We offer free case evaluations, and you owe nothing unless we win. Call before time on your case runs out.
Call Now: 512-535-1649
Head-on collisions are some of the most dangerous accidents that can occur on Austin roadways. When two vehicles travel towards each other and collide at a high rate of speed, the injuries and damages can be catastrophic.
The head-on collision accident lawyers at Lovins Trosclair, PLLC have assisted countless victims and their families as they attempt to recover from their horrific experience. We will stand by your side as you file a claim with an insurance company or represent your case if you decide to file a lawsuit against the responsible party. Contact us today at 512-535-1649 for a case evaluation.
Determining Fault After a Head-On Collision
Before taking legal action, you should discuss the facts of your case with one of our attorneys to determine who was at fault for the accident. The success of your claim or suit will depend on whether we can prove by a preponderance of the evidence that the other driver was at fault and is liable for your accident-related damages.
What happens if the other driver is at fault?
In a head-on collision, the vehicles may veer in opposite directions upon impact, making it difficult to determine fault. However, we can contact accident reconstruction experts to recreate the crash scene and determine fault based on skid marks and other evidence.
Once we have determined that the other driver was at fault, we will be able to file a claim with his insurer to recover damages based on their policy. In Texas, all motorists must have a liability insurance policy with a minimum of $30,000 in injury coverage per individual, $60,000 in injury coverage per accident, and $25,000 for property damage per accident.
Sometimes, the total amount of your damages will be much greater than the other driver’s insurance policy. In such cases, you may need to file a claim with your own insurance policy to recover additional damages.
What if I was partially at fault?
In Texas, you can still recover damages even if you were partially responsible for what happened. The court will apportion fault between the two parties. Texas follows a modified comparative negligence formula, which allows parties that are less than 51% liable for the accident to recover damages. Parties that are 51% or more liable will not recover anything.
If you are less than 51% percent liable, the amount of damages you receive will directly correlate with your percentage of fault. For example, if your damages total $50,000 and you were 20% percent at fault, you will only receive $40,000.
What is negligence?
In car accidents, many at-fault drivers are guilty of negligence. As part of your claim, our attorneys will show that the other driver acted negligently by proving four basic elements.
We will prove the other driver had a responsibility or duty to other motorists to follow driving laws and behave safely behind the wheel. Duty is usually presumed in car accident negligence cases.
We will prove that the other driver acted negligently by speeding, swerving, or otherwise driving recklessly. We will present police reports, witness testimony, state and federal traffic laws, and other information to prove that the breach occurred.
A breach of duty may be easy to prove, depending on the specifics of your head-on collision. If one driver was going the wrong way or veering into traffic when the accident occurred, the police report and witness testimony will likely be enough to implicate him. If the other driver was speeding while making a sharp turn, he breached his duty by driving too fast for the conditions.
Many drivers that are going the wrong way or otherwise acting recklessly are guilty of distracted driving, drowsy driving, or driving under the influence of alcohol or drugs. We can use breath tests, police observations of driver behavior, and cell phone records to prove that a driver breached their duty to other motorists by driving while distracted.
We will need to connect the other driver’s breach of duty with the accident. We can use expert testimony to show that the accident would not have occurred but for the other driver’s negligence. Medical experts and other professionals can testify to the fact that a head-on collision like yours could cause your specific injuries.
Lastly, we will present your medical records and physician testimony to prove that you suffered injury in the crash.
What if I want to file a lawsuit?
If you decide to file suit after a head-on collision, make sure to do it as soon as possible after the accident. Per Texas statutes, your lawyer must file a personal injury suit within two years of the date of your crash. Waiting too long may bar you from financial recovery. Talk to our attorneys today to file suit before the deadline.
Many families are so focused on taking care of the accident victim’s physical and emotional needs that they do not even think about the financial side of things. The reality is that many accident victims require long-term medical care and numerous surgeries and treatments. Accident victims are often unable to work and cannot earn money to pay their medical bills for months after the accident.
While money may be the last thing on your mind right now, you will wish you had some financial support when the bills come due. If you file a successful lawsuit against the party or parties that caused your accident, the court may award damages to pay for medical bills, lost wages, pain and suffering, and other expenses.
Our Attorneys Will Fight For Your Damages
It can be nearly impossible to fully erase the memory of your head-on collision. The trauma you experienced, along with your physical injuries, will stay with you for many months or even years after the experience occurred. You may need to deal with expensive surgeries, numerous hospital visits, and lost wages. It is only fair that the parties who caused your accident and injuries pay for the damage.
At Lovins Trosclair, PLLC, our attorneys have the experience and knowledge to successfully handle head-on collision cases like yours. Call 512-535-1649 to discuss your options for financial recovery.