Head-on collisions have typically been among the deadliest types of car accidents. While seat-belt laws, mandatory driver- and passenger-side airbags, and improved bumpers and crumple zones have reduced the likelihood that a head-on collision will result in a fatality, serious injuries are still very common. If you have been injured or lost a family member in a head-on collision caused by another driver, San Antonio car accident lawyer Jeramie Gertz can help you pursue a personal injury case against that driver.Drivers Who Cause Head-on Collisions May be Held Liable for Resulting Injuries
Although head-on collisions do not occur as often as some other types of crashes, they are more likely to result in serious injuries. Unlike many side-impact, rear-end, or rollover crashes, in which some of the impact of the crash is usually dissipated by a change in direction, the full impact of a head-on collision is absorbed by the vehicles and their passengers. It is like hitting a solid wall. When that kind of force is applied to a person’s body, an injury is almost certain.
Usually, these types of collisions occur because a driver is in the wrong lane, heading directly into oncoming traffic. Some common scenarios for head-on collisions include drivers who:
- Attempt to pass another vehicle on a single-lane road;
- Are not paying attention to the road ahead and veer out of their lane without knowing it;
- Are drunk or under the influence of drugs, so they do not perceive that they have entered a lane going in the opposite direction;
- Fall asleep at the wheel and veer into oncoming traffic;
- Swerve into an oncoming lane to avoid a hazard in their own lane;
- Drive too fast when trying to turn and drive into another lane to avoid a rollover or spin-out; or
- Mistakenly enter a roadway that goes in the opposite direction, such as a one-way street, the wrong side of a divided road, or the wrong highway ramp.
In any of these scenarios, the driver who makes the error or misjudgment is usually guilty of violating at least one traffic law. If a person who violated a traffic law causes an accident as a result of the violation, they may be held civilly liable for all of the harm that ensues.
Negligence is a type of civil claim that involves four separate elements. First, there must be a duty of care. A driver owes a duty to all other users of the road, including other drivers, motorcyclists, pedestrians, and bicyclists, to use reasonable care in the operation of their vehicle to avoid creating a risk of injury to others. Next, there must have been a breach of this duty. By violating a traffic law or another rule of the road, a defendant driver breaches the duty of care and increases the likelihood of causing an accident. Third, causation must be established, which means that the accident likely would not have happened if not for the breach. Finally, the plaintiff must have suffered damages that are reasonably quantifiable.
If all of these elements are demonstrated, a defendant may be held liable for the costs of all of the damages caused by the accident, often including medical costs, pain and suffering, lost income, permanent or temporary disability, rehabilitative treatment, and any other available damages.Contact San Antonio Lawyer Jeramie Gertz After a Car Accident
If you have been injured in a head-on collision caused by a negligent driver, we are ready to help you. We have assisted numerous accident victims with pursuing compensation for injuries sustained in all types of crashes, including head-on collisions. For a free, no-obligation consultation to find out what we can do for you, call San Antonio car accident attorney Jeramie Gertz at 210-807-4444 or use our online form to set up a confidential case evaluation. He can assist people who need a drunk driving accident attorney or guidance with any other type of motor vehicle collision claim. Jeramie Gertz represents people throughout Bexar, Maverick, Kendall, Medina, Comal, Bandera, and Atascosa Counties.