Most people who drive in Orlando are responsible and take care as they travel around to work, school and for leisure activities. However, more than 200,000 car accidents take place in Florida every year. That’s a lot of cases to investigate.
From these there will be many car accident victims. Some of them will walk away relatively unharmed. Others will face life changing injuries, and for a small number, who aren’t so lucky, the accident will prove fatal.
Head on collisions are one of the most serious accidents that can happen in a car. The severity of harm to the driver of the cars and passengers in automobile accident will vary depending on the speed, the road and weather conditions. According to the Insurance Institute for Highway Safety, more than half (56%) of deaths happen from head on collisions. This statistic is alarming.
A personal injury lawsuit involving head on collisions can be complex and time consuming. Sometimes, it can be difficult to determine who is at fault and whether the other driver of the vehicle was driving negligently or without due care and attention.
If you or a family member have been the victim of a head on collision, it’s important to seek legal advice and representation. A head on collisions lawyer can investigate specific details of the car accident case further, determine liability and help you understand what options are available to you. If this sounds like something that would help you, please call our team at The Law Place at (941) 444-4444 and we can offer you a free consultation from a personal injury lawyer.
Head On Collisions and Injuries
When a lawyer agrees to look at your case, there are many things they will consider. The first of these is to determine causation. Understanding the cause of the head on collision will help them gain a better idea of fault. Most head on collision accidents are preventable. This is because they happen due to negligent behavior when driving. Some of the main causes include:
Distractions
A driver can become distracted for many reasons. Cell phones, reaching for objects out of reach, using in-car technologies and passengers are all sources of distraction. When a driver becomes distracted, even momentarily, they can stray into the wrong lane and into the path of oncoming traffic and cause a car accident.
Poor Judgment
When an individual is intoxicated or under the influence of drugs, they often have no fear. Common sense disappears and they may feel invincible. Drunk driving for example, often leads to the driver taking risks such as dangerous overtaking or speeding. Getting behind the wheel while under the influence of alcohol or drugs is asking for trouble. Judgment is impaired, coordination is not as sharp and reaction times reduce. Perception and awareness are also affected. All of these things increase the risk of car accidents.
Tiredness
There may have been times when you have driven when tired. You’ve probably noticed that you are not as alert as you would be if you were properly rested and refreshed. Driving when tired can reduce the ability to think and react. Tiredness can even be the reason why an accident happens. The driver may fall asleep at the wheel and stray into the wrong lane. This is even more dangerous when traveling at high speed. A car crash in this situation can cause serious injuries.
Aggression/Impatience
Some drivers are naturally impatient on the road. Sometimes, aggression and impatience can lead the driver to take risks such as overtaking on a blind bend or when visibility is reduced. Other times, they may drive too fast which can cause an accident in bad weather. Aggressive driving is one of the major risk factors for a car accident.
Injuries from a Head On Collision
Even with the best safeguards and modern technologies in today’s cars, auto accidents and head on collisions can still prove extremely dangerous. The driver and passenger(s) in auto accident may suffer from any of the following:
Head Injuries
A head injury from a head on collision can be severe depending on the force of the crash. In some instances, it can lead to traumatic brain injuries. For the accident victim, this can lead to extensive medical care, mental anguish and permanent injuries. The car accident victim may need to take considerable time off work, lose wages and suffer emotional pain. Victims may also experience from neck injuries which may affect mobility.
Concussion
For more minor injuries, the accident victim may sustain a concussion. Even if the injury is slight, it should still be documented for any frontal impact collisions as it will be used as part of the legal claim by your head on collisions lawyer.
Whiplash
The force of the crash may cause whiplash. Although a whiplash injury is believed to occur from rear end accidents, victims of head on collisions can also suffer from it too. With a frontal impact collision, the motion of the head can cause damage to the soft tissues. Symptoms of whiplash may not always be immediately apparent after the accident. It can appear days after the accident. A free consultation with a lawyer will be able to gather the facts and determine if you suffered any lasting effects from the accident.
Broken Bones
The force of a head on collision may cause fractures or breaks in the bones. Depending on the severity of these, the victim may need extensive physiotherapy and rehabilitation to repair the damage.
Internal Injuries
Internal damage can be life threatening during a crash. Organ damage is one of the more serious injuries. The force of the crash could pierce or dislodge organs causing bleeding, ruptures and severe damage. A head on collisions lawyer will be able to gather evidence on the extent of your severe injuries and how they have affected you.
Spinal Damage
Damage to the spine which can affect mobility or in some instances cause complete paralysis. The muscles and discs in the back are fragile and the impact of a head on collision can affect the spinal cord. Victims can suffer from long term mobility issues and even permanent injuries. If the crash was caused by aggressive driving that led to your spinal injuries, your personal injury lawyer will need to gather information on the medical care you received.
Cuts, Bruising and Fractures
Although on the minor end of the scale, cuts, bruising and fractures can still cause the victim discomfort and distress as they recover from the accident. If you decide to take legal action against the other driver, these injuries can be recorded to support and strengthen your case if you wish to recover compensation.
Loss of Limbs
Sometimes a crash can crush the front end of a car if it’s a serious accident. The force of impact can cause limbs to become trapped under seats or become entangled in the internal fittings of the vehicle. Where victims are seriously injured or trapped, the only solution to save their life may be amputation. An experience such as this can be incredibly distressing. Loss of limbs will be documented in your medical records and used against the at fault party during any legal proceedings.
Fatal Injuries
Where a head on collision causes death, and the driver is found to be negligent, the car accident victims family may be able to seek compensation or instigate a wrongful death lawsuit. It’s important in this instance that you can establish negligence and/or who was at fault. This is where the use of police reports are necessary to achieve a fair settlement and recover damages for your loss.
