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Guidance & Resources for Head-On Collision Accident Victims
Guidance & Resources for Head-On Collision Accident Victims
Head-on collisions, particularly collisions caused by wrong way drivers, continue to tragically claim the lives of fatality victims on U.S. interstates and roads. The National Highway Traffic Safety Administration (NHTSA) reports that drivers traveling the wrong way on interstates cause between one and two percent of all traffic-related fatalities. Unfortunately, the number of fatal head-on collisions continues to rise according to the data from the Fatality Analysis Reporting System (FARS). Based on FARS, approximately 400 people die annually in deadly head-on crashes, and the frequency of these collisions continues to increase.
Few people would be surprised to learn that these types of accidents commonly involve motorists impaired by intoxicating substances like alcohol, prescription drugs, over-the-counter (OTC) medications, or illicit narcotics. A recent report found that in nearly half to two-thirds of accidents caused by wrong way drivers, those drivers were also substance-impaired. Motorists with impaired judgment and compromised perception face a greater risk of entering a freeway off-ramp because they fail to notice warning signs, or they become easily confused. Other things that often play a factor in causing head-on crashes include distracted drivers, elderly motorists, and confusing warning signs. Limited visibility during the night and early morning hours can make it more difficult for motorists to notice warning signs. Head-on accidents also tend to be more common at night when drunk drivers are often on the roads after a night of partying.
Head-on crashes cause a relatively high number of fatalities compared to other types of collisions. Even when both vehicles travel at relatively low speeds, the force of impact can be devastating when vehicles crash head-on. The energy from the speed of the vehicles moving in opposite directions is aggregated, so that two vehicles both moving at a speed of 60 miles per hour will collide with a force of 120 mph. The devastation caused by this force of impact can total a car and cause permanent, debilitating injuries to vehicle occupants. This threat of injury caused by a head-on collision can be worsened by projectiles like flying glass from broken windows that endanger all vehicle occupants.
Approximately 10 percent of crash-related fatalities are the result of a head-on crash.
Head-on accidents tend to be more common on two-lane highways with no center median or barrier in more sparsely populated areas. Without concrete barriers, guardrails, or a center median, it is much easier for a drowsy, intoxicated, and distracted motorist to drift into an adjacent lane. Texting while driving is another culprit in causing head-on collisions; studies have revealed that a driver checking a text message can travel the distance of a football field while averting his or her eyes from the roadway. Drivers also make judgment errors that can be exacerbated by alcohol or drugs. A driver might presume it is safe to enter the adjacent lane to pass a slower-moving vehicle, but misjudge the distance and speed of a vehicle approaching from the opposite direction in the same lane.
Tragically, motorists who are alert and cautious have very limited options for reacting and avoiding a vehicle barreling toward them in the same lane. The combined speed of the two vehicles affords even an alert driver limited response time to take evasive action and avoid a collision after a car has drifted into their traffic lane. While a poorly lit road at night always presents a challenge, this scene becomes terrifying when headlights approach in the same lane as both vehicles move, especially when moving at interstate speeds.
A recent tragic story about a woman in a head-on collision serves as a frightening reminder of the serious nature of this type of collision. The woman’s Ford Explorer was traveling on I-85 northeast of Metro Atlanta. As she approached Braselton in Jackson County, she collided with an 18-wheeler before slamming into another tractor-trailer and a van. She suffered severe injuries after being ejected from her vehicle. While the collision was still under investigation at the time of the drafting of this article, news reports indicate that law enforcement suspects alcohol was a factor in causing the crash.
Minor head-on collisions tend to be non-existent, because these crashes disproportionately result in permanent life-threatening injuries or fatalities. When a person is injured by a driver headed in the wrong direction, the motorist violating the rules of the road can be liable for negligently injuring the vehicle occupants in both their own vehicle, as well as any cars that they crash into. Injured victims can have the right to financial compensation for medical bills, pain and suffering, property damage, lost income, and other damages and losses.
When a negligent driver causes a fatality in a crash, a wrongful death lawsuit can provide compensation. Damages might be available for both the estate of the deceased and certain losses personally incurred by designated surviving family members; however, these damages will vary depending on the applicable law of the jurisdiction. It’s important to consult an experienced attorney who take the necessary actions to protect your legal rights, and who will fight to get you the compensation you deserve.
Individuals injured in an auto collision should seek legal advice promptly to safeguard their rights and remedies. Click here to receive a free case analysis and consultation with an experienced national car accident law firm.
EACH STATE HAS STRICT TIME DEADLINES TO FILE A CAR ACCIDENT INJURY LAWSUIT
WRONG-WAY COLLISIONS – STATUTE OF LIMITATIONS
ALL STATES HAVE STRICT TIME LIMITS FOR FILING AN AUTO COLLISION INJURY LAWSUIT. THESE STRICT TIME LIMITS ARE KNOWN AS “STATUTES OF LIMITATIONS.”
All states have “Statute of Limitations” laws that embody strict deadlines for filing a lawsuit or settling a claim, whether it arises out of a car accident or any other type of negligent or intentional conduct that causes injury or wrongful death. Delays in seeking compensation can result in the victim being barred from any recovery regardless of the merits of the claim. Given this harsh consequences for failing to comply with the statute of limitations, car accident victims NEED to know what important deadlines apply to their personal injury claim(s). These legally imposed deadlines vary depending on a wide variety of factors. The time limitations vary depending on the type of claim asserted; for example, a breach of contract and personal injury claim might have different time limits depending on the jurisdiction. It also can vary depending on the party or parties involved.
For example, if the lawsuit seeks compensation for negligence by a government entity, the injury victim will face tighter deadlines and the requirement that very specific notice be correctly provided to the government entity before it can be sued. If a federal entity has negligently contributed to a car accident, such as a federal employee who was performing his work functions for the government at the time of a collision, a different set of statutes of limitations and notice requirements must be observed. These legal time deadlines will also vary from state to state. Even if you think your claim might be barred by the statutes\ of limitations, you should speak to an experienced car accident lawyer because the time limits can be extended or “tolled” in some rare cases, such as when the injured party is a minor at the time of injury.
While many car accident claims can be resolved without trial or even filing a lawsuit, it is important to note that insurance policies also contain various requirements. For example, if notice is not provided in a timely fashion, the insured could lose out on the compensation and benefits the policy entitles the policyholder to receive.
Along with these insurance and legal deadlines, injury victims have other significant reasons to avoid unnecessary delay. By way of example only, as time passes critical evidence could be lost or altered, or witnesses could disappear or forget important facts.
An experienced head-on accident injury lawyer must investigate and acquire evidence before it is lost, destroyed or altered by the at-fault individual or business. This is why time is of the essence when contacting an attorney to preserve your legal rights and remedies. Click here for a free review of your claim.
KNOWLEDGEABLE ADVICE FOR ACCIDENT VICTIMS AND FAMILIES WHO TRAGICALLY LOST LOVED ONES IN HEAD-ON COLLISION ACCIDENTS THROUGHOUT THE UNITED STATES.
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