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Who is at Fault in a Head On Auto Accident?

Even defensive drivers can be hit without warning. If you have been badly injured in a car crash or hit by a truck and you weren’t at fault, you will be understandably concerned about the financial consequences.

If you can obtain sufficient proof of what happened during the incident, you may be able to file a personal injury claim against the person you consider was at fault. Some auto accidents can get complicated and in most cases, it is preferable to leave the negotiations to an experienced personal injury attorney with experience in auto accidents.

Head On Auto Accident Injuries

Head on auto accidents are some of the most serious accidents that can happen anywhere. Only if the speeds involved are very low are injuries likely to be slight.

Head on auto accidents typically occur when an oncoming vehicle misjudges their clearance distance when overtaking another vehicle on a one lane road.

Distracted, intoxicated, or fatigued drivers can also misjudge their position, veer out of their lane and hit your vehicle head on.

Any head-on auto accident at speed or involving a much larger vehicle can lead to very serious injuries.

Auto Accident Scenario Tips -  Who is at Fault in a Head On Auto Accident?

Common injuries after a head-on crash include:

  • severe trauma to the chest and thoracic organs, such as lungs and heart;
  • broken bones, especially ribs and skull;
  • damage to the face and head including brain damage;
  • spinal injuries, possibly severe enough to cause paralysis;
  • lacerations and heavy loss of blood.

Who’s Normally at Fault in a Head-On Collision?

If you have been involved in a head-on collision, either you or the other driver was on the wrong side of the road. Assuming you were on the right side of the road, it is logical to assume that the other driver was at fault.

If this is what has happened to you, the positions of the vehicles and marks on the road in addition to any witness accounts should be able to corroborate your version of the incident.

As with any other personal injury claim, it is important that proof is available of who was at fault.

There are a small number of situations where fault is not as easy to determine. If the road where the accident took place had no central markings, there may be some doubt as to who was on the wrong side of the road when the crash happened.

Some roads in more remote mountainous areas may be so narrow and windy that a head-on collision is more likely to happen if one or both vehicles are traveling too fast for that type of road.

A head-on collision might also occur if the other vehicle was forced to swerve out of their side of the road for some unforeseen reason. There are a number of scenarios here that could implicate someone else entirely.

A vehicle could emerge from a side road or turning without warning or a child or animal could run out into the road, causing the other driver to swerve.

A Personal Injury Attorney to Help You With Your Claim

Even if you think the head-on collision you had was straightforward, you will be better off using an experienced personal injury attorney to help you with a claim.

If the accident was complicated by external factors such as has been described above, sorting out who was to blame and negotiating with insurance companies will take determination and skill. Contact an attorney as soon as you are able to do so.

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