Head-on crashes are especially dangerous because they occur so quickly and deliver a significant amount of force to the victims. When two vehicles approach each other, there may be little to no time to take corrective action.
If you’ve been injured or a family member killed in a head-on vehicle crash, Tyler Fleck can help you receive the compensation you deserve for the trauma and pain you’ve endured. You can discuss the situation with him in a free consultation by calling his office at (270) 446-7000.
Why Do Head-On Crashes Occur?
A driver may enter a limited-access highway by using an exit as an entrance and end up driving into oncoming traffic. Due to poor traction and a vehicle traveling too fast for the conditions, it may leave its correct lane and end up in the opposite lane, striking an oncoming vehicle. These accidents can happen if a vehicle drifts into the other lane if a driver is intoxicated, fatigued, or just distracted.
Another situation is someone improperly or illegally passing another vehicle and striking another headed their way. They ignore the solid painted lines in the roadway or signs warning them not to pass. They may also pass a slower vehicle on a curve, in an area with insufficient sight lines, or approaching an intersection.
Someone may also end up in oncoming traffic because they struck another vehicle or tried to avoid a collision. The driver may also suffer a medical incident and be wholly or partially incapacitated.
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Why are Head-On Collisions So Dangerous?
There is a disproportionate number of fatalities and injuries caused by head-on collisions because so much force is delivered to vehicle occupants. The National Highway Transportation Safety Administration (NHTSA) states that it knows of a total of 174,842 head-on vehicle crashes in 2023.
They represent 2.8% of all known accidents that year, and they caused 11.2% of vehicle-crash-related fatalities and 5.1% of accidents that just resulted in injuries. The only type of accident that caused a greater share of deaths involved vehicles hitting each other at an angle (18.7%). They made up 22.7% of all accidents. There were nearly ten times as many angle accidents as those involving head-on collisions, but they resulted in only 50% more fatalities.
If you’re driving 50 miles per hour and strike something that’s not moving, like a parked car, telephone pole, or guardrail, the results can be catastrophic, even if you’re belted in and airbags deploy. The force of an accident with a vehicle headed towards you because of your combined mass and acceleration is far greater.
Automobiles can weigh between 2,500 and 4,200 pounds, according to JD Power. SUVs and pickups may weigh from 3,500 to more than 6,000 pounds. A fully loaded semi-truck could weigh 80,000 pounds. Even a collision on a side street at low speed could result in severe injuries.
How Would an Insurance Claim or Personal Injury Lawsuit Play Out in This Kind of Case?
Personal injury cases have two major issues: liability and damages. You must show the other driver was at fault to establish their liability (they’re legally obligated to compensate you). If you can do that, you must prove your damages, which is the resulting harm that, under Kentucky law, you’re entitled to be compensated for.
These cases are based on the facts of the situation. If you or your family member was traveling down a street or highway when it was struck by someone going the wrong way, your case should be relatively simple because the other driver’s fault should be clear.
These cases are based on the legal theory of negligence. Because of their relationship with others using the road, drivers must operate their vehicles reasonably safely. Given the danger involved, making mistakes that result in driving in the opposite lane or intentionally doing so is clearly unreasonable. The case would be strengthened if the other driver is issued a ticket or arrested as a result of the accident.
This isn’t a case where one driver or another may have had the right of way, whether someone used a turn signal or not, or what was a reasonable speed given the weather conditions. Liability is usually clear if a vehicle was traveling in the wrong lane towards oncoming traffic. That’s just something no one should do.
Most of the time and energy spent on these cases is on establishing the plaintiff’s damages, which can include pain, suffering, the impact on relationships, lost wages and benefits, and lost function due to permanent injuries. If the driver’s actions were intentional or they acted recklessly, an injured party may collect punitive damages.
Were You or a Loved One Involved in a Head-On Collision? If So, We Can Help
These accidents often cause disabling or fatal injuries. This is not the time to try to settle a case yourself because your potential recovery, if the case is handled properly, could be substantial, so you may have a lot to lose by taking a DIY approach.
Call The Fleck Firm at (270) 446-7000 to schedule a free consultation. We’ll discuss what happened, how Kentucky law may apply, and your best options to proceed. Insurance companies have lawyers. You should have one, too.
