Injured victims involved in multi-vehicle accidents are likely to have solid, high damage claims against the defendants. Multi-vehicle accidents in Atlanta and elsewhere throughout Georgia are uniquely dangerous due to the influence of multiple impacts (often in rapid succession), and the statistics seem to bear this out. According to a report conducted by the Georgia Governor’s Office of Highway Safety in 2015, out of 1,430 total fatalities associated with motor vehicle accidents, 650 fatalities were linked to multi-vehicle incidents, comprising nearly 46% of the total.
Driver negligence in multi-vehicle accidents is generally quite similar to those in motor vehicle accidents involving one or two vehicles. What makes multi-vehicle accident litigation rather unique is the potential for multiple defendants.
Litigating Against Multiple Defendants
Georgia implements modified comparative fault for all injury claims. What this means is that you are entitled to sue and recover damages for injuries you sustained as the result of another’s negligence, recklessness, or intentional behavior, so long as you are not more at-fault for your own injuries than the defendant(s). If you are more than 50% responsible for your injuries, then you will be barred from recovery.
When suing multiple defendants, how does this work? Suppose that your damages in a multi-vehicle collision that occurred in Atlanta are $100,000 in total. You are 40% at-fault, and defendant A and defendant B are each 30% at-fault. You would be entitled to recover $30,000 from each defendant.
Unfortunately, you cannot sue each defendant for all your damages — you may only sue each defendant for their proportionate share of the damages. For example, you would not be entitled to sue defendant A in the above example for $60,000. You would have to separately recover $30,000 from each liable defendant.
Contact an Atlanta Auto Collision Attorney at Ponton Law Today
Multi-vehicle accidents can be complicated, but are also full of potential in that an injured plaintiff can sue and recover damages from each of the defendants, thus minimizing the risk of litigating a claim against a defendant with insufficient insurance coverage and personal assets. As such, you’ll want to work with an attorney who has successfully litigated multi-vehicle accidents for years and has the case results to prove it.
Attorney James Ponton has been litigating car accidents, including those involving multiple vehicles, for nearly 10 years. Before 2008, Attorney Ponton worked as an insurance defense attorney. Given this background, he is uniquely knowledgeable of the arguments and strategies typically employed by defense counsel in car accident lawsuits. Attorney Ponton will work with you to develop a litigation strategy that is customized to the particular circumstances of your case.
Have you been injured in a multi-vehicle accident? Call (404) 418-8507 to speak with an experienced Atlanta auto collision attorney today. Here at Ponton Law, your initial consultation is free.
We look forward to speaking with you.