A head-on collision is one of the scariest types of car accidents. While any accident might result in serious injuries, head-on collisions typically end in severe injuries to those involved. Fatalities from head-on collisions occur in about 10% of all head-on collisions.
Due to the chance of serious injury, settlements and verdicts can be substantial in a head-on collision accident. However, who is at fault in these types of accidents? This is something we will go over in the article below.
Never attempt to take on these types of cases on your own. In fact, if you are involved in any car accident resulting in an injury, we encourage you to seek legal advice before moving forward with any type of settlement. An experienced NJ car accident lawyer can help determine the total value of your claim and what you should receive in a settlement. Or, if you should take the case to trial when a settlement cannot be reached.
The team at Brandon J. Broderick, Attorney at Law are ready to help. With our representation, you can rest assured your chances of receiving fair compensation are high. Contact us today for more info.
Determining Fault In A New Jersey Head-On Collision
Determining who is at fault in a head-on collision isn't a simple question to answer, as it will vary depending on the specifics of each accident. However, every driver is expected to exercise care to avoid collisions, so if it was determined that a driver was driving negligently, they will be liable for damages caused in the accident. If you weren't negligent, but being careless instead, you may be considered at fault. The specifics of the accident will dictate who is at fault.
All parties who are involved in a head-on collision accident should seek legal representation to ensure the accident is handled correctly.
If the collision is fatal, the surviving family members of the deceased are entitled to damages. They could recover compensation for inheritance, lost earnings, benefits, and other financial losses.
How Is Liability Assigned?
Liability in a head-on collision car accident case in New Jersey can be determined in a few different ways. Comparative negligence is the most common, which takes into account each driver's percentage of fault for contributing to the accident.
In a scenario where one driver was speeding, that driver will be assigned more fault in the accident. Let's say you are assigned 25% fault and are awarded $100,000 in damages. You should receive $75,000 in this case, due to you contributing 25% blame in the accident.
When determining who is at fault in a head-on accident in New Jersey, courts may also take strict liability or contributory negligence into account.
Contributory negligence laws state that an injured party's degree of fault prevents them from obtaining damages from another party, even if that other party bears the majority of the blame for the accident. This means that you can be held liable and required to pay damages if you had even a partial role in the collision.
There is strict liability when a faulty part caused the accident and/or injury, such as defective brakes for example. The maker of the product could be held liable for any injury caused by their product.
An injured driver may be able to file a personal injury lawsuit if carelessness on one or both sides of the collision can be proven. In this scenario, the court will allocate specific percentages of fault to each party in order to calculate the plaintiff's entitlement to compensation. In head-on accident cases in New Jersey, the courts have the final say over who is at fault and who has to pay damages.
What Damages Can I Recover?
A head-on accident victim in New Jersey may be entitled to economic damages such as lost earnings and medical expenses, as well as non-economic damages like pain and suffering or emotional distress.
Compensation for your injuries can include consortium, mental agony, and physical pain, which is impacted by:
- Extent of physical injuries sustained
- Length and scope of the treatment needed to address them
- Estimated future care costs associated with the accident
- Psychological effects or depression related to the trauma caused by the crash
- Impact on earning capacity due to a permanent disability
In addition to the amount granted for economic losses, victims of head-on collisions may also be awarded significant sums for non-economic damages, contingent upon the severity of their injuries.
Injured parties in head-on collisions may be eligible for additional damages in New Jersey. These consist of claims for loss of consortium and punitive damages. Punitive damages are meant to serve as a punishment and deterrence against future instances of the same behavior. In cases when an injury leads to a reduced level of companionship between spouses or other family members because of physical or emotional disabilities, loss of consortium claims offer compensation.
A lawyer can identify the specific damages for your case. Consulting with a lawyer can assure you get the best possible settlement.
Consult With NJ Car Accident Lawyers of Brandon J. Broderick
We will give you the legal support you need to get a successful resolution in your case. The team at Brandon J. Broderick, Attorney at Law is proud of its dedication to its clients' legal rights, particularly those who have been hurt by the carelessness of others.
Give us a call and let's talk about your accident and how we can help.