Negligent drivers often cause head-on collisions by engaging in dangerous behaviours like speeding, distracted driving, or driving under the influence of alcohol or drugs. These actions can lead to losing control or veering into oncoming traffic.
If you’re involved in such an accident, you can file a claim with the at-fault driver’s insurance company. This process typically involves proving that the other driver’s negligence caused the crash and that you suffered damages.
A skilled Edmonton car accident lawyer can handle the claims process for you by gathering evidence, negotiating with the insurance company, and ensuring that you receive fair compensation for lost income, pain and suffering, and other accident-related losses. They can also help if the insurer offers you an inadequate settlement.
Common Ways Negligent Motorists Cause Head-on Car Crashes
Head-on car collisions are some of the most dangerous accidents, often resulting in serious injuries or fatalities. Negligent driving plays a major role in causing these crashes, with several common behaviours contributing to the risk.
One of the primary ways that negligent drivers cause head-on collisions is by failing to stay in their lane. This can occur when a driver becomes distracted, such as by looking at their phone or becoming too engaged in conversation, leading them to drift across the center line into oncoming traffic.
In some cases, drivers may be under the influence of alcohol or drugs, which impairs their judgment and coordination, making it difficult for them to maintain proper lane discipline.
Another significant factor is speeding. When drivers exceed the speed limit, they have less time to react to hazards, such as an unexpected obstacle or another vehicle coming toward them.
The faster a vehicle travels, the more difficult it becomes to regain control if something goes wrong. This increases the likelihood of a driver veering into the opposite lane – especially when they are trying to pass other cars. Speeding is particularly dangerous on winding roads or in poor weather conditions, where the risk of losing control of the vehicle is higher.
Fatigue is another major contributor to head-on collisions. A tired driver is more likely to fall asleep at the wheel or become less aware of their surroundings, leading to a loss of control over the vehicle. This can result in a driver veering into oncoming traffic without realizing it until it’s too late.
In some cases, overly aggressive drivers try to overtake other vehicles unsafely, which can lead to an accidental head-on crash. Impatient or reckless drivers may disregard the need for caution when passing in areas with limited visibility.
What Are the Most Frequent Injuries in a Head-on Car Accident?
Victims of head-on car crashes often suffer a wide range of injuries, both physical and mental, due to the severity of these collisions. Physically, the most common injuries are to the head, neck, chest, and limbs.
The force of a head-on crash can cause traumatic brain injuries (TBIs), such as concussions or more severe brain damage. These injuries may result in long-term cognitive issues, including memory loss, difficulty concentrating, or even permanent disability. In some cases, the force of the collision can cause skull fractures or internal bleeding, further complicating recovery.
Neck injuries, particularly whiplash, are also common. Whiplash occurs when the head is suddenly forced forward and then snapped back, straining the muscles and ligaments in the neck.
This can cause severe pain, stiffness, and even nerve damage in the neck and upper back. Spinal cord injuries are also a concern in head-on collisions, as the violent impact can result in partial or full paralysis, depending on the severity of the injury.
Chest injuries are another serious concern. Victims often suffer broken ribs, punctured lungs, or internal organ damage, which can be life-threatening. The force of the crash may cause the victim’s chest to compress, leading to fractures or bruising of the ribs, which may interfere with breathing and cause severe pain.
In some cases, injuries to the heart or lungs lead to more complicated medical conditions.
Legs and arms are also frequently injured in head-on crashes. Broken bones, fractures, and dislocations are common, as the impact can force the victim’s body forward and cause limbs to collide with parts of the vehicle or the dashboard. These injuries may require surgery, long recovery times, and physical therapy.
Beyond physical injuries, mental and emotional trauma is another significant effect of head-on crashes. Victims often experience post-traumatic stress disorder (PTSD), anxiety, and depression – particularly if the crash was life-threatening or resulted in the loss of a loved one.
Survivors may struggle with flashbacks, nightmares, or a constant fear of driving, which can severely affect their quality of life and mental well-being. In some cases, therapy or counselling may be necessary to help victims cope with the emotional aftermath of such a traumatic event.
How Do You Prove Liability and Damages in a Head-on Car Crash Case?
In a head-on car accident case, proving liability and damages requires gathering evidence to establish fault and the extent of the injuries and losses sustained.
To prove liability, one of the most critical pieces of evidence is the accident report, typically filed by law enforcement officers at the crash scene. This report includes details about the crash, such as the location, the vehicles involved, and the conditions at the time of the accident.
It may also contain statements from witnesses and an officer’s assessment of who was likely at fault based on the available evidence. This report can establish one party’s negligence, such as by failing to stay in their lane, speeding, or driving under the influence of alcohol or drugs.
