A head-on collision is the type of accident that oftentimes leads to severe injuries such as traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, and even death. The financial and emotional toll of such injuries can be immense.
If you or a loved one has suffered harm in a head-on crash, you may be eligible to pursue legal action and seek compensation. But before doing so, it’s important to understand what exactly is involved in a head-on collision lawsuit.
In any car accident lawsuit, the first step is to establish liability – determining who was at fault for causing the collision. To prove liability in a head-on crash, experienced head-on collision car accident lawyers often help demonstrate that the other driver acted negligently. This may involve showing that the at-fault driver was intoxicated, distracted, speeding, or crossing over the center line into oncoming traffic.
Police reports, eyewitness statements, accident reconstruction evidence, and automobile black box data can all help substantiate who was at fault. The burden of proof lies with the plaintiff (the injured party) to show that the defendant (the at-fault driver) acted carelessly and directly caused the accident.
The second critical component of a successful head-on collision claim is proving damages. Your head-on collision car accident lawyers will gather evidence quantifying the economic and non-economic losses you’ve endured.
This includes medical bills, property damage, lost income, loss of earning capacity, and pain and suffering. Your doctor visits, surgery invoices, pharmacy receipts, pay stubs, tax returns, and other documentation all play a role in valuing your claim.
For non-monetary damages like emotional distress, permanent disfigurement, or disability, expert testimony is often utilized to assign a dollar value. An experienced attorney will retain accident reconstructionists, doctors, vocational experts, and other professionals to validate your damages.
Many head-on collision claims settle out of court through negotiations between attorneys. Your lawyer will send a demand letter to the insurer of the at-fault driver, providing evidence of liability, documentation of damages, and a settlement amount that will fairly compensate you. The insurer will likely make a counteroffer. Your attorney may then negotiate back and forth until an acceptable settlement is reached.
Going to Court
However, if a fair settlement cannot be secured through this process, your head-on collision car accident lawyers will take the case to trial. There, a judge or jury will hear arguments from both sides, examine evidence, and determine whether the defendant is liable for your damages. Your lawyer will advocate aggressively in court to help achieve a favorable verdict.
It’s important to have an experienced trial attorney ready to go to bat for you, as most defendants don’t want to risk an adverse judgment. Your lawyer’s willingness to take the case as far as needed puts pressure on the insurance company to offer an adequate settlement.
Consult Head-on Collision Car Accident Lawyers
The aftermath of a head-on collision can be extremely challenging. An attorney experienced with these types of serious accident cases can help reduce stress, deal with insurance companies, prove liability, maximize compensation, and spare you any out-of-pocket expenses.
If you’ve been harmed in a preventable head-on crash, contact a qualified car accident lawyer right away to discuss your options and ensure your rights are protected. With strong legal representation on your side, you can focus on what matters most – healing and getting your life back on track.