Why It Is Difficult to Prove Liability for a Head-On Collision
Posted on behalf of RizkLaw on Jul 24, 2020 in Auto Accident
Did you sustain a life-altering injury in a head-on collision caused by someone else’s negligent or reckless behavior? Are you wondering how you will be able to pay your medical bills or cost of living expenses while you are recovering?
Rizk Law discusses how wrong-way car accidents often happen and why it can be challenging to establish liability without the help of a qualified lawyer. Our proven track record, which includes millions in compensation for injured victims, is just one of the reasons to consider hiring our legal services to help you with your car crash injury claim.
Learn more about how we may be able to help you by contacting our firm. We can take your call 24/7 and your initial consultation is completely free and with no obligation.
What is a Head-On Collision?
A head-on collision occurs when two vehicles strike each other front to front. While this type of car accident is not as common as some others, these crashes have a higher likelihood of fatalities (58 percent of front-to-front collisions result in fatalities). This is because of the increased force caused by two cars driving toward each other at high speed. Those who do survive often have serious or catastrophic, life-altering injuries, including:
- Disfiguring facial injuries
- Loss of limbs
- Traumatic brain injuries
- Spinal cord damage, including paralysis
- Internal organ damage
- Severe whiplash
Why Proving Liability for a Head-On Collision can be a Challenge
In any car crash claim, our lawyers must be able to prove that the other driver was negligent by establishing:
- The at-fault party owed a duty of care to drive in a reasonable manner to prevent harm.
- The other driver violated that obligation due to speeding or other reckless behavior.
- Your accident and resulting injuries were caused by the failure to uphold the duty of care.
- You suffered real injuries, such as medical bills and lost wages.
While evidence from the accident, such as a police report that describes the scene and what happened, camera footage – if available – and eyewitness accounts may help, proving negligence can still be complicated.
Oregon’s Modified Comparative Fault May Further Complicate Your Claim
The state of Oregon operates under a modified comparative fault statute (ORS 31.600). For injured victims who are assigned a portion of liability for an accident, their final settlement will be reduced by their percentage of assigned fault. If you are found to be more than 50 percent at fault, you will not be able to pursue any compensation for your damages.
Having an attorney on your side who is well-versed in Oregon state laws may benefit your claim. Our attorneys are ready to build a robust case to try to make sure you are not assigned more than your fair share of fault, and we are also prepared to handle communication with insurance companies that frequently offer injured victims far less money than a case may be worth.
What are Some Common Causes of Wrong-Way Car Crashes?
There are many reasons that one car may collide head-on with another vehicle, but some of the most frequent driving errors or violations that lead to a wrong-way car crash include:
- Unsafe Passing or Lane Changes: Not allowing enough space when merging or passing can cause one or more drivers to end up in the lane of oncoming traffic.
- Distracted Driving: Texting behind the wheel can cause drivers to drift into oncoming traffic.
- Speeding: Drivers can unexpectedly lose control of their vehicles when traveling at high speed.
- Fatigued Driving: Often likened to driving drunk, a drowsy motorist can very easily drift off and into the pathway of oncoming traffic
- Drunk Drivers: When over the legal alcohol limit, drunk drivers are slower to respond to potential dangers or may not see them at all
- Confusion: If a driver is unfamiliar with an area, it can be easy to end up going the wrong way.
- Slick Roads: Drivers may lose control of their cars and end up in the path of oncoming traffic.
How an Experienced Attorney May Be Able to Help
There are some important first steps you can take to protect the value of your claim after an accident, such as getting immediate medical care. However, your claim may also benefit from the experience of a licensed attorney.
If you suffered serious injuries in a head-on collision and are looking for a nearby car accident lawyer, you can seek legal help with no financial risk.
Contact Rizk Law to arrange for your zero-cost legal consultation, and we will determine if you may have grounds for a case. If we represent you, there is nothing to pay for our services unless we first obtain a settlement or verdict for you.
We have the resources and staff to fully investigate the crash that caused your injuries, and we are prepared to fight for maximum compensation on your behalf. Richard Rizk, our firm’s founder, has a 10.0 rating on Avvo.