Head-On Collisions & Related Lawsuits
Head-on collisions occur when the fronts of two vehicles traveling in opposite directions make contact. They make up a relatively small percentage of overall car crashes but often produce devastating results. These collisions may stem from impaired driving, distraction, inappropriate lane use, mechanical failure, hazardous weather, or poorly maintained roads.
Immediate Steps After a Head-On Collision
It is critical to check on the well-being of anyone involved and call 911 so that emergency responders can provide medical assistance and law enforcement can compile a police report. Seeking immediate treatment is advisable even when no injury symptoms are apparent at the scene, since some serious conditions may not manifest until later. Photographs of vehicle damage, road signs, skid marks, and debris can help reconstruct the events that led to the crash. Exchanging insurance and contact information with other parties is essential, as is gathering the names and contact details of witnesses. If it can be done safely, moving vehicles out of the path of traffic or activating hazard lights can reduce the risk of secondary collisions.
Proving Liability
In order to recover compensation, an injured person generally must show that the other driver’s negligence led to the collision. Negligence is typically proven by establishing that a defendant owed a duty of care, that the defendant breached this duty, that this breach caused the accident, and that the plaintiff suffered damages. All drivers are required to act as reasonably prudent people would act under the circumstances. Behavior such as driving while intoxicated, driving on the wrong side of the road, using a phone while operating a vehicle, or failing to adjust to road hazards or inclement weather may indicate a breach of this duty.
Comparative and Contributory Negligence
Some crashes involve shared fault. States apply different legal doctrines when multiple parties are to blame. In states that use contributory negligence, a driver even slightly at fault may be prevented from recovering any damages. Most states have adopted comparative negligence systems, which reduce a plaintiff’s damages in proportion to their degree of fault. Pure comparative negligence states allow a plaintiff to recover damages even if they are 99% at fault, whereas modified comparative negligence jurisdictions set a threshold of 50% or 51% fault, at or above which a plaintiff cannot recover.
No-Fault Insurance States
Certain states maintain no-fault insurance rules. These states generally require drivers to carry personal injury protection, which can cover some financial losses after a collision regardless of who is at fault. Victims in these states usually turn to their own insurers for initial coverage of medical bills or a portion of lost wages. However, severe or permanent injuries may allow a plaintiff to step outside the no-fault system and bring a liability claim against the at-fault driver.
Statutes of Limitations
All states impose strict deadlines for filing lawsuits after a collision. The period can vary markedly from one year to several years. If a lawsuit is not filed before the deadline runs out, the right to sue for damages is lost. Some states recognize exceptions for injured minors or when the injury could not have been discovered until later. Additional time limits may apply when the potential defendant is a governmental entity.
Insurance Coverage and Investigations
Insurance companies usually investigate head-on collisions by reviewing the police report, interviewing involved parties, and consulting expert opinions. The at-fault driver’s liability insurance is commonly the main source of compensation for injuries and property damage. If that driver lacks insurance or has a policy limit that does not fully cover the damages, the injured person may pursue compensation through uninsured or underinsured motorist coverage. Policy limits may affect how much a victim recovers. Some states allow stacking of coverage, whereby a policyholder with multiple vehicles can increase their available coverage.
Damages in a Head-On Collision
A person who proves that another driver’s negligence caused their injuries may be entitled to economic and non-economic damages, including the costs of past and future medical treatments, lost wages, diminished earning capacity, property damage, pain and suffering, emotional distress, and reduced quality of life. The total damages award or settlement typically aims to account for short-term and long-term losses.
Wrongful Death Claims
The severe nature of many head-on collisions can lead to fatalities. When this happens, certain surviving family members or the personal representative of the decedent’s estate may file a wrongful death claim against the at-fault party. Each state has rules for who is eligible to bring such a claim. Recoverable damages may address the loss of the decedent’s financial support, funeral and burial costs, and the loss of companionship and services.
