Buffalo, NY Head-On Collision Lawyer
Head-on collisions are among the most aggressive and dangerous types of motor vehicle accidents. Given the point of impact, the injuries are often significant and even deadly. As a result, the medical bills can be substantial, piling up while you are recovering and unable to work. If you suffered an injury during a head-on collision through no fault of your own, you deserve the opportunity to collect compensation for your losses and get your life back on track as quickly as possible. A head-on collision lawyer in Buffalo, New York, could be a significant asset to your case.
What Are the Most Common Causes of a Head-On Collision?
Head-on collisions are not as common as other types of auto accidents. The reason is that it requires a great deal of human error to end up in a head-on crash. For example, some of the most common causes of head-on collisions include:
- Driving while intoxicated or under the influence of drugs. Drugs and alcohol severely impair cognitive ability and disturb motor function. As a result, someone heavily influenced by drugs or alcohol may drive in the wrong direction on the road, fall asleep at the wheel, miss vital road signs or signals, or veer off the road and into another lane.
- Driving while distracted. Distracted driving is a common cause of many types of auto accidents. Any time you remove your attention from the road, you risk causing an accident. Forms of distracted driving include talking or texting on a cellphone, looking at applications or emails on a cellphone, eating or drinking, doing your makeup, adjusting the radio, searching for something in the car, or even daydreaming. Cognitive distractions are just as dangerous because, although you may look at the road, you are not consciously aware of what is happening around you.
- Speeding around a curve. Driving around curves requires a decrease in speed for a reason. You cannot effectively and safely remain in your lane while speeding around a bend. Additionally, veering into the other lane risks colliding head-on with another vehicle you cannot see.
- Improper passes. Impatient drivers may attempt to pass another vehicle on a road where visibility is minimum. Ignoring the double lines indicating that it is illegal to pass automatically makes a person liable for the accident.
Liability is a crucial component of a car accident lawsuit. As the plaintiff, you must present the evidence to support your claim of the other driver’s liability.
What Are Some Common Injuries Caused by a Head-On Collision?
Injuries from head-on collisions are typically more substantial than other points of impact. Some common examples include:
- Traumatic brain injuries. Concussion, hemorrhage, intracranial contusions, and skull penetrating injuries can all lead to permanent brain damage or even death.
- Back and spinal cord injuries. Given the force and placement of impact in a head-on collision, damage to the muscles and vertebrae in the back is common. In addition, spinal cord injuries can cause permanent nerve damage.
- Neck injuries. Whiplash is one of the most common neck injuries. It occurs when the forceful movement of the head in a back and forth motion tears the soft tissue of the neck. Depending on the severity of the injury, whiplash can cause pain and discomfort for years or even a lifetime.
- Broken bones. Broken or fractured bones can occur anywhere on the body during a car accident. In a head-on collision, you may suffer multiple bone fractures and breaks at once.
- Chemical and thermal burns. When two cars collide from the front, the liquids and mechanical parts can enter the inside of the vehicle and cause chemical or thermal burns when coming into contact with skin.
You can expect bruises and lacerations of varying degrees in addition to any of these injuries as well. The healing process is often long and may require ongoing, long-term treatments and rehabilitation.
What Laws Could Affect Your Case in New York?
In New York, two laws affect car accident lawsuits. These can significantly impact your ability to collect compensation. One is the statute of limitations, and the other is the comparative negligence rule.
Statute of Limitations
A statute of limitations tells you exactly how much time you have from your accident to file a lawsuit and claim compensation. In New York, you have three years to file a personal injury claim and two years to file a wrongful death case. If you miss the deadline, you cannot file and must battle the insurance company without the court’s help. A car accident attorney can ensure you meet the requirements and file all the paperwork on time.
The Comparative Negligence Rule
Liability in a head-on collision is not always clear. A common argument from the defense is shared responsibility. The defense may try to prove that you contributed to the accident at least in part and are responsible for a portion of the damages. However, the rule of comparative negligence states that the plaintiff can still receive compensation for their losses after their pre-determined percentage of fault is deducted.
In New York, the pure comparative negligence rule would apply to your case if you bear any responsibility for the accident. Pure comparative negligence states that your eligibility for compensation remains unaffected as long as you are not 100% at fault. For example, if you are 95% responsible, you still receive 5% of the total value of damages.
Why Might You Need a Head-On Collision Lawyer in Buffalo, New York?
Considering the common injuries associated with head-on collisions, you could face a difficult and long road to recovery ahead. The last thing you should have to think about is how you will pay your medical bills while you cannot work, and you certainly should not have to face a car accident lawsuit while you try to focus on healing. Car accidents are the most common cases presented to personal injury attorneys. They deal with the legal process regularly and can navigate it with ease. Additionally, they have access to experts to help you build a strong case and will handle all the paperwork.
One of the greatest benefits of hiring legal representation is that they handle negotiations with the insurance agent. Insurance companies prioritize the company’s best interest above all else, and it is in their best interest to avoid paying out a large settlement. As a result, they will likely argue that you contributed to the accident or are entirely to blame. They may also resort to bad faith tactics, such as denying your claim without reason, avoiding talking to you or investigating your claim, or even acting aggressively with accusatory language. A car accident attorney will handle all those communications so you can focus on getting your life back without the added stress.
The personal injury lawyers at Cellino Law in Buffalo, New York, have years of experience dealing with insurance companies and fighting for our client’s right to compensation. We dedicate our time to ensuring your receive fast funds to take care of yourself, your family, and your medical needs. You can speak with an attorney in our office for a risk-free assessment of your case and rest easy knowing that we only get paid if you get paid. Contact Cellino Law today to schedule your consultation and start the journey to full recovery.
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