Head-on collisions are the deadliest type of automotive crashes, and those who survive can sustain life-changing injuries because of the speed at impact. Two vehicles each traveling at 60 mph as they approach each other will impact at 120 mph force.
Those who survive, and the families of those who perished in this type of crash, need a dedicated accident attorney who is well-versed in handling these cases to recover damages, such as the experienced Fort Lauderdale head-on collision lawyers who have worked on many of these cases.
Fort Lauderdale head on collision lawyers know that the majority of these lethal crashes happen on straight sections of rural roads and two-lane roads without a divider, when one of the drivers drifts into the oncoming lane, leaving the approaching driver with little time to react. Collisions during passing maneuvers are not as prevalent.
The Highway Safety Information System reports that 75 percent of head-on collisions happen on rural roads and on undivided two-lane roads.
Fatigue, falling asleep, distraction, and impairment are the main reasons that head-on collisions happen, with secondary causes of losing control of the vehicle being bad weather, passing mistakes, and failing to adhere to traffic signs. Some head-on collisions in cities are caused when a driver enters a freeway or highway going into approaching traffic despite the large “wrong way” warning sign.
The offending surviving driver can be charged with a criminal offense if alcohol or drug impairment is involved. That driver, or the driver’s estate if the driver is killed, can also be sued civilly to pay for the damages of those who are harmed or lost a loved one.
Even passengers who are not related to the offending driver can sue the driver or the estate for damages.
The law used to sue is broadly personal injury, and specifically, negligence. Florida has adopted the comparative negligence standard. Under this law, anyone who has any fault in causing the collision cannot sue for all the damages incurred. Damages are limited by the percent of fault. If a driver was determined by a jury to be 20 percent at fault, only 80 percent of the damages are available.
The basis of negligence law is treating others with a degree of care that a prudent person would use if the situation was the same, which is called duty of care. Proving negligence is upon the person bringing the lawsuit. Those who share the road have a legal obligation to others on the road, and thereby have a legal responsibility to prevent harm or property damage.
Survivors of head-on crashes often sustain head trauma, brain damage, spinal cord paralysis, neck injuries, internal injuries, dental damage, broken bones, and severe burns if the impact caused a fire. The purpose of a Fort Lauderdale head-on collision lawsuit is not to punish. It is to hold the negligent party financially responsible for the harm caused.
Economic damages include medical care and loss of earnings, while non-economic damages include pain and suffering, emotional trauma, mental anguish, and loss of companionship. In death situations, the legal recourse is a wrongful death lawsuit.
Your Fort Lauderdale head-on collision lawyer provides a free, no-obligation consultation to assess the case. Damages will be paid by the defendant, and if the case does not achieve damages, the lawyer is not paid. Get in touch today to begin your case.