which the Criminal Judge, not being sure, dictates an acquittal for lack of evidence, forcing the injured to go to a civil procedure that is more expensive and slower, which causes many to desist from claiming. This situation is known to the insurer and takes advantage of it since there is a high percentage of cases that do not pay injuries due to withdrawal of the injured person.
In short, chain traffic accidents are more complicated to manage , so it is essential to put in the hands of an expert traffic accident lawyer to advise the victim as quickly as possible. Fundamental is to do a good part or call the Civil Guard and declare if it had stopped completely, if it had felt one or two impacts, material damage, etc.