Understanding Fault and Liability in Miami & Hialeah Multi-Vehicle Accidents

A multi-vehicle pile-up on the Palmetto Expressway or I-95 can leave you with serious injuries and uncertainty about who is legally at fault. This guide explains how Florida law determines liability in complex multi-car crashes and how victims can secure compensation.

Key Takeaways for Multi-Vehicle Accident Claims in Florida:

• Shared Fault is Common: Florida’s “modified comparative negligence” law allows you to recover damages even if you are partially at fault, as long as your share of the blame is 50% or less.
• Your Compensation is Reduced by Your Fault: Your final settlement is reduced by your percentage of fault. For example, being 20% at fault for a $100,000 claim means you can recover up to $80,000.
• Evidence is Critical: Accident reconstruction, traffic camera footage, and witness statements are vital for proving who caused the collision.
• Immediate Action is Required: Documenting the scene, gathering information, and contacting a lawyer quickly are essential steps to protect your claim.

How does Florida’s Comparative Negligence Law impact my claim?

In Florida, fault in a multi-car accident is determined by a legal rule called modified comparative negligence (found in Florida Statutes § 768.81).

This rule means two things for your case:

1. You can be partially at fault and still get paid. As long as a court determines you were 50% or less responsible for the crash, you can recover damages from other at-fault parties.
2. Your compensation is reduced by your percentage of fault. If you are awarded $100,000 in damages but are found to be 20% at fault, your recovery is limited to $80,000.

Because of this rule, insurance companies often try to shift as much blame as possible onto you to reduce their payout. Our Miami car accident attorneys work to challenge these tactics and protect your right to a fair settlement.

Frequently Asked Questions (FAQ) about Miami Multi-Car Accidents:

Q: Who is at fault in a chain-reaction rear-end collision?

A: Fault in a chain-reaction crash depends on the sequence of events. While the last car to hit another is often responsible, the first driver who stopped suddenly or acted negligently could also be held liable. Accident reconstruction is often required to determine the primary cause.

Q: How do you prove who is at fault in a highway pile-up?

A: Proving fault in a Miami highway pile-up requires a detailed investigation. Our firm uses accident reconstruction specialists who analyze skid marks, vehicle debris, and traffic camera footage to establish a clear timeline and identify the negligent driver(s).

Q: What should I do right after a multi-vehicle accident in Hialeah?

A: After seeking medical care, you should:

• Document everything: Take photos of all cars, the scene, and your injuries.
• Gather information: Get names, insurance details, and phone numbers from all drivers and witnesses.
• Do not admit fault: Avoid making any statements about who was to blame.
• Contact an attorney: Speaking to a lawyer from The Law Offices of Jose M. Francisco promptly can protect you from making costly mistakes.