Practice Areas Boca Raton Car Accident Lawyer Head On Collisions

Boca Raton Attorneys Representing People Hurt in Car Accidents

Head-on collisions account for a small percentage of car accidents throughout Florida, but when they happen, they can cause grave and sometimes fatal injuries. Head-on crashes rarely occur without reckless behavior, and people who cause such catastrophic harm should be held accountable. If you were hurt or lost a family member due to a head-on collision, you should meet with an attorney to discuss which claims you may be able to pursue for your losses. At The Grife Law Firm, our Boca Raton car accident lawyers are mindful of the substantial losses caused by devastating car accidents, and if we represent you, we will tirelessly pursue the best legal result possible.

Causes and Consequences of Head-On Collisions

Head-on collisions, as the phrase suggests, occur when two cars driving toward each other collide, with the front of one vehicle striking the front of the other. Head-on crashes typically happen when one person crosses over onto the wrong side of the road, but they can also occur when a driver travels the wrong way down a one-way street or a ramp to or from a highway. A motorist may travel into the opposite lane of traffic to avoid an obstacle or sudden danger. In many instances, though, head-on collisions are caused by drivers veering into the opposite lane due to intoxication, carelessness, or fatigue. Head-on collisions can also occur because a road is not correctly marked. Head-on collisions often cause serious injuries, such as crush fractures, internal bleeding, brain and spinal injuries, and organ damage. Sadly, many people hurt in head-on crashes never recover and die due to their injuries.

Claims Arising Out of a Head-On Crash

Carelessness causes the majority of head-on collisions. Thus, most people who suffer injuries in frontal crashes will assert a negligence claim against one of the drivers involved in the collision. In Florida, a plaintiff must prove each element of negligence to recover damages. First, it must be established that the defendant owed the plaintiff a duty and that the defendant’s acts or omissions constituted a breach of the duty. Usually, the duty owed is the duty to act as a reasonable person would in a similar situation, but in some cases, the duty may be imposed by a statute. The plaintiff must then prove that the defendant’s departure from the duty proximately caused actual harm. This means that the breach must have been a significant element in bringing about the plaintiff’s damages and that they would not have occurred if not for the breach.

People who lost a loved one due to a head-on collision may be able to seek damages as well. The Florida Wrongful Death Act, Florida Statutes 768.16–768.26, grants the personal representative of a deceased person’s estate the right to pursue damages on behalf of the person’s survivors and the estate. Survivors include the person’s spouse, child, and parents, as well as other blood relatives in certain circumstances. The damages recoverable by the estate and survivors vary but may include the loss of the deceased person’s earnings from the date of injury to the date of death, medical and funeral expenses, and the loss of the person’s services and support.

Notably, under Florida Statute 95.11, an action for wrongful death must be pursued within two years of the date of death, while ordinary personal injury claims must be pursued within four years of the date of the accident.