Maison Law supports victims of head-on collisions in San Luis Obispo. If you or a loved one has been blamed for a head-on collision you didn’t cause, it can decrease your chances of getting insurance compensation if you are injured. Call Maison Law today for a free consultation and case evaluation to discover what options are available to you.
Contact us today for a free consultation and case evaluation.
How to Determine Fault and Damages in a Head-On Collision
California is a pure comparative fault state. This means that a percentage of fault is assigned to the parties involved in an accident. For example, say two drivers get into a head-on collision on their way to Bishop’s Peak. Fault will have to be determined by a judge or jury. The following actions can assign fault to a driver:
- Driving at high speeds, swerving, or violating traffic laws
- Driving while distracted, texting, or taking their eyes off the road
- Drunk driving
- Driving a vehicle that is unsafe for the road
- Making an illegal U-turn
- Driving the wrong way
- Crossing the center line of a two-lane road
While rear-end collisions are the most common, head-on collisions are the most deadly because they usually involve high speeds and drunk driving. Here are the most common injuries from head-on collisions:
- Brain injuries – concussions or eternal bleeding
- Spinal cord – temporary or permanent loss of bodily movement
- Whiplash – distortion of the neck from a sudden impact
- Broken bones – fractures or complete breaks, which require surgery to repair
- Skull fracture – usually occurs as a result of blunt force trauma
Can You Recover Damages if You Were at Fault in a Head-On Collision?
Yes, in the state of California, you are entitled to collect damages even if you were at fault because of comparative fault. Blame can be assigned to both parties.
For example, let’s say John lost track of time at Avila Valley Barn and is in a hurry to get home, so he’s driving slightly over the speed limit down Avila Beach Dr. Just up ahead is Dave who makes an illegal U-turn onto Avila Beach Drive, causing John to hit him. John is saved by his airbag and suffers no injuries. Dave, however, suffers a concussion. The injury costs him $4,000 in medical expenses.
Dave finds a lawyer and files a lawsuit against John for his injuries. They got to trial and a judge found that John was at fault for speeding, but also found that Dave was 25% at fault for his illegal U-turn. In this situation, Dave can only claim 75% of the awarded damages because 25% of the fault was assigned to him for the accident.
How Much Compensation Do You Receive for a Head-On Collision?
With accidents containing so many details, a specific amount of compensation is tough to determine. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
Head-on collisions tend to be more severe, which means payouts are typically higher, however nothing is guaranteed. Your best course of action to recover damages from a head-on collision is to speak with an experienced head-on collision attorney. At Maison Law, we understand the severity of head-on collisions and the toll it takes on those who have suffered life-altering injuries. If you or a loved one has been injured in a head-on collision, contact us today for a risk-free consultation and case evaluation.
Frequently Asked Questions
Q: How long does it take to settle a car accident claim in California?
A: Depends on the complexity of the case. Simple cases can sometimes take months, but the more complicated the case, the longer it takes to settle.
Q: How are personal injury settlements paid out in California?
A: They are typically paid out by the at-fault party’s insurance.
Q: How long after an accident can you sue someone in California?
A: 2 years from the day of the accident is the statute of limitations for filing a lawsuit in California. If you did not know you were injured, you have one year from the day you discovered your injury.
Contact a Head-On Collision Lawyer in San Luis Obispo
If you or a loved one were harmed in a head-on collision, contact us at Maison Law to speak to one of our experienced personal injury attorneys. We serve to stand up for the accident victims of San Luis Obispo and represent those harmed by reckless drivers. Contact us at Maison Law for a free, no-risk case consultation. No upfront money is necessary. We don’t get paid unless we win your case for you.
