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Head-On Collision Lawyers

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Head-On Collision Lawyers

A head-on crash is one of the most serious types of auto collisions because the impact can cause serious physical injuries and property damage. Normally in this situation, a person injured in a head-on collision can sue for compensation if the other driver was negligent.

What Is Negligence in a Head-On Accident?

Negligence is the failure to use care an ordinary person would under the similar or same circumstances. A plaintiff proves a driver is negligent using elements of:

  • Duty: A defendant owes a duty to other drivers and pedestrians not to cause an accident or harm them while operating a motor vehicle.
  • Breach of duty: A defendant violates this duty when someone becomes injured during an accident.
  • Causation: A plaintiff has two ways to show the defendant caused the accident. Actual cause mean the defendant directly caused the head on collision. The test used to show actual cause is the “but for” test. In other words, but for the defendant driving head on into the plaintiff’s car, the accident would not have happened. The proximate cause indicates the defendant is legally liable for the accident, meaning that there is not another interceding act that caused the accident. 
  • Damages: Once it is established that a defendant did have a duty to the plaintiff and caused the head-on collision, the plaintiff must show that they sustained physical injuries and/or property loss. This is done by showing medical bills and costs for property repair or replacement.

Can the Defendant Claim That They Did Not Cause the Accident?

Yes. The defendant may have defenses available to them that they can use to reduce or eliminate a plaintiff’s award. For example, the defendant can claim the plaintiff suffered no injury because of the head-on accident. Other car accident defenses include:

  • Contributory negligence
  • Comparative negligence

Both of these defenses look at the plaintiff’s actions immediately preceding and during the accident.

Do I Need a Lawyer to Help Me with My Head-On Collision Lawsuit?

Laws government a head-on accident vary by state. If you have been involved in an auto accident, hire a qualified personal injury lawyer to assist you with the legal process of pursuing compensation for your accident-related injuries.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 05-07-2018 06:23 PM PDT

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