Witness statements are another important type of evidence. Eyewitnesses who saw the accident occur can provide a firsthand account of how the head-on crash happened. Their testimony can establish who was responsible for causing the collision and may support claims about the other driver’s behaviour, such as swerving into the victim’s lane or running a red light.
Video footage from nearby cameras or dash cams can also play an important role in confirming the details of the accident and showing the exact sequence of events leading up to the crash.
In addition to proving liability, evidence is needed to establish the damages that the victim suffered. This includes medical records that document the injuries sustained in the accident.
These records can demonstrate the severity of the injuries and provide a clear link between the accident and the victim’s medical condition. Photographs of the accident scene, vehicle damage, and visible injuries can also be powerful evidence in showing the extent of the victim’s physical harm.
For claims related to lost income or future earnings, documentation such as pay stubs, tax returns, and letters from employers may be used to prove how the accident has affected the victim’s ability to work. In some cases, expert testimony from doctors or economists may be necessary to estimate long-term lost earnings or loss of earning capacity.
Finally, to prove non-economic damages like pain and suffering, victims may provide testimony about how their injuries have affected their daily lives, relationships, and emotional well-being.
All of this evidence works together to build a comprehensive case for liability and damages in a head-on car accident case.
Types of Recoverable Damages in a Claim or Lawsuit
In a head-on car accident case, victims may be entitled to a variety of compensation beyond the obvious costs like lost earnings.
These recoverable losses address the broader effects of the accident on the victim’s life.
- One significant compensable damage is lost income. When a person suffers an injury in a head-on collision, they may be unable to work for an extended period. This lost income can create serious financial strain, especially if the injuries are severe or long-lasting. Compensation for lost income is designed to replace the earnings that the victim would have made had the accident not occurred.
- If the victim’s ability to work in the future is affected – such as when they can no longer perform the same job due to a permanent injury – damages may be awarded for lost earning potential as well. This is often calculated based on the victim’s current income, their career trajectory, and the long-term effects of their injuries.
- Pain and suffering is another compensable damage available to accident victims. This refers to the physical and emotional distress resulting from the injuries sustained in the accident. The pain associated with serious injuries can be long-lasting, and the victim’s quality of life may be significantly affected. Additionally, mental suffering like anxiety, depression, and post-traumatic stress disorder (PTSD) can arise – especially in cases of severe or life-threatening accidents. Compensation for pain and suffering is typically awarded based on the severity and permanence of the injuries, and it can vary widely depending on the circumstances of the case.
- In some cases, victims may be awarded compensation for emotional distress. This goes beyond the physical pain and addresses the psychological toll that the accident has had on the victim. For example, someone involved in a head-on collision may experience constant anxiety, nightmares, or a fear of driving. These emotional scars can have a lasting effect on the victim’s relationships and daily life.
- Lastly, the injured person’s spouse may claim loss of consortium. Compensation for this damage addresses the emotional and physical effects the injury has on relationships, including loss of companionship and intimacy.
Successfully Settling or Litigating a Head-on Car Accident Case
Deciding whether to settle or litigate a head-on car accident case can be a complicated decision that depends on several factors.
One of the first things to consider is the strength of the case. If the evidence clearly shows that the other driver was at fault – such as through witness testimony, traffic camera footage, or an accident report – it may make sense to settle quickly.
A strong case increases the likelihood of a favourable settlement offer from the insurance company. In such cases, accepting a settlement can save time and avoid the stress of a lengthy trial.
Settling may also provide quicker compensation, which can be important if the victim is facing financial strain due to lost income or long-term disability.
On the other hand, if liability is disputed or the at-fault party is denying responsibility, litigation may be the better option. When the insurance company offers a low settlement that doesn’t reflect the full extent of the damages, litigation may be necessary to ensure fair compensation.
At a trial, the judge or jury will have an opportunity to hear all of the evidence and make a final decision. If the victim’s injuries are severe and long-lasting, litigation may be needed to secure the full amount of damages, including compensation for pain and suffering, emotional distress, and loss of future earnings.
The severity of the injuries and the long-term effects on the victim’s life also plays a key role in the decision.
In cases where the victim’s life has been dramatically altered – such as in instances of permanent disability or emotional trauma – a larger settlement or jury award may need to reflect the full extent of the harm.
Additionally, the willingness of the involved parties to negotiate can affect the decision. If both sides are open to a reasonable settlement, your lawyer may recommend that you avoid the uncertainty of a trial. However, if negotiations break down or the opposing party refuses to offer a fair amount, litigation may need to secure justice and fair compensation for the victim.
Speak to a Knowledgeable Car Accident Lawyer Today
If you or a loved one recently suffered damages in a head-on car crash, you are not alone. A skilled Edmonton personal injury lawyer can handle every step of the process for you and pursue the maximum compensation you deserve for your losses.
