Where You In a Chain Reaction Car Accident?
All car accidents have the potential to be extremely dangerous, but when multiple vehicles are involved in a chain reaction car wreck, the risks increase considerably. The serious personal injuries and losses you might experience in a car crash of this magnitude are likely to be significant, and questions of liability can be quite complicated. This makes it even more critical to have the skilled legal representation of an experienced Texas car accident attorney.
At Miller Weisbrod Olesky, our car accident lawyers are committed to exploring all legal remedies available to our clients and aggressively fighting for the compensation they deserve.
Car Accident Lawyers
888-987-0005
Our team of personal injury attorneys is led by Clay Miller, a Board-Certified Personal Injury Trial Law Specialist. Due to the rigorous jury trial and testing requirements, this is a distinction achieved by less than 2% of all Texas attorneys. We offer free, initial case reviews to all prospective clients and NEVER charge any attorneys’ fees or costs unless/until we successfully secure a favorable settlement or verdict on your behalf.
Company Vehicle Accident:
Our client was hit head on by a company truck. Her vascular system was badly damaged and over the course of a month her lower leg’s blood flow was so compromised that serious gangrene set in leading to an amputation.
Chain Reaction Car Accidents Statistics Texas
While fatal single-car accidents are somewhat more likely than fatal multiple-car accidents across the nation, the opposite is true in the State of Texas. Consider the following statistics shared for 2022:
- Across the United States, 53 percent of all fatal traffic accidents involved one vehicle, and 47 percent of all fatal traffic accidents involved multiple vehicles.
- In Texas, 49 percent of all fatal traffic accidents involved one vehicle, and 51 percent involved multiple vehicles.
- Texas was a close second in terms of the total number of fatal car accidents for the year – coming in at 4,408, which is just under California’s 4,428.
- Texas had considerably more multi-car accidents than any other state – with 2,268 as compared to California’s 1,953.
When driving in Texas, you are at a higher risk of a devastating multiple-car collision than in most other states. Even if you are cautious and adhere to all traffic laws, you can’t control the actions of other drivers on the road. If you were involved in a chain reaction car accident, it is crucial to seek the assistance of a car accident lawyer who can protect your rights and interests.
Types of Chain Reaction Accidents
As the name implies, a chain reaction car accident begins with a single act of driver negligence, which leads to a chain reaction of events that ends in a pileup of multiple cars.
Rear-End Accidents
Rear-end collisions make up about 29 percent of traffic accidents, making them the most common type of crash. These collisions also regularly lead to chain-reaction rear-end crashes.
Distracted driving plays a major role in rear-end pileups. Often, one driver collides with the back of another car, coming to an abrupt stop. Another driver might not be paying attention as they approach the crashed vehicles, and they might hit the back of the rear car. This might happen multiple times, until many vehicles have crashed in a line.
Rear drivers are often presumed to be at fault for rear-end collisions. However, just because a motorist finds themselves in the middle of such a pileup doesn’t mean they necessarily share fault.
For example, if you were driving safely, slowed your speed to accommodate the slippery condition of a road, and left plenty of distance between your own vehicle and forward traffic, you took all the precautions necessary to respond safely to the rear-end accident in front of you. The motorist behind you, however, may not have been so careful, and their vehicle’s momentum could push your car into the chain reaction rear-end car accident ahead.
This is a prime example of exactly how complicated liability in rear-end pileups can be. While it may appear as if only the front driver in a rear-end pileup is without fault, this isn’t always the case, and more than one motorist may have a claim. A car accident lawyer should sort out the liability of drivers in your specific circumstances.
Accidents in Intersections
Intersections are where traffic moving in many different directions converges, making them somewhat chaotic in the best of times. Intersections are nevertheless essential, and when every motorist traveling through an intersection follows the rules, traffic can flow quite smoothly. When, however, even one motorist is distracted, impaired, speeding, or otherwise negligent, it can set off a chain reaction.
The Texas Department of Transportation shares that in 2023, 1,120 people lost their lives in intersection accidents statewide, which is considerably more than the 1,030 intersection fatalities in 2022. At the national level, the U.S. Department of Transportation (DOT) reports:
- Each year, about a quarter of all traffic fatalities occur in intersections.
