Head-on Car Accident Attorney in New York

The injuries sustained from a head-on car collision can be life-altering, but if someone else caused the accident, you could be entitled to financial compensation for its consequences. This compensation can cover the impact the accident had on your future income-earning capacity and the pain and suffering you’ve endured.

Scott C. Gottlieb, Injury Law Attorney can pursue this compensation on your behalf while you focus on healing and spending time with your loved ones. Further, we won’t charge you a fee unless we win your case. Contact us today to speak with a head-on car crash attorney in New York for your free, no-obligation consultation and discover what we can do for you.

Contributing Factors to Head-On Collisions

A head-on collision is a unique type of car accident that happens when the front end of one vehicle crashes into the front end of another vehicle. These crashes often happen when one driver is traveling in the opposite direction of traffic. A head-on car accident can happen by accident, through negligent driving, or when an initial crash pushes a car into oncoming traffic, causing a secondary head-on collision.

Some of the most common factors that contribute to these serious collisions include:

• Driving while distracted
• Driving under the influence of alcohol or drugs
• Drowsy or fatigued driving
• Missing or avoiding posted signs
• Recklessly passing or switching lanes
• Running red lights or stop signs
• Momentum from an initial accident causing a secondary accident

Poor weather conditions and visibility can also play a role in head-on collisions. Drivers need to exercise extreme caution in these situations and drive only when absolutely necessary and with extra care.

What to Do After a Head-On Collision

All car accidents can be frightening, but head-on collisions can be particularly so. Keeping a level head at the moment can be difficult, but taking the following steps can protect your health, your future, and your ability to recover compensation:

• Call for help immediately —Head-on collisions can be violent events that cause serious injuries. Call the authorities and request medical help immediately.
• Exchange information —Exchange information with the other driver. Do not talk about the accident itself or apologize. Keep things civil and get the information you need to file a claim.
• Document the crash —Try to collect as much information at the scene as possible. If you can, take pictures of the vehicles, damage, skid marks, debris, and your injuries. Make notes about how the accident happened and what you noticed before the crash. Do this now while things are fresh in your mind.
• Seek medical attention —If you do not leave the scene in an ambulance, be sure to seek medical attention as soon as possible after the crash. Injuries can seem minor at first and worsen as the adrenaline wears off. Medical documentation can also connect your injuries to the collision.
• Contact an experienced attorney —Get in touch with an experienced Binghamton NY car accident attorney as soon as possible. An attorney can review your case, investigate the accident, and determine whether you can file a third-party claim.
• Follow through with all treatment plans —After you have received initial treatment for your injuries, be sure to keep all follow-up appointments. Stick to your doctor’s treatment plan.
• Stay off social media —Resist the temptation to talk about the incident on social media. No matter how innocent your comments may seem, they could potentially be used against you by an insurance company eager to diminish your compensation.
• Keep all receipts —Be sure to keep copies of all your medical bills, car repair receipts, financial documents, and any other information related to your post-accident expenses. Collectively, they can prove the full extent of the economic losses you have incurred because of the accident.

Determining Fault in a Binghamton Head-on Car Crash 

Establishing fault for a head-on collision can be vital. Liability for an accident generally rests on whether the driver was acting negligently when the accident occurred. All drivers have a duty of care when they get behind the wheel, which means they must operate their vehicles safely and follow all rules of the road. Drivers are negligent when they fail in this duty of care. Examples of negligent driving behavior include speeding, drinking while driving, and distracted driving.

New York follows a no-fault insurance system, in which motorists turn to their own insurance providers for compensation following an accident. However, when motorists suffer a state-designated “serious injury,” they become eligible to file a third-party insurance claim or lawsuit against the at-fault driver whose actions caused the collision.

New York’s serious injury threshold includes:

• Broken bones
• Disfigurement
• Permanent limitation of an organ or body member
• Significant limitation of a body system or function
• Substantial full disability lasting at least 90 days
• Death
• Loss of a Fetus

Proving fault for an accident requires evidence that establishes the other driver’s negligence.

Some forms of evidence that can help establish fault for a head-on collision include:

• Police reports
• Cell phone records
• Medical documentation
• Video surveillance footage

An experienced Binghamton car crash attorney can attempt to recover this valuable evidence before it becomes lost or destroyed.

