How to Determine Who is at Fault in Multi-Car Crashes

by | Jan 31, 2020 | Blog | 0 comments

It is a gamble each winter day in the Midwest as to whether the road conditions will be dry.  Snow, rain, and black ice all increase the possibility of being involved in a multi-car crash.  If you or a loved one has been injured or involved in a car crash, it is safe to assume that you have already experienced the blame game that ensues with other motorists involved.  What to do and how to determine who is at fault in a multi-car crash begins with being prepared to be involved in a car crash because determining fault can be challenging.

The priority following any car crash is determining if you or anyone around you has been injured.  If you are unable to safely leave your vehicle, stay put!  Call 911 to report the accident and your location.  

Gather Evidence

Assuming you are safe and there are no life threatening injuries, gathering evidence at the scene of the accident can help your insurance.

    • Take photographs from every angle.
    • Write down or audio record other drivers or witnesses information and their account of how the crash occurred.

Police Report

Emotions are high following a crash, but keeping them in check while cooperating with police is very important.

    • State the facts to police
    • Do not place blame and do not admit fault.  While you may be the faulty driver, let insurance companies and authorities come to the conclusion objectively.

Insurance Report

Insurance agents are not looking to be your friend or wanting to defend you.  It is important that you state the facts of the car crash and report any evidence that you may have gathered, such as photos.

Understand Auto Insurance

Understanding your auto insurance is important for all drivers, but especially if you have been involved in an accident.

Missouri: Missouri is a “Comparative Negligence” state.   Comparative negligence means, each party, in the event of a multi-car crash, could be held proportionately at fault.  The police report and gathered evidence will determine each drivers fault proportion.   Missouri law requires all drivers and vehicle owners maintain some type of liability insurance to cover any result from your actions and others.

  • $25,000 / $50,000 limit per person for bodily injury
  • $10,000 limit per accident for property
  • Uninsured /Under-insured Motorist Coverage of $25,000 / $50,000 limit per person for bodily injury 

 source: dor.mo.gov

Kansas:  Kansas law requires all drivers and vehicle owners maintain some type of liability insurance to cover any result from your actions and others.  Kansas has a “No-Fault” insurance system which means that if you are involved in an accident, regardless of fault, your auto insurance pays for certain damages up to the state’s specified limit.  As a result, Kansas residents are required to purchase Personal Injury Protection Insurance.

  • $25,000 / $50,000 limit per person for bodily injury
  • $10,000 limit per accident for property
  • Uninsured/Under-insured Motorist Coverage of $25,000/$50,000 limits per person for bodily injury
  • Personal Injury Protection (PIP) of $45,000 medical expenses / $900 work loss.
  • Optional: Comprehensive and Collision Coverage.

There are many steps involved in determining who is at fault in a multi-car crash.  Consulting with an experienced and dependable traffic attorney will help you best understand your rights as a driver involved in a multi-car crash.  Contact Reginald Keith Davis, Attorney at Law, for a free consultation.   He is licensed in both Kansas and Missouri.  Phone: (913) 299-8789