Multi-Car Collision in Florida: Who is Liable?

Not too long ago in New Port Richey, Florida, a driver suffering from a medical emergency caused a traumatic five-car chain reaction crash, injuring five and resulting in extensive road closures [1]. According to reports, the driver had suffered an unexpected seizure, which caused her to depress the gas pedal and accelerate. The driver's passenger then made a split-second decision to steer the vehicle into oncoming traffic in order to avoid hitting vehicles stopped at a red light. This in-turn caused the multi-car collision. What a scary and random situation! With multiple cars involved, injuries sustained, and potential defenses to liability, this real-life accident can be used as a test case for answering the question: Who is liable for a multi-car crash in Florida?

What is a multi-car collision?

A multiple vehicle collision (aka multi-car collision, vehicle pile-up, or chain-reaction crash) is a traffic accident that involves more than two vehicles, ranging from three to perhaps dozens. Generally, these incidents occur in high volume, high speed areas, such as highways or major city roads. Pile-ups are most often caused by a few conditions:

• Following too close
• Low-visibility due to weather
• Reduced traction due to icy or wet roads

The most common scenario in which a multi-car collision occurs involves a car suddenly coming to a stop, leaving too little time for the driver behind them to stop. This abrupt stop causes the rear driver to hit the front driver. If there is another car behind the second driver, the process is repeated and multiple cars find themselves in an accident. Because these types of accidents often occur on roads with high traffic volumes, this initial crash often causes even more cars to be forced into erratic braking and skidding and/or swerving into other lanes and in front of oncoming traffic. This, of course, often increases the number of people involved even more [2].

Florida Comparative Fault Law

Each state adheres to its own laws for determining fault in multi-car collisions. While some states prohibit recovering damages if you were more than 50% liable for the accident, a small number of states will prohibit recovery if you were even 1% at fault for the accident. Florida, however, follows what is known as a “pure comparative fault” system.

Florida law states that “contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and non-economic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery” [3]. In other words, if your personal injury attorney successfully litigates your claims, then whatever amount you are awarded for injuries, say $10,000, is reduced by your percentage of fault. For example, if the jury found that you were 10% at fault for the accident, then you would only be able to recover $9,000, a 10% reduction from the original $10,000 reward.

Further, Florida has abolished “joint and several” liability, which is an old legal principle that allowed you to choose who you wished to recover the full amount of damages from [4]. For example, let's say you were driving Car A and were injured in an accident caused by both Car B and Truck C. The jury determines that you are 0% at fault for your injuries, but that Car B is 90% at fault and Truck C is 10% at fault. If Truck C had better insurance than Car B, you used to have the right to demand that Truck C pay ALL of your damages, despite sharing fault with Car B. This is no longer the case in Florida, and as such, every driver involved in a multi-car collision will only be responsible for the percentage of fault attributable to them. So in this example, Car B will be responsible for 90% of damages and Truck C will be responsible for the other 10%. 

When a Driver Suffers a Medical Emergency

If you are involved in a car crash or truck accident, including a multi-vehicle accident, the primary legal ground for recovering damages is a cause of action called “negligence.” In order to show that another driver was negligent, your attorney must prove the following elements:

Duty: The driver had a duty to others to operate his or her motor vehicle in a safe manner and in accordance with Florida law;

Breach: The driver failed to take measures to operate the vehicle in a safe, reasonable, or legal manner;

Causation: As a result of the driver's breach, you were involved in a traffic accident, and

Damages: As a result of the accident, you sustained injuries or other compensable damages..

[Click here for more detail on causation.]