Mar 5, 2023

Who Is At Fault in a Head-On Collision?

The answer for who is at fault in a head-on collision is usually the motorist that was traveling in the wrong direction at the time of the crash. As an example, a distracted driver that drifts from their lane an into oncoming traffic is liable for the automobile accident.

Car accidents can be devastating, causing physical injuries, property damage, and emotional trauma. Head-on collisions, in particular, are among the most severe types of accidents, as they often occur at high speeds and can result in catastrophic injuries or even fatalities. If you or a loved one has been involved in a head-on collision, you may be wondering who is at fault and what your legal options are. This is where a car accident lawyer can help. A skilled and experienced lawyer can investigate the circumstances of the accident, determine liability, and help you pursue the compensation you deserve for your injuries and losses. In this blog, we will explore who is at fault in a head-on collision and the role of a car accident lawyer in seeking justice for victims.

What Is A Head On Collision?

A head-on collision occurs when two vehicles traveling in opposite directions collide front to front. This type of accident is considered one of the most severe types of crashes, as the force of the impact is often multiplied due to the relative speed of both vehicles.

Head-on collisions can result in serious injuries or fatalities, particularly when the vehicles involved are traveling at high speeds. The occupants of both vehicles are at risk of head and chest injuries, spinal injuries, and other traumatic injuries.

To prevent head-on collisions, it's essential to drive defensively, obey traffic laws, and be mindful of your surroundings. Always stay focused on the road and avoid distractions while driving. Additionally, use your headlights in low visibility conditions, and avoid passing on two-lane roads unless it's safe to do so.

What happens in a head-on collision?

In a head-on collision, the force of the impact is concentrated on the front of both vehicles, which can result in significant damage to the cars and severe injuries to the occupants. The severity of the crash depends on several factors, including the speed of the vehicles, the angle of impact, and the size and weight of the vehicles involved.

What happens to your body in the car crash include the occupants of both vehicles may be thrown forward, potentially striking against the steering wheel column, airbag, dashboard or windshield. Head on collision often cause serious head and neck injuries, including concussions, whiplash, or traumatic brain injuries. Additionally, the occupants may suffer chest injuries or trauma to their sternum, ribs, clavicle, or shoulders due to the impact of their bodies against any structure of the interior. Occupants are often ejected from, which often causes severe and life-altering medical complications.

The severity of the injuries can be affected by various factors such as the use of seat belts and airbags, the type and age of the vehicles involved, the road conditions, and the distance between the vehicles before the collision. In the most severe cases, a head-on collision can result in fatalities, particularly when the vehicles involved are traveling at high speeds.

Duty of Care in Car Accidents

Duty of care is a legal concept that refers to an obligation to take reasonable care to avoid causing harm to another person or their property. In the context of car accidents, drivers have a duty of care to operate their vehicles in a safe and responsible manner to avoid causing harm to other drivers, passengers, pedestrians, or property.

If a driver breaches their duty of care by acting negligently, recklessly, or in a manner that puts others at risk, and this breach causes an accident and resulting injuries or damages, the driver may be held liable for the harm caused.

To determine whether a driver has breached their duty of care, courts will consider factors such as:

Whether the driver was obeying traffic laws and signals
Whether the driver was driving under the influence of drugs or alcohol
Whether the driver was distracted by a phone or other device
Whether the driver was speeding or driving aggressively
Whether the driver failed to maintain their vehicle properly
Whether the driver was fatigued or drowsy

If it can be shown that a driver breached their duty of care, and this breach caused an accident and resulting harm, the injured party may be able to recover damages through a personal injury lawsuit. These damages may include compensation for medical expenses, lost wages, pain and suffering, and property damage.

How does insurance decide who is at fault in a head-on collision?

Determining who is at fault in a head-on collision can be challenging, as both drivers are usually traveling in opposite directions, and it can be difficult to determine who crossed the center line or otherwise caused the accident. Insurance companies typically use a combination of evidence and investigation to determine fault.

The investigation process typically involves obtaining statements from drivers, passengers, and witnesses, as well as examining the damage to the vehicles and the accident scene. The insurance company may also review police reports, photographs and video footage of the accident, and any other relevant evidence to help determine fault.

In some cases, fault may be determined based on the specific laws of the state in which the accident occurred. For example, some states have laws that assign fault to the driver who crossed the center line, regardless of the circumstances.

Once fault has been determined, the insurance company of the at-fault driver is typically responsible for paying damages to the other driver and any injured passengers. This may include compensation for medical bills, lost wages, and pain and suffering.

It's important to note that fault is not always clear-cut in a head-on collision, and in some cases, both drivers may share some responsibility for the accident. In these cases, the insurance companies may negotiate a settlement based on the degree of fault of each driver.

An Insurance Adjuster Is Calling, Should I Provide A Recorded Statement?

