Getting Compensation for Interstate Pile-Up Accidents

Imagine you are driving down I-55 when the car in front of you stops short and you don’t have enough time or distance to effectively brake. You collide with the other car’s rear end, when suddenly you feel a second impact as the car behind you crashes into your vehicle as well. Unfortunately, interstate pile-up accidents happen quite often, and a momentary lapse of concentration, a sudden rainstorm, or other factor may create a situation where you and a number of other drivers are involved in an accident. If this happens to you, you will want to know how you can get compensated for your injuries, as well as what to do if the driver or passengers in another vehicle involved in the pile-up seek to hold you accountable. The good news is that an experienced motor vehicle accident attorney here in Mississippi can help you with your legal needs.

What are the Main Causes of Interstate Pile-Up Accidents?

While many accidents involve only one or two vehicles, pile-up accidents that involve three or more cars usually happen on interstates. This has to do with the fact that traffic moves faster on these roads, and there are no stop signs and lights to control the flow of traffic. As a result, we tend to see more multi-vehicle accidents happening on these roads.

A number of things may contribute to or cause a pile-up accident. A heavy rainfall like a summer thunderstorm may make the road slick, reducing traction and requiring drivers cars and trucks to need more distance in order to come to a full stop. This is especially true if you are driving in rush hour traffic. 

There are things drivers may do that can also cause a pile-up. A distracted driver who is busy using their cellphone or accessing their vehicle’s infotainment system may inadvertently cause an accident. Their vehicle may drift into an adjacent lane, or they may not notice the vehicle in front has slowed down. A momentary lapse of concentration is all it takes. Rubbernecking is also a problem. Some drivers like to look at billboards or glance at other accidents they pass while driving, taking their eyes off the road just long enough to cause an accident. Finally, a major problem we see in Mississippi are drivers who tailgate and speed, putting themselves and the drivers and passengers in other cars around them at risk. 

What are the Challenges in Determining Fault?

Mississippi uses a fault-based system for determining liability and compensation in vehicular accidents. This means that a party must prove that the other driver is at least partly at fault for causing the accident. This is what is meant by the comparative negligence system used in Mississippi. In an interstate pile-up, this determination can be very difficult.

In general, the car in front is usually not considered at fault, as the driver in the second car should have maintained adequate stopping distance to prevent the initial collision. However, if it can be shown that the front car cut off the second car, in other words changing lanes without providing adequate distance, then the car in front may be liable.

Complicating matters are the secondary collisions. In a pile-up, there are often one or more additional crashes after the first one. Fault will need to be determined for such secondary and tertiary collisions. In addition, the parties will need to show how much those additional collisions contributed to the injuries of the driver and passengers in the first two vehicles, as well as the damage that occurred to their cars.

What Can You Do If You are Involved in a Multi-Vehicle Accident?

If you are involved in a pile-up accident here in Mississippi, the first thing you should do is to contact the police and seek medical attention. The police will be able to assess the situation, collect information on each driver and passenger involved, and provide a police report. This will give you vital information for making an insurance claim and seeking any compensation from third parties. You should also get immediate medical attention. Even if you feel fine, you may have suffered internal injuries that you are not aware of. Also, getting medical attention will help you with any subsequent claims for personal injuries from the accident. If you possible, you should use the camera on your phone to record pictures and video of the accident scene. This can be used as evidence as well.

Under Mississippi’s comparative negligence system, each party will be assessed a percentage of fault for the accident. If you are not at fault for anything, then you will not have to worry about compensating anyone for their injuries. However, if it is determined that your actions contributed in any way to the pile-up, then you will have your damages reduced by such a percentage, and you will face potential exposure for any damage claims from others involved in the accident at an amount equal to your comparative negligence percentage.

As soon as possible after the accident, you should contact your automotive insurance company. Delays in filing claims could negatively impact your ability to collect from your insurance company, as well as those of the other drivers. Keep in mind that Mississippi has a three year statute of limitations for traffic accidents. So, if you plan to sue any of the drivers, you will need to do so before that period expires.

If You are Involved in an Interstate Pile-Up, call Chatham Gilder Howell Pittman

Multi-vehicle accidents can be very complicated. The experienced motor vehicle accident attorneys at Chatham Gilder Howell Pittman can help you get the compensation you need for your injuries, while defending you against the claims to others who were involved in the accident.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.