New York Head-On Collision Lawyers
Head-on motor vehicle crashes are usually avoidable and often happen when the driver of a vehicle is texting, impaired by alcohol or drugs, or distracted. Don’t walk away from an accident just to be saddled with the weight of physical, mental, and financial strain; read on to discover how the law can work for you.
Need To Know:
- Drivers generally take a full two seconds to react to an accident
- Victims should seek medical attention immediately after an accident, even if injuries seem minor
- To get compensation for head-on collision damages, you need an experienced lawyer who knows how to investigate your case
Many people underestimate the sheer force involved in automobile accidents. The forces imposed upon an injured victim in a motor vehicle accident are directly related to the weight and speed of the offending vehicle. In head-on collision cases, when the host vehicle is proceeding in one direction, and the offending vehicle is proceeding in the opposite direction, those forces can be doubled — with catastrophic consequences.
In This Article:
- What is a Head-On Collision?
- Head-On Collision Accident Example
- What Should I Do After a Head-On Collision?
- Who Is at Fault in a Head-On Collision?
- Common Injuries Caused by a Head-On Collision
- Causes of Head-On Collisions
- How to Prove a Head-On Collision Case
- Top Results in Head-On Accident Cases
A normal car accident can be overwhelming, but head-on collisions frequently reach a whole new level of fear. Victims of head-on collisions may sustain serious physical injuries as well as emotional and psychological trauma. If you have been involved in a head-on collision, our team of experienced lawyers at Block O’Toole & Murphy recognize that this is a difficult time for you. We are here to help you understand the next steps, including what you may be entitled to legally.
Block O’Toole & Murphy attained a $22.5 million settlement for a victim of a head-on collision accident – the most ever paid in the Court of Claims in New York State for a personal injury case. Looking for legal representation with results? Call us at 212-736-5300 or fill out our contact form for a free consultation.
What Is a Head-On Collision?
A head-on collision occurs when two vehicles traveling in opposing directions collide. This may happen when one driver mistakenly travels on the wrong side of the road, but a head-on collision may also result from reckless driving, distracted driving, drunk driving, or faulty brakes. Although head-on collisions are not the most common type of car accident, they can often be the most dangerous.
According to the National Highway Traffic Safety Administration, though they made up a small percentage of crashes, head-on collisions accounted for more than 10% of fatal car accidents in 2019 and more than 4% of injuries. A head-on collision can be extremely dangerous and could have a lifelong impact on those involved. It is crucial to seek a talented and experienced lawyer with a track record of successfully handling serious car crash cases to assist you in recovering any damages you may be owed.
Head-On Collision Example
Let’s look at an example of a head-on-collision: If two vehicles are approaching one another at 50 miles per hour, the combined impact speed would be a whopping 100 mph. According to accident reconstruction experts across the country as well as published literature on the subject matter, a normal perception/reaction time for a driver encountering an unexpected event (a vehicle approaching head-on in the wrong lane of traffic) is approximately 2 seconds.
That means 2 seconds will elapse from when an unexpected event is perceived until a driver is able to react. Using the example of vehicles approaching one another at 50 mph, if the innocent/injured party (Plaintiff) sees the at-fault driver (Defendant) from a distance of 300 feet or less, there would be very little opportunity for either driver to take a defensive measure to avoid the impending crash. The details will be critical and make it apparent that having a seasoned attorney at your side is essential.
An experienced attorney will conduct a detailed investigation to assess liability. Their investigation may include as assessment of:
- Police and Investigative Reports
- Witness Statements
- Photographs
- The speed the vehicles were traveling (this may include an evaluation of black box data)
- The distance your car was traveling per second (this is approximately 1.5 x speed per second, so at 30 mph, a car travels approximately 45 feet per second)
- The weight of the vehicles involved in the head-on crash
- The impact points for each vehicle in the head-on collision
- Any skid marks at the scene
- Property damage
- Repair Records
- Vehicle Inspection
- The coefficient of friction (how the brakes interact with the road in bringing a vehicle to a stop)
- The Delta-V, essentially the change in velocity after the impact
An experienced attorney who is well-versed in representing victims of head-on collisions will consult with an accident reconstruction expert early in the case to make sure that valuable evidence is captured and utilized.