Serious Injury Law Firm Support
Head on collisions often (but not always) result in serious injury, to the driver, passengers or both. They can have long lasting implications for all those involved. It’s not just the physical injuries that can cause problems. The car crash can affect victims on an emotional and financial level too. A car accident lawyer will assess your case, contact the insurance company, evaluate the extent of property damage and explain the legal process so you have a thorough understanding of your options after a head on crash.
Recovery may be lengthy, and the medical expenses soon add up. Victims may have to travel some distance perhaps to another state to seek medical treatment which means additional expenses for accommodation, travel and time away from work.
In the most serious of cases, the injured cannot return to the life they once knew. Their job is no longer suitable, they may have to move home to somewhere more accessible and injuries may cause constant pain and discomfort.
Broken bones, damage to the organs, loss of limbs and traumatic brain injuries can really have an impact on victims. Emotional issues can also arise such as post-traumatic stress disorder (PTSD), anxiety and phobias.
The combination of physical and emotional issues can affect a person so deeply, that they are no longer the person they once were.
Orlando auto accident attorneys who are knowledgeable in this area will be able to bring closure, help the victim make sense of what happened and heal from the traumatic experience.
Making a Claim
If you have been the victim of a head on collision and it wasn’t your fault, you may look to pursue legal action against the driver. If you decide this is the course of action you wish to take, finding a suitable car accident lawyer is the first step.
The top personal injury lawyer will be able to assess the claim and tell you your chances of success against the driver. Orlando car accident attorneys have a specialist skill set and they can provide in depth legal advice and guidance based on your situation. Every case is different and will be assessed on its merits. Based on the initial review and findings, the lawyer may conclude that you have a strong enough case to proceed. To start a claim, the following must apply:
- You were not at fault for the accident.
- Your insurance policy did not cover all of the losses that you sustained
- The manufacturer of a car or other party contributed to the accident
- You can prove that the driver of the vehicle involved in the head on collision did not meet their duty of care
- If these criteria can be satisfied, your lawyer will be able to advise on next steps and your role in the legal claim process.
We’re Florida’s top litigation team with over 75 years of combined experience
Exploring Damages
Serious traffic accidents, such as head on collision can have life changing effects on you and your loved ones. If your lawyer decides you have a case, there are two components to the damages you will receive. The first are financial damages. This will include the costs incurred for medical expenses etc. The second are non-financial damages. These relate to pain and suffering, emotional trauma and others.
You may pursue a claim if you lost a partner, parent, sibling or relative in the crash. In this instance, the claim would be for wrongful death. Surviving family members would aim to seek damages for their losses. Working with clients in a respectful way is essential during difficult times such as these. Your law firm should recognize this is a hugely upsetting experience and guide you through to finding justice for your family member.
Compensation or award of damages will be set on a case by case basis. Your legal team will calculate the total losses using their experience and legal knowledge. Damages are divided into a series of categories:
Property Damage
The scope and extent of damage to your vehicle and others involved in the car accident. Depending on the nature of the head on collision, damage may be caused to buildings or guardrails too.
Physical Damage
In a legal sense, this can include expenses you incurred such as lost wages and medical bills as well as emotional distress and suffering. An insurance company won’t always cover all the costs you had to pay. Although it is difficult to put a price on emotional distress, your lawyer will make an informed decision based on past cases and their knowledge.
Wrongful Death
This occurs if there was a fatality in the collision. The party found to be at fault will be liable for damages to cover loss of consortium for loved ones, medical costs, funeral costs and emotional pain and suffering.
From the initial call to updates on your case status, we are here to get you answers.
Establishing Liability
To achieve success in a head on collision claim, fault must be determined. However, it’s not always straightforward to identify who is liable when accident happened. A lawyer will however, take the following into consideration:
Duty of Care
All road users have a duty of care to others to drive in a safe and responsible way. Tiredness, intoxication and distractions all mean they were not fulfilling this duty. When drivers fail to meet their duty of care to other road users, head on collisions can happen.
Negligence
Negligent or distracted driving can cover many things. Some negligent behaviors include driving the wrong way, entering a highway on an off-ramp, being impatient and/or aggressive when driving or driving at high speeds.
Cause
The third element to be established is that of causation. The victim must be able to prove that their injuries were a direct result of the actions the defendant took.
While fault is handled differently depending personal injury law and on the state, in Florida, they operate on a pure comparative negligence system. This means that the damages owed will reduce by a percentage if it is found that some of the fault could be placed on you.
Legal Help
Seeking help after a head on collision can feel like a challenge. It’s important to get the right legal team on your side to properly investigate the case and get you the justice you deserve. Legal teams are skilled at managing accident cases that involve head on collisions.
When you have a dedicated legal representative they can explore the details of the case and undertake an investigation to identify who was at fault and bring a claim against any party found to be negligent. Victims will never need to collect evidence or contact witnesses to prove that you were not at fault.
Accident attorneys will be familiar with what evidence they must collect and who they need to consult to obtain it. Evidence gathering is crucial, particularly if it is not clear who is at fault. Lawyers will talk you through the entire legal process and offer guidance every step of the way until they bring your claim to its conclusion.
The recovery of compensation will depend on providing information on the extent of your losses. Often, insurers will not cover all of these. A lawyer can help you recover any additional expenses that you have sustained as a result of the car accident. Medical costs, lost wages and other fees will all be added to the claim.
Your lawyer will know the scope of what you can claim, what evidence you need to submit and the likelihood of insurance claim succeeding. Lawyers can also participate in negotiations on your behalf to reach a settlement or manage the proceedings if the case proceeds to court.
If you have been in a head on collision, sustained injuries and you were not at fault, speak to an Orlando car accident lawyer for further advice. Call The Law Place at (941) 444-4444 for a free consultation.
