Fayetteville Head-On Collision Attorneys
Fayetteville head-on collisions are horrific, and if a driver and passengers make it out alive, they can be left with serious injuries. A survivor’s whole life is suddenly turned upside down. If you were involved in a head-on crash recently, you may be wondering who is going to pay for your medical bills? Can you return to work? How are you going to pay your monthly rent, mortgage, groceries, and utilities? How long are you going to be off work?
The main key to seeking compensation after a Fayetteville head-on collision depends on proving who was at fault for the car crash. It is not a simple task, as car accidents, particularly head-on collisions, are not straightforward and clear. Each head-on wreck is different, and there could have been multiple parties involved, and as a plaintiff, you may also bear some responsibility for the cause of the accident.
That’s why speaking with our team at the Law Office of Jason M. Hatfield is crucial. We will review your documents, review the other party’s documents, and help determine the best means of achieving a fair settlement on your behalf.
How Head-On Crashes Can Happen in Fayetteville
A head-on crash typically occurs when a driver acted negligently, recklessly, or carelessly. This can happen in the following ways:
- A vehicle crossed a median.
- A vehicle crossed the centerline of a two-lane road.
- A vehicle entered an Interstate Road from an exit ramp.
- A car drove the wrong way down a one-way street or highway.
- Two vehicles crashed in a turning lane.
- A driver illegally passed another driver, where there was not enough room to do so.
Each of these types of accidents requires an investigation, as every crash is different. If every driver followed the rules and respected other drivers, paid attention to their surroundings and any other traffic in the area, and was alert at all times, the accident, injury, and death rate could be lower. In Arkansas, a plaintiff must be less than 51 percent at fault to recover in proportion to their level of responsibility.
Common Injuries Sustained After a Fayetteville Head-On Accident
Although most of the injuries in the aftermath of a head-on collision tend to be similar, each situation is different; each person is affected differently, and each lawsuit or claim filed is different. In Arkansas, you have up to three years under Ark. Code Ann. § 16-56-105 to file a claim.
Common injuries in a Fayetteville head-on collision include, but are not limited to:
- Broken or fractured bones
- Back injuries
- Blunt force trauma
- Broken bones
- Chest injuries
- Crush injuries
- Dental injuries
- Disfiguring facial injuries, scarring
- Dislocated, fractured shoulder(s)
- Fractured hip(s)
- Fractures in general
- Head injuries, brain damage
- Internal organ damage, bleeding
- Knee, and ankle injuries
- Lacerations, bruises
- Neck injuries
- Paralysis, quadriplegia, tetraplegia, paraplegia
- Soft tissue damage
- Spinal cord injuries
- Thoracic injuries
Typical Causes of Fayetteville, AR Car Crashes
These crashes, in which liability is “no doubt” the fault of one driver, are not exhaustive. They include the following:
- DUI/DWI Collisions – In the vast majority of cases, drunk drivers are almost always liable for the accident. Should the plaintiff also be deemed partially responsible, the DUI/DWI driver bears the biggest burden.
- Left-Turn Crashes – Virtually any vehicle making a left turn is almost always deemed liable for any vehicle coming straight – unless – the other vehicle was speeding or ran a traffic signal.
- Rear-End Accidents – The driver behind you must leave space to stop in an emergency. If they cannot do that, they are deemed at fault for the crash.
Other reasons for crashes include the following:
- Parked Car Crashes – It is always the car in motion that is responsible for the collision.
- Single-Vehicle Accidents – Usually the lone driver is responsible for a crash, but each case is different.
- Multiple Car Chain Crashes – There is generally at least one driver that starts this type of accident which ends up with a series of collisions between multiple other vehicles.
Being involved in a Fayetteville head-on collision can not only be devastating, but the aftermath involving insurance companies and other legal issues can be distressing. Be aware that if the plaintiff’s damages are reduced for being partially at fault for a crash, the insurance company tries to transfer some of the blame to the plaintiff.
Types of Evidence Used in a Fayetteville Head-On Collision Claim
A Fayetteville head-on collision attorney obtains as much evidence as they possibly can. That evidence usually includes, but is not limited to:
- The police accident report.
- An accident scene survey.
- Accident reconstruction data.
- Eyewitness information.
- Videos and/or pictures of the crash.
- Physical evidence gathered at the scene of the collision.
- A plaintiff’s relevant medical records.
- Expert medical testimony.
- All relevant documentation relating to damages.
The major reason for a police investigation is to find out who was at fault for the accident and who is liable. This takes time and resources and usually includes the following:
- Asking eyewitnesses if they have dash cam video.
- Surveying the scene
- Canvassing for eyewitnesses.
- Canvassing for nearby video footage.
- Issuing citations where relevant.
- Obtaining all relevant documents.
- Reconstructing the crash.
- Working with experts to determine how the crash happened.
Not all police reports are accurate, and such documents can have errors in them. This is something the Fayetteville head-on collision lawyers at the Law Office of Jason M. Hatfield check closely. We check to detect if there may be errors in the accident documentation.
The State of Arkansas Follows the At-Fault Doctrine
In short, the at-fault doctrine dictates that the individual responsible for an accident is also liable for all injuries and damages caused. As a plaintiff, or survivor of a head-on collision, you may seek compensation in one of the following three ways:
- Filing a personal injury lawsuit.
- Filing a claim with your insurance company.
- Filing a third-party claim with the at-fault driver’s insurer.
Arkansas is also unique in that it also has add-on no-fault laws, meaning those who buy vehicle insurance can also buy Personal Injury Protection (PIP) insurance to pay for medical bills and other related expenses, no matter who caused the crash. PIP means the injured driver can file a personal injury lawsuit against the at-fault driver.
It is also helpful to know that there are some types of accidents that are usually the fault of the other driver. These types of crashes are referred to as “no doubt” liability because insurance companies rarely argue these cases.
Negligence is the Key to Fayetteville Head-On Collisions
In a personal injury lawsuit, which includes serious injuries and/or wrongful death, the plaintiff must prove the other driver had a duty to drive with care, that they did not do so and drove recklessly, and that by driving carelessly, they caused an accident and the injuries and/or death.
There are various types of negligence, including:
- Comparative negligence – This is when the plaintiff is partly responsible for your injuries and property damage. The plaintiff may pay a percentage of the damages.
- Contributory negligence – This happens when the plaintiff caused their injuries, and cannot collect damages.
- Modified comparative negligence – The plaintiff cannot recover damages if they are deemed to be (at least) 50 percent or more, responsible for the collision. Note: Arkansas uses the modified comparative fault rule.
- Pure comparative negligence – This works by adding up the damages sustained in a wreck. The plaintiff’s damages are totaled and then reduced by the percentage of fault they bear for the accident.
All insurance companies have a goal of reducing or denying claims. Never try to settle a claim with an insurance company on your own. Call us for help. We’ve got your back at the Law Office of Jason M. Hatfield.
Contact the Fayetteville Office of Jason M. Hatfield Today
If you were involved in a Fayetteville head-on collision, call us at the Law Office of Jason M. Hatfield at 479-361-3575. Our dedicated team of head-on collision lawyers is here to help.
Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them. The Law Office of Jason M. Hatfield is just one quick call away: 479-361-3575.