What Do I Do if in a Head-On Collision?

We are the Kansas car accident injury attorneys for you

Any car accident can cause serious injuries, but if you’ve been hit head-on, the likelihood of even more severe injuries is much larger. With the combined forces of two vehicles hitting each other, head-on wrecks cause devastating injuries. These collisions commonly cause permanent disability, long term absences from work, large medical expenses and, even worse, cause loss of life  (wrongful death).

Insurance companies will still fight hard to pay you as little as possible. That’s why you need an experienced car accident injury lawyer. Get the experience, resources, and reputation of an injury lawyer to level the playing field with PISTOTNIK LAW on your side.

We’ll Maximize The Value Of Your Injury or Death Claims Resulting From a Head-On Collision

When two cars collide head-on, one of the drivers was negligent, or the collision would not have occurred. The most common causes of head-on collisions are drunk driving and driving while fatigued (falling asleep at the wheel), both of which result from that driver’s negligence in operating a vehicle. It’s also possible for a texting driver or distracted driver to drift into the oncoming lane, or for a speeding or reckless driver to lose control of their vehicle and hit someone else head-on. Head-on collisions can be caused by mechanical issues, such as problems with steering or brakes.

Liability for a head-on wreck should be clear: the person who was going the wrong way is at fault for the accident. Unfortunately, the evidence is not always clear. Witnesses may disagree, and the physical evidence or driver’s stories may tell an unclear story. The insurance company will take sides with their insured driver to try and keep from paying you a fair value for your damages.

To protect yourself, you need an experienced injury lawyer to conduct a full investigation as soon as possible. We analyze police reports, review physical evidence, and take the time and expense to get to the bottom of your head-on collision. We are skilled at interviewing witnesses and cross-referencing their stories to piece together what happened. We also have resources to consult with accident reconstruction experts who can provide expert opinions to prove the other driver’s fault.

Negligence in Head-On Collisions

Kansas rules of the road come into play when a head-on wreck occurs.  Our laws require that:  “A driver on a  public highway must use reasonable care to keep the vehicle under control.”  Pattern Instruction of Kansas 121.02.  A vehicle is not under control and the driver is not using reasonable care if they are drunk, texting, distracted, or even if they are speeding.

Another  important duty for drivers is to keep a proper lookout.  Our laws require:  “A driver on a public highway must keep a proper lookout for other vehicles and objects in his/her line of vision that may affect his/her use of the highway.”  Pattern Instruction of Kansas 121.03.  When passing on a highway, or when turning from a highway, you are negligent if you don’t keep a lookout for oncoming traffic.

Speeding can come into play for head-on wrecks:  “The laws of Kansas provide that no person shall drive a vehicle at a speed greater than is reasonable under the conditions and hazards then existing.”  Pattern Instructions of Kansas 121.13.  There are separate laws to not travel over the speed limit and to drive at a reduced speed when special hazards exist with respect to other vehicles, including weather related conditions. If a driver is exceeding the speed limit or traveling too fast for weather conditions, or even traveling too fast while passing based on the hazards of other oncoming vehicles, the speed affects the driver’s ability to maintain control of the vehicle and the ability to slow the vehicle to avoid a head-on wreck.

Another basic simple rule is that:  “Drivers of vehicles proceeding in opposite directions shall pass each other to the right.”  Pattern Instruction of Kansas 121.18.  Clearly passing an oncoming vehicle on the left  would be inappropriate under any circumstance.  Many head-on collisions occur when a driver is attempting to pass another vehicle going the same direction by crossing the center line of a two lane highway.  The Kansas law for this situation is:  “No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.”  Pattern Instruction of Kansas 121.19.  It is common for negligent drivers, that appear to be in some kind of hurry, to try to pass other vehicles when there isn’t enough distance to safely pass.  The end result can be a head-on collision. 

Damages in Head-On Collision Cases

When two cars collide head-on, a tremendous amount of force is transferred between them, and this includes physical forces to the bodies of the people inside. The body keeps moving forward until it hits something – whether that’s a seatbelt, airbag, or the car’s interior. The extreme physical force of a head-on crash can cause traumatic injuries like broken bones, internal organ injuries, severe lacerations, traumatic brain injuries and spinal cord injuries.

These types of injuries require more than just medical treatment. They affect your life, including your ability to work, your ability to financially support and care for your family, and your ability to live your normal life. We will pursue the full amount of damages (financial compensation) you need to be made whole again. Your financial damages include:

• Medical expenses, both past and future.
• Lost wages and lost future income.
• Pain and suffering,  and associated mental anguish.
• Loss of consortium (loss of intimacy and care with your spouse)
• Loss of quality and enjoyment of life.  These noneconomic losses can include disability and disfigurement, inconvenience, loss of time, etc.
• Property damage.

In some head-on wrecks, we can also pursue punitive damages, which are intended to punish particularly egregious and reckless conduct. A head-on collision can be the result of extremely reckless driving, cell phone use, and driving under the influence of alcohol or drugs. One problem with pursuing punitive damages is that these are not normally covered by liability insurance coverage in Kansas.

It’s common for head-on collision cases to be worth hundreds of thousands or even millions of dollars. The only way to know the value of your claim is to talk to an experienced injury attorney who can investigate legal liability against the negligent party and investigate all of your damages. That’s why you need to schedule your free consultation with us as soon as possible.

We Know How To Protect You From the Insurance Companies

When an insurance company sees “head-on collision” on a claim form, the claim gets elevated to the most experienced insurance adjusters who have training to try and limit the value of your claim. These adjusters are the kindest and friendliest people, but their true motives are to limit the valule of your case. They know head-on wrecks tend to cause severe injuries, and severe injuries mean big claims. Their job is to pay as little as possible.  You can count on Pistotnik law to level the playing field.

We have a proven track record of taking on the insurance companies in injury car accident cases, and they know to take us seriously. We know Kansas law, we know the courts, and we know how to maximize your case value. We know what needs to be done to get you a fair settlement. If they do not cooperate, it may be necessary to file a lawsuit or take your case before a jury. No matter what happens, we’re with you every step of the way, keeping you informed about what’s coming next.

It is important to get legal advice about your injury claims soon after the wreck as our advice can lead you down a path that improves your injuries and your case value.. In Kansas, you usually have two years from the date of the accident to take legal action, but that can vary. If you were hit head-on, get an attorney with experience, resources, and a history of getting strong results with the insurance company. Contact us today to discuss your case with an experienced Wichita head-on collision injury attorney.