Orlando Personal Injury Lawyer
The Francis Law Group
Get Legal Help after a Head-on Crash
Of all the types of auto accident, a head-on crash is one of the most dangerous. When a victim is in a head-on collision that another party caused, he or she may have the right to take legal action, especially if the injuries are serious or permanent. To help you understand your rights, refer to the following, then call an attorney at the Francis Law Group – 888-327-2745.
Causes of Head-on Collisions
A head-on collision is an automobile accident in which two cars traveling in opposite directions crash into each other. A head-on accident is one of the most dangerous accident types and can lead to serious and fatal injuries. A head-on collision may occur because a driver runs his or her vehicle off the road, crossing the median and striking another vehicle. The run off the road may be due to distraction or fatigue while driving.
In other cases, a driver is speeding or otherwise driving aggressively, contributing to the collision. A driver may try to pass another vehicle while traveling on a single-lane road or may be intoxicated and drive on the wrong side of the road.
While no one ever intends for a head-on collision to happen, driver negligence is certainly a contributing factor. Driver negligence typically refers to any actions a driver makes that are illegal, irresponsible or otherwise outside of the realm of normal and reasonable behavior.
Injuries from a Head-on Crash
Head-on collisions are one of the most severe accident types. The injuries can be especially serious if the vehicle occupants were not wearing their seatbelts or if the driver(s) were speeding. Types of injuries may include crush injuries, traumatic brain injuries, facial injuries, spinal cord injuries, back injuries, fractures, internal injuries and more.
The injury types typically sustained from a head-on collision can result in death for some. For many, the injuries cause permanent impairment or disability, such as paralysis, limited mobility, amputation or cognitive impairment.
Damages Recoverable in a Personal Injury Lawsuit
In the event of a head-on collision that another driver caused, the victim has the right to file a personal injury action. But first, the victim may rely on his or her personal injury protection (PIP) to pay for medical expenses. Given the severity of injuries that occur in these accidents, though, PIP coverage is usually not enough to cover all damages.
During the legal proceedings against the other driver, the plaintiff will have to prove the defendant did something illegal or irresponsible at the time of collision, the irresponsible or illegal action caused the accident, and the accident caused injuries. The claimant or plaintiff also must establish the value of his or her damages.
A plaintiff in a personal injury lawsuit may recover both economic and noneconomic damages under Florida law. However, comparative fault laws in the state reduce the plaintiff’s recoverable damages by his or her percentage of fault. For example, if the plaintiff was 20 percent responsible for the accident (such as if he or she was distracted and did not pay attention to see the other driver cross the median), then the court or insurer would reduce the plaintiff's damages by 20 percent.
Statute of Limitations
If you suffered injuries in head-on crash in Florida that another driver caused, you must take legal action within four years, according to Florida Statutes Section 95.11(3). If you do not file your claim within this time frame, you may be unable to recover damages from the at-fault driver.
Contact an Accident Attorney Today
If you were in a head-on collision and suffered injuries or lost a loved one in a head-on collision, talk to an attorney. At the Francis Law Group in Orlando, we review your case, help you file your claim and help you prove fault, liability and the extent of your damages. To get started, contact us as soon as possible at 888-327-2745.