Can Getting Involved in a Head-On Collision Affect Your Ability to Get Compensation?

Head-on collisions are brutal car accidents that often result in vehicle damage and severe injuries. When two vehicles headed in opposite directions have a head-to-head collision, the force of their impact can be devastating as the relative speed of the two automobiles doubles. For instance, if two vehicles are each traveling at 50 mph and collide head-on, it’s like an accident occurring at 100 mph. therefore, a head-on collision may cause devastating outcomes even at low speeds.

If you’ve been in such an accident, chances are you are experiencing lost wages, medical bills, and the burden to replace your car. Hiring a Toledo car accident attorney to guide you around the insurance claim process can help you secure a reasonable settlement under your circumstances.

The Common Causes of a Head-On Collision

Several factors may cause a head-on collision accident, and they include:

  • Swerving to evade an obstacle-When drivers see pedestrians, wildlife, trees, or other obstacles on the road, they may end up swerving into an oncoming vehicle while attempting to avoid the collision.
  • Mechanical failure-The failure of breaks, suspension arms or tires may make a car uncontrollable or direct it into an oncoming lane.
  • Distracted driving-Changing the music, talking to passengers, typing a text message or adjusting an air conditioner are possible distractions that may cause a head-on collision.
  • Drunk driving-An intoxicated driver can swerve into oncoming traffic or lose direction and enter a different highway.
  • Falling asleep at the wheel-When a driver sleeps, the car may veer off into other fast-approaching vehicles.
  • Reckless driving-Activities like playing chicken or street racing may also cause head-on collisions.

Can You Get Compensation After Getting Into a Head-On Collision?

When it comes to deciding who should receive compensation after a road accident, the law of comparative negligence applies in Ohio. Whether in an insurance claim process or in court, comparative negligence states that for a driver to recover for any damages sustained in the accident, the driver should have been less than 50% for that accident.

Fact finders like insurance investigators, judges, and juries will assess all the evidence regarding the accident to establish the negligent party. An individual is negligent if they don’t exercise the same level of caution as a reasonable individual would, under similar circumstances.

Thus, if you are a victim of a head-on collision and are seeking compensation through an insurance claim, then the investigator will read the drivers’ statements, the police report, investigate the two vehicles and probably visit the accident scene to piece it all together.

If an investigator concludes that your negligence caused the accident, then your claim may be denied. If, on the other hand, your negligence was partly, say 20%, responsible for the head-on collision, you will get 80% of compensation under comparative negligence.

The insurance company or court may conclude that the accident occurred because of your negligence if there’s evidence that:

  • You were distracted when the accident occurred
  • You were under intoxication during the accident
  • You didn’t maintain the car properly and mechanical hitch cause the accident
  • You lost control of the car
  • You were speeding when the head-on collision happened.

When a head-on collision happens to you or your loved one, keep a skilled car accident attorney by your side, and you may be able to convince the insurance provider that you didn’t cause the accident.