No, insurance adjusters are trained to quickly reach out to those involved in an auto accident and use various tactics to convince a person that a recorded statement is neccessary to determine liability. This is fault. Do not engage in a recorded statement without an attorney being present. Insurance company aim to illicit facts that could be used to deny your claim and prevent you from receiving compensation. Instead, reach out to personal injury to have the facts of the crash analyzed by a professional. The attorney can investigate the claim, determine the value of your personal injury case, and protect your right to recover damages.

Oftentimes, the attorney might determine your case is ripe for a policy limits demand and prevent you from engaging in a statement altogether.

What should you do in a head-on collision?

A head-on collision can be a terrifying experience, but it's important to remain calm and take appropriate action to ensure your safety and the safety of others. Here are some steps to follow in the event of a head-on collision:

Check for injuries: Check yourself and any passengers for injuries. If you or anyone else is injured, call 911 immediately.
Turn on hazard lights: If your vehicle is still operable, turn on your hazard lights to warn other drivers of the accident.
Move to a safe location: If possible, move your vehicle to the side of the road or another safe location to avoid blocking traffic.
Call the police: Even if there are no injuries, it's important to call the police to report the accident. The police will document the accident and create an official report that can be used to determine fault and file insurance claims.
Exchange information: Exchange information with the other driver involved in the accident, including names, contact information, insurance information, and vehicle information.
Document the scene: Take photos of the accident scene, including the damage to the vehicles and any other relevant details.
Seek medical attention: Even if you feel fine immediately after the accident, it's a good idea to seek medical attention as soon as possible. Some injuries may not be immediately apparent but can worsen over time.

It's essential to follow these steps after a head-on collision to ensure that you and any passengers are safe and that you have the documentation you need to file insurance claims and seek compensation for damages.

Who decides who is responsible in a head-on crash?

Determining fault in a head-on collision can be a complex process, and the responsibility for determining fault falls to a variety of parties, depending on the specific circumstances of the accident.

Police officers

When police officers arrive at the scene of the accident, they will investigate the accident and create an official police report. This report may include information about the cause of the accident and any violations of traffic laws. The report can be used by insurance companies and the court system to help determine fault.

Insurance adjusters

The insurance companies of both drivers involved in the accident will conduct their own investigations into the cause of the accident. They will review the police report, interview witnesses and drivers, and examine the damage to the vehicles to determine fault. Insurance adjusters will use this information to determine who is responsible for paying for damages and injuries resulting from the accident.

Attorneys and the court system

If the insurance companies cannot come to a mutual agreement about fault and compensation, the case may go to court. In court, attorneys for both sides will present evidence to a judge or jury, who will then determine fault and the amount of compensation to be awarded.

It's important to note that fault is not always clear-cut in a head-on collision, and in some cases, both drivers may share some responsibility for the accident. In these cases, the insurance companies and the court system may determine that fault is shared, and compensation may be awarded accordingly.

What Evidence Is Used When Determining Liability In A Head-On Crash?

Determining fault in a head-on collision can be a complicated process that involves examining multiple factors, the main of which involve:

The Police Report

In general, the police report is a crucial piece of evidence in determining fault, as it contains information about the location and severity of the collision, as well as any traffic violations that may have occurred.

Witness Testimony

Witness testimony can also be essential in determining fault in a head-on collision. Eyewitnesses may be able to provide information about the actions of each driver leading up to the collision, which can help establish who was at fault. In some cases, a black box, which records data from the vehicle's onboard systems, may also be used to provide important information about the collision, such as speed, braking, and acceleration.

Contributing Factors

Another factor that is often considered in determining fault in a head-on collision is whether each driver exercised reasonable care while driving. This can be determined by investigating the evidence related to the crash to determine if either driver contributed in causing the collision. For example, some of the common contributing factors include if one driver was distracted, intoxicated, or driving recklessly, they may be deemed responsible for the accident.

Video Cameras

Cameras and damage to the vehicles involved in the head-on collision can also provide valuable information about fault. If there were cameras in the vicinity of the accident, footage may be used to help determine who was at fault. Damage to the vehicles can also provide important clues, as it can indicate the point of impact and the force of the collision. Ultimately, a thorough investigation of all available evidence is necessary to determine fault in a head-on collision.

Expert Testimony

Additionally, accident reconstruction may be used to recreate the scene of the accident and analyze factors such as speed, distance, and trajectory to determine the cause of the collision.

Common Causes of Head-on Collisions

Head-on collisions can be caused by various factors, including:

Distracted driving

Drivers who are distracted by their phones, other passengers, or other factors may drift into the opposite lane of traffic, causing a head-on collision.

Impaired driving

Drivers who are under the influence of drugs or alcohol may have impaired judgment and reaction time, making it more likely that they will cross into the opposite lane of traffic.

Fatigue

Drivers who are fatigued or drowsy may fall asleep at the wheel, causing their vehicle to drift into the opposite lane of traffic.

Speeding

Drivers who are traveling at high speeds may lose control of their vehicle or be unable to stop in time to avoid a head-on collision.

