Frequently Asked Questions - Who Is Liable For A Head-On Collision?
A head-on collision is an extremely dangerous vehicle accident usually involving an error by the drivers of one or more cars. The reason why an error in judgment has probably occurred is due to the placement of the cars. In order for a crash to be called a “head-on” collision, the front of the cars must impact. This type of front-to-front collision is most common at an intersection or on a highway when cars travel opposite directions close together.
A head-on collision is also called a frontal crash. It is when cars driving in opposite directions crash front to front. Any car accident can cause injury, but statistics show that head-on crashes are even more likely to result in serious harm or fatality to the driver or passengers in either vehicle. Head-on Collision is a very serious type of accident. The fatalities of this car accident are dreadful. It occurs when a car hits the front side of another car. It is a kind of frontal crash that damages both cars. In most cases, a car having high speed gets direction in a turning point and hits another car suddenly. On the roads, a car may make a sudden change of lane on the wrong side and hit another car coming from the opposite direction. Improper lane change causes a very serious accident according to the NHTSA. Every driver has a legal obligation to avoid harming others. That includes being alert, sober, rested, and paying attention to the road. If a driver is under the influence of alcohol or drugs (which includes any prescription or over the counter medication that could cause impairment), they are not exercising a duty of care. A driver is negligent if their conduct was outside of what's expected of a reasonable person. This might be driving the wrong way on a one-way street, entering a highway using an off-ramp, or driving with excessive speed.
There are a number of ways that you might go about proving liability on a head-on collision. You might rely on eyewitness testimony who saw the crash. You can look at the accident report to see if it contains helpful evidence such as drawings of the events leading to the collision or names and contact information of witnesses. You can also look at skid marks and debris. In some cases, it may be necessary to use the services of an expert in accident reconstruction. They may be able to evaluate the damage and other evidence to determine the speed at the time of the collision. Finally, if the cause of the crash might be a defective design or manufacturing defect, you may need to have your vehicle professionally inspected and conduct research to see whether other drivers have had similar problems. The driver who violated traffic rules may hit the car in front and is going to be more likely to be at fault. On the other hand, if another car violates traffic rules here, the driver is going to be more likely to be a fault. Taking pictures of the accident, collecting statements from the witnesses, and police reports are highly important to prove that another car was at fault in this accident that makes you suffer. This claim will likely be investigated through street cameras or by the testimonies of witnesses.
It could happen for a mechanical reason like brake failure or a power steering outage. Usually, a head-on accident is caused when one driver is on the wrong side of the road. Often, it is because of drunk or distracted driving (like driving while texting), unsafe passing, drowsy driving, or some other kind of confusion behind the wheel like an elderly person who accidentally enters a highway in the wrong direction. There are other reasons why drivers might swerve into the opposite lane, like if they are avoiding an animal, debris in the road, or an icy patch.
The impact of a crash might send each car in a different direction, which means it could be hard to know immediately how the crash occurred. Your personal injury attorney can hire an expert such as an engineer or accident reconstruction specialist who will determine the cause of the accident and who is at fault. Unfortunately, whether it's an insurance claim or if it becomes a personal injury lawsuit, the burden of proof is on the plaintiff (the injured person or survivors) to establish what they are owed by the defendant (the at-fault driver). For any injury claim, the plaintiff must prove that their injuries were directly caused by the defendant's actions. For example, you would not have sustained a head injury but for the defendant's swerving into your lane and causing the accident.
Statistics estimate that only two (2) % of crashes are head-on collisions, but they account for well over ten (10) % of driving fatalities. The most common types of injuries related to a head-on collision include spinal injuries, brain injuries, catastrophic injuries, broken bones, paralysis, and even death. The Insurance Institute for Highway Safety reported a 58% fatality rate for vehicle occupants in frontal impact crashes in 2017. A head-on crash is more likely to occur in a rural area and 13% of all rural fatal crashes are head-ons. In urban areas, fewer than 7% of fatal crashes are head-ons.
Following an accident, the fault may not be obvious and you may not know what to do or be aware of your rights to recovery. An experienced auto accident attorney from Trial Pro in Central Florida can evaluate your situation, conduct investigation, and help you determine whether you have the right to financial recovery from the other driver or a third party. Remember even if you were partially at fault for your accident, you may still be able to recover under Florida Law.
If you have been injured in an auto accident and your insurance is not providing you coverage as specified under your policy, speak to an experienced Central Florida personal injury and car accident lawyer at Trial Pro. Call us at Trial Pro, P.A at-1-800-Trial Pro.