Boston Head-On Collision Lawyer
A head-on collision is a terrifying and dangerous experience. People are often severely injured and their vehicles are totaled after a head-on collision. Victims of these accidents can file personal injury lawsuits against the drivers responsible for their injuries and claim compensation to cover expenses related to the crash. a successful personal injury lawsuit requires proving that the defendant was at fault for the accident, meaning their actions caused the collision. Depending on the nature of the accident, there may be criminal consequences for the defendant. You will also have to communicate with insurance companies about compensation.
The fallout from a head-on collision can be complex and frustrating. Working through a personal injury lawsuit can be very difficult if you have to contend with your insurance provider at the same time. Your situation may be even worse if you are also recovering from painful injuries. You need monetary compensation from the responsible defendant so you can cover your medical bills and make up for time lost from work.
If you were harmed in a head-on vehicle crash, you should consider filing a personal injury lawsuit to claim compensation for your damages. Our Boston head-on collision lawyers are here to help you every step of the way. Call (617) 295-7731 to arrange a free legal consultation at the Law Office of John J. Sheehan.
What to Do After A Head-On Collision in Boston
After a head-on collision, drivers should contact 911 immediately. The dispatcher will be able to send help if anyone requires immediate medical attention. The next step should be to exchange information with other parties to the crash. This information should include names, contact information, and insurance information.
Furthermore, the contact information of any witnesses to the accident should be recorded. Witness testimony may be beneficial to proving fault in a potential lawsuit. Additionally, photos of the crash scene will be helpful in building a case. Lastly, drivers involved in head-on collisions should file a claim with their insurance company immediately. Different insurance companies will have varying deadlines for filing a claim. An experienced, Boston car accident lawyer can help guide a driver through the aftermath of a head-on collision.
What to Avoid After A Head-On Collision in Boston
Boston drivers involved in head-on collisions should avoid apologizing or admitting fault. These statements can be used to prove fault at a future trial. Additionally, if you are contacted by another driver’s insurance company, politely refer them to your Boston car accident lawyer.
Victims of head-on collisions should also not delay treatment. A doctor’s documentation of injuries will be crucial to proving damages in a potential lawsuit. Insurance companies may also use a delay in treatment to cast doubt on a victim’s case.
Boston Head-On Collision Statistics
A head-on collision is a crash involving two vehicles moving directly towards each other, striking front to front. These types of accidents are less common than others. According to crash data collected by the MassDOT Highway Division, head-on collisions account for only 2-3% of crashes in Boston each year. Furthermore, from 2012-2019, there were an average of 119 head-on collisions in Boston each year. During 2020, the number fell to 67. However, head-on collisions still accounted for 2.3% of crashes that year.
Head-on collisions are more likely to produce severe injuries than other types of accidents. Front-impact collisions can be deadly. According to the Insurance Institute for Highway Safety, front-impact collisions accounted for 6,995 deaths in 2019 and 56% of all car accident fatalities. Dealing with the serious ramifications of a head-on collision can be stressful. A Boston car accident lawyer can relieve victims’ stress and guide clients through the difficult process of recovery.
Common Injuries in a Head-On Collision in Boston
As defined by law, a head-on collision occurs when two vehicles collide together with their front-ends impacting one another. One of the more common fact patterns seen in this type of accident is a vehicle merging into a lane going the opposite direction, striking another vehicle head-on. Common locations where these accidents take place are local streets that do not have divided roadways. Often local streets do not have barriers separating one direction of travel from the other, allowing for the possibility of a head-on car crash to occur.
Head-on collisions can occur for any number of reasons. Perhaps the other driver took their eyes off the road for just a few seconds to glance at their phone and then drifted into oncoming traffic. it is also possible that the other driver was intoxicated when they crossed into the opposite lane. Other issues like faulty brakes or tire blow-outs could cause a car to accidentally collide with an oncoming vehicle. Drivers also tend to swerve into traffic when a person or animal suddenly darts into the road.
