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One of the most common types of motor vehicle accidents is a head-on collision, where the front ends of two vehicles make contact. If the drivers were going at or above posted speeds, the impact can be catastrophic, possibly resulting in broken bones, brain damage, or paralysis. A Parkersburg head-on collision lawyer from our law firm can be your advocate as you try to put your life back together.
The civil claims process can be hard, which is why it is worthwhile to work with an experienced car accident attorney who knows the ins and outs of personal injury law.
A head-on collision in Parkersburg occurs when two vehicles hit each other from the front. Most commonly, this occurs because of distracted driving, where someone swerves into a lane of oncoming traffic and hits someone else head-on. These accidents generally have serious injuries because airbags will typically deploy in a head-on collision if the crash happens with a certain amount of force. In particular, the front seat passenger and driver are at higher risk for being injured because the front of the vehicle will sustain the biggest impact.
Generally, an insurance company will assign fault based upon their insured’s statement, as well as the law enforcement officer’s statement and the police report, which often assigns fault based on what is known at the traffic scene. If there are a set of tire tracks that veer into the opposite lane, that is pretty good evidence of liability.
If a driver is impaired due to alcohol or drugs, or they were found to be texting or otherwise using their phone behind the wheel, those types of situations serve as aggravating circumstances. However, if they veered into the other lane because they were having a heart attack or other medical episode, that can complicate liability.
Punitive damages are applied if the at-fault party acted with significant recklessness or disregard of others or broke the law. It is unlikely that punitive damages will apply in motor vehicle accident cases, unless it involves a commercial truck. For instance, if a truck driver was driving over the number of hours they were permitted to be driving, and crashed head-on with someone, that is when punitive damages might be a factor.
It is important to follow up with a physician following head-on collision so that they can properly document and treat medical issues from the crash. This documentation will play an important part in the claim for damages, so the plaintiff must ensure all of his or her injuries are documented and treated.
One of the first things a Parkersburg attorney needs to do is obtain a copy of the head-on crash report. If the crash involved a trucker, they will request a copy of the trucker’s driving record and history, and ask that the trucking company preserve the electronic data from the vehicle. This can help determine if the driver was violating state or federal trucking regulations, which can be key evidence of liability.
We understand you may be shaken up or in pain after a major crash. Our goal is to help you get the monetary damages necessary to cover your medical expenses, lost wages, and other losses. Call us for a free consultation and learn if a Parkersburg head-on collision lawyer can represent you.
Jan Dils, Attorneys at Law