Perhaps nothing is more chilling than seeing another vehicle bearing down on you, heading from the opposite direction and directly into your traffic path. Though you may attempt to avoid an accident, you could be the victim of a head-on car crash in a fraction of a second. Your injuries may be devastating since the violent force of the impact can far exceed that of a sideswipe, rear-end collision, or other types of motor vehicle accident. Georgia law does provide you with rights, but enforcing them can be a challenge when you’re trying to recover for your injuries. Under the circumstances, it’s wise to trust a head-on collision lawyer to advocate on your behalf.
At Allen & Scofield Injury Lawyers, LLC, our Atlanta accident attorneys are prepared to take on the legal burdens of filing a claim so you can focus on the healing process. Head-on collisions can leave you with serious injuries, along with considerable financial and emotional losses. We will pursue the responsible driver to obtain the compensation you deserve, so please contact our office to learn more about how we can help. You can schedule a free consultation with a head-on car crash attorney by calling (404) 419-6674 or completing our online contact form.
Liability in a Head-On Collision Car Accident
Head-on auto crashes may be among the deadliest accidents, but they still share a common element with other types of collisions. They usually happen because a driver was careless or reckless, which is termed “negligence” in the practice of law. To recover compensation, you need to show four sets of facts:
- The other driver had a legal obligation to operate the vehicle safely;
- That person failed in this duty;
- The breach of duty was a direct cause of the head-on car accident in which you were hurt; and,
- You sustained physical, financial, and emotional losses because of your injuries.
Limitations on Compensation: In addition to proving the above elements, you must also comply with Georgia’s statute of limitations to obtain monetary damages. You have two years from the date of the accident to file a lawsuit in court. If you don’t, you may be barred from recovering compensation for your losses.
Plus, Georgia has a statute on contributory negligence, which puts the focus on your own actions. If your conduct was a factor in causing the head-on crash, your compensation may be reduced by the amount of fault attributable to you.
Head-On Collision Injuries Can Be Life-Threatening
The exact physics behind a head-on crash are complicated, since the force depends on the speed of each vehicle, the size and weight, weather conditions, and many other factors. Still, the impact combines the force of each vehicle, so it will be substantially more violent. The most common injuries in a head-on collision include:
- Head injuries, including traumatic brain injury (TBI) and concussions;
- Trauma to the spine and neck, which could potentially lead to paralysis;
- Damage to internal organs in the chest and torso;
- Broken bones, particularly the hip, pelvis, and lower extremities;
- Facial injuries, including lacerations, bruising, and abrasions; and,
- Many others.
Whiplash: One specific type of injury that occurs often in a head on collision is whiplash. The violent impact forces the head forward and back again, causing trauma for the delicate tissues in the seven vertebrae of the cervical spine. It’s common to experience radiating pain in your neck, along with range of motion issues. In serious cases of whiplash after a head on collision, the pain could be long-term and severe.
Damages in a Head-On Collision Claim: You may be entitled to compensation for injuries if you can prove the four elements described above. In a successful claim, it’s possible to recover damages for such losses as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Losses based upon how your injuries affect personal relationships;
- Scarring and disfigurement;
- Emotional distress; and,
- Many others.
How Head-On Car Crash Claims Work
Though another driver may have been negligent in causing a collision, you pursue your right to compensation through that person’s auto insurance company. When filing a claim, you need to complete all necessary forms and include important supporting documentation. Without solid proof, your claim is likely to be rejected. A claims adjuster may contest the severity of your injuries or dispute that their insured was at fault.
For this reason, it’s important to retain a skilled head-on collision lawyer to assist with working out a settlement for head-on collision injuries. Attorneys know what types of proof insurance companies require to pay out on a claim, and they know the obstruction tactics claims adjusters employ. Plus, a lawyer can utilize negotiations skills to reach an agreement that’s sufficient to cover your losses.
Pursuing Legal Options Through Litigation Options
In some cases, it may not be possible to reach a fair, reasonable settlement for a head-on collision. The next step in seeking the compensation you deserve is filing a lawsuit in civil court. Litigation is complicated and requires knowledge of:
- Georgia statutory law;
- Case law and precedent;
- Local court procedural rules;
- Rules regarding evidence;
- Discovery and depositions;
- Motion practice; and,
- Many other legal areas.
Therefore, it’s essential to retain a head-on car crash attorney to represent your interests in court. Your lawyer will prepare the essential documents to initiate litigation, attend important court hearings, and engage in discovery. When the trial date arrives, you can trust your attorney will to obtain the best possible outcome in your case.
Consult with an Atlanta Head-On Collision Lawyer About Your Rights
If you were injured in a car crash or other auto accident, please contact Allen & Scofield Injury Lawyers, LLC to discuss your legal options. You can schedule a no-cost case evaluation by calling our firm at (404) 419-6674 or use our online contact form. Our attorneys can answer your questions and explain what to expect when filing a claim.