The party that directly took an action that caused the crash is at fault in a head-on collision. Responsibility for these crashes varies on a case-by-case basis. A Charlotte car accident lawyer will need to review the facts surrounding an accident to determine who holds legal liability.
Who Is at Fault in a Head-on Accident?
Fault varies for head–on accidents. Generally, a Charlotte personal injury lawyer will need to investigate after a crash to collect evidence and establish that:
- One party owed another a duty of care.
- The at-fault party violated their duty.
- The at-fault party’s actions directly caused a head-on crash.
- The head-on crash caused another person injuries and financial losses.
Determining negligence can allow an attorney to determine who caused a head-on crash.
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Why Does Fault Matter in a Head-on Collision?
Fault matters after a head-on crash because the liable party needs to pay for all the damages associated with the crash. The party responsible for causing a collision may need to pay any injury victims for their:
Medical Expenses
Head-on accidents can result in catastrophic injuries, including broken bones and a concussion. The at-fault party may need to cover the cost of an accident victim’s emergency treatment, time in a hospital, medications, surgeries, and other healthcare costs.
Property Repairs
Crashes often result in significant damage to vehicles. The liable party may have to cover the costs of any necessary vehicle repairs. They may also have to pay for any other property damaged in the crash.
Lost Wages
In many cases, head-on accident victims need time off work to heal. The liable party might have to address any lost pay or reduced earning potential associated with the collision.
Pain and Suffering
The party responsible for a head-on crash is likely also responsible for paying for all the non-economic damages caused by the accident. For example, injury victims may receive payment for their emotional distress, pain, and mental suffering.
Determining who is at fault in a head-on collision is crucial because this step influences who has to cover the costs of a crash.
How Do Lawyers Prove Fault for a Head-on Crash?
Attorneys can use several investigative strategies to establish fault after a head-on accident. In many situations, lawyers focus on:
- Visiting the scene of the collision
- Questioning all eyewitnesses and taking their statements
- Getting a copy of the official police report
- Looking for photos and videos showing the crash
- Visiting local businesses to request surveillance footage of the collision
The sooner an individual contacts a lawyer after a crash, the better the chances that the lawyer can collect all relevant evidence and build a solid claim against the at-fault party.
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What Happens After a Lawyer Gathers Evidence?
Once a lawyer gathers evidence that can establish fault for a head-on collision, they can take additional steps to secure compensation for their clients. Generally, lawyers have two methods available to resolve an accident claim after a crash:
Negotiating a Settlement
In many situations, lawyers will enter negotiations with the insurance company that represents the liable party. During these negotiations, attorneys will present evidence and assess any offers made by the company, rejecting deals that fail to adequately cover a client’s losses.
Negotiations often resolve with a settlement that provides the money a head-on accident victim needs to move forward.
Filing a Lawsuit
In some cases, the insurance company will refuse to offer a fair settlement. In such situations, an attorney can help with a personal injury lawsuit against the party responsible for the head-on crash, potentially securing a verdict in favor of their client through the civil court system.
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Time Limits to Establish Fault for a Head-on Accident
Car accident victims have a limited time to determine who is at fault after a head-on crash. North Carolina has a personal injury statute of limitations that controls how long individuals can wait to take legal action. Typically, the state only allows you to wait three years from the time of a crash to file a claim.
Individuals who wait too long to move forward with their legal case will lose the right to secure payment for their losses.
Learn More About Head-on Accidents in North Carolina
So, who is at fault in a head-on collision? Liability varies for these accidents and depends on who caused the crash by acting in a negligent or reckless manner. You can rely on a professional and dedicated car accident lawyer from our team at DeMayo Law Offices to assess your situation and determine liability for your crash.
As Your North Carolina Law Firm™, we’re fully prepared to review your situation, investigate what happened, and build a strong claim to secure fair compensation for any losses you sustain.
You can count on us to immediately take charge. We put People Over Profits™ and understand what you’re going through. Reach out now to discuss your next legal steps.
Call or text (877) 333-1000 or complete a Free Case Evaluation form