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Accident Victims' Rights in Head-on Collisions

October 13, 2022 | Category: Automobile Accidents | Share

Head-on crashes, which account for about 30 percent of all accidents, are much more likely to result in fatal and serious injuries than other types of highway crashes, according to the National Transportation Safety Board (NTSB).

Here are a couple of examples of head-on accidents:

  • On Monday, August 22, 2022, a woman tragically died, and another person was critically injured in an Ormond Beach accident, according to the police department officers responding to the call. A pick-up truck was traveling south in the northbound lanes and slammed head-on into a black SUV. 
  • A driver was involved in a near-miss head-on collision when entering a mall's parking lot. A vehicle making a left turn to exit did not see that the road was divided by a median strip, and instead of driving to the right of the median, drove to the left in the one-way entry lanes.

Head-on crashes typically occur when a vehicle crosses the median, or center line, and crashes into an on-coming vehicle. Sometimes a driver travels the wrong way in a traffic lane either knowingly or unknowingly. Confusion may be the cause of some head-on collisions. Head-on crashes can occur as a result of a driver's inadvertent actions such as running off the road or deliberate actions, such as executing a passing maneuver on a two-lane road.

Authorities responding to accidents state the common causes of head-on collisions are:

  • Going the wrong way on a road
  • Avoiding debris or a stopped vehicle by suddenly swerving
  • Passing incorrectly on a two-lane road
  • Falling asleep and drifting into oncoming traffic when behind the wheel
  • Speeding on straight roads and around curves
  • Not seeing, reading, or following road sign instructions
  • Driving under the influence of alcohol or drugs
  • Driving while distracted by texting, using cell phones, etc.

The National Safety Council (NSC) recommends “The four R’s” when trying to avoid a head-on collision:

  1. Read the road ahead. Look around your vehicle. Look up to the next hill, curve, or overpass to be aware of your surroundings and other vehicles. Communicate with other drivers using your horn and headlights.
  2. Drive to the right. If you see an oncoming vehicle nearing the center line, begin to brake and drive slightly to the right of your lane. The closer the other car comes to your vehicle, the further you must move to your right. This will put you in a position to be seen sooner by oncoming vehicles intending to pass and for you to be closer to the right for your “escape right.”
  3. Reduce your speed. Reduce your speed for any hazard or oncoming vehicle in your lane. By reducing speed, you lower the energy of the car and therefore increase your control.
  4. Ride off the road. Be prepared to drive completely off the road. Drive, don't skid, off the road. If you skid, you lose control. So don't lock your brakes. Look where you want to go and follow the path of least resistance. Remember, it's natural to aim the car where you're looking.

The most common injuries accident victims may receive in head-on collisions include:

  • Back and spinal cord injuries
  • Blunt-force trauma
  • Broken bones
  • Burns
  • Chest injuries
  • Internal organ damage
  • Neck injuries
  • Traumatic brain injuries (TBI)

There are never guarantees that an accident victim will make a full recovery from catastrophic head-on accident injuries. Recovering can involve extensive medical treatment and physical therapy, time missed from work, long-term rehabilitation, and the accident can potentially change one’s lifestyle and residence.

Florida law allows accident victims to file a lawsuit for financial recovery for injuries and injury-related losses. This can be done by either a settlement or a jury verdict at trial. Our Fort Myers accident attorney and legal team investigate and gather evidence to substantiate our client’s losses and present the best case possible. Spivey Law Firm, Personal Injury Attorneys, P.A. negotiates with insurance companies. Should negotiations fail in getting our client a fair settlement, we go to trial. Often when insurance companies know we are willing to go to trial and have done so successfully in the past, they are more willing to settle the personal injury lawsuit. All of our clients have unique cases. We provide personal contact and communication along with aggressive representation.

Most Florida car accident lawsuits have a statute of limitations of four years from the date of the accident for filing. However, in order to prepare a case, accident victims are encouraged to contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention so that we can immediately take action to protect evidence, obtain surveillance videos and photographs, gather witness information, and gather evidence for accident investigations and reports. 

"Should you or a loved one be injured in a head-on accident, please contact us at  239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com,” said Fort Myers Accident Attorney Randall Spivey.

 

 

 

 

 

 

 

 

 

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