Who is At Fault in a Head-On Collision?
In a head-on collision, the front halves of both cars are often crumpled and/or destroyed. This can expose the occupants to a number of dangers, such as shrapnel, debris, or other auto accident injuries. Common auto accident injuries include whiplash, broken bones, spinal cord damage, TBIs or traumatic brain injuries, and more.
Since head-on collisions can be so dangerous and damaging, victims of head-on collisions may try to file lawsuits against the at-fault parties. But proving fault is difficult in New York, which is a no-fault state for auto accidents. With legal assistance, however, head-on collision accident victims can acquire the compensation they need to recover and/or pay for their medical bills.
Who is At Fault in a Head-On Collision?
The following examples show the most likely outcomes in determining negligence based on unique factors that can contribute to different types of head-on accidents:
- Distracted driving, such as when one or both drivers are reading their tablets or cell phones instead of looking at the road. In such accidents, the fault lies with the distracted driver(s), who should have been paying attention to the road. Eating, drinking, texting, calling, or anything else that distracts drivers enough to cause an accident counts as distracted driving in court.
- Driving while under the influence of drugs or alcohol is flatly illegal in every state, but many drivers do it anyway and may cause a head-on collision as a result. Proving fault in these cases is often possible with the administration of a BAC or similar test.
- Fatigued drivers who are too tired to drive safely may be at fault for a head-on collision. If a driver was found to be too fatigued at the time of a head-on collision, they may be found negligent for the accident in court.
- Inappropriate passing is one of the leading causes of head-on collisions in the US. An impatient driver attempting to get ahead of the person in front of them in a no-pass zone may swerve around a vehicle, only to directly impact a car coming up in the parallel lane. In such scenarios, the impatient driver is likely to be found at fault in court.
Although some head-on collisions are truly accidents, others are directly caused because of the negligence or risky behavior of another person. In these cases, head-on collision lawsuits are possible and may result in significant compensation payments for the victim. But fault must be proven for compensation to be awarded.
Anyone involved in a head-on collision should check themselves for injuries immediately before considering a lawsuit.
How Lawyers Help Prove Fault in a Head-On Collision
As in many other auto accidents, it can be difficult to prove fault, especially in a state like New York. Evidence must be collected carefully from the crime scene, from police reports, and from other sources. Witness testimonials can also prove to be invaluable in court, as well as medical records relating to the accident. Auto accident lawyers can assist victims and ensure that enough evidence is gathered to prove fault beyond the shadow of a doubt in a future trial.
In many head-on collision cases, the fault for the accident can be proven by:
- Determining whether an individual drove in the wrong lane, such as by entering “wrong way” traffic to pass someone ahead of them
- Determining if the at-fault driver was distracted, under the influence of drugs and alcohol, or fatigued at the time of the accident
- Determining if the at-fault driver either became confused, or intentionally drove on the wrong side of the road, such as during entering or exiting a freeway
Compensation for Head-On Collision Lawsuits
Head-on collisions are particularly dangerous and can lead to serious medical complications or conditions, including paralysis, TBIs, broken bones, and much more.
Because of their danger and severity, these injuries often incur major medical expenses and may lead victims to lose their jobs or physical abilities. Therefore, compensation for successful head-on collision lawsuits is usually high, and may reach into the hundreds of thousands or millions of dollars depending on the circumstances and the strength of the victim’s case.
Compensation may be awarded to head-on collision victims for:
- Covering past and future medical expenses
- Pain and suffering, as well as damages for loss of ability if the victim is paralyzed
- Loss of ability or employment, plus compensation for lost work during the recovery period
- And more
The amount of compensation received from a successful auto accident lawsuit is heavily dependent on whether the victim has skilled attorneys on their side, who can construct an airtight case for their cause.
Head-On Collisions in New York and the Nation by the Numbers
- There are 292 deaths in New York each year due to car accidents
- Head-on collisions account for 2% of accidents but 10% of fatalities
- There was a 58% fatality rate for vehicle occupants in frontal impact crashes in 2017
- In 2019, head-on collisions caused 5,000 deaths nationwide and were 30% of all collisions between two vehicles
Although head-on collisions are not as numerous as other types of auto accidents, they are still quite serious. Serious injuries and/or death are more common with these accidents than any other type between two motor vehicles.
Contact Head-On Collision Lawyers Today
Sobo & Sobo has been helping victims of head-on collisions win settlements for over 50 years that help clients restore their lives by covering all medical expenses, lost wages, and other damages, pain and suffering. Their clients never pay unless they win, as their car accident attorneys are only paid with a portion of the settlement. Call 855-469-7626 or contact them online for a free consultation.