In California, head-on collisions are a common type of auto accident that can result in serious injuries. Before you can be successfully compensated in a head-on car accident case, it’s crucial to determine and prove fault. California uses a “comparative negligence” system to assign blame for an accident, and it may affect the amount of compensation you receive from your claim.
What is comparative negligence, and what does it do to your head-on car crash settlement? Here, we give you a helpful explainer. If you need legal guidance or representation in your specific case, consult for free with our skilled personal injury attorneys at Barrios & Machado.
What is Comparative Negligence?
Comparative negligence is a principle in law that examines the share of fault that each party contributed to an accident. In a head-on car accident case, this means the court will analyze the actions of all parties involved to determine what percentage of negligence each person exhibited.
California operates under a "pure comparative negligence" system. This allows an injured party to recover damages even if they were 99% at fault for the accident. However, their compensation will be reduced by their assigned percentage of fault.
For example, if you suffered $100,000 in losses from a head-on collision but were 20% at fault, your compensation may be reduced by 20%. That means you could still recover $80,000 from the other driver (who was 80% at fault).
What is a Head-on Collision?
A head-on collision, also known as full-frontal impact, is a type of vehicle accident where one vehicle’s front hits another vehicle’s front. This is usually the result of a car crossing the median or centerline of a road, thus moving into oncoming traffic in the opposite direction. When a head-on collision occurs on a highway with high-speed motor vehicles, the impact can be catastrophic, if not fatal.
In determining fault in a head-on car accident, at least one party almost always turns out to be negligent or careless. Some common causes of head-on accidents include reckless driving, driving under the influence (DUI), and failure to yield to oncoming traffic. As you pursue your claim for compensation, the defendant or their insurance company may try to assert that you yourself acted negligently, too. This can happen under the principle of comparative negligence.
How Comparative Negligence Works in Head-on Collisions
Head-on collisions are some of the most devastating types of car accidents due to the forces involved when two vehicles strike each other head-on at high speeds. Even at lower speeds, the lack of crumple zones or other protective barriers means head-on impacts can cause catastrophic injuries. When investigating a head-on collision, the court will look at:
- Which driver crossed the centerline or median
- If either driver was impaired by alcohol or drugs
- If either driver was distracted or fatigued
- The speeds both vehicles were traveling
- Road conditions and visibility
- Whether any traffic laws were violated.
Based on the evidence, the court will assign a percentage of fault to each driver. Here are some examples:
Example 1: Driver A crossed the centerline into oncoming traffic and struck Driver B head-on. Driver A was assigned 100% fault as they were the sole cause of the accident.
Example 2: Driver A fell asleep at the wheel, drifted into the oncoming lane, and struck Driver B head-on. However, evidence showed Driver B was texting and driving at the time. Driver A was assigned 80% fault, and Driver B had 20% comparative negligence.
Example 3: Both Driver A and Driver B were impaired and speeding when they struck each other head-on after one drifted over the centerline. Driver A was assigned 60% fault, and Driver B had 40% comparative negligence.
As you can see, comparative negligence allows compensation even when both drivers were negligent to some degree. An experienced car accident attorney can fight to minimize your percentage of fault.
Head-on Collision Statistics in Orange County
Unfortunately, head-on collisions frequently occur in Orange County due to the region's high traffic volume and prevalence of distracted and impaired driving. Here are some sobering statistics:
- In 2021, the California Office of Traffic Safety (OTS) counted 17,400 victims who were killed or injured in car accidents in Orange County, many of which involved head-on impacts.
- Between 2019 and 2021, Orange County had 1,782 head-on car crashes.
- In the same period, the county also had 30 front-impact crashes involving large commercial trucks.
- Orange County also had 78 head-on accidents involving motorcycles from 2019 to 2021.
While vehicles today have more safety features to protect car occupants in head-on collisions, the forces involved still have devastating consequences. If you or a loved one was injured, contact an Orange County car accident attorney immediately.
Common Injuries in Head-on Collisions
Due to the forces involved, head-on car accidents often result in severe, life-altering injuries. These are some of the most common types of injuries our clients have suffered:
- Brain injuries: The violent shaking and impacts in a head-on crash frequently cause traumatic brain injuries (TBIs) ranging from concussions to permanent brain damage. Symptoms can include dizziness, nausea, cognitive impairment, memory loss, personality changes, and more.
- Spinal cord injuries: The spinal cord is extremely vulnerable in head-on impacts, which can cause herniated discs, compression fractures, or even partial or complete paralysis if the cord is severed.
- Internal injuries: Organs like the liver, kidneys, and spleen are highly susceptible to trauma in head-on collisions. Internal bleeding and organ damage often require emergency surgery.
- Broken bones: The extreme forces involved often cause compound fractures, crushed bones, and other severe bone breaks that may lead to long-term complications or disabilities.
- Burns: If one of the vehicles catches fire, occupants can sustain devastating burn injuries that require extensive treatment and carry high risk of infection.
- Wrongful death: Many head-on collision victims sadly lose their lives due to the severity of their injuries. When this occurs, certain family members may be able to file a wrongful death claim against the at-fault driver.
No matter how serious your injuries are, do not wait to get medical attention and then contact an Orange County car accident lawyer right away. Your health and legal rights are too important.
