Head-on collisions between two vehicles can result in catastrophic injuries and even death. Survivors of these types of wrecks often suffer life-long injuries that may be extremely costly to treat. At Lusk, Drasites & Tolisano, our experienced car accident lawyers can examine the facts surrounding a crash in Fort Myers or the surrounding communities. We are committed to helping victims pursue the compensation that they deserve for the harm that they have endured.Holding a Careless Driver Liable for Damages
Head-on collisions can take place for a number of reasons, including a car crossing the center lane into oncoming traffic, a car traveling in the wrong direction down a one-way street, or a car entering the highway from the wrong direction. Poor weather conditions, speeding, or swerving may also cause a vehicle to end up in the wrong lane and travel in the wrong direction.
Drivers who cause head-on collisions generally may be held liable for the resulting harm. An injured victim can try to hold the at-fault party responsible by establishing that party’s negligence. In this context, negligence would be considered the failure to exercise reasonable care behind the wheel. Reasonable care is defined as how a prudent individual would drive in the same or similar circumstances. For example, a prudent driver would take any adverse weather and road conditions into account and reduce speed accordingly.
In order to succeed on a negligence claim, the plaintiff must demonstrate the following set of elements:
- The defendant owed the victim a duty to exercise reasonable care;
- The defendant breached the duty of care owed to the victim;
- The defendant’s breach was the direct cause of the head-on collision; and
- The victim incurred actual damages that may be identified with reasonable certainty.
Due to the severe injuries often associated with head-on collisions, victims may have extremely costly long-term medical bills. Additionally, some individuals may be unable to return to work and earn a living to the same extent that they could before the accident. All of these things may be considered when a court is assessing the question of damages. Typically, a victim may be able to pursue medical expenses, rehabilitation costs, therapy costs, lost income and benefits, pain and suffering, and property damage.
If you have tragically lost a loved one in a head-on collision, you may be able to file a wrongful death claim against the at-fault party. These types of lawsuits are more complex, and different types of damages may be available that are based not only on the harm that the victim suffered but also on the relationship of the victim to the family members bringing the claim.Explore Your Options with a Fort Myers Lawyer after a Motor Vehicle Collision
If you have been the victim of a head-on collision and have been seriously hurt by a negligent driver, we can help you determine the viability of your claim. At Lusk, Drasites & Tolisano, our motor vehicle collision attorneys have the knowledge and skill to assist accident victims in Fort Myers as well as Naples and other cities. We are here to help you understand your legal rights and options. We also represent individuals in Port Charlotte, Lehigh Acres, and Sarasota. For more information, do not hesitate to call us toll-free at (800) 283-7442 or contact us through our online form today.