Accident Victims’ Rights After an Indiana Head-on Collision
Head-on or frontal crashes are one of the most harrowing types of Indiana motor vehicle accidents. Head-on collisions often leave drivers, passengers, and bystanders with serious life-threatening injuries. In addition to the physical injuries, head-on accidents can leave victims with psychological trauma and emotional distress. While physical injuries or psychological trauma alone can impact a person’s livelihood, the combination of the two may require years of healing. In addition, these accidents can leave a fatal victim’s family reeling for answers and justice. A part of this justice often entails the family receiving compensation for the unfathomable loss of their loved one.
The most common head-on collision injuries include:
- Traumatic brain injuries;
- Back damage;
- Broken bones;
- Internal bleeding; and
Although head-on accidents are rare and can occur anywhere, they often occur in locations where there is poor lighting, no traffic dividers, and narrow lanes. However, location alone is rarely the cause of an accident, and driver error almost always plays a part in the accident. Many head-on collisions involve driver error such as:
- Impaired or drunk driving;
- Distracted driving;
- Unsafe lane changes; and
- Road rage
Recently, Indiana news reports described a tragic head-on accident in Wells County. Indiana State Police responded after receiving reports of a serious two-vehicle crash. According to reports, a woman was traveling westbound when she veered off the roadway, over-corrected, and crossed into the centerline. Upon over-correcting, she slammed into an eastbound driver. The County coroner pronounced both drivers dead at the scene of the accident.
Determining liability after a head-on collision is rarely as straightforward as it may appear, and victims bear the burden of proof. An accident attorney can assist claimants in establishing their case and recovering damages. Damages in a head-on accident may include compensation for property damage, medical expenses, lost work and benefits, and other economic and non-economic losses. However, plaintiffs must be aware that they must refute the at-fault party’s defenses in addition to establishing liability. Common defenses may involve blaming an outside factor for the incident or even the victim’s contributory negligence. Refuting claims of contributory negligence is critical in Indiana because the state follows the theory of “modified comparative negligence.” Under this theory, a plaintiff must be less than 51% at-fault for an accident to file a claim or recover damages.
Have You Suffered Injuries in an Indiana Accident
If you or someone you know has been hurt in an Indiana head-on collision, contact Indiana injury attorney Burton A. Padove at Padove Law. Attorney. Padove provides clients with individualized representation ensuring that they recover the compensation that they deserve. The firm handles Indiana accident cases involving negligent drivers, business owners, and medical professionals. Further, the office represents clients in Indiana premises liability claims, nursing home negligence lawsuits, products liability cases, and wrongful death lawsuits. He has secured compensation for clients stemming from their medical expenses, lost wages, property damage and pain and suffering. Contact Padove Law at 877-446-5294 to schedule a free initial consultation with an Indiana accident attorney.