Damages You Can Recover After an OC Head-On Collision
If you were injured by another driver's negligence in a head-on car accident in Orange County, you may be entitled to recover economic and non-economic damages, including:
- Medical costs: All past and future expenses related to treating your injuries such as emergency transport, surgery, hospitalization, medication, medical devices, rehabilitation, and more
- Lost wages: Recovery for all lost income if you were unable to work during your treatment and recovery, as well as potential future lost earning capacity
- Property damage: Reimbursement for the value of your vehicle if it was totaled or the repair costs if it can be fixed
- Pain and suffering: Non-economic damages to compensate for the physical pain, mental or emotional distress, and reduced quality of life caused by the accident and injuries
- Punitive damages: In cases involving gross negligence or intentional misconduct like drunk-driving, punitive damages may be awarded to punish the at-fault driver.
An experienced car accident lawyer from the Barrios & Machado law firm can carefully calculate and fight for the maximum compensation you deserve. We’ll provide you with a free consultation so you can start taking steps with us towards getting compensated.
Why Hire a Lawyer for a Head-On Collision Case
Hiring a skilled personal injury lawyer is crucial after being injured in a head-on car accident in Orange County. Here's why:
Investigating the Accident
Your attorney will thoroughly investigate the collision by obtaining significant evidence, interviewing witnesses, reviewing police reports, consulting accident reconstruction experts, and more. This evidence is key to proving the other driver's negligence and minimizing the fault assigned to you.
Proving Damages
You'll need evidence of the full losses you've suffered, including current and future medical costs, lost wages, property damage, pain and suffering, and more. An experienced lawyer ensures nothing is overlooked.
Handling Insurance Companies
The insurance companies involved will go to great lengths to avoid paying a claim, including trying to pin more fault on you. A competent lawyer will prevent insurers from taking advantage and negotiate for a fair settlement.
Preparing for Trial
If insurance companies still refuse to compensate you fairly, your attorney should be prepared to take your case to trial and present arguments and evidence to a judge or jury. Most cases settle out of court, but trial preparation is vital to incentivize fair offers.
At Barrios & Machado Personal Injury & Accident Lawyers, our seasoned trial attorneys have over 25 years of combined experience winning head-on collision cases with pure comparative negligence. We fight aggressively to maximize our clients' compensation. Call (714) 515-9696 today for a free consultation on your Orange County head-on car accident case. The sooner we can start investigating, the better we can protect your rights.
Comparative Negligence in Head-on Collision FAQ
Here are answers to some frequently asked questions about how comparative negligence applies to head-on car accident cases in Orange County:
Q: If I was partially at fault for the head-on collision, can I still recover damages?
A: Yes, thanks to California's pure comparative negligence laws, you can still seek compensation even if you were 99% at fault for the accident. However, your total damages award will be reduced by your assigned percentage of fault. For example, if you were 30% at fault, you could only recover 70% of your total damages.
An experienced car accident lawyer can work to minimize the percentage of fault assigned to you in order to maximize your compensation. But even with some comparative negligence, you may still be able to get the funds you need for your recovery.
Q: What if the other driver was 100% at fault? Can I still recover full damages?
A: Yes, if the other driver was solely responsible for the head-on collision, and you are found 0% at fault, then you may recover 100% of your damages from that driver. Your car accident lawyer will need to provide clear and convincing evidence that you committed no negligent actions that contributed to the cause of the accident.
Q: Can my damages award be reduced even more after comparative negligence?
A: Unfortunately, yes. In addition to having your total damages reduced by your percentage of fault, there are a few other potential deductions:
- If you don't seek prompt medical treatment, the insurance company may argue that you failed to mitigate your injuries, thus reducing the award further.
- If you give a recorded statement admitting some degree of fault, that can increase your comparative negligence percentage.
- If you miss the statute of limitations window to file your claim or lawsuit, you may lose the right to recover any damages at all.
This is why it's crucial to have an experienced car accident attorney handling your case from the very start. They can prevent costly mistakes that reduce your compensation even further.
Q: What if the other driver flees the scene after a head-on collision?
A: Hit-and-run accidents are treated very seriously under California law. If the other driver fled the scene after causing a head-on collision, a skilled attorney can help in a few ways:
- Using accident reconstruction and other evidence to identify the at-fault driver
- Filing an uninsured/underinsured motorist claim with your own insurance policy
- Seeking punitive damages against the at-fault driver for the hit-and-run if they are identified.
While these cases are more complex, you still have rights to compensation. Do not admit any fault to insurers. Instead, contact a lawyer immediately after a hit-and-run accident, and let your attorney advise you.
Q: How long do I have to file a head-on collision claim in California?
A: In most cases, the statute of limitations gives you two years from the date of the accident to file a personal injury claim or lawsuit against the at-fault driver. If you miss this two-year window, you will likely lose the right to recover any compensation.
There are some rare exceptions that can extend or shorten this time limit. But in general, it's critical to have an attorney start building your case as soon as possible after a head-on collision. Evidence can disappear, witnesses can become unavailable, and you want to ensure you meet all legal deadlines.
Contact an Orange County Head-On Collision Attorney Today
If you or a loved one has been injured in a head-on car accident in Orange County, do not wait to take legal action. The seasoned trial lawyers at Barrios & Machado Personal Injury & Accident Lawyers have over 25 years of experience winning these complex cases involving pure comparative negligence. Our strong advocacy has secured millions for our clients.
We work on a contingency fee basis, so you pay no upfront costs or attorneys fees unless we win your case.
Call us today at (714) 515-9696 to schedule a free, no-obligation consultation regarding your head-on collision case.