Head-on collisions can cause severe injuries such as:
- Brain trauma and head injuries
- Chest cavity injuries
- Fractures in the neck as a result of severe whiplash
- Broken limbs
- Lacerations, cuts, and bruising
These injuries could occur even if a driver wears their seatbelt and has functioning airbags. Head-on crashes can happen in a split second, making it difficult for a driver to take any defensive measure in an attempt to get out of the way of an oncoming car. Get help dealing with your accident from our Boston head-on collision attorneys.
How Insurance Works in a Head-On Collision in Boston
Massachusetts applies a no-fault rule when it comes to insurance. This means that your insurance will cover the costs related to your head-on collision up to a certain amount regardless of who is to blame. If your costs are covered by insurance, you might not be able to file a personal injury lawsuit. If all your damages are covered, there is not much left to sue for. However, if your case meets specific criteria, you may continue with a lawsuit in addition to compensation from your insurance provider.
You may sue for damages that are not covered by your insurance. For example, if your insurance coverage is $10,000 short of covering all your medical expenses, you can claim that $10,000 as part of your damages. Additionally, insurance does not often cover damages like pain and suffering, so you may sue for those as well.
According to Mass. Gen. Laws CH. 231 §6D, if you sue for pain and suffering, you must meet certain conditions. Generally, you can sue if the costs related to your injuries are at least $2000. However, you may also sue if your injuries are so serious as to cause death, disfigurement, loss of limb, or loss of hearing or vision.
Our Boston head-on collision lawyers can review your case and determine if you meet the criteria for filing a personal injury lawsuit.
Examples of Damages After A Head-On Collision in Boston
Head-on collisions are extraordinarily dangerous and can lead to immense damages. The pain and suffering resulting from a crash can be hard to overcome. Financial support concerning any of the following costs will relieve stress for the victim.
- Ambulance rides
- Hospitalizations and surgeries
- Doctor visits
- Rehabilitation and therapy
- A wrecked car
- Lost wages and inability to seek new employment
- Emotional trauma
- Punitive damages for grossly negligent behavior
Who is at Fault in a Head-On Collision in Boston?
Following a head-on auto wreck, insurance companies and law enforcement may look at which vehicle involved in the head-on collision had the right of way. Determining who is at fault is necessary for an injured party to recover damages after an accident. Witness statements, police reports, and other types of evidence may be used to establish who was at fault. However, relevant evidence may begin to lose its value over time. It is important to contact a Boston car accident lawyer as soon as possible after an accident to begin building a case.
Factors Used to Assign Fault in a Head-On Collision in Boston
Drivers are required to exercise reasonable care and follow the rules of the road. If a driver’s failure to exercise reasonable care results in an accident, they may be found to be at fault. There are several scenarios where a driver can be found to have lacked reasonable care. For example, if a vehicle merges into oncoming traffic, the vehicle crossing over into the opposite lane does not have the right of way and may be held liable for the crash. Factors which could impact liability in head-on crashes could include:
- Vehicle’s speed
- Driver’s road rage
- Loss of control
- Impaired driving
Our seasoned Boston head-on collision lawyers could help assign fault following an accident. Any information from a subsequent police investigation may be used to demonstrate fault. For example, suppose the police cited the defendant for reckless driving or a DUI after the collision. In that case, we may be able to use that information in your civil action to show the defendant was at fault for the accident. We can also find witnesses who may have seen the accident or even surveillance footage from nearby stores or homes.
“Phantom Drivers” in Boston Head-On Collisions
A “phantom driver” is a driver who caused an accident despite never coming into contact with another vehicle. For example, a phantom driver may begin to stray into another vehicle’s lane, causing the other vehicle to swerve quickly. The other vehicle’s reaction to the phantom driver can potentially cause a head-on collision. In this scenario, blame can be placed on the phantom driver and neither party actually involved in the crash will be at fault.
