Head-on Accident DetailsA head-on accident usually happens because of a driver’s negligence. He may have turned down a one-way street and proceeded as normally without realizing his error, or he may have gotten on the wrong side of a freeway when making a turn. He could have turned into an intersection and tried to beat a light, or he may have tried to go around a vehicle that was double parked or that was moving too slowly on the street. Head-on crashes happen at all speeds, and of course, the higher the speed, the higher the chance of severe injuries. Drivers who are involved in head-on crashes are usually driving late at night or while under the influence of some kind of drug or alcohol. They may have simply made an error in judgment, though, resulting in the crash. It is important that you find out the reason for the driver’s negligence and his actions. Such accidents result in the highest death toll as well. It is not uncommon for head on crashes to claim the lives of all the people involved. Other injuries may include:
- Neck and spinal cord damages
- Broken bones
- Herniated discs
- Brain damage
- Internal organ damage
- Severed limbs
- Nerve damage
- Torn muscles
- Cuts and bruises
- Lacerations and abrasions
- Burns and penetrative wounds
- Crushing injuries
Call (213) 389-3765 to set up a free, no obligation consultation to find out if you have a case.A head-on collision usually has a clear offender who acted negligently. If you need assistance in suing this individual, contact our law firm.
Establishing Negligent ActionPersonal injury lawsuits are filed based on the negligent actions of another party. This means that you will have to show that the other driver who collided with you head-on was negligent in his duty of care. This duty of care is owed to everyone by everyone while driving. A breach of the duty, such as by ignoring the right of way of another car, is the second point. The third point is the accident that stems from the breach, and the final point is the ensuing damages from the accident. These damages must be physical – if you were not hurt, you won’t be able to file a personal injury claim. Instead, you will only be able to pursue compensation for any property that was damaged and the loss of wages from your job. Our lawyers are able to prove that you were the victim of negligence. Call us today and let us help.
How to Gather EvidenceA head-on collision may put you in the hospital for some weeks or even months if the injuries were particularly severe. You should make sure that you acquire as much evidence as you can by any means necessary. You should take photos of your injuries to show how hurt you were and should take the medical notes from the paramedics and the hospital to detail the extent of your damages. You should also get medical treatment regardless of whether you were hurt or not. If you wait too long between the accident and the treatment, it will be more difficult to show that the injuries stemmed from the crash. There may have been eyewitnesses on the street or in other cars or passengers riding along who saw the accident happen. You can talk with these individuals and record their statements and testimonies about what happened. In car crashes involving bodily injuries, the police are usually called. You can request a copy of the police report to get further evidence for your claim. If you have questions about how to ensure that you have enough evidence, contact a lawyer at our offices today. We’ll help you through the process.
Time Limit to File a LawsuitAs per California law, you only have 2 years from the date of the injury to file a personal injury lawsuit. This means that if you were in a car accident and decided to wait 3 years to file a claim, you would be rejected by the insurance company and not be able to go to court to pursue anything. The statute of limitations is meant to make cases progress quickly and to not let them stagnate on the sidelines. You may be eligible for an exception to the statute of limitations if you were underage at the time of the accident or if you were physically or mentally incapacitated, the deadlines would start counting down from the relevant days of legal age or recovery, respectively. The defendant may also have moved away or gone on an extended trip out of the state or country, in which case, the time limit would be temporarily suspended until he returned. Many people do not know if they are able to have the statute tolled; contact one of our skilled lawyers in Los Angeles for more help.
Valuing Your CaseThe insurance agent responsible for handling your head-on collision lawsuit does not have a calculator that he uses to plug in your damages and acquire a number. He will weigh everything and consider numerous angles before making an offer. The most important consideration will be given to your injuries – how extensive they were, how severe they were, and how much of an impact they had on your life and career. If they were particularly damaging, you may earn more for your lawsuit than if you quickly healed. Our attorneys can help you determine the ballpark value of your case, but there is no guarantee that it will match the offer from the insurance agent. Instead, we will work to negotiate a better deal from the agent and will not stop until he makes a satisfactory offer. We know that you likely won’t be able to negotiate the best deal from the agent, and we will strive to bring you exactly what you deserve.
Potential Compensation for Your LawsuitYou should be aware that a personal injury lawsuit can result in you receiving numerous forms of compensation for your damages. You could receive some of the following:
- Medical expenses: Your medical bills, including fees from surgery, hospitalization, ambulatory transportation, medication, and more can be covered. Further, if you are in need of future treatments because of lingering problems, those bills can be taken care of as well.
- Lost wages: You may have missed days of work because of your injuries or because of the accident itself. This could very easily lead to a large amount of money that you won’t earn. You may be able to have these wages reimbursed. Moreover, if you need extra recovery time or if additional medical treatments will put you out of commission, those future lost wages can be covered as well.
- Property damage: Your car may have been greatly damaged in a head on collision, and you could require extensive repairs. It may have even been totaled, resulting in the need for a new vehicle. Your personal items in the car, such as cell phone, laptop, books, electronics, and more could have been damaged as well. All of these costs could be covered.
- Pain and suffering: The emotional damages you suffered from the accident can be covered. You may have been subjected to PTSD, anxiety, fear, psychological scarring, and more because of a collision.