581 people were killed in head-on collisions on Texas roadways in 2014. Head-on collisions happen when two vehicles collide nose-to-nose. These types of accidents can occur when one car is stationary, but happen more often when both cars are driving. Speed is a major factor in the extent of damage and injuries suffered during a head-on collision, and many high-speed head-on collisions end in at least one fatality.
Head-on collisions can happen for a variety of reasons. People who are unfamiliar with one-way streets may turn down them unknowingly. Driving carelessly in parking lots or making a left turn at the wrong time can also cause an accident. Many of these accidents happen when one vehicle crosses the line into opposing traffic. Very often, a distraction or other careless driving behavior is to blame for the accident, and victims are left struggling with medical bills, property damage costs, and ongoing treatments.
Facing the Aftermath of Head-On Collisions
Head-on collision survivors face a higher risk of catastrophic injury. Spinal cord injuries, burns, and traumatic brain injuries can change a person’s life forever. The severity of injuries may vary widely in these cases, but many can leave victims with exorbitant costs, lost income, spinal cord injury, and/or emotional suffering.
When negligent behavior is responsible for a head-on collision, accident victims can pursue justice in a personal injury claim. If you or a loved one has been injured in a head-on collision, a personal injury attorney can help you hold the responsible party accountable and obtain the compensation you deserve to cover your related expenses. The experience level of your attorney can make a difference in whether you pay out-of-pocket or obtain a settlement that can help you get back to your life.
Your first priority after a motor vehicle accident should be getting well and moving forward. The attorneys at the Law Firm of Aaron A. Herbert in Dallas have the experience to deal directly with your insurance adjustors, find quality medical care, and pursue 3rd party investigations to determine the truth in your case. Herbert has a history of negotiating thousands of cases to a successful conclusion and has a reputation in the field for his client representation.
Why Hire a Dallas Collision Attorney?
It is an unfortunate reality that automobile insurance companies do not necessarily want what is best for you after a head-on collision. When an insurance company receives notice of a claim, it will try to find ways to minimize, delay or deny payout. The insurance company’s main goal is to save money, not to maximize your compensation award. Every time you speak with an insurance claims adjuster, he or she could be trying to find ways to get out of paying your damages. Hiring a collision attorney in Dallas can protect you from insurance bad faith tactics.
A collision attorney can take over conversations with claims adjusters on your behalf. Rather than accidentally saying the wrong thing in the aftermath of a bad head-on collision, you can rest and focus on recovery while your lawyer handles communications with insurance companies. Your lawyer will know how to combat common delay, deny and decrease tactics insurance companies use to minimize their liability for damages. Rather than allowing you to settle your claim for less than you deserve, your lawyer will fight for full and fair compensation.
A collision attorney can also handle many other aspects of your car accident claim in Dallas. From interviewing people who saw the accident to filling out complicated claims paperwork, your lawyer can take care of confusing or difficult tasks while you concentrate on healing. Trusting your collision claim with an attorney could completely transform your legal experience. Rather than worrying about insurers taking advantage of you and settling for little to no money, you can rest assured your lawyer is advocating for your best interests every step of the way.
What Is the First Step for a Claim?
You may have grounds for a personal injury claim after a head-on collision if the other driver was to blame for your accident. If the other driver crossed the median and crashed into you head-on, for example, he or she could be at fault for your accident. Proof of driver distraction, negligence, intoxication or recklessness could be enough to win an injury claim against the driver and/or his or her insurance provider.
If you believe you have a claim, the first step toward obtaining a fair compensation award is filing an accident report. You should start documenting your head-on collision and related damages as soon as possible, from the scene of the accident if you can. Start by calling the police and getting an official accident report. Then, go to the hospital for injury treatment. Keep copies of your medical bills and treatment records. As soon as you can, call the at-fault driver’s insurance company to file a claim.
The insurance claim is the first step toward obtaining compensation if you are eligible for financial recovery. Filing a claim with the at-fault party’s insurance provider will initiate an insurance investigation into the crash. This could lead to the insurer offering you a settlement for your medical bills and property damages. Before you accept a settlement, however, speak to an attorney to find out if your case could be worth more. The insurance company may try to underestimate your damages.
Should I File a Police Report?