Road conditions

Poor weather conditions, such as rain, snow, or ice, can make it difficult for drivers to maintain control of their vehicle, increasing the risk of a head-on collision.

Road design

Poorly designed roads, such as those with blind curves or inadequate signage, can make it difficult for drivers to see oncoming traffic, increasing the risk of a head-on collision.

Mechanical failure

Vehicle malfunctions, such as brake failure or steering problems, can cause a driver to lose control of their vehicle and cross into the opposite lane of traffic.

It's important for drivers to be aware of these potential causes of head-on collisions and take appropriate steps to avoid them, such as staying alert and focused, obeying speed limits, and maintaining their vehicles properly.

Injuries Caused By Head-on Collisions

Head-on collisions are one of the most dangerous types of car accidents, and they often result in serious injuries or fatalities. Here are some common injuries caused by head-on collisions:

Head Injuries: A head-on collision can cause a wide range of head injuries, from minor concussions to severe traumatic brain injuries (TBI). Even a minor head injury can have long-lasting effects on a person's cognitive function, while more severe head injuries can lead to permanent brain damage or even death.
Spinal Cord Injuries: The force of impact in a head-on collision can also cause damage to the spinal cord, which can result in paralysis, loss of sensation, and other debilitating conditions.
Broken Bones: The sudden impact of a head-on collision can cause a variety of broken bones, including fractures in the arms, legs, ribs, and pelvis. These injuries can be extremely painful and may require surgery or long-term rehabilitation.
Internal Injuries: In addition to external injuries, head-on collisions can also cause internal injuries, such as damage to organs, internal bleeding, or ruptured blood vessels. These injuries can be life-threatening and may require immediate medical attention.
Whiplash: Whiplash is a common injury that occurs when the head is suddenly jerked forward and then backward, causing damage to the neck muscles and ligaments. This injury is common in rear-end collisions, but can also occur in head-on collisions.
Psychological Trauma: A head-on collision can be a traumatic experience, and some people may experience psychological trauma, such as post-traumatic stress disorder (PTSD) or anxiety, as a result of the accident.

It is important to seek immediate medical attention after a head-on collision, even if you do not feel any pain or discomfort, as some injuries may not show symptoms until hours or days later.

Compensation After The Car Accident

Compensation after a head-on collision may vary depending on the circumstances of the accident and the injuries sustained by the parties involved. Head-on collisions are often serious accidents that can result in severe injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and other injuries that may require extensive medical treatment and long-term care.

If you were involved in a head-on collision, and the accident was caused by another driver's negligence, you may be entitled to compensation for your injuries and damages. To pursue compensation, you may need to file a personal injury claim against the at-fault driver's insurance company or file a lawsuit in court.

Some of the damages that you may be able to recover compensation for include:

Medical expenses

This includes past and future medical expenses, such as hospital bills, doctor's visits, medication, physical therapy, and any other treatment necessary for your injuries.

Lost income

If you missed work due to the accident, you may be entitled to compensation for lost wages. You may also be entitled to compensation for future lost income if your injuries prevent you from returning to work or limit your earning capacity.

Pain and suffering

Compensation for pain and suffering may be available to you if you experienced physical pain, emotional distress, or mental anguish as a result of the accident.

Property damage

If your vehicle or other property was damaged in the accident, you may be entitled to compensation for repair or replacement costs.

Other damages

Other damages may include compensation for loss of enjoyment of life, scarring and disfigurement, and other non-economic damages that you may have suffered as a result of the accident.

To determine the specific compensation available to you, it is best to consult with a personal injury attorney who can evaluate your case and help you pursue the compensation you deserve.

Statute of Limitations in the State of Texas

In the state of Texas, the statute of limitations for filing a car accident lawsuit related is two years from the date of the accident. This means that if you were injured in a car accident in Texas, you have two years from the date of the accident to file a lawsuit against the at-fault party.

Consult With An Attorney Attorney That Handles Head-On Collision Accidents

In order to obtain compensation for damages resulting from a car accident, it is essential to build a compelling case. Demonstrating the other driver's negligence in causing the head-on collision can bolster your claim and increase your chances of receiving a fair outcome. Failing to establish fault on the other driver's part may result in missing out on the compensation you rightfully deserve. Despite the friendly facade of insurance companies, it is important to approach their promises with caution. Insurance companies prioritize their financial interests and may not have your best interests in mind. have a trustworthy legal advocate fighting on your behalf to secure full and fair compensation.

Make sure the attorney is willing to handle your claim on a contingency basis and offers free case consultations. You should no have to pay for the attorneys time in analyzing or processing the claim. Instead, the attorney can agree to a set percentage of the net recovery if the case is successful in the end.

If you aren't aware of an attorney that throughout investigates auto accidents, feel free to contact Sneed & Mitchell at 866-434-0014 today. Our attorney understand the complexities involved in a person causes head-on crashes when driving the opposite way on a one-way, or leaving their lane and drifting into oncoming traffic. You, or your loved one, needs justice for what occurred. We're here to help.