When a head-on collision occurs, the force of two cars colliding with one another, often at high speeds, can cause drivers and passengers to suffer devastating injuries. The impact also can easily lead to fatalities. If you have suffered injuries or lost a loved one in this type of crash, you may want to contact a Durham head-on collisions lawyer for help.
When the negligence of others leads to a head-on collision that causes you injuries, you have a right to seek compensation for your injuries. You should not have to bear the financial burden of medical bills and lost income due to your injuries on your own. Call (800) 598-7557 and discover how the team at Ben Crump Law, PLLC, can assist you.
Legal Claims Arising from Head-On Collisions
According to the National Safety Council (NSC), an estimated 340,000 head-on collisions occurred nationwide in 2018, causing 4,900 deaths and 256,000 nonfatal injuries. Even though they made up only about 4% of total crashes, they accounted for more than 8% of total fatal crashes. In comparison, rear-end crashes made up 30% of total crashes, but only 13% of total fatal crashes. Therefore, the fatality rate from head-on collisions tends to be higher than some other types of crashes.
When negligence causes a head-on collision, injured parties, or the surviving family members of those killed, may have legal claims against the negligent parties. All drivers owe a legal duty to other drivers, passengers, and pedestrians to drive in a reasonably safe manner and follow the rules of the road. When drivers violate the law, such as by speeding, engaging in unsafe passing, or driving while distracted or impaired, they violate the legal duty of care that they owe to others. If they cause head-on collisions in which others suffer injuries, then the injured parties may have valid legal claims against them. The injured parties to a legal claim can be the victims who have suffered nonfatal injuries or the surviving family members of victims who suffered fatal injuries, depending on the situation.
For a free legal consultation with a head-on collisions lawyer serving Durham, call (800) 598-7557
Compensation in Head-On Collision Claims
Every personal injury and wrongful death claim is a little bit different in terms of compensation. The type and extent of the compensation available to you depends largely on the type of injuries you have suffered and how permanent they are. For instance, although victims may soon recover from broken bones and minor injuries, recovery may not be possible if they have suffered a spinal cord injury and are unable to return to work.
Some of the available kinds of compensation in head-on collision cases can include medical, hospital, and rehabilitation expenses and the costs of medical devices and modifications to vehicles and homes to accommodate disabilities. If your injuries leave you unable to work, you may lose income, which is compensable in a personal injury claim. If you are permanently unable to return to work, you also may be eligible for loss of future income and earning capacity. More intangible types of compensation in a personal injury action also may be available, such as physical pain and suffering and emotional distress.
Damages or compensation in a wrongful death claim also are somewhat different. NC General Statutes (GS) § 28A-18-2 permits surviving immediate family members to recover compensation for:
- Medical and hospital expenses prior to death
- Pain and suffering by the deceased person before death
- Reasonable funeral expenses
- Loss of income, services, protection and care for others, and guidance and companionship to others
- Punitive damages if the death occurred to malice or willful or wanton conduct
The type of compensation in personal injury and wrongful death actions can vary from one case to another. As a result, getting information about the damages to which you may be entitled may be beneficial to you.
Durham Head-On Collisions Lawyer Near Me (800) 598-7557
Statute of Limitations in Motor Vehicle Accidents
All states have laws that set deadlines, or statutes of limitations, for filing different kinds of lawsuits. These deadlines vary in length according to the type of lawsuit at issue. In North Carolina, the statutes of limitations for personal injury claims and wrongful death claims are different, so you must be aware of them in order to protect your rights to file claims for compensation.
Personal Injury Claims
Under NC GS§ 1-52, people who have suffered injuries in motor vehicle accidents have three years from the date of their accidents to file their claims for compensation. If you fail to formally file your claim in court within this time frame, you likely will lose the right to seek any compensation for your injuries.
Wrongful Death Claims
NC GS § 1-53 governs the time frame that surviving family members have to file wrongful death claims when their loved ones have lost their lives in car accidents. They can file wrongful death claims within two years of the wrongful death. Therefore, surviving family members may want to seek the advice of a Durham head-on collisions lawyer as soon as possible after a fatal car accident has occurred.
Learn More About How We Can Help with Your Case
At Ben Crump Law, PLLC, we know how hard it can be to deal with medical bills, insurance claims, and other matters when you are struggling to recover from injuries suffered in a head-on collision. You likely feel overwhelmed and uncertain as to where to turn for help. Hiring a Durham head-on collisions lawyer to help you through this challenging time can be critical to your ability to effectively pursue your claim for compensation.
Filing a claim for compensation can help you hold negligent parties accountable for their actions in causing your head-on collision. A successful claim also can help relieve some of your financial worries while you get the medical treatment that you need. Call the offices of Ben Crump Law, PLLC at (800) 598-7557, and get started on your personal injury claim today.