What Should I Do After a Head-On Collision?
After a head-on collision occurs, it is crucial to call 911 for a number of reasons. In addition to seeking immediate medical attention for any injuries, you will want to have an official record of the crash. Law enforcement may interview drivers and witnesses in addition to documenting physical evidence. All of this information is extremely important when assessing damages and determining negligence. Moreover, if damages to you or your vehicle total more than $1,000, you are required by New York State law to file a police report within ten days.
Once you report the accident to the police, promptly contact your insurance agent. Even if you think the other driver is at fault and plan to pursue a claim against them, your insurance company may be able to provide you with benefits to help cover the costs of vehicle repair or medical procedures.
Although some car accidents can be resolved between individuals or their insurance companies, having a qualified car accident attorney on your side is paramount in a major accident such as a head-on collision,
Who Is at Fault in a Head-On Collision?
Generally, the negligent driver is at fault. If a driver was engaging in reckless behavior or breaking any traffic laws, they could be considered negligent. In the case of a head-on collision, the driver at fault will most likely be whoever was driving on the wrong side of the road.
Accident reports from police can often help determine which driver was at fault, which is all the more reason to file a report with law enforcement, as mentioned above. New York State Vehicle and Traffic Laws control the conduct of drivers on the roads. Generally, Section 1128 (a) can be applied to head-on collision cases. This law states that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be removed from such lane until the driver has first ascertained that such movement can be made with safety.”
There are certain head-on collision cases in which neither driver may be at fault. Defective roadways, malfunctioning vehicles, and other factors outside of a driver’s control might cause a head-on collision, rather than a negligent driver. Block O’Toole & Murphy secured a $22,500,000 settlement from New York State for a client involved in a head-on collision. Although the client was on the wrong side of the road, the courts considered the state to be at fault because the road was not properly maintained.
Block O’Toole & Murphy offers FREE consultations to accident victims in New York and New Jersey. Call us at 212-736-5300 to speak with an experienced attorney.
What Are Common Injuries in a Head-On Collision?
Many serious injuries can result from a head-on collision. While some may be temporary, others can have long-lasting effects on your health and well-being.
- Death unfortunately can often result from a head-on collision. If you have lost a loved one in an accident as a result of another party’s negligence, our team of experienced wrongful death lawyers is here to help survivors in the aftermath of life-changing tragedy.
- Spinal cord injuries are among the most serious injuries resulting from a head-on collision. They can cause chronic pain, loss of movement, and even difficulty breathing.
- Damage to internal organs such as a ruptured spleen or a collapsed lung can be life-threatening.
- Traumatic brain injuries (TBI) result from strong impact to the head. Mild symptoms include dizziness, fatigue, and nausea, while more serious symptoms may include loss of consciousness, convulsions, seizures, or even coma.
- Broken bones and fractures can take months to heal and may result in loss of range of movement and other permanent problems.
- Soft tissue injuries can include bruises, strains, or sprains. Whiplash is a common soft tissue injury that often occurs during car accidents. It can cause dizziness, headache, and chronic neck pain.
It is important to note that some symptoms from these injuries may be delayed. Even if you do not immediately notice any health complications, it is important to quickly seek both medical and legal guidance in the event that symptoms do arise.
Causes of Head-On Collisions
Often, head-on collisions are caused by a negligent driver traveling on the wrong side of the road. However, vehicle malfunctions, road defects, and severe weather can also lead to a crash. Below are some common causes of head-on collisions:
- Driving under the influence: If a driver is impaired as a result of drugs or alcohol, they are more likely to make a mistake like driving on the wrong side of the road. They may swerve into another lane, making a head-on collision more likely.
- Speeding or reckless driving: Driving over the speed limit or recklessly leaves more room for mistakes that might lead to a head-on collision. Additionally, the faster a driver is going, the more seriously those involved may be injured.
- Distracted driving: A driver who is using their phone, looking for an item in their car, or other
The experienced lawyers at Block O’Toole & Murphy have won some of the largest verdicts and settlements in the State of New York for personal injury lawsuits, including record-breaking $110 million and $32 million jury verdicts.
