Q: Do I qualify for a head-on collision settlement claim?
You might qualify for a head-on collision settlement claim if the other driver caused the accident.
What if I was partly at fault in the head-on collision?
You can still recover compensation for your injuries if you were partly at fault as long as you were less than 50 percent at fault in the head-on collision, per Georgia’s comparative negligence laws. It is important to note that your negligence will decrease your settlement.
For example, Ted was driving while intoxicated on a highway divided by a median. He drove across the median into the path of oncoming traffic, striking Rita’s car head-on. Rita was texting at the time of the crash. Since she was driving while distracted, she took no evasive action to avoid the collision.
The accident reconstruction expert determined that Rita may have been able to avoid the accident if she had been attentive while driving. The investigation determined Rita was 20 percent at fault because of her inattentiveness. Ted was 80 percent at fault for driving while impaired, leaving his lane of traffic, crossing the median, and driving the wrong way on the highway, thereby causing the collision.
Rita and Ted each had significant injuries with damages of $100,000 per person. Under Georgia’s comparative fault laws, Rita’s own negligence decreased her damages by $20,000. She received $80,000 from Ted for her damages claim.
Ted did not receive any compensation from Rita for his injuries, because he was more than 50 percent at fault.
How can I prove who was at-fault for my head-on collision?
In some cases, proving fault for a head-on collision is easy. Let’s take Rita and Ted’s accident as an example. Since Ted was driving on the wrong side of the road, we can see he was obviously at-fault.
However, in other cases, liability can be more difficult to determine. For example, if two cars are driving on either side of a road divided by a yellow line and both cars pass the center line, it can be difficult to prove which party held more fault.
In this case, we can have an accident reconstruction expert examine the cars for the impact point and recreate the accident to determine where either car was at the time of impact.
We can also collect other forms of proof such as the following to establish liability:
- The police report
- Surveillance video
- Eyewitness testimony
- Breathalyzer testing
- Cell phone records
What damages can I recover after a head-on collision?
Head-on collisions are often quite severe. Your damages might include:
- Medical bills
- Pain and suffering
- Lost wages
- Lost earning capacity
- Loss of property
- Disfigurement, disability, and long-term care if your injuries have long-term consequences
- Funeral expenses, mental anguish, and loss of consortium, guidance, support, and services in wrongful death cases
If you or a loved one was injured in a car accident, we can help. Call the Law Office of Jason R. Schultz, P.C. today at 404-474-0804 to set up your free, no-obligation consultation with an Atlanta car accident lawyer.