Who Is At Fault in a Head-on Collision? (Determining Liability)

One of the worst types of accidents in terms of potential fatality, injuries, and general damages is a head-on collision. According to the Department of Transportation, these are responsible for about 14% of all U.S. traffic fatalities every year, and they caused an average of 5,248 deaths every year between 2016 and 2018.   

Head-on collisions are undoubtedly also among the most financially damaging due to the cost of injuries and the fact that these injuries could cause victims to miss work or even permanently lose employment. 

Therefore, determining the responsible party in such accidents is always essential because even when such accidents happen in a no-fault state where the victim's insurer bears injury costs, the at-fault party could still be liable for property damages.

What is a head-on collision?

A head-on collision is when two cars in opposite directions collide. It is called head-on because both cars' noses are the point of impact and bear most of the damage. Essentially, a head-on collision occurs when the front of one car collides with the front of another.

What are the causes of head-on collisions?

Any head-on collision is likely to be caused by one of the following:

Roadway departures

The most likely cause of a head-on collision is when one of the drivers unintentionally or intentionally leaves their specified travel lane to use an opposing traffic lane, especially on two-lane roads.

Roadway departures position drivers such that a head-on collision will result in the absence of extraordinary care from the drivers who are supposed to be in that lane. Other causes of head-on collisions connect with and may cause roadway departures.

Speeding

Speeding, especially around blind curves, could cause a head-on collision. In these areas of the road, it is impossible to maintain a clear view of oncoming vehicles, and drivers may have to depart their lanes to execute the turn.

Moreover, speeding generally worsens the impact of any accident since it directly increases the force with which both vehicles collide, causing extensive damages.

Unfamiliar roadways

When driving in new environments, drivers could easily take a wrong turn that puts them directly opposite oncoming traffic, and if they are not highly cautious, that could lead to a head-on collision. Whenever you drive on unfamiliar terrains, it is important to proceed carefully, watch out for traffic signals, and obey them.

Improper passing

Improper passing (overtaking) on a two-lane road is another likely cause of head-on collisions. All states have laws against improper passing that specify when and how a driver should overtake.

In Iowa, for instance, Iowa Code § 321.302(2) prohibits passing another vehicle traveling in the same direction to the left except when the roadway is unobstructed with sufficient width for four or more lines of moving traffic; Code § 321.304 also prohibits overtaking when approaching a curve if the overtaking driver's view is obstructed for approximately seven hundred feet.

Road conditions

Road conditions, especially rural roads, could contribute to head-on collisions. When trying to avoid bad roads, drivers may veer off their designated lanes to use those provided to drivers traveling in the opposing direction.

Remember always to yield the right-of-way to oncoming traffic when diverting from your designated roadway due to road conditions to reduce the likelihood of head-on collisions. More importantly, any such diversion must be carried out carefully.

Driving under the influence

Driving while under the influence of alcohol or drugs causes drivers to make poor decisions and could lead to head-on collisions. Drivers under the influence will likely go beyond speed limits and fail to exercise the due caution necessary for driving, hence why driving under the influence is illegal in all states.

Massachusetts’ law, for instance, in Mass. Gen. Laws ch. 90, § 24 provides that drivers must not operate a vehicle under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, and other stimulant substances or if they have a blood alcohol percentage of 0.08 or more. 

Similarly, in Virginia, Va. Code Ann. § 18.2-266 prohibits driving under the influence of any narcotic drug, intoxicant, or drug that impairs a person’s ability to drive safely.

Poor visibility

Poor visibility caused by weather conditions like rain, snow, or fog may also cause head-on collisions. These conditions may limit a driver's ability to see approaching vehicles ahead of them and take necessary precautions.

How is negligence determined?

Negligence for head-on collisions is determined by identifying which driver broke traffic rules leading up to the accident.

Determining negligence for head-on collisions is crucial because personal injury norms dictate that the person whose negligence caused the accident should be responsible for any resulting financial liabilities. However, depending on state law, there are some exceptions to that general rule.

Pennsylvania, as an example, is a no-fault state. According to 75 Pa. Cons. Stat. § 1713, this means that if a person suffers injury in an accident, regardless of fault, the injured person’s insurer will be responsible for providing insurance benefits to the injured person.

However, it is essential to remember that even in no-fault states, the injured person will be allowed to seek compensation from the negligent party for severe injuries as established in 75 Pa. Cons. Stat. § 1705 (other no-fault states have similar provisions, but it is important to note that Pennsylvania offers drivers the option to opt out of the no-fault system). 

It is also possible that negligence in head-on collisions extends beyond the drivers. For example, a government agency that fails to maintain roads or put up signs, which leads to unintentional roadway departures and, consequently, head-on collisions, may be found negligent and partially liable for the accident because it failed to carry out its duties. 

Common types of evidence used

To prove negligence in head-on collisions, the following types of evidence are often relied on:

Police reports

All states require that if an accident causes death, injury, or property damage beyond a certain threshold, the accident must be immediately reported to the police or any other relevant law enforcement agency. Since head-on collisions are often fatal, you will likely be required to report them.

Once these accidents are reported, the responding officer, upon investigating various elements of the accident, will prepare an official report representing their opinion on who should be responsible for the accident. Most insurance claim adjusters rely on these reports to deny, devalue, or approve claims based on the liability awarded to each party.

If the claim develops into a lawsuit, these police reports will not be admissible in court. However, the investigating police officer may be asked to testify, and they can still suggest who they believe was liable and why they felt that person was liable.

Witness statements

Investigating officers and parties involved rely on witness reports. For investigating officers, a witness statement is crucial to determining what happened. Meanwhile, involved parties seek out witnesses whose statements can help their claims.

If you have been in a head-on collision and have not been injured, finding witnesses to the accident is essential. Ensure you get a signed (or video-recorded) statement from them with their names, addresses, and contact information.

Material evidence from the scene

Involved parties can also use material evidence like pictures and videos of the accident to establish that negligence should fall on the other party. For this type of evidence to be effective, it must fully depict the accident and show how the other party was negligible.

This material evidence includes dashcams, traffic cams, or other CCTV footage. 

Suppose you believe footage of the accident has been captured by a camera. In that case, it is crucial to take note of the camera and inform your lawyer, who will work towards securing that footage.

Medical diagnosis

Documentary evidence of your medical diagnosis and treatments is also crucial evidence that establishes that you have suffered the injuries on your claim. These are especially important because the insurer will require proof that you have suffered the damages you claim, whether a first-party or a third-party claim.

How The Accident Helpers Can Help You

Head-on collisions can be significantly financially damaging. However, insurance companies are not always willing to cooperate with accident victims by providing due compensation for these injuries. And that is why you need a lawyer.

A car accident lawyer can help gather all the relevant evidence, negotiate with the insurance company, and represent you in court if necessary. Experienced lawyers ensure you can secure sufficient compensation that covers your injuries, damages to your car, and income you missed by being unable to work while recovering.

But how do you find the best-experienced lawyers around you? That's where we come in. At The Accident Helpers, we maintain a nationwide network of the best-experienced lawyers and can connect you with them.

All you have to do is contact us for a free consultation session. We will gather all the details of your accident and then suggest the best lawyers for you. Our services are completely free, so contact us today!