The experienced lawyers at Block O’Toole & Murphy have won some of the largest verdicts and settlements in the State of New York for personal injury lawsuits, including record-breaking $110 million and $32 million jury verdicts.
wise distracted is much more likely to make a mistake, such as swerving into the wrong lane, that would lead to a head-on collision.
- Roadway defects: An improperly maintained road—with potholes, cracks, or bumps—could lead a driver to swerve into the wrong lane, or otherwise commit a traffic violation that could result in a head-on collision.
- Severe weather: Unusual weather conditions such as heavy rain or black ice could make it difficult for a driver to stay in their lane. In this case, the state may be at fault for improperly maintaining the roads during severe weather.
- Vehicle malfunctions: Faulty brakes, engine troubles, and other vehicle malfunctions could cause a driver to end up in the wrong lane. If the malfunction is due to an error on the side of the manufacturer, they could be considered at fault.
How to Prove a Head-On Collision Case
Head-on collision cases are not as simple as one would think. They require careful and thorough attention to each and every part of the case. At Block O’Toole & Murphy, we use a team approach to every case. We believe that you and your case deserve the attention of a team of lawyers and paralegals, with a proven track record. Attorneys must approach any personal injury lawsuit with the goal of proving liability and identifying damages.
A Thorough Investigation is Essential
Head-on collision cases require a thorough and complete investigation which includes:
- Photographing the accident location and the vehicles involved
- Performing a field investigation with precise measurements of the roadway, the lanes, the lane markings, any residue left from tire marks, skid marks, vehicle residue on the roadway
- Procuring all video surveillance images; procuring all accident reports, police accident reports, fire department reports
- Demanding the preservation of electronic recordings (“black box”)
- Gathering GPS information from an application such as “Waze” or vehicle navigation systems
- Interviewing eyewitnesses
- Performing an accident reconstruction
- Procuring aerial images from applications such as Google Earth
- Videotaping the approach of each vehicle involved in the accident.
Your Attorney Must Be an Expert in Damages
Proving your case takes more than gathering medical records. Your lawyer must become an expert with regard to the injuries you sustained. Whether your injuries are Traumatic Brain Injury (TBI), paralysis, amputation, or spinal injuries, your attorney must understand the injuries and have the ability to prove them in front of a jury. Pain and suffering do not always end on the date of the verdict or settlement.
The injuries, pain and suffering, and loss of enjoyment of life sustained in head-on collision crashes can last a lifetime. It is of utmost importance that your lawyer seeks an expert life care opinion from a qualified physician. A life care plan (LCP) will set forth the type of care or treatment, along with the frequency, duration, and present cost of the same. The next step in proving the cost of future damages is having an Economist opine with regard to the future costs of each item set forth in the LCP.
Top Results in Head-On Collision Cases
The experienced lawyers at Block O’Toole & Murphy have won some of the largest verdicts and settlements in the State of New York for personal injury lawsuits, including record-breaking $110 million and $32 million jury verdicts.
We fight hard in every case. Our firm also has the resources to invest in pursuing the best possible outcomes that our clients are legally entitled to. This includes hiring experts to help with the case, including accident reconstruction specialists and medical experts.
Select results in head-on collision cases include:
- $22,500,000 settlement for a client involved in a head-on collision accident caused by black ice in Westchester County. The client sustained multiple injuries, including a fracture to his left arm, which he is now unable to use.
- $2,250,000 settlement for the victim of a head-on collision in New Castle. After an approaching vehicle swerved onto the wrong side of the road, our client sustained multiple injuries, including a head injury, which led to memory loss.
- $1,500,000 settlement for a 70-year-old woman in Queens who was a passenger in a vehicle when the vehicle was hit head-on by another car. She experienced significant injuries, including a broken sternum and multiple leg fractures.
To read more about our results for victims of auto accidents, visit our Motor Vehicle Accident Verdicts and Settlements page. Contact our experienced team of personal injury lawyers at Block O’Toole & Murphy by calling 212-736-5300