Preparing to File a Head On Collision Lawsuit and Understanding Head-On Collisions
Have you or your loved one been injured in a head-on collision? All motor vehicle accidents are dangerous, but a head-on collision, in particular, can cause devastating effects to the victim, physically and emotionally. Moreover, a crash at higher speeds can be fatal. Regardless of your injury, know that you are entitled to file a head on collision claim. If your claim gets denied, you can file a head on collision lawsuit against the negligent party.
What is a head-on collision?
Head-on collisions happen when two moving vehicles collide head-on. And because two moving vehicles are involved, the bigger and the faster the vehicles are, the more severe the crash and its consequences would be. Those who are lucky to survive a head-on collision would require long-term, expensive care or treatment and lose opportunities to earn and live a normal life with their loved ones.
Head-on collisions are actually “rare” compared to other types of motor vehicle crashes. According to the National Highway Traffic Safety Administration (NHTSA) statistics, of vehicular accidents, only 2% fall under the category of head-on collisions. However, according to the NHTSA, nearly 10% of deaths from motor vehicle accidents are due to head-on collisions.
Top causes of head-on collisions: who is liable?
Most head-on collisions are due to negligence. However, there can be multiple parties who are negligent in a motor vehicle crash, so it is important to speak with head on collision car accident lawyers who can help you determine against whom to file a head on collision car accident lawsuit.
To give you an idea, here are the top causes of collisions in the United States and who may be held liable under these circumstances.
Texting, eating, listening to loud music, or using various apps on one’s phone are some common reasons drivers lose their focus on the road. In such cases, the negligent party is none other than the driver himself.
Driving beyond the maximum speed limit is dangerous because it makes stopping incredibly challenging.
Driving under the influence is regarded as a crime. If one of the drivers is driving under the influence of drugs or alcohol, then that driver is going to be held liable.
Cyclones, heavy downpours, snowfall, and dense fog are hazards. Every driver should check whether the weather condition is tolerable. If the driver fails to do this, he can be held liable.
Inexperienced drivers might find it hard to make good and sensible decisions in crisis situations. If a person is made to drive despite being inexperienced, then the person who ordered or enabled the inexperienced driver to go behind the wheel will be held liable. This could refer to the employer, the parent, or the guardian.
Commercial truck drivers are often subjected to long hours of continuous work that they end up sleepy and tired. In this case, the commercial truck company shall be held liable.
Construction zones are very dangerous. If the concerned government agency fails to put a sufficient warning to drivers and they end up in a crash, then the victims may file head-on collision settlement claims against the state or federal government, as the case may be.
Typical Injuries in Head-on Collisions
Head-on collisions can give rise to serious medical conditions and injuries, including the following:
- Spinal cord injuries
- Traumatic Brain Injuries (TBI)
- Internal organ damage
- Post Traumatic Stress Disorder (PTSD)
- Broken bones
- Torn ligaments
- Internal bleeding
- Loss of limbs
It is crucial to consult a medical professional to address your injuries or medical condition right away. Doing so will remove any doubt from the judge or jury that you are entitled to reasonable compensation.
Head-on collisions and wrongful death
As mentioned, head-on collisions are fatal. If your loved one died due to a head-on collision, then you can file a head-on collision lawsuit against the party who is at fault. A claim for wrongful death may be initiated by the spouse, children or parents of the victim who died from the crash.
In a head-on collision wrongful death lawsuit, two types of compensation may be claimed by the family of the victim. First is compensation for the expenses and pain and suffering of the deceased from the moment of the injury until the deceased passed on. Second is the damages covering pain and suffering, lost wages, and loss of consortium from the moment the deceased died. In both types of damages, compensation is given to relieve the financial burden on the family whose loved one had passed from the head-on collision.
How much can you claim when you file a head-on collision lawsuit in 2023?
Minor bruises and wounds can entitle the victim to claim thousands of dollars from the negligent party’s insurance company. However, when the injury is minor, compensation can be from six to seven digits.
The following head on collision settlement claims are some of the highest in recent history:
- A $10,000,000 verdict was awarded to a man who was struck head-on by a truck in Kentucky and died at the scene (2021).
- A $1,250,000 verdict was awarded to a 60-something man after he fractured his hip, right fibula, right knee, sacral disc, and sternum in a head-on collision in Michigan (2021).
- A $26,141,628 verdict was awarded after a 19-year-old man was struck by a drunk driver head-on and died in Georgia (2021).
- A $5,000,000 settlement was accepted after an intoxicated driver struck a 71-year-old woman head-on in Idaho (2020).
- A $2,350,000 settlement was accepted after a 17-year-old girl was hit by another driver who was falling asleep in Washington. Three years later, the girl died from her injuries (2019).
Statute of limitations
The statute of limitations for car accidents in Pennsylvania is generally two years, per Pa. C.S.A. § 5524. The same statute of limitations generally applies to wrongful death cases. However, there may be exceptions to this statute.
Whether you’ve been injured or lost a loved one, it’s important to act quickly. If you fail to file a claim or lawsuit before the end of the two-year period, you might lose your right to claim compensation.
Note that claims against the government are even more complicated to process and provide a shorter period to file a claim. Talk to reliable head on collision car accident attorneys in your city who will act with urgency to protect your interest.
Let Ethen Ostroff handle your head on collision settlement claims
Head on collision car accident lawyers like Ethen Ostroff and his network can provide the assistance you need in this very difficult time. We understand that many things might be running amok in your mind right now. Allow us to provide the legal assistance you need, from determining the party at fault to gathering evidence and filing your head on collision car accident lawsuit to arguing your case in court.