Phoenix, AZ – There are some accidents that involve several cars, and it is possible that a driver will be struck and pushed into other vehicles nearby. The driver can still follow the standard procedures at the scene for contacting law enforcement and making an insurance claim. However, when the lawsuit is filed by an attorney, there may be some changes made or additional steps taken based on the principles of comparative negligence.
Negligence lawsuits against all drivers
In scenarios where multiple cars are involved, the plaintiff’s attorney will have to figure out who is at fault and what percentage of damages are owed by each driver. This can be done by filing a negligence lawsuit. All the other drivers involved may initially be sued by the plaintiff and their lawyer.
Multiple parties and comparative negligence
It is possible for a negligence lawsuit to name multiple defendants at once. Arizona uses a system of comparative negligence that allows all drivers involved to collect partial damages, even if they are somewhat or mostly at fault for their own injuries. This means that the plaintiff may collect damages from one or all of the other drivers, and their damage award may also be reduced based on their amount of fault for the collision. Personal injury attorneys can explain the principles of negligence more thoroughly and give an explanation of how they may be applied to the accident in question.
Many other states use principles of contributory negligence that may prevent a victim from bringing a case if they are at fault for the collision, so this set of rules tends to help in situations where multiple vehicles are damaged.
In order to make a successful claim, the attorney must prove that each defendant was responsible for all four elements of negligence. These are a duty of care, breach of the relevant duty of care, actual and proximate causation, and losses or damages. If even one of these elements is missing against any defendant, the plaintiff cannot collect money from them. It is possible that some cars involved may be found negligent by a jury while others are not if there are multiple drivers implicated in the collision. A settlement is also another way to conclude the case when fault is clear.
Help for accident victims in Arizona
Southwest Injury Law is a firm that is dedicated to helping local clients in Phoenix receive the maximum amount of compensation allowed by law after an injury. Anyone who needs to meet with an attorney to discuss their accident can get in touch with the firm to learn more about lawsuits and representation.
Firm contact info:
4425 North 24th St., Ste. 225, Phoenix, AZ 85016