Determining Fault in Wrong-Way Car Accidents
Wrong-way accidents, commonly referred to as head-on collisions, are among the most common and dangerous traffic collisions. The victims of such accidents could sustain serious injuries or die from the impact forces during the crash. As a result, victims may be forced to incur expensive medical bills and remain out of work following the accident.
Normally, the injured in accidents can pursue compensation from those liable for the accident. If successful, victims can use the compensation money to pay for hospital expenses, lost wages, and pain and suffering. However, before they receive this money, they must prove that the other party’s negligence led to the accident.
Proving negligence in a wrong-way accident could be quite challenging. Read on for some tips to help you show fault from an accident.
Photo by Michael Jin on Unsplash
How to Prove Negligence
Here are the four key elements to proving negligence:
- Duty – Was the other party required to exercise a duty of care?
- Breach – Did the other driver neglect their duty of care?
- Causation – Did the actions of the other driver cause the accident?
- Damages – Did you suffer damages from the accident?
Always hire a lawyer to help you file a lawsuit against a negligent driver. Moreover, proving these elements requires expertise, and an experienced lawyer will help you gather evidence and present it in court.
Causes of Wrong-Way Accidents
As you figure out who is at fault for a head-on collision accident, it is helpful to consider the potential causes:
Driver Negligence
“Driver negligence is one of the most common causes of wrong-way accidents,” says lawyer Clive Markland of Roberts Markland, LLP. Fortunately, these acts of negligence are also the easiest to prevent by simply observing traffic rules. Common examples of driver negligence include:
Drunk driving – Alcohol impairs a motorist’s judgment, vision, and muscle coordination. Drivers may drift from their lanes, increasing the likelihood of a head-on collision.
Distracted driving – Distracting activities like texting, phone calls, talking, and fiddling with the radio take a driver’s attention away from the road. Losing focus even for a few seconds could be dangerous.
Drowsy driving – When drivers get exhausted from long hours of driving, their reaction time is reduced, and they could fall asleep at the wheel. They also fail to notice potential hazards.
Construction Zones
Another major cause of wrong-way accidents is ongoing road construction. Navigating construction zones can be confusing even for qualified drivers. There are lots of construction workers on-site and a lot of dangerous equipment lying around.
You can sue construction companies for negligence if they fail to maintain the work area. Since there may be many potentially liable parties, it is advisable to hire a lawyer for such a claim.
Defective Roads
In some cases, poor road conditions may affect a driver’s ability to navigate the roads safely. An accident victim may have to pursue compensation through the government entity responsible for road maintenance. Ensure you hire a qualified attorney to help with this, as filing a claim against a state entity could be challenging.
Possible road hazards include:
- Improperly designed roads
- Missing traffic signs
- Inadequate lighting
- Poorly marked onramps and offramps
- Overgrown foliage
- Faded lane markings
- Confusing signage
Final Word
Proving fault in an accident is quite challenging. Much evidence is needed to support the breach of duty, cause, and damages. Thus, it is wise to hire an experienced car accident lawyer before filing a lawsuit against the responsible parties. Lawyers increase your chances of a full and fair recovery, especially against a government or state entity.
Author: Anu T