- Each year, about half of all traffic injuries occur in intersections.
- From 2018 to 2022, the number of traffic fatalities involving an intersection steadily increased – while the number of total fatal traffic accidents did not.
Even if motorists survive intersection pileups, they can have life-changing injuries and costly losses. In this situation, you must have the right legal assistance and ensure you seek full compensation from the proper parties.
Sideswipe Accidents
Sideswipe accidents occur when one motorist swipes into the side of another vehicle traveling in the same direction. The impact can send the vehicle that is struck into another lane of traffic, which can lead to a chain reaction accident. Barreling into another lane of traffic after losing control of one’s vehicle can cause havoc on the road, and the risk factor escalates if:
- The traffic in that lane is traveling in the opposite direction, resulting in a head-on collision
- The chain reaction happens on an Interstate highway at high speeds
Sideswipe accidents are often caused by the at-fault driver’s distraction, excessive speed, or failure to check their blind spots – or to even glance over – before changing lanes. This driver is generally the initial cause of the chain reaction accident, while the motorist who is struck is often blameless. When there is a pileup in that second lane, any drivers who are involved may or may not be at fault – depending on the unique circumstances of the accident.
Wrong-Way Driving Crashes
Wrong-way driving crashes often involve motorists on high-speed divided highways or access ramps traveling in the opposite direction of traffic’s flow. Such accidents tend to be devastating, and the initiating event of the chain reaction is usually clear – the motorist who is driving in the wrong direction.
Wrong-way driving events often cause unsuspecting motorists to panic, as they might have no safe options and are shocked to encounter someone barreling toward them. The number of vehicles in the ensuing pileup can be significant. While the driver who made the major mistake of driving the wrong way can be identified as the original cause of the accident, the negligence of one or more of the other motorists involved may contribute to the accident’s overall impact, and more than one car accident claim may result.
Wrong-way accidents are often the result of serious negligence, such as drunk driving, and drivers might face both criminal charges and civil liability. Further, since 2018, the total number of annual wrong-way driving fatalities in this country has steadily increased from 445 to 704. These fatal crashes might lead to wrongful death claims benefiting surviving family members.
Spin outs or Loss of Control
Spin outs refer to accidents in which drivers lose control of their vehicles and end up spinning across the road. These are often due to drivers who fail to reduce their speed in response to slippery roads, which are generally caused by rain or ice.
When a motorist spins out, it’s very difficult to predict what will happen. They can land off the road without causing any additional damage. In the process of spinning out, however, the driver can also fly into other traffic, which can lead to a deadly pileup.
The bottom line is that every motorist is required to adjust their speed and their traveling distance in response to the road and other hazardous conditions. In a weather-related pileup, more than one motorist could be at fault due to driving too fast or recklessly.
The above are only some of the many kinds of motor vehicle accidents that can lead to a chain reaction pileup. Every car accident claim must be carefully considered in relation to the chain of events that led to the final results. If you were injured in one of these terrifying crashes, you need a highly experienced car accident attorney backing you up in the aftermath.
Who is at Fault in a Chain Reaction Car Accident
When two motorists are involved in a car accident, and it’s clear which motorist is at fault, the resulting car accident lawsuit might be relatively straightforward. When there are more than two drivers involved due to a chain-reaction pileup, determining who should bear fault in your claim becomes far more challenging. This makes obtaining just compensation difficult, and working closely with a trusted car accident attorney is always advised.
Determining fault in these very complex accidents comes down to investigating what happened and analyzing the available evidence. Then, your attorney can try to pinpoint which driver set off the chain reaction and how the accident proceeded from there.
It’s important to note that, while pileups are often initiated by one driver’s negligence, it doesn’t mean that some of the other motorists involved didn’t engage in negligence of their own. Every motorist is responsible for reacting safely to whatever they encounter on the road, and this includes sudden accidents.
For example, if a driver is following too close to the motorist who set the chain reaction rear-end collision in motion, they may also be at fault. Your car accident attorney will advise which insurance companies owe you compensation based on the liability of each driver involved.
