Head-On Collisions & Related Lawsuits
Head-on collisions occur when the fronts of two vehicles traveling in opposite directions make contact. They make up a relatively small percentage of overall car crashes but often produce devastating injuries. Head-on collisions generally result from some type of driver error, which may allow a victim to bring a claim or lawsuit for compensation.
Immediate Steps After a Head-On Collision
It is critical to check on the well-being of anyone involved and call 911 so that emergency responders can provide medical assistance and law enforcement can compile a police report. Seeking immediate medical attention is advisable even when no injury symptoms are apparent at the scene, since some serious conditions may not manifest until later. If it can be done safely, take photographs of vehicle damage, road signs, skid marks, and debris, since this can help reconstruct the events that led to the crash. Exchanging insurance and contact information with other parties is essential, as is gathering the names and contact details of witnesses.
Proving Liability Through Negligence
In order to recover compensation, an injured person generally must show that the other driver’s negligence led to the collision. Negligence is a legal concept meaning that a driver failed to exercise a reasonable level of care, and this failure directly caused the accident and resulting harm. To successfully prove negligence, you must establish four key elements:
- Duty of Care: Every driver on the road has a fundamental duty to operate their vehicle in a safe and responsible manner to avoid harming others. This includes obeying traffic laws, staying in the correct lane, and being attentive.
- Breach of Duty: You must show that the other driver breached this duty of care. Common examples of breaches in head-on collision cases include:
- Driving under the influence of alcohol or drugs (DUI).
- Distracted driving, such as texting or using a phone.
- Falling asleep at the wheel.
- Illegally crossing the centerline or median.
- Driving the wrong way on a one-way street or highway ramp.
- Causation: You must prove that the driver's specific breach of duty was the direct cause of the head-on collision and your injuries.
- Damages: You must have suffered actual harm as a result of the accident. This includes physical injuries, emotional distress, property damage, and financial losses.
Key Evidence in a Head-On Collision Case
Investigators and legal teams rely on various forms of evidence to determine fault and prove the elements of negligence. Key evidence includes:
- Police Reports: The official report from the responding law enforcement agency often provides a preliminary assessment of fault and details from the scene.
- Witness Statements: Testimony from other drivers or pedestrians who saw the accident can be invaluable.
- Photos and Videos: Images and footage from the scene, dashcams, or nearby surveillance cameras can offer crucial visual evidence of how the crash occurred.
- Accident Reconstruction Experts: Head-on collisions often result in significant force that can obscure the original point of impact. In complex cases, forensic engineers may be hired to analyze final resting positions, skid marks, and vehicle crush patterns to pinpoint speed, angle of impact, and the sequence of events.
Comparative and Contributory Negligence
Some crashes involve shared fault. States apply different legal doctrines when multiple parties are to blame.
- In contributory negligence states, a driver even slightly at fault may be prevented from recovering any damages.
- Most states have adopted comparative negligence systems, which reduce a plaintiff’s damages in proportion to their degree of fault. Pure comparative negligence states allow a plaintiff to recover damages even if they are 99% at fault, whereas modified comparative negligence jurisdictions set a threshold of 50% or 51% fault, at or above which a plaintiff cannot recover.
Statutes of Limitations
All states impose strict deadlines, known as statutes of limitations, for filing a lawsuit after a collision. The period can vary markedly from one year to several years. If a lawsuit is not filed before the deadline runs out, the right to sue for damages may be permanently lost.
Damages in a Head-On Collision Case
A person who proves that another driver’s negligence caused their injuries may be entitled to recover damages. These are typically categorized as:
- Economic Damages: These are tangible, quantifiable financial losses, including:
- Past and future medical expenses.
- Lost wages and diminished future earning capacity.
- Property damage to the vehicle and its contents.
- Rehabilitation costs.
- Non-Economic Damages: These are more subjective and compensate for the non-monetary impacts of the accident, such as:
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
- Loss of consortium (the impact on a marital relationship).
- Punitive Damages: In rare cases when the at-fault driver's conduct was particularly reckless or malicious (e.g., a high-speed chase while intoxicated), a court may award punitive damages. These are not meant to compensate the victim for a loss, but to punish the wrongdoer and deter similar behavior in the future.
The at-fault driver’s liability insurance is commonly the main source of compensation. If that driver lacks insurance or has a policy limit that does not fully cover the damages, you may pursue compensation through your own uninsured or underinsured motorist (UM/UIM) coverage. Policy limits may affect how much a victim recovers. Some states allow stacking of coverage, whereby a policyholder with multiple vehicles can increase their available UM/UIM coverage.
A minority of states have no-fault car insurance systems, which restrict the ability to sue an at-fault driver unless a victim has suffered injuries or losses that meet certain criteria.
Wrongful Death Claims
The severe nature of many head-on collisions can lead to fatalities. When this happens, certain surviving family members or the personal representative of the decedent’s estate may file a wrongful death claim against the at-fault party. Each state has rules for who is eligible to bring such a claim. Recoverable damages may address the loss of the decedent’s financial support, funeral and burial costs, and the loss of companionship and services.
