Head-on Collisions: Filing a claim for the most Dangerous Type of Car Accident
What is a head-on collision?
A head-on collision is a crash of two vehicles that are moving directly towards each other. Any car accident can be both dangerous and traumatizing, however head-on crashes, due to the increased force sustained by both drivers are even more likely to result in serious harm or fatality for the driver. Head-on collisions are the rarest form of accidents with the majority of them happening in rural areas—although they only represent a fraction of accidents, they have proven to be the deadliest of them all. Statistics show that head-on collisions only make up 2 percent of car crashes, but account for well over 10% of car accident fatalities. The fatality rate for head on collisions is at a whopping 58 percent—proving to be the most catastrophic of car accidents.
Who is at fault for a head-on collision accident?
In general, the liability of this type of accident depends on which driver was negligent at the time of the crash. The person at fault will be held responsible for any injury or damage sustained by the victim. In order to do so, the plaintiff must prove that:
- The defendant owes a duty of care
- The defendant breached the duty of care
- The defendants negligence was a factor that caused the accident
What is California’s Negligence Law?
Negligence is failing to use reasonable care to prevent harm to oneself or others. How is negligence measured? A person is deemed negligent when they do something that a reasonably careful person would not do in the same or similar situation, OR when a person fails to do what a reasonably careful person would do in the same or similar situation.
For example: A reasonably careful person would not text and drive, and a reasonably careful person would remain present at the scene of an accident.
What are the top causes of head-on collisions?
In these types of accidents the misjudgment and carelessness of the driver could warrant as negligence and find the defendant culpable. There are a number of ways that could warrant as negligence:
- Driving under the influence of drugs and/or alcohol
- Drowsy driving
- Attempting to evade law enforcement
- Driving at high speeds
- Driving at a high speed during unsafe weather or road conditions
- Distracted driving, i.e. texting and driving
- Road rage
- Making an illegal left turn
- Turning without yielding in front of on-coming traffic
- Improper passing of a vehicle
- Operating an unsafe vehicle
Determining the damages in a head-on collision:
- Property damage
- Physical injury damages:
- Neck injuries
- Head Injuries
- Cuts and Bruises
- Internal injuries
- Leg injuries
- Broken bones
- Wrongful death damages
Who pays for the injuries and damages in a head-on collision?
Head-on collisions can result in some of the most severe injuries possible that could bring on huge medical expenses, and even bring the victim’s life to a halt. For some victims, with lost time from work, the bills will quickly pile up. In California, if you were injured, you have the right to expect compensation from the person at fault. As mentioned before, the plaintiff must prove that the driver’s negligence was the cause of the collision. In spite of that, insurance companies will do everything in their power to mitigate the at-fault driver’s liability and minimize the amount that they will compensate for the injuries and/or damage.
Hiring a Personal Injury Attorney after a head-on collision.
You need an aggressive lawyer that will fight for you. If you have been injured or have lost a loved one in a head-on collision, we will help you collect the necessary evidence to win your case. As previously mentioned, many victims are under the impression that their car insurance will take on the burden of the damages. Unfortunately, not all auto insurance companies will advocate for you. An experienced personal injury lawyer will act on your behalf and help you recover from the head-on collision you or a loved one may have suffered.