What Happens in Car Accident Cases With Multiple Defendants?

Car accident cases are almost always complicated in some way, but when there are multiple cars involved — or multiple parties involved in the claims process — it gets even more convoluted. 

This is especially true in North Carolina, which is one of only four states and the District of Columbia that follows the pure contributory negligence rule. (Alabama, Maryland, and Virginia are the other three). 

What Is the Pure Contributory Negligence Rule?

In North Carolina, if a judge and/or jury determines that you are at fault in any manner — even if you are just 1 percent at fault for the car accident and that your negligence was a proximate cause of you injuries— you cannot recover a penny in damages from the other party, even if the other party is 99 percent at fault. 

Example: 

Consider a scenario where you're involved in a car accident in North Carolina. Let's say you were driving 5 mph over the speed limit when another driver, heavily intoxicated, ran a red light and collided with your car. Although the other driver clearly bears substantial blame for the accident, because you were technically breaking the law by speeding, a judge and/or jury could find you to be 5% at fault for the accident.  

Under North Carolina's pure contributory negligence rule, despite the other driver being 95% at fault, you would not be able to recover any damages from them due to your minor contribution to the accident. This rule is highly stringent and can lead to seemingly unfair outcomes, which is why most states follow the comparative negligence rule instead. 

In most states, the comparative negligence rule is followed, which assigns percentages of fault to each party and determines the amount of the damages based on the percentage of fault. 

If there are multiple cars or multiple defendants involved in the case, the chance that there are multiple people at fault increases. If you are determined to have no fault, then you will be able to seek damages from all the parties that were determined to be at fault. 

What Is Vicarious Liability? 

One thing you might encounter if you’re involved in a car accident case with multiple defendants is vicarious liability. What’s that? 

• Vicarious liability is when one person, business or entity assumes liability for the actions of someone else. For example, in a car accident involving a company vehicle, if the person driving the company vehicle is at fault, the company would assume liability for the crash. Often, though, an experienced personal injury attorney will go after both the driver and the company.  

What Happens When Multiple People Are at Fault? 

When multiple people caused the accident, then if you are 0 percent at fault, your personal injury attorney can go after all of the other people who caused the accident. 

But there are also downsides to having multiple defendants: 

• Multiple defendants often means multiple defense lawyers, which always makes things more complicated. 

• If there are multiple defense lawyers, there are multiple angles by which they will try to discredit you and give you less than you deserve — or nothing at all. 

If you have been involved in an accident and there are multiple defendants involved, it’s imperative that you contact an experienced personal injury law firm like Robert Armstrong’s office, immediately. 

What to Do After a Car Accident 

If you find yourself involved in a car accident, it's crucial to know the appropriate steps to take. I'm here to guide you through this process. 

Firstly, always prioritize your safety and the safety of others involved. If possible, move to a safe location away from traffic. Call an ambulance, even if everyone appears to be fine.  

Next, call the police. They'll document the incident, which can be invaluable when filing an insurance claim or if legal action becomes necessary. Don't forget to take down the information of any other drivers involved and gather contact details from witnesses, if there are any around. If possible always take pictures or video of the scene and vehicles involved.

It's also essential to seek medical attention, even if you don't feel injured immediately after the accident. Some injuries may not present symptoms right away. Plus, if you go to the doctor, you'll receive proper documentation of your injuries and treatment, which can strengthen your case. 

In addition to seeking medical attention, it's vital to contact a personal injury attorney who specializes in car accident cases. They can guide you through the process of filing an insurance claim or taking legal action if necessary. With multiple parties involved, having an experienced lawyer on your side is crucial for protecting your rights and seeking adequate compensation. 

Consult a Wilmington Car Accident Attorney

Cases involving multiple defendants take a lot more time, preparation, and legal experience, and without that expertise, you could be missing out on the money you are owed. 

Contact my firm in Wilmington, North Carolina, today for help. As a personal injury and car accident attorney, I am proud to serve clients throughout North Carolina. I represent clients in New Hanover County, Pender County, Brunswick County, and Onslow County.

No matter where you're located in our great state, I'm here to assist you with your personal injury needs. Remember, it doesn't matter where you are, it matters who's on your side. Reach out to me, Robert Armstrong, for trusted, compassionate legal support.