Head-On Collisions

Head-on collisions causing personal injury usually occur because of driver negligence. Driver negligence can take many different forms, with which our North County car accident attorneys are familiar, including distracted driving, drowsy driving, aggressive driving, and driving under the influence of alcohol or drugs. Negligent drivers can be found throughout North County San Diego, including the cities of Oceanside, Carlsbad, San Marcos, Escondido, Poway, and Vista. A report from the National Transportation Safety Board (NTSB) suggests that wrong-way driving is most often to blame for head-on collisions. In many highway accidents that involve a head-on collision, alcohol use was frequently a factor in the crash. Yet head-on collisions can happen anywhere. Whether you are driving on Highway 5 or 15 at night, or on El Camino Real during the daytime, another driver’s careless behavior can result in a serious or even fatal head-on collision.

When another driver’s negligent behavior causes a serious head-on crash, the injured victim should be able to hold that driver accountable. Walton Law Firm is an experienced San Diego lawyer, and can discuss your legal options in holding the negligent driver accountable, and pursuing a monetary recovery for your injuries.

A fact sheet from the California Office of Traffic Safety provides some of the following figures:

• There were 19,236 individuals killed and injured in auto accidents in 2014;
• More than 11% of those injuries and fatalities involved a drunk driver;
• More than 4,300 of those crashes were speed-related;
• Nearly 2,000 of those collisions occurred between the hours of 9:00 p.m. and 3:00 a.m.; and
• Some of the most severe accidents in which injuries and fatalities occurred in San Diego County were wrong-way accidents that resulted in head-on accidents.

The NTSB report explains that head-on collisions frequently occur as a result of wrong-way driving on highways. Wrong-way driving on the I-15, the I-5, and SR-78 often involves vehicles that are traveling at high speeds, and as such, head-on crashes tend to be very severe. As the NTSB report clarifies, although head-on collisions account for only a small percentage of all car accidents that occur in California and across the country, “they are much more likely to result in fatal and serious injuries than are other types of highway accidents.” The fatality rate for head-on collisions resulting from wrong-way driving on highways has been found to be “27 times that of other types of accidents.”

Under California law, plaintiffs injured in head-on accidents have two years from the date of the accident to file a claim for compensation. This is known as the statute of limitations. If you fail to file your claim or a lawsuit within this two-year period, you can lose your right to file a personal injury lawsuit. That said, it is usually best to consult with a head-on collision lawyer as close to the date of the accident as possible, to preserve the available evidence and obtain statements from the known witnesses.

Given that head-on collisions often are fatal, it is important for family members to understand how the statute of limitations works for wrongful death claims. Generally speaking, family members who wish to file a wrongful death claim after a loved one dies in a head-on collision have two years from the date of the individual’s death to file a lawsuit.

If you were seriously injured in a head-on collision in North County, or if you recently lost a loved one as a result of a deadly highway crash, an experienced car accident lawyer can assist with your case. Contact the Walton Law Firm for a free and confidential consultation.