In Texas, you only need to call the police after a car accident if it caused injuries to any party involved, deaths or more than $1,000 in collective property damage. Most head-on collisions fulfill these specifications and thus require police reporting in Texas. Call 911 from the scene of the accident and report if anyone has injuries. Remain at the scene until you have fulfilled your duties as a driver to avoid facing a hit-and-run charge.
Never let the other driver talk you into keeping the accident from the police – especially if you have noticeable pain or injuries. Failing to report a serious crash to the police is against the law. It could also hurt your odds of securing compensation for your damages later. Not having a police report could be a reason for an insurance company to deny your claim. Without the police report documenting the facts, the other driver may also be able to lie about the events leading up to the collision. Always call the police to request a report after a head-on collision.
If the police fill out a report from the scene of your accident, you will not need to take any further action. The police will document your crash and submit a CR-3 form to the Texas Department of Transportation (TxDOT) on your behalf. The police report is enough to satisfy the requirement of reporting a crash to the TxDOT. In a serious head-on accident, the police will usually fill out an official report. If for some reason they do not, however, you will need to fill out and submit CR-2 instead. The CR-2, or the Blue Form, is a crash report the driver completes and submits to the TxDOT.
Determining Liability in a Head-On Collision
Head-on collision cases may or may not be straightforward. Factors like the weather, the time of day, and road conditions all play a part in determining fault in a head-on collision. When our attorneys take on your case, we use a team of experts to thoroughly investigate and preserve the evidence so that we can develop a case for the maximum amount of compensation available. Herbert is one of a distinguished 2% of attorneys in the state who are board-certified in personal injury law. His experience and commitment to fighting for his client’s rights sets our law firm apart from other Dallas personal injury firms.
What Could I Be Compensated For?
A successful insurance claim or personal injury lawsuit could help you rebuild your life after a serious head-on collision. The compensation you receive could repay you for economic losses, such as hospital bills, as well as noneconomic or intangible damages. A financial award could help you and your family pay off bills and finally move forward. The losses you may achieve compensation for depend on how much the crash impacted you and your family.
- Past and foreseeable future medical expenses
- Disability costs and live-in care
- Home or vehicle disability accommodations
- Physical pain and emotional suffering
- Mental anguish
- Loss of income or capacity to earn
- Lost quality or enjoyment of life
- Property damage repairs
- Vehicle replacement
- Punitive damages
Your lawyer can help you evaluate a head-on collision to list all compensable damages you might have suffered due to the other driver’s negligence or recklessness. Then, your attorney can go up against insurance corporations or other defendants in pursuit of economic and noneconomic damages. The Law Firm of Aaron A. Herbert has lawyers who can aggressively advocate for maximum compensation based on your medical condition, how the injury has impacted your life and how much money the crash cost you. Learn the potential value of your claim during a free case review.
The Statute of Limitations for Head-On Collisions
A statute of limitations is a law in Texas stating how long a claimant has to file a lawsuit against another party. Each state has different statutes of limitations for car accident claims. In Texas, you have two years from the date of your head-on collision to bring a personal injury lawsuit. Since head-on collision injuries are often serious or catastrophic, the deadline typically begins on the actual date of the accident.
The deadline may begin on a different date, however, if you do not discover your injuries until later. If you suffer a traumatic brain injury that does not start showing symptoms until days or weeks after your head-on collision, for example, the clock will not start ticking until your date of diagnosis. This exception is what Texas lawmakers call the discovery rule. You may need proof such as treatment records to show you qualify for a deadline extension.
Do not miss your statute of limitations as a claimant. The courts in Texas will not hear a case that has exceeded its deadline to file. Even if the clerk accepts your claim, the defendant’s attorney will most likely use the missed statute of limitations as an argument as to why the courts should dismiss the case. Work with an attorney to make sure you file your head-on collision injury lawsuit before the deadline
What to Do After an Accident
After an accident, you may be bombarded with calls from insurance adjustors and other professionals. The process can be overwhelming. We urge you to contact an attorney for a free consultation before giving any details to an insurance representative. Keep all of your medical bills, and document as much evidence as you can. In addition to fighting for your case against the erroneous party, we can also make dealing with claim adjustors and representatives easier. Make sure that you are getting the compensation that you deserve after being injured in a head-on collision.
Call a Dallas Head-On Collision Lawyer
As a personal injury law firm, our team operates on a contingency basis. Unless we secure compensation on your behalf, you won’t have to pay anything. Learn more about your potential case in Dallas and surrounding areas by contacting us today to schedule a free consultation.