While any type of vehicle-on-vehicle collision can lead to severe injuries and property damage, head-on crashes are typically the most dangerous and devastating kind. In the best-case situations, a victim of a front-end collision may escape with bruises, whiplash, and perhaps a mild concussion, but when they occur at highway speeds these incidents can have tremendous—and sometimes fatal—consequences.
You deserve to recover compensation if you were injured because another driver negligently caused a wreck, but that does not mean you should pursue that compensation without help from a qualified car accident attorney. A Somerville front-end car accident lawyer could support you not only while gathering evidence of liability, but also stand up for your best interests in settlement negotiations and, if necessary, in civil court.
How Liability Is Determined in a Head-On Crash
Almost every civil lawsuit stemming from a car accident is based on a theory of legal negligence. In practice, this means that the injured plaintiff alleges that the defendant owed them a duty of reasonable care, breached that duty by acting recklessly or carelessly, and subsequently caused an accident that directly led to the plaintiff’s injuries.
It may seem reasonable to assume that someone driving in the wrong lane or looking at their phone while driving would naturally be held liable for a head-on collision, but as any experienced attorney can unfortunately confirm, head-on car crash cases in Somerville are rarely that straightforward. There may be a number of extenuating circumstances that a defense attorney could present to a civil court as exculpatory to a defendant—anything from a mechanical failure to a sudden swerve to miss a pedestrian in the road.
However, perhaps the most significant threat to an injured plaintiff’s recovery may be an allegation of comparative fault. According to Massachusetts General Laws Chapter 231 §85, any plaintiff found to be more than 50 percent at fault for their own injuries may be barred from recovering compensation, and any lesser degree of fault may result in a proportional reduction of their final damage award.
Recovering for All Available Damages in Somerville
Notwithstanding any loss of compensation through comparative negligence, a variety of damages can—and usually should—be factored into a lawsuit following a front-end auto accident. In the short term, medical bills for emergency room treatment, car repair costs, and lost wages from missed days at work can form the basis of a strong civil claim.
Given how severely damaging these kinds of wrecks can be, short-term losses should not be the only thing a front-end car accident victim or their Somerville lawyer should take into consideration. If such a crash results in long-term damage such as paralysis, traumatic brain damage, or the loss of a limb, any financial expenditures related to caring for these conditions should be part of a comprehensive settlement demand.
In addition, a lawsuit can pursue compensation for damages that do not have an objective monetary value as well. Loss of enjoyment of life, loss of ability to participate fully in family activities, emotional anguish, and other forms of pain and suffering are not only often included in settlement demands following front-end car wrecks, but sometimes justify a greater amount of compensation than short-term economic damages.
Speak with a Knowledgeable Somerville Front-End Car Accident Attorney
After experiencing a violent head-on collision while driving, you may be hard-pressed to focus on anything but your physical recovery and newfound financial concerns. Fortunately, filing a civil suit for damages does not have to add to your stress if you hire a Somerville front-end car accident lawyer to take the lead on pursuing it. To learn more about what a seasoned attorney could do for you, call today.