Head-on collisions in New York City often result in catastrophic or fatal injuries. Due to the potential for serious harm, it is always best to try to avoid a head-on collision. In most cases, when there is a head-on collision, particularly one at high speeds, the injuries qualify as "serious injuries" that allow you to go beyond your no-fault insurance coverage and sue an at-fault driver. These collisions occur when the front end of one vehicle hits the front end of another vehicle. Often, this sort of frontal impact occurs if one car goes into an oncoming lane or goes onto a street from the wrong direction. At Newman, Anzalone & Newman, LLP, our New York City car accident lawyers may be able to help you recover damages after a head-on collision.Cases Based on Head-On Collisions
Fatalities arising out of head-on collisions have been reduced in recent years by improved airbags and effective seatbelts. However, head-on collisions still make up a substantial percentage of fatal car crashes. If you were seriously injured or a loved one was killed in a head-on collision, you may be able to recover damages by establishing negligence. Your attorney will need to show that it is more likely than not that the other driver owed you a duty of care, but there was a breach of duty, causation, and actual damages.
In most head-on collisions, it is possible to clearly assign liability to one driver or the other based on the location of the collision. If a driver was not in his or her lane but instead had drifted due to fatigue or inattention into an oncoming traffic lane, it is likely that that driver's negligence caused the collision. Similarly, if a driver is going the wrong way on a one-way street, there has likely been a breach of duty.
Most contemporary cars have a crush or crumple zone that allows energy to be dispersed before the occupants of the car are affected. A seatbelt can secure a passenger in his seat, minimizing how much his chest moves. The inflation of an airbag can inflate to lessen the movement of the head and chest. However, brain injuries, whiplash, herniated discs, lower leg and femur fractures, rib fractures, abdominal visceral injuries, organ injuries, and secondary injuries from flying objects are common.
Damages that you may be able to recover in a personal injury lawsuit involving serious injuries include both economic and noneconomic losses. Economic losses may include medical bills, lost wages, out-of-pocket expenses, property damage, and replacement services. Noneconomic losses may include pain and suffering, mental anguish, and loss of affection or consortium.
When a driver is killed by a driver who is traveling in the wrong lane or going the wrong way on a one-way street, the driver's family may be able to recover damages through a wrongful death lawsuit. A personal representative of the decedent's estate must bring the wrongful death lawsuit and prove that the death was caused by the defendant's wrongful or negligent conduct, giving rise to a cause of action for which the decedent could have sued had they not died. Also, they must show survival by at least one person who suffered losses due to the death, as well as actual damages. A family member cannot sue unless they are also the decedent's estate's personal representative. However, the lawsuit can ask for damages suffered not only by the estate but also by any of the decedent's beneficiaries, heirs, or devisees. The personal representative will hold the damages awarded to family members in trust for them.Consult a Tenacious Car Accident Attorney in the New York City Area
Head-on collisions are often fatal or catastrophic, leaving family members reeling at the size of medical bills and funeral or burial costs. While nothing can truly make up for the loss of a loved one, or a catastrophic or life-altering injury, it may be possible to recover damages from the person at fault. If you were injured or a loved one was killed in a head-on collision in New York City, you should secure tough, experienced legal representation. Newman, Anzalone & Newman, LLP represents clients in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Contact us at 718-682-7409 or through our online form.