Can All Motorists Recover for Injuries and Damages in a Multi-car Accident?
You are driving home during rush hour on I-95 in South Florida when the car behind you, in an attempt to get around you and to wherever he is going in a huge hurry, gets too close to your car as he changes lanes. In the process of accelerating to pass you and get into the next lane, he clips the back of your car, causing it to spin out and hit the median. Although your car is totaled, you are able to walk away from the accident with minimal injuries. In the process of recklessly rushing, the other driver slams into another car that was in his blind spot when he changes lanes, also totaling that car and simultaneously causing much worse injuries to the other driver than you. The other injured motorist has to be rushed to the hospital after the firefighters are finally able to cut her out of her car. The negligent motorist is just as responsible to every single other person or person(s) that he or she has injured in a motor vehicle accident. Just because someone else was also injured in the same incident as you does not mean that you do not have a basis to recover for your own injuries and damages. You have the same rights under Florida law to recover for your injuries and other damages caused by someone else’s negligence, as every other victim of the same motor vehicle accident or other incident. This is true no matter how many other injured parties there were.
However, there often are issues that may arise when the insurance limits of the driver that caused the accident may not adequately cover the value of the claims by all the injured parties in a particular accident or other personal injury incident. For example, where there are multiple injured parties, the insurer for the motorist that caused the accident often will pay out more (or even the entire policy limits available) to the party with the worst injuries as a result of the accident. Nevertheless, just because there does not appear to be sufficient insurance to cover every party that was injured in a particular incident does not mean that you should not seek to recover every penny in damages that you can if you are injured as a result of someone else’s negligence. This is where the experience of the personal injury attorneys at Schwed, Adams & McGinley can come in handy by ensuring you maximize the chances of a greater recovery for your injuries and other damages suffered as a result of someone else’s negligence regardless of how many other individuals were injured in the same incident as you.
Every Injured Party Has The Same Rights under Florida Law to Seek Compensation for their Injuries and Damages Caused by Someone Else’s Negligence
Regardless of their identity or the extent of their injuries or other damages as a result of an incident, all of the victims of someone else’s negligence have the same right to seek full compensation and recover whatever injuries and damages they may have suffered as a result of someone else’s negligence. If you are injured or damaged in some way by someone else’s negligence, then you have the ability to recover for that in a lawsuit against the person that injured you or caused you damages. However, just because everyone has the same rights to seek compensation does not mean that everyone will receive the same amount from a settlement with the insurer for the party that caused the accident.
Practical Considerations if Multiple Persons Are Injured in the Same Accident in Florida
In any personal injury case, the amount of insurance available to cover the injuries and damages of the injured parties is one of the most important considerations that comes into play when evaluating what you can expect to receive from any personal injury claim. Every driver in a motor vehicle accident only has so much insurance, regardless of whether there is one other person or ten other people that are injured in a particular accident. Thus, the more parties that were injured, the more people that are splitting a limited pot of money. In many instances, the insurer for the party that caused the accident will evaluate the claims of each victim in a multi-party accident like this and, in an attempt to keep itself from being sued by those victims, will pay out more to the victim(s) that were injured the worst in an accident.
However, even if you were not the worst injured in a multi-victim motor vehicle accident, there are also other avenues that a creative attorney can pursue to ensure his or her client receives full compensation when injured as a result of someone else’s negligence, even in a situation like this. For instance, an injured party’s attorney can seek recovery from a victim’s own uninsured/underinsured motorist insurance coverage, if the accident victim is carrying that type of insurance at the time of an accident. This may help to ensure a higher recovery than if relying solely on the insurance coverage provided by the insurer for the party that caused the accident.
Contact Schwed, Adams & McGinley, P.A.
Motor vehicle accidents are extremely common on the busy highways and roads of South Florida and often can involve multiple parties. At Schwed, Adams & McGinley, P.A., our experienced personal injury attorneys have more than 150 years of combined legal practice representing victims of motor vehicle accidents and other personal injury scenarios in Florida, including in motor vehicle accidents where there may have been multiple victims of one motorist’s negligence. If you were injured due to someone else’s negligence in an incident in which other persons also were injured, then you have the right under Florida law to receive compensation and recover for your injuries and damages, just as do the other victims of that person’s negligence. However, there are steps that the right personal injury attorney can take to ensure that your recovery is maximized in such a scenario. Therefore, if you, a family member, or a loved one have been injured in a motor vehicle accident caused by someone else’s negligence in Florida, contact the experienced personal injury attorneys at Schwed, Adams & McGinley, P.A today at 877-694-6079 or contact@schwedlawfirm.com for a free consultation.