In a head-on collision, the question of fault can be difficult to determine. One driver might have been going too fast, or one car may have swerved into the other lane without warning. The reality is that both drivers could be at fault in a head-on collision. This blog post will explore how liability is determined in a head-on collision and what you can do to protect yourself if you are involved in such an accident.
- Liability for Head-On Collisions
When determining liability in a head-on collision, no one factor can be relied on to determine who will pay and how much. Take the time to explore online sources. When you do, you may come across the article at https://www.hamparyan.com/liability-head-on-collision-california/ that tackles how you will be able to identify liability in these circumstances in the state of California. Nevertheless, rather than focusing on any one piece of evidence such as the speed of either driver or where the crash occurred, it might be best to focus more generally on the circumstances of each crash and who might have been able to do more to avoid it.
One of the primary factors that can help determine who is at fault in a head-on collision is speed. Determining the speed of a car is not always easy. Some drivers might have been going too fast, while others were going slower than they should have been. In any case, it can be difficult to prove that one driver was traveling faster or slower than another unless there are witnesses or other evidence such as skid marks on the road after the crash.
Location of the Collision
Another factor that might determine liability in a head-on collision is where the crash occurred. For example, if one car veers into oncoming traffic after being cut off by another driver, then clearly it would be at least partly the other driver’s fault for causing an accident with so little time to avoid it.
Time and distance between vehicles
The time and distance between vehicles can be another determining factor in head-on collisions. If the front of one vehicle is inside the rear quarter panel of the other, then it can be assumed that speed was excessive for the road conditions, or that there may have been negligence on behalf of either driver.
The location of the accident after evasive action is taken will play a role in determining fault, but your negligence or lack thereof when taking evasive action cannot. In most cases where two vehicles collide head-on, it is difficult to prove that one driver has not been negligent while the other has been. It is easier to assume that they were negligent at different times leading up to the accident.
Hazards in between vehicles
If you are driving slowly down a two-lane highway and see an obstruction up ahead, such as a stopped vehicle or slow-moving animal, you are required to take evasive action to avoid an accident. Whether the obstruction is caused by another driver’s negligence or not will play no role when determining fault for your injuries. If it can be proven that you hit the hazard at full speed, then there would most likely be an immediate collision. From there, it can be assumed that you were driving too slowly for the road conditions ahead.
Finally, the driving conditions can also help determine who is at fault in cases of a head-on collision. If, for example, one driver is faced with managing adverse weather conditions and the other does not have this problem, there may be some fault to go around in this kind of road accident. The driving experience of each party can also contribute to identifying who was liable in cases involving this type of road mishap. For example, if one driver has more experience than the other, they may bear some responsibility for any crashes.
Liability can also be determined by looking at whether or not there were any signs of braking before an impact occurred, as well as whether a driver is intoxicated. In terms of the latter, driving under the influence of alcohol or drugs can result in criminal charges being filed against you if your blood alcohol content exceeds 0%.
So, now you know! If your car accident was caused by another driver’s negligence or recklessness, they are liable for all damages. Car collisions can be tricky to sort out, but there will always be someone to help. If your car was in an accident, or if you have any questions about who is most liable for the collision, contact a personal injury lawyer to help answer any of your questions. They can also provide more information on how they could represent you during court proceedings.