Negligence occurs when a person or entity violates their duty of care by knowingly acting in a way that puts others in harm's way Behaviors like running a red light, speeding, and failing to yield or stop correctly are examples of negligence on the road that put others on the road at significant risk.
The four key elements in proving negligence are:
- Duty: Each driver has a duty of care to other drivers by following the rules of the road and obeying the traffic laws. The plaintiff is responsible for proving that the defendant owed them a duty of care at the time of the accident.
- Breach: The plaintiff must provide proof that the defendant failed to meet their duty of care. This could be through a specific negligent action, such as failing to stop at a red light or driving too slowly.
- Causation: The plaintiff must be able to prove that the defendant's breach was the proximate cause of the crash and/or their injuries.
- Damages: The final requirement for proving negligence involves the plaintiff demonstrating that they suffered actual harm or damages due to the defendant's actions.
It is important to note that there are strict time limits for filing a personal injury lawsuit, which is why you shouldn't wait too long to consult with a car accident lawyer. A knowledgeable personal injury attorney can help you navigate the complexities of your claim by identifying all potentially liable parties and ensuring necessary paperwork is filed correctly and within the appropriate time frame.
Building a Case with Strong Evidence
Gathering quality evidence for your chain reaction car accident claim will play a key role in how favorably it is resolved. Examples of evidence that is likely be involved includes:
- The testimony of eyewitnesses, including other drivers
- Footage from dash cams and any traffic cameras in the vicinity
- Photos and videos taken by onlookers at the scene of the accident
- The testimony of expert witnesses with relevant professional knowledge regarding how the accident happened
- Professional accident reconstruction models that help others visualize the mechanics of the chain reaction accident
- The police report and any citation issued by the attending officers
- Your own account of how the accident happened
- Physical evidence gathered at the accident scene
Sufficient evidence in your chain reaction car accident case is crucial. It is essential to collect this evidence before it is altered or destroyed. If you fail to act quickly, you could potentially jeopardize your ability to effectively support your claim. Your dedicated car accident attorney will spare no effort in their pursuit of the evidence necessary to build your strongest claim to prove liability.
Available Legal Damages
If you were injured by another driver’s negligence in an accident involving multiple drivers, you can seek compensation for your losses. While losses vary in each situation, some common losses include the following:
- Property damage to your vehicle and anything in it
- Past and future medical bills for all injury-related treatment
- Your lost income, including a diminished earning capacity if your career is derailed or set back due to your injuries
- Physical and emotional pain and suffering
Statute of Limitations for Car Accident Cases in Texas
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file your case. The deadline shifts to two years from the date of the victim's death if you are filing a wrongful death action. Failure to file a lawsuit by its statutory deadline could result in you losing your ability to file altogether. A knowledgeable personal injury attorney can ensure you meet all deadlines and build a strong case on your behalf.
Working With Your Car Accident Attorney
Your car accident attorney will play a pivotal role in your chain reaction car accident claim, including capably handling each of the following:
- Getting to the bottom of what caused the accident and how it evolved through careful evidence gathering and analysis
- Handling each step of the legal process, avoiding the common mistakes that most unrepresented claimants make
- Building a solid claim that is difficult for the involved insurance company to argue with
- Communicating with the insurance company on your behalf – insurance companies are in the business of making money, and they use many tactics to minimize settlements
- Skillfully negotiating with the insurance company for a settlement that fairly addresses your full range of legal damages
- Being well prepared to take your case to court if the involved insurance company refuses to negotiate fairly
Experienced Car Accident Attorneys
The car accident attorneys at Miller Weisbrod Olesky welcome the opportunity to advocate for your legal rights and for the compensation you deserve from liable parties. Trying to untangle liability issues and deal with insurance companies is never something you should try to do alone, especially when dealing with serious injuries. Fortunately, professional help is available at no upfront cost to you.
Your claim is important to your future, and time is limited in Texas car accident claims. Begin your car accident investigation today. Call our offices at 888-987-0005 or fill out our online request form for more information.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Car Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000 jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
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Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member