A head-on car accident is a collision where two cars moving in opposite directions collide, typically impacting front to front. When vehicles slam into each other at high speed, the impact force can be more severe than in other accidents. This type of collision often results in catastrophic injuries such as traumatic brain injuries, internal bleeding, organ damage, spinal cord injuries, and disfigurement.
Head-on collisions at a lower speed are generally less severe than high-speed crashes. Yet, they can cause notable and sometimes hidden injuries that require prompt medical evaluation and monitoring to avoid lasting damage. Research shows that even low-speed impacts produce head jolts far greater than those experienced in everyday activities, significantly increasing the risk of injury.
Let’s explore the importance of claims and the process of proving fault in a head-on collision.
When Can You File a Claim for a Head-On Car Accident?
If you were injured in a head-on collision, you have the right to file a claim against the person responsible. There are many reasons why a head-on accident might occur, but most often, the cause is negligence. Negligent driver behaviors are the most common cause of catastrophic accidents and fatalities. These actions can include the following:
- Using a device such as a cell phone
- Intoxication
- Disregarding traffic laws
- Speeding
- Unsafe passing
- Road rage and aggression
Should you believe that your accident happened as a direct result of negligence, you must prove it to receive the compensation you deserve. Proving negligence requires patience, evidence, and a careful approach. Personal injury claims can take several months or years to conclude, so it’s sensible to follow the correct channels and consult with a professional.
What to Do Immediately Following a Head-On Collision
In most severe head-on collisions, vehicles are often too damaged to be moved off the road. Drivers are typically incapacitated or severely injured, making it difficult or impossible to gather evidence at the scene. In such cases, official reports, witness accounts, vehicle black box data, expert analysis, and third-party recordings become the primary sources for reconstructing the accident and gathering evidence.
When you’re involved in a head-on collision at low speed, your priority must be your safety and that of your passengers. If possible, move your car off the road and call emergency services.
Documenting the accident scene and collecting evidence are critical for filing a personal injury claim. Take pictures and videos of everything to substantiate your claim. You should also gather witness information, if possible, so that you can obtain statements about the accident from their perspective.
After any accident, it’s essential not to talk about it too much. Do not discuss the details with the other driver, don’t post anything on social media, and don’t share information about the accident with anyone except close family. Anything you say publicly can be used against you during the claims process. Hence, it’s best to keep the matter between you and your attorney.
What you do after an accident can have an impact on the outcome of your claim. When you choose not to seek medical treatment, insurance providers will argue that your injuries were not severe enough to justify a claim. If you apologize at the accident scene, it can be used as an admission of guilt. Legal claims are incredibly serious, and the law can be complex; therefore, it is essential to contact a legal professional as soon as possible.
How to Prove Fault in a Head-On Accident Case
To successfully establish fault, you must demonstrate that the defendant breached their duty of care, that this breach directly caused your injuries, and that you suffered damages as a result. Proving these elements requires thorough investigation, physical evidence, a skillful presentation of the evidence, and tactful negotiation.
Police reports are often the first piece of evidence you or your attorney will secure. At the scene of the accident, the police officers who arrive first will create a report that includes their observations and other critical details. Police reports typically include the location and time of the accident, driver statements, witness information, and their initial thoughts on who may be at fault for the collision.
Photographic evidence provides context about specific details such as the positions of the vehicles, skid marks, road conditions, traffic signs, and injuries. Witness testimonies provide alternative accounts of how the accident happened, which may offer unbiased insight. Your attorney can also call on accident reconstruction experts to recreate the accident, providing further evidence to support your claim.
Medical records are critical evidence as they show the link between the accident and your injuries. These records can also prove that your injuries are unrelated to any pre-existing conditions. It’s not uncommon for insurance companies to argue that injuries are either irrelevant or exaggerated as a way to discredit the claimant.
Seek Justice Through Legal Action
Taking legal action can be intimidating. Numerous rules and regulations can be overwhelming to understand without a thorough education. At HHJ Trial Attorneys, our goal is to demystify the legal process and help our clients secure the compensation they need to recover and move forward. Head-on accidents can be devastating, but you do not have to face that devastation alone. Contact HHJ to schedule a free consultation with our personal injury experts.
