Houma Head-On Collision Lawyer
A head-on collision – or a direct impact to the front of one vehicle by another vehicle – can occur almost anywhere and may result in serious property damages and catastrophic injuries, including death, to the occupants of either vehicle. If you or someone you love has sustained personal injuries and damages as a result of a head-on motor vehicle collision, you may be entitled to monetary compensation under Louisiana law.
Although a head-on motor vehicle collision can occur anywhere, some of the most common locations for these collisions include busy highways, dual-lane country roads, multi-lane traffic intersections, parking lots and parking garages.
A knowledgeable Houma head-on collision lawyer can evaluate the facts and circumstances of your personal injury case, file a claim on your behalf, and potentially settle your case or litigate it through the Louisiana court system. Speak with a qualified car accident attorney that can fight for your rights to compensation.
Liability in Head-On Collision Cases
In order for an injured plaintiff to recover for injuries and damages sustained in a head-on motor vehicle collision, the injured plaintiff and their Houma head-on collision attorney must prove negligence on the part of the at-fault driver.
In most cases, this means that the plaintiff must prove that the at-fault driver violated a rule of the road or drove in a reckless or careless manner – such as by failing to observe lane markings or by negligently crossing the median.
Defining Traumatic Brain Injuries
Head-on collisions oftentimes occur at very high rates of speed. As a result, the injuries and damages sustained can be severe and catastrophic. Common injuries sustained in head-on collision cases include fractures, broken bones, traumatic brain injuries (TBI’s), spinal cord injuries, and soft tissue injuries.
In some cases, injured plaintiffs may be able to recover financial compensation for both their economic and non-economic damages, including compensation for their medical bills, lost wages, pain and suffering, loss of earning capacity, permanency, loss of consortium, and related psychological or psychiatric treatment, among other types of damages.
Filing a Liability Claim
If the injured party files a claim that they were traveling in their lawful lane of travel and a head-on collision occurs in their lane, they are zero percent at fault. The vehicle that traveled into another lane is 100 percent at fault. There is a legal presumption in Houma and in Louisiana that when a vehicle leaves its lawful lane and comes into the lawful lane of the other vehicle head on, they are presumed to be at fault.
If the driver that is traveling in the lawful lane sees or is able to see that the other vehicle is asleep at the wheel or traveling some distance in their lane, they have a duty to attempt to avoid the collision. If they do not, they may be found comparatively at fault. Most head-on collisions are sudden where the ability of the driver who is lawfully in their lane to take evasive maneuvers is limited. Louisiana law recognizes this and the driver in such an emergency with a vehicle suddenly in their lane is not held to a standard of calm reflection in avoiding approaching danger.
What is the Role of Punitive Damages?
The only way punitive damages in Louisiana can be involved is when the operator of the vehicle who came into the lane of the injured party was impaired. The impairment must be from alcohol, excess prescription medication, or illegal narcotics and the intoxication or impairment is a substantial factor in the crash. In that situation, Houma head-on collision law allows exemplary or punitive damages beyond the ordinary motor vehicle crash damages someone is entitled to.
There are often situations where one driver is illegally passing, driving the wrong way on a one-way street, crossing a center line and entering the opposing lane of travel, intoxicated, or impaired. Sometimes people fall asleep while driving.
Importance of Medical Attention
If someone makes a claim for personal injury, they must prove someone was at fault for their injuries; the collision was caused by the fault of the other driver. The person must have medical testimony to prove that the injuries they suffered were caused by the motor vehicle crash. If someone is treated in the emergency room and they never follow up with a healthcare provider, they may have a hard time six months or a year later, proving that their neck pain or headaches are caused by the motor vehicle crash. As Houma head-on collision lawyer knows, proving their claim may require a medical doctor’s expert testimony.
Talk to a Houma Head-On Collision Attorney Today
If you have sustained injuries in a head-on motor vehicle collision that resulted from another driver’s negligence, you may be entitled to monetary compensation under the law. A skilled Houma head-on collision lawyer may be able to negotiate with the at-fault driver’s insurance company on your behalf and obtain a settlement offer on your case.
If the at-fault driver’s insurance company refuses to offer decent settlement money, an experienced attorney may be able to litigate your case and take it to trial. Contact our firm today to get started.