A head-on accident in California is an especially dangerous type of car crash. Head-on collisions are often fatal, and survivors are left with severe injuries and steep medical bills. In order to recover compensation for economic and non-economic damages, the plaintiff must prove the other driver was at fault.
Holding the defendant liable can prove complicated. You need an experienced car accident lawyer to handle your case and help you get the compensation you deserve. Your attorney will ensure the insurance company doesn’t pressure you into accepting a low-ball settlement and file a lawsuit if necessary.
In this article, we explore how to prove the other driver in a head-on collision was negligent.
A Head-On Accident Can Cause Devastating Injuries
According to the California office of traffic safety, in 2019, the death rate was around 1.06 per one hundred million miles.
Head-on collisions are some of the worst accidents that car accident lawyers deal with. The injuries are very serious. Oftentimes, people die or are left permanently disabled. Even if you follow every traffic rule and drive safely, the other driver can come out of nowhere. The next thing you know, you and your loved ones are in the emergency room.
Some of the injuries caused in a head-on collision include the following:
- Head and neck injuries
- Broken bones
- Traumatic brain injury
- Spinal injury
- Facial disfigurement
Common Causes of Head-On Collisons
Most head-on collisions are caused by impaired drivers. This includes both drunk drivers and people under the influence of drugs. They could be high and lose control of their car. Or, they’re drunk and they drive recklessly.
According to Driver’s Prep, other common causes of head-on collisions include:
- Speeding – Drivers who drive too fast for conditions, lose control of the vehicle, and skid into oncoming traffic.
- Drowsy driving – Drivers who fall asleep at the wheel and drift into oncoming lanes of traffic or run off on the far side of the road.
- Illegal passing – On two-way two-lane roads, passing in a no-passing zone may cause collisions.
- Road obstacles – Drivers who swerve around an obstacle, animal, or dip on the roadway, may swerve into an oncoming traffic lane.
Proving Fault for a Head-On Accident in California
In order to prove your case and receive damages, your California car accident lawyer will need to show the following:
- The defendant had a duty of care toward you – This is not that hard to prove. Every driver owes the other motorists a certain duty of care. At a minimum, they need to obey the traffic laws. This includes DUI and reckless driving.
- They breached this duty of care – If the defendant does something other than obeying the traffic laws, they can be considered in breach.
- You were injured – This is why you need to go to the hospital. The best way to prove you were injured is to submit medical records.
- Your injuries were caused by the defendant’s breach – You need to show that you wouldn’t have been hurt had the defendant not breached their duty of care.
Your attorney may use eyewitness testimony, a car’s dashboard camera, the CCTV footage of the nearest traffic signal, and many other things as evidence in your case.
It’s important to keep in mind that the insurance company will also investigate the accident. The insurance company can call you to ask for important information. You need to be careful when speaking with the insurance company.
Under California’s comparative negligence law, your compensation will be reduced if it’s determined that you are partially responsible for the accident. If you are found 50% responsible for a head-on accident in California, your compensation amount will be reduced by 50%.
How Can a Lawyer Help?
By now, you must have realized that such cases are complicated. A skilled attorney at the Crockett Law Group can deal with these situations and can help you recover your loss after a head-on accident in California. Our firm has recovered millions of dollars on behalf of clients.
You can reach out to us anytime to get a free consultation. There are no upfront fees, and you only pay us if we win compensation for you.