Of all types of car crashes and collisions, head-on wrecks are the deadliest and can cause catastrophic injuries. Competent legal representation is necessary to prevail in the legal battles that may occur in the aftermath. A West Palm Beach head-on collision lawyer should have experience successfully representing many survivors, and the families of those who did not survive. If you have been involved in a collision, consult a qualified West Palm Beach car accident attorney who can fight for a positive outcome for you.
Defining Head-On Accidents
Head-on collisions comprise a small percentage of all wrecks, about two percent, but they cause about 10 percent of fatalities from all wrecks. Head-on collisions, reports the Safety Information System, happened 75 percent of the time on undivided two-lane roads and on rural roads. They are mostly caused by impairment from alcohol or drugs, a distraction including texting or even a rabbit running across the road, fatigue, and falling asleep at the wheel.
Other causes are speeding, failing to obey traffic signs, such as the “Wrong Way” on-ramp signs, loss of vehicle control such as a tire blowout, stormy weather and bad road conditions, damaged pavement, animal crossings, and misjudging time, speed or distance when attempting to pass, particularly if visibility is an issue. Because the approaching speed of both vehicles is combined with impact, survivors suffer brain damage, paralysis from spinal cord damage, internal injuries, injuries to the neck and back, broken bones and teeth, and burns.
Gauging Case Validity
So many circumstances occur before, during, and after a horrendous head-on collision, and these must be weighed against the applicable law to determine a case. To begin, a West Palm Beach head-on collision lawyer from Kogan & DiSalvo can provide a consultation at no cost to evaluate what happened and why, as well as determine if a case meets the necessary law and the best course for legal action.
Those who take advantage of a consultation and decide to hire the lawyer, pay nothing up-front. Our experienced personal injury lawyers work on a contingency basis, meaning if they do not win, they are not paid. Winning means the attorney fees are paid from the money a jury or the court requires the offending party to pay the injured or survivors, or from the settlement achieved.
Negligence in a Head-On Collision Case
Negligence has four elements for the West Palm Beach head-on collision lawyer to prove. In society, responsible people have a legal duty of care toward others so as not to cause them any harm or damages to their property. Negligence is proven by showing that the action of the defendant violated that duty, and because those involved shared the duty of protecting other drivers, there cannot be a defense that a duty was not owed. It also must be proven that the violation is a breach, and the breach caused the collision, harm was done to body and property because of the collision, and expenses occurred related to the collision.
Automobile crashes, among many other events, fall under Florida’s modified comparative negligence doctrine. If the driver who caused the head-on collision is proven to bear all of the fault, the other party can claim the full economic damages and non-economic damages, such as pain and suffering. If the defendant is found less than 50% fault, the plaintiff is barred from recovery entirely. If the crash occurred because of a design defect in the vehicle, the manufacturer can also be liable, or if the road itself was the fault, the appropriate government agency may or may not be liable.
Speaking to an Attorney
Car accidents can be terrifying and traumatic to endure. Dealing with the logistics of a car accident can be difficult which is why it is important to speak to a qualified attorney who can help. If you have been involved in a head-on collision, contact a West Palm Beach head-on collision lawyer at Kogan & DiSalvo. Our attorneys can help you determine how viable your case is and assist in getting you the maximum amount of compensation.