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Who Is at Fault for a Head-On Collision?

Home » FAQs » Who Is at Fault for a Head-On Collision?

Who Is at Fault for a Head-On Collision

The party whose negligence caused the accident is typically at fault for a head-on collision. Examples of driver negligence include: 

  • Crossing over the center line on a two-lane road
  • Driving a vehicle that is not roadworthy
  • Distracted driving
  • Drowsy driving
  • Speeding that causes the driver to lose control of the car 
  • Making a U-turn where U-turns are prohibited
  • Driving the wrong way down the street or highway
  • Failing to yield to oncoming traffic when turning
  • Drunk or drugged driving

Head-on crashes are one of the deadliest types of collisions. According to the Texas Department of Transportation, 537 people died in head-on crashes in the most recent data year. Those who survive these accidents often suffer debilitating wounds. When you suffer injuries in a head-on collision, our car accident lawyer will build your accident case and pursue justice on your behalf.

How to Prove Fault for a Head-On Collision

After a head-on collision, our team will determine fault by satisfying the four elements of negligence. We cannot pursue compensation until we prove that your damages are a result of another party’s actions. 

The four elements of negligence include:

  • Duty of care: The at-fault driver owed you a legal duty of care, such as the obligation to drive carefully and pay attention behind the wheel. 
  • Breach of duty: The motorist violated their duty of care. If the liable driver turns their head to speak to a passenger instead of focusing on the road ahead, this is a breach of their duty of care. 
  • Causation: The liable driver’s negligent conduct caused the head-on collision. Because the driver did not pay attention to the road ahead, they did not see road hazards or oncoming traffic. 
  • Damages: You have damages because of the liable party’s actions. Medical bills, property damage, lost income, and pain and suffering are just some of the damages you may suffer after a head-on collision. 

We can seek compensation for your losses once our team proves the four elements of negligence. 

Our Team Will Determine the Liable Party

In many cases, another motorist is liable for your accident. However, this is not always the case. We could find any of the following parties liable for your head-on crash: 

  • An auto parts manufacturer that produced faulty vehicle parts
  • A maintenance technician who did not properly maintain a vehicle 
  • A government agency that did not properly maintain roads or fix broken road signs or stop lights

If more than one party shares liability for the accident, we can seek compensation from multiple people. 

The Statute of Limitations for Recovering Compensation After a Head-On Accident

You generally only have two years to file a personal injury or wrongful death lawsuit seeking damages according to Texas Civil Practice and Remedies Code § 16.003. Two years can pass quickly when recuperating from severe wounds or dealing with the death of a loved one. 

If you miss the filing deadline, you may miss your opportunity to recover compensation. We recommend you start working on your case as soon as you can. 

Recoverable Damages After a Head-On Crash in Texas

After establishing the liability of the at-fault party for the head-on collision, you may seek compensation. Some of the damages you may recover include:

  • Medical bills, including the cost of emergency treatment, medications, doctor’s appointments, and travel to appointments 
  • Long-term care expenses if you suffered a catastrophic wound like traumatic brain damage or paralysis from the accident and need daily assistance with medical treatments and personal care
  • Lost income if you spent time away from work recovering and lost earning potential if you cannot return to the same job you once had 
  • Pain and suffering, for the physical discomfort you experience in the aftermath of a head-on accident
  • Scarring and disfigurement from the wounds you suffered
  • Loss of enjoyment of life

Also, if your loved one passed away in a head-on crash, your family could pursue a wrongful death case to recover damages. Every head-on collision case is different. The facts of your injury claim will determine the kinds and amounts of damages you could seek.

Hire Our Car Accident Lawyer After a Head-On Collision

A car accident lawyer at Domingo Garcia can work with you after a head-on accident. Our team will find out who is at fault for your accident and hold them accountable. You can focus on healing from your injuries and leave your case to our team. Reach out to us today for a free, no-obligation consultation. We are happy to answer any questions you have.

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    Meet Domingo

    Attorney Domingo Garcia has led an active civic, legal and political career. He was born in Midland, Texas and grew up in Dallas, Texas. He received his B.A. in Political Science from the University of North Texas in 1980.

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