How To Determine Fault in a Texas Head-On Collision Car Crash
Head-on collisions can be devastating. According to the Insurance Institute for Highway Safety (IIHS), they are more likely to result in severe injuries than other car accidents and have a 56% chance of ending in a fatality.
If you have suffered injuries in a frontal collision, you may be able to seek financial compensation from the responsible party or their insurance company. However, determining fault in a head-on collision in Texas can be challenging. Read on to learn how liability in head-on collisions works and what steps to take to protect your interests.
What Is a Head-On Collision?
A head-on collision is an auto accident in which the front ends of two vehicles going in opposite directions hit each other. Any car accident in Texas can result in bodily harm. However, statistics show that head-on collisions are more likely to cause catastrophic injuries and death to both drivers and passengers due to the combined force of the two vehicles.
What Compensation Is Available in Head-On Collisions?
The type and amount of compensation you may seek will depend on the facts of the case and the extent of your losses. In general, the following compensation is available to accident victims:
- Past and future medical expenses
- Past and future lost income
- Property damage
- Physical and emotional pain and suffering
- Loss of intimacy with your spouse and family
- Loss of quality and enjoyment of life
- Wrongful death
Determining Fault in Texas Head-On Collisions
Determining who is at fault in a head-on collision in Texas isn’t always straightforward. By definition, when two vehicles hit head-on, at least one of them must have been going in the wrong direction. The liability or legal responsibility typically lies with that driver.
In reality, however, it is not always easy to establish where each car was going. Witness accounts can differ, and the skid marks may be unclear. There could also be mitigating circumstances. For instance, the other driver may have swerved into your lane to avoid a more serious accident.
Another factor that often complicates things is Texas’ comparative negligence rule. The rule states that you cannot claim compensation in a car accident case if you were more than 50% at fault for the accident.
Insurance companies will often take advantage of the confusion and dispute liability to avoid making payouts — especially since frontal collisions are associated with higher settlement awards on average.
How To Prove Fault in a Head-On Collision
Conducting a full investigation and gathering evidence as soon as possible is crucial to establishing fault in frontal collisions, but that can be hard to do on your own.
To protect your rights after a head-on collision, consider hiring one of our Texas car accident lawyers. At Haines Law, P.C., we can assist you with all aspects of your claim, including:
- Gathering evidence
- Finding and interviewing witnesses
- Requesting a report from an accident reconstruction expert
- Building a compelling case on your behalf
- Preparing and filing all required paperwork
- Communicating with the insurance company
- If necessary, filing a lawsuit and representing you in court
Acting quickly is key. In Texas, you typically have two years from the date of the accident to file a personal injury lawsuit. You have even less time to file an insurance claim. Our team will also need time to investigate and prepare your case.
Talk To an Experienced Texas Car Accident Lawyer
Establishing fault in a head-on collision in Texas is complicated. At Haines Law, P.C., we can review your case, advise you on liability, and recommend next steps. If you are eligible to seek compensation, we can support you at every stage.
Call (832) 770-6603 or contact us online for a free consultation.