South Florida Injury Attorneys Blog
It is always just another day for drivers on Port St. Lucie, Florida’s roadways until a road accident happens. When head-on car collisions happen, the damages incurred can be enormous, and fatalities can occur. A Port St. Lucie car accident lawyer will be ready to help you seek compensation to deal with your damages and injuries.
In this article, we will not only answer the main question of how to define a head-on collision but also share other vital information about this accident type. Additionally, we discuss how head-on car collision lawsuits work and everything you need to know when seeking fair compensation.
What Is a Head-On Car Collision?
Many accidents happen in Florida, and Port St. Lucie has a fair share of them. According to the Florida Department of Highway Safety and Motor Vehicles, there were 401,182 road accidents in Florida, accounting for 252,901 injuries.
One of the worst things that can happen to a driver is to see another car or truck crashing into their vehicle. Sometimes, the motorist may not notice the upcoming vehicle until it is too late.
The moment another car hits theirs, they will feel the sudden impact. Depending on the force of the crash, the vehicle occupants may sustain serious injuries or die. A collision that often has such devastating consequences is a head-on collision.
A head-on collision occurs when two cars traveling in opposite directions collide with each other. This is referred to as a “frontal” crash. In 202o, head-on collisions were the second-highest cause of road traffic accidents in the United States.
This demonstrates that head-on car collisions are one of the worst car accidents. You should also know that they happen mostly due to the negligence of the driver responsible for the collision.
What Causes a Head-On Car Collision?
Head-on car collisions happen for various reasons, such as brake failure or power steering outages. It also occurs when one driver is on the wrong side of the road.
Other causes of head-on car collisions include driving under the influence, a driver entering a highway in the wrong direction, or disobeying traffic rules. However, as in most crashes, negligence is often the underlying cause of these collisions.
Who Is at Fault in a Head-On Car Collision?
When you are involved in a head-on car collision, the first thing you are likely to do is establish fault in the accident. You will not be the only one concerned with this question because your insurance company will also be.
It is often the case that each car involved in a head-on car collision may be sent in different directions by the impact of a collision, so it may be difficult to determine the exact cause immediately. An engineer or accident reconstruction specialist who will ascertain the accident’s cause and who was at fault can be contacted by a Port St. Lucie car accident lawyer.
A crash victim has a right to seek compensation from the insurance company representing the driver who is at fault in the head-on car collision. However, insurance companies will not offer settlements without a thorough investigation. Firstly, they must be able to establish that the other driver was at fault.
If the victim files for a personal injury lawsuit, they must also show that the other driver was responsible for the accident. This is because civil cases follow the rule that the person who asserts must prove.
Therefore, as a car accident victim, your lawyer must establish the elements of negligence. They must show the following:
Duty of Care
According to tort law, every driver is required to actively refrain from hurting other people. This means they must be prudent, sober, well-rested, and focused on the road.
A driver is not performing their duty of care if they are impaired by alcohol or drugs, which includes any prescription or over-the-counter medications that can impair judgment. When your personal injury lawyer proves that the other driver did not perform their duty of care, it is the first step to establishing that the driver was at fault.
Cause
This aspect of establishing a case is straightforward. The victim must prove that the defendant’s activities were the direct cause of their injuries. For instance, if the defendant hadn’t swerved into your lane and caused the collision, you wouldn’t have suffered a head injury.
Negligence
This is another important factor in establishing your case about the other driver’s fault. If the other driver behaved in a way that was not reasonable, they might be considered negligent.
Their unreasonable behavior may involve taking an off-ramp to access a freeway, driving the wrong way on a one-way street, or speeding. The law considers these actions as a breach of the duty of care.
What Are the Damages Involved in a Head-On Car Collision?
Damages are the financial and non-financial losses suffered in a car accident. Damages involved in a head-on car collision can be placed in three broad categories, which include:
Physical Injury Damages
Physical injury damages cover expenses related to a person’s medical treatment. Examples of these costs include:
- The cost of a hospital stay
- Ambulance or airlift transport
- Doctor visits
- Ongoing therapy
- Medications
- Medical equipment
- Rehabilitative care
- Pain and suffering
Property Damages
Property damages cover the cost of replacing or repairing your car and any external property damage costs such as broken guardrails, trees, electrical poles, or other cars in the case of a secondary impact.
Wrongful Death Damages
If you are the surviving family member of a head-on car collision victim, you may be entitled to seek compensation for wrongful death. After successfully establishing that the other driver was at fault, you may be entitled to be financially covered for the costs of emergency medical care, funeral expenses, lost future earnings, and loss of consortium.
In addition, the victim could also seek compensation for the emotional and psychological harm from the accident. Examples are settlement for emotional distress, mental anguish, post-traumatic stress disorder, etc.
Finally, the defendant may incur punitive damages from the court if they file a lawsuit instead of an insurance claim. While punitive damages are not compensatory, it punishes the at-fault driver for their negligent action. But such an act must be malicious or constitute gross negligence.
Get Started With Our Experienced Port St. Lucie Car Accident Lawyer
A head-on car collision is the last thing anyone wants to be involved in, as they are very scary and might cause life-changing injuries. If you have been injured in a head-on car collision or your family member died wrongfully in one, it is essential to seek compensation from the negligent party.
Frankl Kominsky Injury Lawyers have the experience and drive needed to establish your valid case. You can contact us at (561) 800-8000 to start the process with a free consultation.