The Gutierrez Law Firm helps car accident victims in Houston. You can be in all different kinds of car accidents, but one of the most common and devastating is a head-on collision.These accidents often result in severe injuries or fatalities. If you have lost a loved one or suffered life-changing injuries in such an accident, our firm is here to help. Contact us today for a free consultation.
Why Do You Need a Lawyer?
In Texas, there is no legal requirement to hire a lawyer. For minor injuries or accidents, you might not need legal assistance. However, if your accident involves a serious head-on collision, you will likely need extensive support. Our team can guide you through the legal process, whether it involves filing an insurance claim, presenting a settlement demand, or pursuing a personal injury lawsuit in court.
We will help you gather evidence and build a strong case for damages. Our team will negotiate on your behalf and strive to simplify the legal process for you and your family, allowing you to focus on your recovery. The decision to work with us is entirely yours. Remember, we offer free consultations and work on a contingency-fee basis, meaning there are no upfront costs for you.
Who’s Liable in a Head-on Collision Accident?
The main part of your claim is figuring out who pays for the damages. This is called liability, and it depends on negligence. Negligence refers to the failure of another driver (or someone else) to keep you safe, which is a legal responsibility that everyone has when they drive. When this happens, whoever caused the accident is liable for your injuries
In a head-on collision, the driver who hit you head-on is mainly responsible, especially if they were speeding, driving recklessly, or intoxicated. However, others might share some responsibility, such as:
- Other drivers
- Passengers
- Pedestrians
- Motorcyclists or bicyclists
- Repair shops or mechanics
- Local governments
You might also share some blame under “comparative negligence,” which means your damages are reduced by the percentage of fault you contributed.
What Damages Are Available in a Head-On Collision Accident Claim?
Whenever you’re in a head-on accident, it’s likely that you’re going to have serious injuries. But legally speaking, your options are pretty much the same. You can either:
- File an insurance claim
- File a personal injury lawsuit
Whichever option you choose is entirely up to you and your needs. The insurance process is quicker and less formal, but you don’t usually recover as much in a settlement because it’s totally controlled by the insurance company. This is why a lawsuit is sometimes a better option if you’re more seriously injured, but it takes more time and effort. Regardless of which option you choose, you can potentially recover:
- Medical expenses – These cover surgeries, treatment costs, prescriptions, specialist consultations, medical devices, and ongoing medical needs.
- Vehicle damage – This category covers repair or replacement costs for your vehicle.
- Lost income – These damages cover any income lost from missing work due to injuries, including loss of future earning potential or benefits.
- Pain and suffering – This is a category of “non-economic” damages that cover the physical pain and mental anguish caused by the accident.
- Emotional distress – Similarly, these damages cover the emotional and psychological trauma from the accident, including treatment for anxiety, depression, or PTSD.
- Loss of quality of life – These damages cover the impact on your inability to enjoy things the way you did prior to the accident.
- Permanent disability – These damages cover ongoing needs for lifelong debilitating injuries resulting from the accident.
- Wrongful death expenses – These damages are available in a “wrongful death” claim that your surviving family members would file in the event the head-on collision is fatal. It covers funeral and burial expenses, as well as damages for the loss of your companionship.
- Punitive damages – In cases where the other driver was driving under the influence or acting recklessly, punitive damages may be awarded to punish the responsible party.
Even when liability is clear, the success of your claim after a head-on collision depends on the evidence and how you present your case. More to the point, you have to file your claim within Texas’ statute of limitations, which is two years from the date of the accident itself.
How Can You Protect Your Injury Claim After a Head-on Collision?
Because your injuries in a head-on collision are likely to be much more severe than in a normal car accident, you need to do everything you can to protect your claim. The stronger your claim is, the more damages you can get. So, when you’re in a head-on collision, you have to make sure to do the following to protect your claim:
- Get medical care – Your first priority is to stay safe and take care of yourself. Call 911 if you’re hurt so an ambulance can take care of you at the scene. Even if you initially feel fine due to adrenaline, it’s important to get medical care both at the scene and then with a doctor. Failing to do so might be used against you by insurance companies when evaluating your injuries.
- Report the accident – Depending on where the accident occurred, you may need to contact the Houston Police Department, Harris County Sheriff’s Office, or the Texas Highway Patrol. In Texas, you are legally required to report the accident to the police. When they get to the scene, they will create an official report of the incident. While you can’t use this report as evidence in a lawsuit, it contains important information for your claim.
- Gather information about the accident – Once you’re safe, authorities are on the scene, and you’ve received medical attention, start collecting details about the accident. Take pictures and videos of your car and any injuries you have, as well as the other car and anything else that contributed to the accident. If you’re uncomfortable getting information from the other driver, you can ask the police to assist you.
Like any car accident, it’s important to take these steps not just because they protect your claim, they also help you get to safety and take care of your health. That said, these steps are easier said than done when there’s a head-on collision.
What Causes Head-on Collisions in Houston?
Houston is an incredibly busy area, particularly at certain times of the day. This is typically a recipe for a car accident, but a head-on collision is a bit different. The term “head-on” refers to a collision where the front ends of two vehicles traveling in opposite directions crash into each other. This narrows down the potential for these types of accidents, but it’s still helpful to look at what causes them most often:
- Distracted driving – When drivers are not fully focused on the road (like texting or adjusting the radio), they might drift into the path of oncoming cars.
- Driving under the influence (DUI) – Alcohol or drugs can slow reaction times and make it hard to stay in the correct lane, leading to crashes with vehicles coming from the opposite direction.
- Attempting to pass – Misjudging when to pass another car can result in entering the oncoming traffic lane, especially on narrow roads.
- Poor visibility – Fog, heavy rain, or bright sunlight can make it difficult to see other cars or road markings, causing unintentional lane drifting into incoming traffic.
- Part failure – If crucial parts like brakes or tires fail, drivers may lose control and veer into the opposite lane.
- Poor conditions – Badly maintained roads, sharp turns, or slippery surfaces can increase the chances of drivers unintentionally crossing into oncoming traffic.
It’s worth repeating that head-on collisions can cause severe injuries, including traumatic brain injuries (TBIs), paralysis, internal organ damage, broken bones, lacerations, facial fractures, whiplash, among others. What’s worse, these injuries can be fatal in some cases. If you’re involved in such an accident in Houston, our experienced car accident lawyers are here to help.
Dedicated Houston Car Accident Lawyers Can Help You After a Head-On Collision
If you’ve been in a head-on collision, don’t hesitate to seek legal help from our dedicated Houston car accident lawyers at The Gutierrez Law Firm. We bring decades of experience handling these cases, securing damages through settlements and jury verdicts for our clients. Contact us today for a free consultation to begin your case.