Proving Liability for a Head-on Collision
Head-on collisions frequently cause serious injuries and fatalities, making them one of the most dangerous types of auto accidents. Because of the severity of these injuries, it is imperative that you are able to prove liability in a head-on collision to be eligible to receive injury compensation.
What causes head-on collisions?
There are a number of common causes of head-on accidents. Obviously, one person has to cross over the centerline or drive the wrong way on a one-way road in order for the accident to occur. While this does happen during attempts to pass a slower car, they are much more likely to happen when someone crosses onto the other side of the road accidentally.
The most common causes of head-on crashes include:
- Driver inattention leading to drifting into the other lane
- Texting and driving
- Drunk driving
- Sliding on ice or snow
- Speeding, especially on curves
- Failure to maintain lane while maneuvering a curve
How can I prove liability after a head-on collision?
Before you collect any compensation for your injuries, you will need to provide evidence to show that the other driver was negligent and caused the accident. There are four factors required to prove negligence and liability after a head-on collision:
- The driver had a duty to uphold.
- The driver breached that duty.
- That breach caused damage.
- Those damages cost you to suffer physically, emotionally, or financially.
Every driver on the road has certain duties he must uphold, such as being aware of his surroundings and following traffic laws to avoid harming others. This means showing the driver failed to uphold his duty, e.g., ran a red light, is key in proving liability for your accident.
Insurance adjusters base their determination of fault on police reports, witness accounts of the accident, and other documents.
You will also need to submit proof of your damages. Most commonly, this includes medical bills and evidence of the damage to your vehicle. You may also submit proof of lost wages and testimony from expert witnesses to show a loss of future wages. You can also receive compensation for pain and suffering and mental anguish, although these damages can be harder to prove.
How can Bressman Law help?
Car accident attorney David Bressman represents victims of head-on collisions and other auto accidents in Ohio. If you need an attorney to fight the insurance company or file a personal injury lawsuit to ensure you get the compensation you deserve, contact us today at 877-538-1116.