Unfortunately, it is common for the phantom driver to continue driving off in this situation. Sometimes, the phantom driver is not even aware they caused an accident. These accidents can be treated as hit-and-runs. Proving fault in these cases may be more difficult than an accident without a third party involved. Accordingly, a Boston car accident lawyer can assist in assigning fault to the phantom driver.
Negligence Per Se in Boston Head-On Collisions
In a regular negligence case, it is up to either party to prove negligence on behalf of the other. However, in some situations, drivers are automatically deemed at-fault. If a driver’s violation of a safety statute, regulation, or municipal ordinance causes a head-on collision, that driver will be inherently at-fault. For example, if a driver runs a red light and strikes the front of another vehicle, the driver who ran the light is responsible for the crash. However, these cases are not always straightforward. Proving negligence per se after a head-on collision will be easier with the help of a Boston car accident lawyer.
You Could Be Partially Responsible for Your Head-On Collision in Boston
Car accidents and collisions usually happen very quickly, and it is not always clear who caused the accident. In some cases, both parties bear at least partial responsibility for the collision. For example, one driver may have swerved into the wrong lane, but the other driver made the accident worse because they were speeding.
Massachusetts follows a rule of comparative negligence. Under this rule, your damages will be reduced in proportion to your own fault. So, if you are determined to be 25% responsible for the accident, your damages and the money you can recover will be reduced by 25%. However, if your responsibility exceeds 50%, you are barred from recovering anything.
Many people are so upset about their accident that they do not realize they are partly to blame. Even if you did not cause the accident, your actions might have made the accident worse. If you were speeding when the defendant swerved into your lane, your collision and injuries might be worse, and a court may find you partially to blame for the extent of the damage. Alternatively, if your injuries worsen because you chose to skip medical treatment, the defendant cannot be held responsible for the aggravation of your injuries.
Our Boston head-on collision attorneys will analyze the events surrounding your collision and determine if you share any responsibility. Even if you are partly to blame, we may still be able to help you recover compensation for your injuries.
Should I Seek Medical Attention After a Head-On Collision?
It is strongly recommended for victims to follow up with a doctor following a head-on crash. by seeking medical attention after an accident, victims can ensure they have a full understanding of his or her health and what medical treatment to take-on. Additionally, by seeking medical attention, victims are creating a legal record of his or her injuries. This documentation could be presented as evidence in an injury claim. If a driver fails to follow up with a medical professional, it may become difficult to prove that the driver was injured as a result of the accident.
Criminal Charges Connected to Your Head-On Collision in Boston
You may have more to contend with after a head-on collision than your civil lawsuit. The defendant in your case could also be criminally charged, depending on how the accident happened. For example, common causes of head-on collisions, like DUIs or reckless driving, may also be criminally charged. Similarly, a driver could face criminal charges related to injuring other drivers or passengers in the crash.
If your defendant is also facing criminal charges stemming from the collision, you may find yourself a witness in their criminal trial. The outcome of a criminal trial could impact your civil case. If the defendant pleads guilty to their criminal charges, you may use that against them in your civil case. Our Boston head-on collision attorneys can help you if your civil case becomes complicated with criminal matters.
Wrongful Death From Head-On Collisions in Boston
If a driver was killed in a head-on collision, their loved ones may bring an action for certain damages. These damages include funeral expenses along with the loss of companionship and love. The victim’s family may also recover for the loss of present and future income that the decedent would have earned over their working life. However, the victim’s family only includes the spouse, children, and issue of any deceased children.
Additionally, the victim’s estate can bring a survival claim for pain and suffering if the decedent survived for a time before passing. Further, any medical expenses incurred during this period may also be compensated.
How Our Boston Head-On Collision Attorneys Could Help
If you were the victim of a head-on collision, our Boston personal injury lawyers can help you get compensation for your injuries. Schedule a consultation today about receiving a compensation award for your physical, financial, and emotional injuries. Call (617) 295-7731 to schedule a free legal consultation at the Law Office of John J. Sheehan with our Boston head-on collision lawyers.