Insurance Requirements and Limitations for Head-On Collision Car Accidents

Because it follows a no-fault insurance regime, New York lays out minimum insurance requirements that all state-licensed drivers must carry. These minimums are:

• $10,000 of property damage coverage
• $25,000 for bodily injury and $50,000 for the death of individuals involved in an accident
• $50,000 for bodily injury and $100,000 for the death of two or more individuals in an accident

The coverage must be issued by an insurer licensed in the state of New York.

There also may be additional coverage through your own auto insurance carrier, VIA which is commonly called underinsurance coverage. 

Damages from Head-On Collisions

While head-on collisions are not the most common type of vehicle crash, they can be among the most severe. The Insurance Institute for Highway Safety (IIHS) reports that 57% of crash fatalities were attributed to frontal impacts in one recent year. Survivors of head-on collisions may suffer debilitating injuries and significant emotional distress, which can take a significant financial toll.

If you were seriously injured in a head-on collision that was caused by someone else, you could be entitled to financial compensation from the at-fault driver, which may include payment for:

• Medical expenses
• Lost income
• Loss of earning capacity
• Loss of ability to enjoy life
• Emotional distress
• Pain and suffering

The total value of a head-on car collision claim can vary depending on the circumstances of the accident and the severity of the victim’s injuries. An attorney can determine the full and fair value of a given accident claim.

How a Binghamton, NY Head-on Collision Lawyer Can Help 

Scott C. Gottlieb, Injury Law Attorney, has dedicated his career to helping accident victims get the money and the justice they deserve after they’ve been seriously injured through no fault of their own. He is prepared to investigate your case, calculate the total losses you have suffered, and fight aggressively to see that you are compensated for them. We do it all for you when we take on your claim. Contact him today for a free initial consultation with a Binghamton car accident lawyer and find out how he can help.

FAQs

The following are answers to some of our most frequently asked questions about head-on car crashes.

How Does New York’s Comparative Negligence Rule Affect My Head-On Collision Claim?

New York follows a modified comparative negligence rule in personal injury claims specifically related to motor vehicle claims, including head-on car collisions. Under this law, the trial court hearing your case may assign you a percentage of fault if it believes that your actions contributed to the crash. Any compensation you recover is reduced in proportion to your percentage of fault.

Fortunately, you can still recover compensation as long as the other driver was mostly at fault for the accident. However, any percentage of fault reduces the compensation you recover. As an example, if you’re determined to be 20 percent at fault and your case is worth $100,000, the most you could recover is $80,000.

An experienced head-on car crash attorney knows how to present compelling evidence and arguments to reduce fault and maximize compensation.

How Long Do I Have to File a Lawsuit After a Head-On Car Accident in New York?

New York’s statute of limitations on personal injury claims gives you three years from the date of the head-on accident to file a lawsuit against the people who caused it. A court will likely dismiss your claim as untimely if you miss this deadline, no matter how strong your case would otherwise be.

While certain things can extend or shorten this deadline, the best way to protect your right to compensation for injuries sustained from a head-on collision is to contact an experienced lawyer as soon as possible.

Can I Still Recover Compensation if the At-Fault Driver Was Uninsured or Underinsured?

Yes, you can still recover compensation if the driver who hit you head-on is uninsured or underinsured. Uninsured motorist coverage is mandatory in New York, which means that you already have it on your policy. This coverage kicks in if the at-fault driver either doesn’t have insurance or flees the scene and cannot be located.

Underinsured motorist coverage (UIM) applies if the other driver’s liability insurance is insufficient to cover the full cost of your injuries, but only if your UIM coverage exceeds that of the at-fault driver’s liability coverage. For example, if the other driver’s liability limits are $25,000, and your UIM limits are $50,000, you’re eligible to collect up to an additional $25,000 from your UIM benefits, depending on the extent of your injuries, but only if the other carrier tenders their entire $25,000 policy limits. Minimum UIM coverage of $25,000/$50,000 is mandatory for New York auto policies, but you can increase your UIM limits to match your liability limits if your liability limits exceed the minimum. Our firm would be happy to review your auto policy declaration page to make sure you are getting the most out of your auto coverage.

Are There Additional Damages Available in Fatal Head-On Collisions (Wrongful Death Claims)?

If your loved one died in a head-on collision, the personal representative of their estate can file a wrongful death claim against the driver who hit them. The statute of limitations for wrongful death claims in New York is two years from the date of death.

A wrongful death claim can recover compensation for funeral and burial expenses, lost wages/future earning ability, and the loss of benefits and parental guidance suffered by the family.