As defined by Aurora law, a head-on collision is when someone crosses over a center lane or makes a lane change without checking to see if there was another vehicle in oncoming traffic. This usually occurs because one driver is distracted by their phone or because of poor road conditions.
Contact an Aurora head-on collision lawyer to learn more about how to pursue damages for an accident that has caused you permanent or temporary harm. Speak with a compassionate car accident attorney who can review the facts of your case.
Common Causes of Serious Injuries
Aurora head-on collision lawyers know that the severity of an accident is often caused by the speed that both vehicles are moving, which are compounded in a head-on case. This means that the sudden change of direction or the velocity is magnified two times, which causes severe injuries. Oftentimes, the airbags will go off, causing an additional injury. The injuries of a head-on collision are significant because of the speed of the vehicles and the direction in which they are traveling go against one another.
Why Should Someone Seek Medical Attention?
Due to the severity usually involved in a head-on collision, there are issues of traumatic brain injury, herniated discs, and other very severe injuries. People that wait to see if things will get better over time make things worse, because of the violent nature of a head-on collision.
Insurance Company Fault Assignments
Head-on collisions are stuck with the same theories of comparative fault as other personal injury claims. Unless the at-fault driver crosses the center lane, is under the influence of drugs or alcohol, or is driving while distracted, there is a presumption that the other is at fault.
Insurance companies routinely try to place blame on the plaintiff, claiming that they had the last clear chance to swerve out of the way or to slam on their brakes, which is a theory of law that has been repealed in Colorado. If an insurance company argues last clear chance or that the plaintiff had the opportunity to avoid the accident, it is quickly thrown out by the Aurora head-on collision lawyer handling the claim.
As far as traffic law, a head-on collision can be caused by multiple factors. Police should have noted in their report that the at-fault driver was driving too fast for poor weather conditions or was careless and that is what caused the head-on collision. There is a basis because, with an accident that is just an accident, there is no fault, it is going to come down to 50-50, or there was nothing that could have been done to avoid it in that situation.
What are Punitive Damages?
Punitive damages are associated with willful and wanton behavior like distracted driving and driving under the influence of drugs or alcohol. That is the primary basis for any sort of punitive damage.
Types of Evidence to Seek
Aurora head-on collision lawyers may talk to the police, talk to independent witnesses, and establish that if the other driver was distracted or under the influence, they can get copies of any statements by the police regarding sobriety tests of BAC to show what their blood alcohol level was. If they were on their cellphone, attorneys want to get copies of their cellphone or texting records as proof that they were on their phone at the time of the accident. Those are the initial stages of collecting evidence before it is destroyed.