Head-On Collision Recovery: Legal Steps After a Dire Crash

Two drivers traveling in opposing directions crash head-on when their front ends come into contact. When two cars collide at high speeds, the power of the collision is typically amplified, making this sort of accident one of the most dangerous possible.

Particularly when two vehicles collide head-on, especially if they are going at high speeds, the results will be catastrophic. Head and chest injuries, spinal cord injuries, and other severe injuries and death are possible for the occupants of both cars.

Avoiding these typically fatal crashes requires cautious driving, adherence to traffic rules, and awareness of one's surroundings. Never let your attention wander from the road, and never multitask. In addition, turn on your headlights when visibility is limited, and stay away from passing on two-way streets unless it's absolutely necessary.

What is a Head-on Collision?

Head-on collisions are particularly dangerous since the fronts of both vehicles absorb the brunt of the impact. This may lead to extensive property damage and life-threatening injuries. The size and weight of the vehicles, as well as their speed and angle of contact, greatly influence the severity of the collision.

When a car accident occurs, the passengers in both cars might be pushed forward, perhaps colliding with the dashboard, airbag, windshield, and the column that holds the steering wheel. Concussions, whiplash, and traumatic brain injuries are just some of the common outcomes of a head-on collision. When those inside are thrown against anything, they risk being hurt in the chest or sustaining harm to the sternum, ribs, clavicle, or shoulders. People within are often expelled, leading to potentially fatal injuries.

Per the National Transportation Safety Board, distracted driving causes the lion's share of head-on collisions, similar to other types of vehicle wrecks. But regardless of the cause, there are a number of variables that may influence how serious injuries are in a head-on crash, including whether or not seatbelts and airbags were used, the age and condition of the cars, the quality of the roads, and the proximity of the vehicles prior to impact.

Liability in Texas Head-on Collisions

Legally, one has a "duty of care" to refrain from putting another person or their property in danger. In the context of traffic collisions, drivers have a legal responsibility to use reasonable care in Texas while operating their cars to prevent injury to other people and their property.

A motorist may be held accountable for the injuries or property damage they cause in an accident if they violate their duty of care by driving carelessly, recklessly, or in a way that puts others in danger. The considerations below are some that courts look at when deciding whether a motorist has violated their duty of care:

• Whether the motorist was abiding by all applicable regulations
• Whether a driver was impaired by drugs or alcohol or distracted by a mobile device
• Whether the motorist was traveling too fast for current conditions or otherwise driving recklessly
• Whether a driver maintained their vehicle properly

Damages may be awarded in a personal injury case if it can be shown that a negligent driver caused an accident and the plaintiff suffered harm as a consequence. Depending on the circumstances, the court may award losses for aspects like medical bills, lost pay, pain and suffering, and property damage.

How is Fault Determined in Head-on Collisions?

In Texas, liability is established according to the principle of comparative negligence. When one driver is obviously at fault in a car accident, the other driver's insurance company will often be liable for covering the victim's medical bills, car repairs, lost wages, and other damages. If, however, the plaintiff is found to have contributed in any manner to the accident, the regulations vary somewhat.

According to "modified comparative fault" legislation in Texas, the fault for an accident is split 50/50 between the parties involved. The fault distribution in Texas is often based on each participant's relative degrees of liability. That said, in Texas, the court will not award damages to a plaintiff found to be at least 51% at fault.

Defining a Duty of Care

When it is assumed that the defendant should have taken some action to protect another person's safety or should have avoided taking any action that may put that other person in danger, then the defendant has a legal responsibility to do so. This is called a "duty of care," and it exists in many contexts, such as between a doctor and a patient, an employer and an employee, or a driver and other road users.

According to Texas law on personal injury, a plaintiff who proves that the defendant owes them a duty of care has a negligence case. Duty, an obligation the defendant was obliged to perform under the law, arises because of the connection or relationship between the plaintiff and the defendant. If the court establishes that a "duty of care" exists in Texas, then it must determine whether or not it was breached by behavior that a reasonable person would not have deemed inappropriate under the same or similar circumstances.

As an example, a responsible motorist would never send a text message while behind the wheel. The driver's duty of care to operate their vehicle reasonably safely was breached if the driver was texting at the time of the accident.

Contact a Car Accident Attorney in Dallas

It is imperative that you contact a Dallas car accident attorney as soon as possible if you are dealing with the aftermath of a significant automobile collision. It's possible that you may get compensated for impending financial obligations, depending on the circumstances.

At the Rasansky Law Firm in Dallas, our team has more than three decades of expertise assisting clients who have been injured in incidents caused by careless and reckless drivers. In addition, our customers get trustworthy legal assistance from our group of highly experienced and highly regarded lawyers who work together as a team. We are willing to investigate the particulars of your accident in depth and assess the various legal alternatives available to you.

Contact our injury accident lawyers in Dallas at (214) 617-1886 for a free case review 24 hours a day, seven days a week if you were harmed in a vehicle accident in the state of Texas and have concerns about how to proceed with your case. Remember that you do not owe us anything unless and until we successfully win your case and you get the money you are due.