Collisions involving just two cars are usually pretty simple: you were stopped, another driver was texting while driving and hit your car. It’s that person’s fault, end of story. But, modern roadways are frequently busy and crowded, and many accidents involve more than two cars. In cases like those, it takes an experienced auto accident attorney to investigate and uncover where liability lies.
Just recently, a teen was killed in a multi-car accident in Houston in which one car lost control on Highway 249, crashing into a sign and the guardrail. The crash caused several other drivers to swerve to avoid hitting the first car, which then caused a secondary accident as many drivers scattered in all directions. In situations like this when multiple vehicles are involved in an accident, complications pile up quickly which can make it very difficult to untangle who should be responsible for causing what damage.
What are comparative and contributory negligence?
“Comparative negligence” and “contributory negligence” are methods the law uses to sort out responsibility for damages when there are multiple factors that caused the damage. Different states use different versions, and they can have dramatically different results.
- “Pure” Contributory Negligence
Although most states have moved away from using a “pure” contributory negligence system, it is still used in some states. Under this system, if the injured party’s actions were in any part responsible for the accident, even just 1%, they are completely prohibited from recovering their damages. For example, if the court decides that the driver who was texting when he slammed into your car was 99% at fault, but because you had glanced at your navigation system you were also 1% at fault since you didn’t try to get out of the way, then you won’t be able to have the other driver pay for any of your damages. Obviously this can seem very unfair in some cases, so most states (including Texas) have moved on to more flexible methods of determining responsibility.
- Comparative Negligence
Comparative negligence is a system that tries to address the unfairness many people perceive in a pure contributory negligence system. Under comparative negligence schemes, a person who is partly responsible for their own damages can still recover from other parties who share in that responsibility, but the amount they can receive is limited by the amount they were responsible. For example, if the texting driver caused you $100 in damages, and the court decided you were 1% responsible, then you would be able to recover $99 in damages. Many states have adopted comparative negligence laws, but these laws aren’t perfect either. For example, what if the court finds one driver is 75% responsible for the accident, and the other is 25% responsible. Even though the first driver is mostly at fault, he could still recover 25% of his damages from the other driver. This can also seem very unfair, so other states (like Texas) have adopted a ‘modified’ comparative negligence plan.
- “Modified” Comparative Negligence
Modified comparative negligence systems blend the ideas behind both contributory and comparative negligence plans. Under these modified plans, a partly-responsible party can still recover the part of their damages the court decides were not their own fault. But like contributory negligence systems, if the person seeking damages is mostly responsible for the accident, then they won’t be able to recover anything. Texas’ modified comparative negligence laws are called “Proportionate Responsibility” laws. Under Texas’ plan, a party is prohibited from recovering damages if they are more than 50% responsible for causing the damage.
How do contributory negligence laws apply to multi-car collisions?
In accidents like the one discussed above a thorough investigation to establish responsibility is critical. For example, the drivers in the secondary collision will need to determine (and then prove to the court!) whether their damages were caused by the first driver who lost control and made the other drivers swerve, if the damages were actually caused by a swerving driver who shouldn’t have swerved, or some combination of the two.
In cases like this, it’s important to be represented by an attorney who specializes in contributory negligence cases. After all, 1% responsibility can be the difference in Texas between having your damages paid for and not getting anything at all. Our attorneys are available to apply their considerable experience in these matters to your case, so if you have questions or concerns about a multi-car accident please contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
