New York Head-On Collision Lawyer

Head-on collisions are among the most severe types of traffic accidents, often resulting in significant injury or fatality. Understanding the common causes and scenarios leading to these accidents can help in both prevention and legal defense. 

• Distracted Driving: Activities like texting, talking on the phone, or adjusting controls can divert a driver’s attention, causing them to veer into oncoming traffic.
• Impaired Driving: Alcohol and drugs impair judgment and reaction times, increasing the risk of drifting into opposing lanes.
• Fatigue: Tired drivers may fall asleep or struggle to maintain their lane, especially during long drives or late at night.
• Reckless Overtaking: Risky passing maneuvers on two-lane roads can lead to head-on collisions with oncoming vehicles.
• Wrong-Way Driving: Entering highways or one-way streets in the wrong direction often results from confusion or distraction and can be deadly.
• Speeding: High speeds reduce reaction time and control, making it easier to unintentionally cross into opposing lanes.
• Loss of Control: Vehicle malfunctions like brake failure or tire blowouts can cause sudden loss of control and head-on crashes.
• Weather Conditions: Rain, snow, or ice can reduce traction, leading to vehicles sliding into oncoming traffic.
• Blind Curves: On winding roads, drivers may fail to anticipate oncoming traffic around blind curves.
• Failing to Yield: Ignoring traffic signs and right-of-way rules can cause collisions at intersections or merging lanes.
• Medical Emergencies: Health issues such as heart attacks or seizures can incapacitate drivers, leading to loss of control.
• New Drivers: Inexperienced drivers often struggle with lane discipline and predicting other drivers’ actions.
• Road Rage: Aggressive drivers may intentionally drive into oncoming traffic during confrontations.
• Animal Crossings: Swerving to avoid animals can result in head-on collisions with other vehicles.
• Poor Road Conditions: Potholes, uneven surfaces, and inadequate signage can cause drivers to inadvertently cross into opposing lanes.

Injuries sustained in accidents involving head-on collisions are often catastrophic, affecting the victim and their family for many months, years, and even a lifetime. Unfortunately, fatalities are very common in these accidents. Even with the proper use of seat belts and other safety systems, accidents involving head-on collisions can still cause serious damage and injuries, especially if a victim gets ejected from the vehicle or gets pinned inside.

Common injuries include:

• Crushed extremities
• Spinal cord injuries
• Fractures
• Traumatic brain injuries
• Internal bleeding
• Amputation
• Paralysis
• Internal organ damage
• Orthopedic damage to the neck and back
• Wrongful death

Establishing negligence is critical when pursuing compensation after accidents. For injured parties, pursue either an insurance claim or a personal injury lawsuit.

In a case of negligence, there are specific elements that must apply:

• That the other driver owed a duty of care toward the injured party. All drivers owe others on the road a legal duty to operate their vehicles safely to avoid harm.
• The other driver breached that duty. If the other driver operated their vehicle unsafely, it is a breach of their legal duty. This includes any driver who was driving carelessly, while distracted or drowsy, or under the influence of alcohol or drugs.
• The other driver’s actions directly caused the accident and injuries.
• Damages resulted from the accident.

It is often difficult to determine who is at fault for accidents that are head-on collisions. A skilled New York head-on collision attorney understands these difficulties and often employs the assistance of accident recreation experts and expert witnesses to prove fault after head-on collisions in support of a claim. If you have been injured in a head-on collision in New York, contact our experienced personal injury team at Kucher Law to understand how we can help.

After the fault is established, the injured party must also establish injuries.  New York has no-fault insurance laws that allow injured parties to pursue compensation for medical bills, lost wages, and other expenses from their own insurance company after an accident. In addition, those who are injured in a head-on collision can pursue recovery from pain and suffer from those who caused their injuries. In order to do so, they must meet what is known as the Serious Injury Threshold.  Under Article 51 of the New York Insurance Law, serious injuries are specifically defined, with the ability for an injured party to seek compensation from the at-fault party.  But in cases of catastrophic head-on collisions, damages often exceed what is called the “serious injury threshold.”

After a serious head-on collision, an injured victim may be looking at months, years, and even a lifetime of physical, emotional, and financial issues resulting from their injuries. Consequently, an injury victim can be entitled to monetary compensation from the at-fault party after a devastating head-on collision. 

Compensation can include:

• The costs of the injury, including any costs related to emergency vehicles or airlift transport, hospitalization, surgery, doctor’s fees, therapies, prescription medication, specialized medical equipment, or rehabilitative care
• Any potential future medical costs as they may be related to the injuries
• Lost wages
• Any future loss of earning capacity because of the injuries
• Emotional distress, pain, and suffering
• Wrongful death damages for surviving family members in the case of a fatality
• The costs related to property damage, including the cost to repair or replace vehicles involved in the accident, external property damage, and any personal property inside the vehicles

Driving the wrong way on a one-way street or highway ramp – Driver negligence or confusion can lead to a driver moving in the wrong direction on a one-way roadway and encountering traffic coming in the opposite direction.

• Crossing the centerline – A negligent driver can get caught on the wrong side of the centerline and not be able to get back in time, coming into contact with oncoming traffic.
• Improper passing – Impatience and bad timing can get a driver trapped on the wrong side when attempting to pass other traffic.
• Taking curves too fast – The centrifugal force of a car taking a curve at high speed can throw it into the wrong lane during a turn.
• Driving while drowsy – Drivers who continue to drive past the point of safety and fall asleep at the wheel often find themselves veering into oncoming traffic.
• Distracted driving – Drivers who operate their vehicle while they are distracted by other things inside the car are at risk of veering over the center line and causing catastrophic accidents.
• Drunk or drug-impaired driving – An impaired driver can find him or herself veering into oncoming traffic and be unable to correct the course of the vehicle in time.
• Speeding – Speeding drivers risk losing control of their vehicle, often causing serious accidents.

It is important to understand that insurance companies are often reluctant to pay valid claims for injuries caused by accidents. As large, for-profit entities, insurance companies often seek to avoid paying for anything that eats into their profits, leaving accident victims at risk of accepting insurance settlements that are nowhere near what they are legally entitled to. 

Accidents, especially vehicular crashes, can have a huge impact on someone’s life especially if it results in severe injuries or death. Having an experienced New York personal injury attorney on your side may help ensure that the insurance company is being held to its responsibilities under the law and that you get the compensation you deserve. 

At Kucher Law, our personal injury attorneys are skilled negotiators, holding insurance companies accountable for paying fair claims to victims of accidents. If a settlement can’t be reached, we will take the insurance company or at-fault party to court to ensure that our clients get fairly compensated for their injuries after a serious accident.