If you have been involved in a head-on collision caused by another vehicle when passing, you can pursue a personal injury claim against the at-fault driver to recover compensation for your damages. When a driver is passing another vehicle, he or she must make sure the roadway is clear and there is adequate time and distance to make the clear pass. That means they must keep a lookout to see what is coming and accurately judge the speed and distance of other vehicles, so they can safely maneuver their vehicle past the slower car and re-enter their lane of traffic before oncoming traffic arrives.
Negligence Plays a Role
When a head-on collision takes place, a driver has been negligent. When you can prove negligence, you have a strong personal injury claim. There are four elements of negligence. Here are how those elements come into play with this scenario.
First, any driver on the road has a duty, so that meets the first element which says you must prove that the party had a responsibility or duty to meet. Second, you must show that duty was breached. When the driver passed without adequate or safe distance, he or she has violated traffic laws and improperly entered the other lane of traffic. Third, that breach of duty must cause the problem. In this case, that breach was the cause of a car crash. Then, last, you must show that the accident the breach caused led to your damages.
For example, you must show that your car wouldn’t have been damaged, your injuries wouldn’t have taken place and you would not have missed work if the crash had not occurred. When all four elements are shown, you have proven the other party was negligent and they are responsible for the damages that negligence caused.
Damages That Result
Head-on collisions are some of the most serious crashes on the road. They occur when two cars hit head-on. The frontal impact can be severe, depending on speed. Cars can suffer severe damages and even be totaled. Life-threatening injuries can be suffered by occupants, such as head trauma, spinal injuries, neck injuries, back injuries, broken bones, and internal injuries.
You will have medical bills, lost wages, pain and suffering, mental trauma, loss of consortium, property damages, loss of enjoyment of life, possible permanent disfigurement and scarring, and more. Your attorney will help you determine all your damages that resulted from the crash.
Consult With a Personal Injury Attorney
If you have been involved in a head-on collision while a vehicle was passing, you should consult with a personal injury attorney. Accident injury lawyers work on a contingency basis, so you have nothing to lose. Time is of the essence as a statute of limitations does apply.
Complete the Free Case Evaluation Form on this page today, so your details can be shared with a personal injury attorney who will review your case and help you determine the best way to proceed with your claim.
