How Is Fault Determined in a Multi-Car Accident in Miami?

Multi-car accidents happen all the time. We can untangle the truth about what happened and who caused it. We do this with the videos, who said what (witnesses), physical evidence at the scene (skid marks, pieces of cars, clothing), 911 recordings of people who call in, and experts.

If you’ve been involved in a multi-car accident, understanding how fault is determined can help you protect your rights and seek the compensation you deserve. In this post, we’ll explore what you need to know about multi-car accidents, Florida’s insurance system, and more.

The state of Miami’s roadways

Miami is one of the most densely populated cities in Florida, and Miami-Dade County sees more car accidents than 75% of the rest of Florida combined, according to state reporting.

In 2022 (the most recent year of statistics in Florida’s database, the state had almost 400,000 auto accidents. Over 63,000 of those occurred in Miami-Dade County. In comparison, the second highest county (Broward) had 40,800. Hillsborough County came in third with just over 28,000 auto accidents.

Clearly, Miami has some of the most dangerous roadways, highways, and interstates in Florida. Dealing with the aftermath of those accidents can be more than a little challenging, particularly if it was severe enough to cause injuries or damage to vehicles or other property. Florida’s no-fault insurance system doesn’t help, either, particularly if you’re used to an at-fault state.

The role of Florida’s no-fault insurance system

Florida operates under a no-fault insurance system, which means that after an accident, you’ll first turn to your Personal Injury Protection (PIP) coverage to cover medical expenses and lost wages, regardless of who caused the crash.

However, if your injuries are severe and exceed your PIP limits, you may need to pursue a claim against the at-fault driver(s). In comparison, at-fault states work differently. Drivers don’t carry PIP coverage. Instead, they may have UM (uninsured/underinsured motorist coverage) so that they can recover if the person who caused their accident was driving without insurance or without enough coverage to pay their damages. Florida is a no-fault state. That means that your own personal injury protection (PIP) insurance covers the medical expenses up to the level of PIP, usually $10,000. Then health insurance.

In the claim, the at-fault driver is responsible for, but usually won’t pay without a lawsuit, the medical expenses, lost wages, pain, suffering, mental anguish, scarring, disfigurement, inconvenience, physical disability and impairment, both in the past (from the date of the accident until the date of trial) and in the future (from the date of trial through the end of your life expectancy).

Insurance company adjusters and lawyers are professionals. They make friends with you and then deny the claim. They are NOT on your side. You need an attorney. And with us, it is free. You don’t pay anything unless and until you win and we recover. But you will recover more than just on your own. The insurance company never pays the full amount they should if you don’t have the right attorney.

How is fault determined in a multi-car crash?

Investigators, insurance companies, and attorneys look at several different factors to determine fault in a multi-car accident. The most important factors include the following:

• Police reports– Officers responding to the scene will document the accident, interview witnesses, and note any traffic violations.
• Who said what? Who saw, heard, felt, and smelled what? Eyewitness testimony– People who saw the crash unfold can provide crucial details about what happened. However, witnesses are notoriously unreliable when it comes to details that matter in insurance claims.
• Videos from nearby buildings, stop light videos, police body cam, and dashcam footage– Video evidence can help reconstruct the sequence of events leading up to the collision. This is pretty important in multi-car accidents where the sequence of events isn’t usually very clear. Video footage is often far more reliable than eyewitness testimony.
• Vehicle damage analysis– The position and extent of damage on each vehicle can reveal how the crash occurred. Other things that may be analyzed include paint transfer from one vehicle to another and vehicle position on the road after the accident (assuming the vehicles aren’t moved out of the travel lanes).
• Skid marks and road conditions– These can indicate speeding, sudden braking, or other key details. Skid marks can also help identify vehicle position in relation to other vehicles involved in the accident.
• Car parts and pieces at the scene. This includes pieces of taillights, bumpers, and engine parts.

Determining fault doesn’t just come down to looking at the evidence. It also requires an understanding of how these accidents usually happen in the first place.

Common scenarios in multi-car accidents

While multi-vehicle accidents can (and do) happen in any number of ways, three of the most common include the following:

• Chain reaction rear-end collisions– If one driver slams into another, causing a domino effect, the driver who initiated the impact is often at fault. However, if other drivers were following too closely, they could share liability. That’s because these behaviors worsen the damage or add to the number of vehicles involved.
• Intersection pile-ups– Running a red light or failing to yield can trigger a multi-car crash, with fault typically falling on the driver who violated traffic laws. Again, other drivers may shoulder a share of liability depending on their behaviors.
• Highway accidents– Sudden lane changes, reckless driving, or failing to slow down in time can make fault difficult to assign, as multiple drivers may have contributed to the crash. Think of two cars weaving in and out of thick traffic on a multi-lane highway or interstate; the more cars involved in bad behavior, the harder it is to assign fault to one specific driver.

Can multiple drivers be at fault?

Yes. Florida follows a comparative negligence rule, meaning that multiple drivers can share fault for an accident. If you’re found to be partially responsible, your compensation may be reduced by your percentage of fault – unless you are more than 50% at fault, in which case you cannot recover. For example, if you’re awarded $100,000 but found 20% at fault, you would receive $80,000. That’s a great example of why it’s so important to obey traffic rules, drive defensively, and be observant. Even a small amount of shared responsibility can make a major difference in your case’s outcome.

Why you need an experienced car accident attorney

A skilled attorney can:

• Gather and analyze evidence to build a strong case
• Negotiate with multiple insurance companies
• Ensure you receive the full compensation you’re entitled to

If you’ve been injured in a multi-car accident in Miami, don’t navigate the claims process alone. Hiring a Board Certified Civil Trial Lawyer who isn’t afraid to take your case to trial puts you in a more powerful negotiating position with insurers. Contact Hickey Law Firm today for a free consultation, and let us fight for your rights.