Determining Who’s at Fault in a Head-On Collision

The aftermath of being involved in a car accident can be one of the most stressful processes around. Not only are you likely to be dealing with damage to your vehicle, you may also be dealing with injuries. If your injuries were the result of an accident that was not your fault, you are entitled to receive financial compensation from the at-fault driver. If one person has contributed more, or completely, to the cause of an accident, they are negligent and at-fault for the accident. When it comes to determining who’s at fault in a head-on collision, there are several factors in play.

Factors that Determine Negligence in a Head-On Collision

Head-on collisions often have serious consequences due to the speed and amount of force behind the impact of the accident. Not only do the vehicles show the damage, but also the drivers and passengers involved in the crash will more than likely suffer injuries.

Instances when the other driver was to blame include the following:

  • The other driver was driving on the wrong side of the road at the time of the collision.
  • The other driver had crossed over the centerline and crashing into you.
  • If the driver was found to be speeding at the time of the collision, that also contributes to their negligence.
  • Another driver falling asleep at the wheel and drifting into you.
  • The collision was a result of another driver not reading, seeing, or following the posted road signs correctly.
  • The other vehicle was being operated by someone under the influence of drugs or alcohol.
  • If the driver was distracted while driving (texting or talking on the phone).
  • The other driver was trying to pass another car incorrectly on a two-lane road and collides with you.

Demand Letter

Like any car accident that involves personal injuries or property damage, fault needs to be determined, so the correct party is responsible for damages to the other individual. The person who is filing a personal injury claim is referred to as the ‘plaintiff’; the person who the claim is being filed against becomes the ‘defendant’. Once a demand letter has been drafted by the plaintiff stating their intent to pursue damages from the defendant, the response from the defendant determines how the case proceeds. If the defendant or their insurance company refuse to pay or deny negligence, your personal injury claim can become a lawsuit.

Car Accident Attorney

Hiring an auto accident attorney in Rockford, IL is your best way to ensure you are getting the maximum amount of compensation you are entitled. Your lawyer will assess your case, give you a ballpark figure of compensatory damages you can expect, and advise you on how best to proceed. They will compile important paperwork and make sure it is filled out correctly and filed on time to avoid any unnecessary delays.

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