Head-on collisions, although not necessarily as common as other types of car accidents, can be catastrophic and frequently cause fatalities. According to the Insurance Information Institute (III), head-on collisions accounted for over 10 percent of all fatalities in 2017, while they only made up a small percentage of crashes.
In a head-on collision, one driver is usually at fault for going the wrong way or not yielding the right of way to oncoming traffic. If they are on the wrong side of the road at the time of impact, for example, when overtaking another vehicle, they are typically at fault for the accident.
If you or a loved one suffered injuries in a head-on accident that was someone else’s fault, your Oakland head-on collisions lawyer could help you pursue compensation. Call Ben Crump Law, PLLC today for help with your head-on collision accident claim: 800-959-1444.
Causes of Head-on Collisions
A head-on collision can happen for the following reasons as well as others:
- Speeding or driving too fast for weather conditions
- Driving distractedly
- Driving under the influence of alcohol and/or drugs
- Low visibility in an extreme weather event
- Driving the wrong way on a highway or other road
- Careless overtaking
- Ignoring traffic signals
- General reckless driving
Unfortunately, head-on accidents can cause catastrophic injuries, especially when they happen at high speed. Victims in head-on collisions can suffer from serious head injuries, internal bleeding, fractures, severed limbs, and other devastating injuries that may need extensive treatment.
Serious head-on accidents can be frightening and traumatizing, causing considerable psychological wounds. According to Professional Psychology, Research and Practice, serious car accidents can lead to the development of post-traumatic stress disorder (PTSD), which may require extensive counseling and medication.
If you suffered any severe injuries and other damages in a head-on accident that was another driver’s fault, help is available. Consult with your Oakland head-on collisions lawyer to determine whether you have a case.
For a free legal consultation with a head-on collisions accidents lawyer serving Oakland, call 800-598-7557
Establishing Negligence and Fault
In order to have a personal injury or wrongful death case, you will need to prove the following elements:
Duty of Care
All drivers should operate their vehicles with reasonable care. Therefore, every driver or road user owes other road users a duty of care. In practice, this can mean following the traffic laws and driving at an adequate speed, as well as taking other reasonable measures to avoid harm to others.
Breach of Duty of Care
You could argue that an intoxicated, speeding, or distracted driver breached their duty of care. They can also breach their duty of care by driving and overtaking recklessly, or improperly changing lanes, for example.
There has to be a clear link between the breach of the duty and the cause of the accident.
You Have Damages
In order to have a case, you will need to prove that you have injuries and tangible damages from the accident. Evidence could be medical reports, medical statements, and other supportive documents.
When a negligent driver causes injuries or death of another, they can generally be held liable for the injuries and damages that they caused by being negligent. You should not be the one paying for your medical bills and other costs after a head-on accident with a negligent driver.
Proving fault, even in what seems like an obvious head-on accident, is not necessarily as easy as you might think. If your case goes to court, in order to receive compensation, you will need to present compelling and clear evidence that the other driver was at fault.
An Oakland head-on collisions lawyer can gather evidence such as accident reports, witness’ statements, traffic camera footage, and other important evidence to prove your case. A lawyer also has access to accident reconstruction professionals, as well as expert witnesses, which can help prove your case when pursuing compensation from a negligent driver.
Compensation in Head-On Accidents
If you suffered serious injuries, or lost a loved one due to another driver’s negligence, you will want to pursue compensation for your losses. Compensation in a personal injury lawsuit can include medical expenses and missed time at work. It can also include awards for physical and emotional pain, loss of life quality, and other damages.
In a wrongful death lawsuit, you could recover medical bills, awards for the decedent’s pain and suffering, costs for the funeral, loss of companionship, loss of parental guidance for any minor children, loss of income and benefits, as well as other awards.
In some cases, the at-fault driver’s insurance may approach you in order to settle with you. This is the time to be very careful and not sign any documents or make any verbal agreements that you might later come to regret. You do not want to accept an offer that does not fairly cover your losses.
You can choose to consult with an Oakland head-on collisions lawyer before communicating with any insurances. Your lawyer can protect you and help to calculate your losses adequately.
Your lawyer can also try to negotiate a fair out-of-court settlement with the insurances on your behalf. Failing that, your lawyer will take the case to court, where they can represent you with your best interests in mind at all times.
Oakland Head-On Collisions Accident Lawyer Near Me 800-598-7557
California Statute of Limitations for Car Accidents
If you or a loved one has been injured in a head-on collision, act now to take legal action. Statute of limitations CCP § 335.1 provides that you have two years to file a personal injury lawsuit after you suffered damages in a car accident. If you have lost a loved in a head-on collision, you also have two years to file a wrongful death lawsuit under this statute. You may not be able to receive financial awards if you ail to file before the deadline.
If you need help with pursuing compensation for your injuries and losses in time, get in touch with Ben Crump Law, PLLC now at 800-959-1444. We will not charge you any fees unless we obtain a financial settlement on your behalf.
Contact Us Now for Help with Your Head-On Collision
Acting quickly can help you recover compensation for your head-on collision accident. You may have only limited time available for filing suit, according to California Code of Civil Procedure § 335.1.
If you or a loved one suffered catastrophic or permanent injuries due to another’s reckless or distracted driving, you deserve compensation. Your Oakland head-on collisions lawyer can help you hold the responsible driver to account. Some of the ways in which we can assist you include:
- Gathering evidence and building your case
- Consulting with expert witnesses
- Assessing all your damages
- Negotiating with insurances
- Fighting passionately for you in court
We work on contingency, so you do not have to worry about up-front attorney’s fees. We take our fee only when we win your case. Contact Ben Crump Law, PLLC now to find out whether we can help you seek compensation. You can reach us at 800-959-1444.