Head-on collisions in the U.S. usually precede the phone call that no one ever wants to get. No family member, whether spouse, sibling, or parent, wants to hear that their loved one died in a head-on collision. 

While only making up 2% of accidents, head-on collisions account for 14% of traffic fatalities. 

The aftermath of these devastating accidents leaves family and friends with grief and uncertainty. In many cases, it also leaves family members with a mountain of medical and funeral-related expenses. 

Fortunately, there is legal recourse for these families. While no amount of legal action can bring a loved one back, filing a legal case can help alleviate financial burdens. Most importantly, it can hold those responsible for the accident accountable. 

Determining Fault in Head-On Collisions

Any legal action following a fatal head-on collision relies on determining fault. If you lost a loved one in such an accident, you need to find out who or what caused the crash. 

There are lots of potential causes for head-on crashes. These include drunk or distracted driving or driving while under the influence of medication. Reckless driving and speeding also contribute to head-on collisions. 

Sometimes, medical emergencies may cause an accident. For example, a driver may experience a heart attack or stroke while behind the wheel, causing them to veer into oncoming traffic.  

Types of Potential Legal Claims After Head-On Collisions

When you know what caused the accident, you can look into pursuing a legal claim. The most common claim filed by families after a head-on collision is a wrongful death lawsuit. 

Wrongful death lawsuits blame the at-fault driver for the death of a loved one. This type of lawsuit can recover several damages. These may include funeral and burial expenses and loss of financial support. 

If you sue for a loss of financial support, you will claim the income your loved one would have earned throughout their lifetime. This may include increases in salary due to promotions and extended benefits. 

If you lost a spouse or partner in a head-on collision, you could look into claiming for loss of companionship. This will potentially compensate you for emotional pain and suffering and loss of parental guidance for your children. 

There is another type of lawsuit to consider, especially if your loved one died several days after the accident. A survival action lawsuit seeks compensation on behalf of your loved one for pain and suffering they may have endured between the time of the accident and their death. Compensation may also include lost earnings until the time of death.

Factors to Consider in Your Lawsuit

Like all lawsuits, you have no guarantee of success. And it will be a long and emotional process to get through. The following factors will make this process even more challenging:

Evidence: You and your lawyer will have to analyze the evidence of the at-fault party’s negligence. This means you will read and hear details about the accident, including first-hand witness accounts. There will likely be an expert reconstruction of the accident, so it will continue to play in your mind while you work through the details. 

Moreover, police reports and accident scene photos also form part of the evidence. If you do not want to see these photos or read the police report, your lawyer will handle these aspects of the case. 

Severity of injuries: Unfortunately, things will get even worse if your loved one’s injuries become part of the legal claim. The severity of their injuries will impact the damages awarded if you decide to pursue a survival action claim. 

Financial dependence: If you and your children or extended family rely on a loved one’s income, this will also influence the damages you receive. 

Shared fault: This is a difficult part of the legal process. If your loved one was partly to blame for the accident that claimed their life, it will reduce the amount of damages recoverable. 

Allowing your lawyer to handle your case is most likely the best option, whether you file a wrongful death or survival action claim. You will have enough to deal with without having to hear about the details of the accident for weeks or months on end. 

What to Do After a Head-On Collision 

Death by accident is a leading cause of traffic fatalities in the U.S. If this type of situation affects you and your family, you will experience overwhelming emotions, stress, and trauma. 

Knowing that another person’s actions took your loved one away from you may be more than you can bear when you first receive the news. 

At the same time, you must take steps to protect your family from further harm and distress.

This is why the first thing to do is to hire a personal injury lawyer. As mentioned above, your lawyer can deal with all the accident details and file a claim on your behalf. 

Your lawyer will conduct their investigation so they can prove that the other party’s negligence caused the accident. A lawyer will keep you updated on new developments and potential settlement offers. 

Again, while money will not repair the emotional damage caused by the death of a loved one, it can help you cope with unexpected expenses. It will also ensure that your children stay in school and that you can provide food and other essentials. 

Moreover, taking legal action holds the other party accountable for their actions, especially if they were 100% at fault. Your legal case might even be the action that deters them from making the same mistakes and ruining yet another family’s lives. 

Lastly, a successful legal case cannot replace your loss. But, it can guide you towards closure and a sense of justice for your loved one and family. 

Finding Closure 

Closure is not easy to achieve, however, regardless of the type of lawsuit you file. If you cannot stomach the idea of filing a legal case while grieving, you do have other options. 

You could claim from your loved one’s underinsured/uninsured motorist coverage if the at-fault driver has insufficient insurance.

You may even consider mediation to reach an agreeable settlement with the at-fault party.

Either way, this situation is always devastating, no matter which option you choose. You can make things a little easier on yourself by hiring a legal professional to help you make the right choices and get the best outcome for your family. 

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