Head-on car accidents are considered the most dangerous type of car accident, as studies suggest that while head-on collisions are only 2% of all car accidents, they account for 10% of all driving fatalities.
In Mississippi in 2015, car accident deaths cost $881 million, with the greatest impacted group being young adults aged 20 to 34. Despite efforts in transportation laws trying to make roadways safer, these tragic car accidents still occur.
At Giddens Law Firm, our head on collisions accident lawyers work hard to defend and protect the victims and their families who have been involved in a head-on car accident in Jackson, Mississippi.
What Is a Head-on Car Accident? Our Head-On Collision Accident Lawyers Explain:
A head-on collision, also known as a frontal crash, occurs when cars are driving in opposite directions and crash into one another, front-to-front.
According to The Insurance Institute for Highway Safety, in 2019, frontal impacts accounted for 57% of passenger vehicle deaths. Head-on car accidents often occur because of a driver mistakenly driving on the wrong side of the road, or can be a result of drunk driving, distracted driving, or mechanical failure in the vehicle itself.
Other causes of head-on car accidents include:
- Driver fatigue
- Failing to account for poor weather conditions and low visibility
- Not overtaking the vehicle appropriately
- Ignoring traffic signs and signals
What Are the Most Common Injuries Following a Head-On Car Accident?
While head-on collisions often result in a fatality, in the case where it does not result in death, serious injury is likely to occur. Common injuries following a head-on car accident include:
- Cracked ribs
- Head, neck, and spinal cord injuries
- Whiplash and concussions
- Nerve damage
- Burn injuries
- Organ damage
Often drivers involved in head-on collisions may experience post-traumatic stress disorders (PTSD). Common symptoms of PTSD include:
- Reliving the accident
- Severe anxiety and depression
- Difficulty sleeping
- Inability to concentrate
- Forgetting details of the accident
- Avoiding places and activities that remind the driver of the accident
Unfortunately, those who survive head-on collisions are left with life-long injuries that can be emotionally, physically, and financially draining on the victim.
How Is Fault Established in Head-On Car Accidents?
Mississippi is a “fault” car accident state which means that the person who is at fault for a car accident is responsible for the damages incurred from the collision. In general, this means the at-fault driver’s insurance will cover losses up to policy limitations.
Establishing fault in a car accident can be incredibly complex, as the impact can cause the cars to land in completely different directions, with parts of the vehicle being destroyed.
To establish fault in a head-on car accident, it is best to have a head on collisions accident lawyer on your side who can bring in an accident reconstruction specialist to recreate the accident to determine who is at fault. In addition to the wreckage left behind, the specialist may also be able to look at the skid marks on the ground as potential evidence.
In general though, to establish negligence in a head-on collision, you must show:
- The driver owed a duty of care to other drivers
- There was a breach of the duty
- Someone suffered injuries as a result
- The driver caused the accident causing the breach and the injuries
Injury is not just physical harm to the driver, it can include harm to property.
In the case of being involved in a head-on collision with a drunk, a distracted or fatigued driver is often enough to establish a breach in duty of care to other drivers.
What Compensation Can I Recover in a Head-on Collision?
To recover compensation following a head-on car accident, you will need to act in one of three ways:
- By filing a claim with your insurance company
- By filing a third-party claim with the at-fault driver’s insurance
- By filing a personal injury lawsuit against the at-fault driver
In Mississippi, drivers are required to carry auto insurance under House Bill 621, which established a compulsory automobile liability insurance system. Under the law, drivers must have minimum insurance coverage as follows:
- $25,000 per person (limited to a single accident)
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Drivers can satisfy their requirements if involved in an accident by:
- Providing proof of insurance
- Posting bonds at the same amounts
- Making a cash or security deposit equal to these amounts
If a driver is involved in a collision without insurance, they can be convicted of a misdemeanor, receive a fine, and have their driver’s license suspended for a period of time. As the victim, if the driver does not have insurance, this means you will have to utilize your own insurance to cover your costs. In many cases, if you have uninsured motorist coverage, this will cover those damages.
What to Do If You Are Not At-Fault
If you are involved in a frontal impact with another driver and are not at fault, you may be entitled to compensation for:
- Past and future medical bills
- Lost wages and diminished earning capacity
- Property damage
- On-going medical treatment such as in-home care, rehabilitation, etc.
- pain and suffering
- Wrongful death
In the case of wrongful death, it is important to know that only close family members and dependents of the deceased can recover losses for wrongful death. Damages that may be recovered in wrongful death lawsuits include funeral and burial expenses, and loss of consortium.
What Is the Statute of Limitations on Head-On Collisions?
If you are involved in a head-on collision or any other form of car wreck in Mississippi, you have three years from the date of the accident to file a car accident claim. While this may seem like a long time, it is more beneficial to file a claim soon after the accident to keep as much evidence intact.
If a head-on accident results in wrongful death, you have three years from the date of the death to file a claim.
Do You Need a Head On Collisions Accident Lawyer? Call Giddens Law Firm
Head-on car accidents are so horrific to all parties involved and often end in fatality. Even if the drivers survive, they are left with a lifetime of pain, suffering, and financial instability. But this doesn’t mean all hope is lost.
If you lost a family member in a head-on car accident or you got hurt in a car wreck in Jackson, Mississippi, our car head on collisions accident lawyers can help. Our attorneys can help you navigate your rights while you focus on recovery. Further, we will help you pursue damages on your behalf, or on your families to ensure you get the compensation you deserve.
At the Giddens Law Firm, the initial consultation is always free. In addition, we will work on a contingency fee basis meaning we only get paid for our legal services after your case is settled. And, if your case is unsuccessful and you do not get the compensation you deserve following a car accident, there is no fee.
To find out how a Jackson car accident attorney can help you with your car accident claim, call the car accident lawyers at Giddens Law Firm, P.A., at (601) 355-2022 or complete our online contact form.