Head-on collisions are among the most devastating car accidents on Texas roads. These crashes occur when two vehicles traveling in opposite directions collide front-to-front, often at high speeds. The force of impact in these accidents can be catastrophic, leading to severe injuries, long-term disabilities, and even fatalities.
Scott Scherr understands the life-altering consequences that head-on collisions can have on victims and their families. These accidents often result in extensive medical bills, lost wages, and significant pain and suffering. Scott Scherr is an experienced Texas car accident attorney and is dedicated to helping victims navigate the complex legal process and fight for the compensation they deserve.
If you or a loved one has been involved in a head-on collision, understanding your rights and options can lead to a larger recovery. This page will provide essential information about head-on collisions, including their causes, relevant laws, and how our firm can assist you in pursuing justice.
Common Causes of Head-On Collisions in Texas
Head-on collisions are some of the most dangerous accidents on Texas roads. Despite efforts to make driving safer, these crashes happen too often and usually have severe consequences. Some of the most common causes of these collisions are as follows:
- Distracted driving
- Drunk driving
- Fatigue
- Improper passing
- Wrong-way driving
Understanding the common causes of head-on collisions is just one piece of the puzzle; now, we’ll look at some laws relevant to head-on collisions.
Texas Laws Regarding Head-On Collisions
Understanding the legal framework surrounding head-on collisions in Texas is crucial for accident victims seeking compensation. Here are key aspects of the law that apply to these cases.
Fault Determination:
Texas follows a modified comparative fault rule known as the “51% bar” rule. This means that a driver can recover damages if they are found to be 50% or less at fault for the accident. However, their compensation will be reduced by their percentage of fault. If a driver is 51% or more at fault, they cannot recover damages.
Relevant Traffic Laws
- Texas Transportation Code Section 545.051 requires drivers to drive on the right side of the road, except when passing or on one-way streets.
- Section 545.060 mandates that drivers maintain a single lane unless they can safely change lanes.
- Violating these laws can be evidence of negligence in head-on collision cases.
Statute of Limitations
In Texas, the statute of limitations for personal injury claims, including those arising from head-on collisions, is generally two years from the accident date. Victims have two years to file a lawsuit or may lose their right to seek any compensation at all.
Wrongful Death Claims
If a head-on collision results in a fatality, surviving family members may file a wrongful death claim. The statute of limitations for these claims is typically two years from the date of death. Understanding these laws is important for building a strong case and maximizing your chances of fair compensation.
Common Injuries in Head-On Collisions
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and orthopedic injuries
- Internal organ damage
- Psychological trauma
Steps to Take After a Head-On Collision
Suppose you’ve been involved in a head-on collision in Texas; taking the proper steps immediately after the accident can significantly impact your health and legal rights. Here’s what you should do:
- Seek medical attention immediately: Call 911. Even if injuries seem minor, it’s best to get checked by a medical professional as they will be able to find any hidden injuries.
- Report the accident: Wait for law enforcement to arrive at the scene. Obtain a copy of the police report or at least the report number. This will be helpful throughout the insurance negotiations.
- Gather evidence: Take photos of the accident scene, vehicle damage, and any injuries, and get contact information from witnesses.
- Exchange information: Get the other driver’s name, contact details, and insurance information.
- Document everything: Record all medical treatments, diagnoses, and receipts for anything related to the accident.
- Consult with an attorney: Seek legal advice before discussing the case with the other driver’s insurance.
- Contact your insurance company: Report the accident as soon as possible. Provide the facts, but avoid giving any recorded statements without legal advice.
By following these steps, you’ll be better positioned to protect your health and legal rights after a head-on collision.
Compensation in Head-On Collision Cases
Head-on collisions often result in severe injuries and significant financial burdens. In Texas, victims may be entitled to various types of compensation. Understanding these can help you pursue a fair settlement that addresses all your losses. Types of damages available:
Economic Damages
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Property damage (vehicle repair or replacement)
- Rehabilitation costs
- Home modifications for disabilities
- Travel expenses for medical treatment
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium (impact on marital relationship)
Punitive Damages
- In cases of gross negligence or intentional misconduct
- Designed to punish the at-fault party and deter similar behavior
Factors Affecting Compensation
Once the type of damages you may be eligible for are determined, here are some factors that can affect your compensation:
- Severity of injuries
- Impact on quality of life
- Strength evidence
- Insurance coverage
- Your degree of fault
- Negotiation skill
- Economic damages documentation
Remember, insurance companies often attempt to minimize payouts. Having skilled legal representation can significantly affect the compensation you receive. We’re committed to fighting for your rights and ensuring you receive the compensation you deserve under Texas law.
How The Payne Law Group Can Help
When you’re facing the aftermath of a devastating head-on collision, you need more than just legal representation. You need a dedicated advocate to fight tirelessly for your rights and future.
We treat every client like family. We take the time to learn about your case, develop the best strategy to maximize your recovery, and provide compassionate support and clear communication throughout the process. Contact Scott Scherr today for a consultation. We’re here for you.