Head-on Collision Accident Lawyer in Fort Lauderdale

According to the National Highway Traffic Safety Administration, in 2014, only 2.3 percent of all crashes in the United States were head-on collisions. However, out of these 141,000 accidents, nearly 3,000 accidents were fatal. Injured victims or surviving family members may be eligible to recover compensation. A Fort Lauderdale head-on collision accident and injury lawyer can help.

The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. represent motorists (or family members of motorists) who have been seriously injured in head-on collisions and help them recover the compensation they deserve. Let them be your path to justice. Call today: 954-524-2820.

What are common causes of head-on collisions?

Head-on collisions occur when two vehicles moving in opposite directions crash into each other. The impact of these collisions is often devastating.

Many of these accidents are the result of negligent drivers who lose control of their vehicles, drive the wrong way down a one-way road, or drift into incoming traffic. Common factors leading to these accidents include:

  • Speeding
  • Distracted driving
  • Failure to obey traffic signs
  • Reckless driving
  • Drunk driving

What makes head-on collisions so dangerous?

Head-on collisions are even more dangerous than other types of accidents. This is because while other accidents might cause a concussion or maybe a bruised kneecap, a head-on collision stops your car in its tracks and can lead to any of the following:

  • Traumatic brain injuries
  • Neck and back trauma
  • Contusions
  • Whiplash
  • Internal injuries
  • Lacerations
  • Broken bones
  • Death

These injuries can lead to a lifetime of health issues, such as chronic pain, cognitive difficulties, and paralysis.

What insurance covers me after a head-on collision?

Under Florida’s no-fault insurance laws, all drivers must carry $10,000 in personal injury protection (PIP) benefits. These benefits will cover you and your passengers after an accident, regardless of fault.

PIP covers 80 percent of all reasonable medical expenses, 60 percent of loss of gross income and loss of earning capacity, and all expenses incurred from household services that the injured person would have performed had the accident not occurred. Lastly, if the accident victim dies, the family can recover $5,000 in death benefits.

What if my PIP coverage is not enough?

After a serious accident such as a head-on collision, injuries can easily surpass $10,000. If your damages exceed your PIP coverage and your accident was the other driver’s fault, you can sue that driver for compensation.

It is important to note that you will only be eligible to recover economic damages unless you suffered a permanent injury. According to Fla. Stat. § 627.737(2), permanent injury may involve one or more of the following:

  • “Significant and permanent loss of an important bodily function
  • Significant and permanent scarring or disfigurement
  • Permanent injury within a reasonable degree of medical probability
  • Death”

How can I file a lawsuit after a head-on-collision?

If you are able to prove your expenses exceed $10,000 and/or you suffered a permanent injury, you are eligible to file a lawsuit and recover compensation for both economic and noneconomic damages.

However, as with any personal injury lawsuit, proving fault is the key to liability. If you can prove that the other driver caused the accident and that the accident caused your injuries, you may be able to recover compensation for all of your expenses.

Establishing a case against the negligent driver will involve proving four main elements:

  • Duty: The other driver had a duty to drive safely and keep you from suffering undue harm.
  • Breach: The other driver breached that duty (e.g., ran a red light, veered into your lane, etc.)
  • Causation: The other driver’s negligent behavior was the direct cause of your injuries (i.e., you would not have suffered a TBI if the other driver had not been driving the wrong way)
  • Damages: You sustained actual damages (e.g., medical bills, lost wages, etc.)

What evidence do I need to prove the other driver was negligent?

To establish the four elements above, you will need to provide evidence, such as:

  • Photos of the accident scene and your injuries, if you are physically able to take pictures
  • Police report
  • Eyewitness testimony (If you were physically unable to talk to any witnesses at the scene, the police report will likely have their statements and contact information.)
  • Video
  • Medical records
  • Medical bills
  • Paystubs or W-2s to prove lost wages
  • Expert testimony (can show how your injury will affect you long-term)
  • Pain journal (to document how your injury affects your daily life)

Collecting evidence while you are attempting to recover from injuries or dealing with the loss of a loved one can be close to impossible. A Fort Lauderdale head-on collision accident attorney can help.

How long do I have to file a claim?

In Florida, you have four years from the date of your head-on collision to file a lawsuit against the other driver. Failure to file your suit on time will bar you from recovering damages. That is why it is so important to seek legal representation as soon after the accident as possible.

Where can I get help filing a lawsuit?

Many people involved in head-on collisions suffer severe injuries and must undergo months of hospital visits, treatments, surgeries, and rehabilitation. In addition to racking up thousands of dollars in medical bills, many accident victims are unable to return to work for a long time after the collision. If you are a major earner in your household, this could leave your family destitute.

Filing a claim with your insurance company and filing a lawsuit against those responsible for your accident may be the best way for you to get back on your feet financially.

We want to help. If you or your loved one was injured in a head-on collision in the Fort Lauderdale area, contact the attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. for a free consultation: (954) 524-2820.