Who Do You Sue in a Multi-Vehicle Accident?

There are more than 6 million car accidents in the U.S. every year. It’s not hard to imagine that a good number of these involve more than 2 vehicles. A lot of crashes have a domino effect. This is why we see so many stories on the news about huge multi-vehicle accidents blocking the roadways. In fact, some estimate that more than 40% of all accidents involve more than 2 cars.

This means that your Georgia accident lawyer will have to decide how many parties they wish to sue. The good news is that you don’t have to figure this out on your own. All you need to do is call our office and schedule your free consultation. Let them review your case and answer any questions you may have.

Your Georgia Will Likely Name Multiple Parties in Your Lawsuit

Since more than a third of all motor vehicle crashes involve 3 or more cars, you may need to pursue more than one party. Years ago, if you filed a multiple-party lawsuit in Georgia, the court would treat them as a collective unit. This was called joint and several liability. This means that they used to say that the defendants – all the defendants – were equally liable for your damages

You could go after one defendant for the whole thing, or you could try to collect an equal amount from each party. In 2005, this changed. Now the courts have the verdict break down how much each party is responsible for. This is done based on their percentage of fault.

The way this is done is based on their proportion of fault. Imagine that you sue three drivers for a total of $300,000. If you filed suit in 2004, each defendant would’ve been liable for the whole $300,000. As payments were made, regardless of who made the payment, the total amount owed by the defendants would still be the same.

However, since your accident took place in 2021, those old rules no longer apply. If you sued 2 parties for damages, it would be apportioned based on their fault. If defendant A was deemed 40% responsible, they would have to pay $120,000. If the other defendant was 45% at fault, they would be responsible for $135,000. That means that you’d be held liable for the remaining 35%. Your total damages would be $255,000.

Is One Defendant Clearly at Fault?

One thing your Georgia accident lawyer will consider is whether one party was mostly at fault. For example, imagine that there is a 3-car accident in Carrollton. One driver was parked at the time so they have no liability. Another car was at a red light and took off a bit too early. At the same time, another car was speeding through the intersection. Car C hits Car B and they both slam into you.

Who would be at fault in this case? The party mostly at fault is Car C. However, Car B is partly responsible because they didn’t wait for the light to turn green before they crept into the intersection. In this case, your attorney would be likely to sue Car C as opposed to Car B. The good news is that they don’t need to make this decision. They’ll just name them both in the lawsuit.

Which One of the Defendants Has More Assets?

Another thing your Georgia accident lawyer must take into account is the defendants’ assets. It makes more sense to go after the person with property and a ton of other assets. You’ll be much more likely to get a settlement out of them compared to a drive with absolutely no assets. Of course, at the end of the day, you and your attorney don’t care who pays, as long as your damages are paid.

Call and Schedule a Meeting with One of Our Georgia Accident Lawyers

If you’re involved in a multi-vehicle accident, you probably suffered serious injuries. You’re in no position to fight with the insurance companies. You just want to focus on recovering from your injuries. Let our firm do that for you.

All you have to do is call and schedule your free consultation with one of our experienced Georgia accident lawyers. You can sit down and ask them any questions you may have. They can also let you know how they think you should proceed. The consultation is free, so you don’t have to worry about it costing you anything upfront.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit