It is not unheard of for a person who is injured in one car accident to subsequently be injured in another car accident before he has completely healed from the first accident. The person’s bad luck can continue when he tries to receive compensation for his injuries from the drivers who cause the car accidents, only for each driver to blame the injuries on the other. Fortunately, the law does have a way to assist the victim so he is not left paying for the injuries himself.
Generally, if the injuries are distinct and can be traced to the first or second accident, then the drivers involved in each accident are responsible for the injuries they cause. The costs to be paid by each negligent driver are divided according to the percentage of fault the jury determines each driver is responsible for in causing the victim’s injuries. For example, if the negligent driver in first accident is found to be sixty percent at fault for injuries, and the negligent driver in the second accident is found to be forty percent responsible for the injuries, the drivers will be required to compensate the injured person for his expenses according to these percentages.
The problem usually arises when the accidents cause injuries to the same areas so that it is difficult to tell which accident caused what harm. It can be difficult to tell whether aggravation to an earlier injury is due to a natural progression of the injury from the first accident or a new injury from the second.
When there is aggravation of existing injuries, then the driver responsible for the first accident is required to pay for those injuries. In some cases, if the injuries from the first accident and the second accident cannot be separated, then the driver from the first accident can still be required to compensate the injured person in full. This is sometimes referred to as the indivisible injury rule and is supposed to ensure that the plaintiff is not left without compensation when it is clear he was injured by the negligence of another person.
If there are multiple negligent drivers in one accident, the injured person should still seek compensation from all the drivers responsible. The injured person is still required to prove that the other drivers caused his injuries. It is possible for the injured person to present evidence of which driver caused the accident through accident reconstruction. There may also be additional ways in which the injured person can prove the other drivers are at fault and receive the compensation he deserves.
Contact Us for Legal Assistance
If you were injured in an accident that was a result of a negligent driver, and then suffered additional injuries in a subsequent accident, you do not have to foot the bill for all your injuries. To find out more about how you can seek compensation from the negligent drivers who caused your accidents, contact an experienced car accident lawyer at Vocelle & Berg, LLP, in Vero Beach, Florida for a free consultation.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html