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Head On Collisions
Head-on collisions are most often caused by negligent driving. An act of negligence occurs when a driver fails to take reasonable care of other drivers. As a result of their negligence, they created a dangerous situation for themselves and others.
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When a driver is found to be at fault, he or she is automatically liable for any injuries they have caused. Victims can recover non-economic and economic damages, including medical expenses, lost wages, and pain and suffering.
A driver who partially caused an accident can still recover damages under the "comparative fault" principle. As a result, they can recover less if they are partially to blame for the accident.
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A tragic head-on collision may lead to a fatality due to the force of the crash. A wrongful death lawsuit can be filed by certain family members of the deceased in fatal crashes. A party can seek compensation for burial and funeral expenses, as well as for the loss of companionship and support the deceased would have provided.
Drivers at Fault
When drivers cause head-on collisions or contribute to them, they may be held responsible.
Drivers who cause head-on car crashes while driving recklessly or negligently are held accountable. The legal term "negligence" refers to failure to use such care as a reasonable person would under similar circumstances.
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Drivers who violate traffic laws, such as driving at high speeds, driving while distracted, driving drunk, operating unreasonably unsafe vehicles, turning in front of oncoming traffic without yielding, making an illegal U-turn, driving the opposite direction of traffic, and driving on the wrong side of the road may cause a head-on collision.
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As a general rule, a judge or jury will decide whether a driver was negligent by examining all of the facts of the case. The most dangerous type of vehicle accidents is a head-on collision, rather than a rear-end collision. Among the common types of injuries caused by these accidents are traumatic brain injuries (TBIs), spinal cord injuries, whiplash, broken bones, head injuries, neck injuries, and concussions.
Damages from a Head On Collision
An injured driver and/or passenger can file a lawsuit against the negligent driver to recover damages. Upon winning the lawsuit, the injured driver or passenger may receive compensation.
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Generally, there are two types of compensatory damages. Economic damages and non-economic damages.
For example, economic damages provide compensation for things like medical bills, property damage, lost wages, loss of earning capacity, and out-of-pocket expenses. Non-economic damages compensate for things that are more difficult to quantify. In addition, there is pain and suffering, loss of consortium, and disfigurement.
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Punitive damages are not calculated by the insured's losses but rather based on the defendant's wrongful actions. An injured motorist may be entitled to sue for punitive damages in certain circumstances, or "exemplary damages." Punitive damages may be available in situations where recklessness or intentional actions commit the harm.
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A personal injury claim can be filed with the insurance company of the at-fault driver in most jurisdictions to avoid a lawsuit. The injured motorist, however, must go to court if this claim is denied or if the at-fault party didn't have insurance.
Whether you file a claim or file a lawsuit, it is essential that you consult a car accident attorney for assistance. It is not uncommon for settlements related to head-on collisions to exceed a million dollars. Injured drivers and passengers can be assisted by car accident lawyers to prove negligence and recover damages.
California Law
The law of California governing head-on collisions follows the general rules and measures outlined above.
Upon failing to use reasonable care while driving, a motorist acts negligently under state law. Drivers are required to drive their vehicles with reasonable care, look for pedestrians, obstacles, and other vehicles, and control speed and movement of their vehicles.
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It is common for California drivers to make left turns in front of oncoming traffic, resulting in head-on collisions. The state of California's "right-of-way" laws require drivers to yield the right-of-way to all vehicles coming from the opposite direction until the turning vehicle can safely make the turn.
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If you are partly to blame for a car accident in California, you can still sue for damages, even if you are at fault.
Survivors or the estates of individuals who die due to someone else's wrongful act can sue for damages in California, no matter how reckless, negligent, or intentional the act was. The law is set forth in the statute Code of Civil Procedure (CCP) 377.60.
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Funeral and burial costs, earnings a deceased would have made, and compensation for companionship and support are only a few examples of damages.
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It is common for California wrongful death suits to include a legal action under California Civil Code 377.30 called a survivorship cause of action. In wrongful death lawsuits, the estate of the victim is seeking compensation from the court for losses sustained by the victim from the wrongful act (as opposed to the family).
A California wrongful death lawsuit does not have the right to punitive damages. A survival cause of action is the only way to obtain punitive damages from a wrongdoer.