Head-on collisions remain one of the deadliest types of crashes in which motor vehicles can be involved, due to the tremendous force involved in a direct impact. Serious injury or even a tragic loss of life unfortunately is a common result. The firm can assess whether you have a claim and, if you do, diligently represent you in your pursuit of the compensation that you deserve.
For your initial consultation, call the office at 718-441-5050 or complete the online contact form today.
Although important safety measures have been implemented in recent years to reduce the likelihood of death from a car crash, head-on collisions remain very dangerous. They are not as common as other types of accidents, but they account for a disproportionate rate of fatalities.
The majority of head-on collisions occur because one driver has driven out of the lane, he or she should be driving in. These lane-departure crashes typically happen when a person seeks to pass another vehicle on a single-lane highway, drives under the influence of alcohol or drugs, falls asleep, fails to properly negotiate a curve while speeding, or drives down a one-way street or exit ramp in the wrong direction.
In most situations, some type of careless behavior by a driver is responsible for causing a head-on collision. This means that a victim may be able to hold that individual accountable under the legal theory of negligence.
He or she would need to show four required elements to prevail in this type of claim:
- Breach of duty
A breach consists of a careless action by the defendant that violated the duty of care. This obligation is defined in the context of car accidents as taking the same precautions that a reasonable person would take in similar circumstances to avoid foreseeable risks of harm to others. There are many ways to violate the duty of care, such as breaking any traffic law or failing to take unusual conditions into account.
Once duty and breach have been established, the victim needs to draw a causal link from the defendant’s careless conduct to the collision. This usually means showing that it was a foreseeable result of the breach, without an intervening factor that changed the course of events. Damages that may be available in a car accident case can take both economic and non-economic forms. For example, an injured person may seek compensation for medical bills, lost wages, and vehicle repairs in addition to the pain and suffering that he or she subjectively experienced.
It is important to remember that New York has a strict statute of limitations in negligence claims, such as those arising from car crashes. A victim must take legal action within three years of the accident, while a bereaved family pursuing a wrongful death claim on behalf of a lost loved one has only two years to file a lawsuit. Failing to meet these deadlines typically waives the right to compensation.
If you or someone close to you has been involved in a head-on crash, you should seek legal advice from the auto collision lawyer at The Cassisi Law Firm as soon as possible. The firm has helped numerous victims in Queens and nearby communities pursue the compensation that they need to support themselves and their families during the recovery process.
Call the firm directly at 718-441-5050 or use the online form to set up a free consultation.