Head-on collisions often result in severe physical injuries and significant property damage. If you were harmed because another motorist’s carelessness caused this type of crash, Frankl & Kominsky can help you pursue a claim for compensation. Our car accident lawyers have substantial experience representing victims near West Palm Beach and surrounding communities. If you were involved in a head-on collision, we can tenaciously assert your rights against a defendant driver and his or her insurance company.Causes of Head-On Car Collisions
Head-on collisions are the most common type of car crash. According to data from the National Highway Safety Administration, they accounted for nearly 31 percent of fatal passenger car accidents in 2012. Common causes for head-on collisions include distracted driving, driving while under the influence, and inclement weather. They typically occur when a motorist:
- Crosses the median and strikes a vehicle heading in the opposite direction;
- Drives the wrong way; or
- Attempts to make a left-hand turn and strikes an oncoming vehicle
Most head-on collisions result in serious harm to the upper body, including the head and neck. Victims can suffer brain trauma, deep lacerations to the face and chest, broken ribs, and internal organ damage, such as a punctured lung.Hold a Negligent Driver Accountable for Your Injuries
Head-on crashes typically happen because someone acted carelessly. You can seek damages from the driver who struck you by filing a Florida personal injury lawsuit. Most victims in this position will pursue a claim based on negligence.
This legal theory may apply when a person fails to use the care that an ordinary person would consider appropriate to avoid unnecessary risks to others. A victim needs to establish that the defendant had a duty to act with care, violated this duty, and caused the accident in which the victim was hurt. It is also essential to show that the injured person incurred damages that stemmed from his or her harm.
All Palm Beach County drivers must use reasonable care on the road. A driver may be responsible for any injuries caused by his or her failure to meet this standard, which is called a breach of duty. For example, a motorist may have struck you head-on because he or she was distracted and drove the wrong way into your lane of traffic. You would have to show that the driver’s actions were causally linked to your injury.
Drugs and alcohol impair a motorist’s mental and physical faculties. A drunk driver is unlikely to realize that he or she is in the wrong lane of traffic until it is too late. If an intoxicated driver caused your injuries, you can try to prove his or her liability under the related theory of negligence per se. While negligence requires that you show duty of care and breach, you do not have to prove these elements in negligence per se. Instead, you would argue that the defendant violated a statute specifically enacted to protect people like you against the type of injury the driver caused. The relevant law in this situation would be Florida’s prohibition against drunk driving.
If you can prove your negligence case, you can potentially obtain compensation for your injuries. You may be able to recover damages for medical costs, property damage, lost wages, pain and suffering, and more. Florida gives victims four years from when an accident occurred to file a claim.Lawyers Protecting the Rights of Injured West Palm Beach Residents
Frankl & Kominsky consists of diligent car crash attorneys who are prepared to help you pursue a lawsuit for damages after a head-on collision in West Palm Beach. We can investigate the accident, review your medical records, and interview witnesses to build a strong case on your behalf. We represent victims of all types of injuries throughout cities such as Delray Beach, Boca Raton, and Lake Worth. Call us today at (855) 800-8000 to arrange a free consultation, or you can reach us via our online form. We speak Spanish and Creole.