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November 30, 2015

Liability in a Head-on Collision

Philadelphia auto accident lawyer

Head-on collisions are some of the most deadly traffic accidents that can occur. These accidents generally happen when both vehicles are in motion and are sometimes traveling at higher speeds, which can increase the impact of the crash. Many head-on collisions can result in the ejection of a motorist or a motorist becoming trapped inside their vehicle, which can both result is catastrophic injuries. The following are some common acts of negligence that cause head-on collisions and the resulting injuries:

Distracted driving – Distracted driving behaviors often involve a driver taking their eyes off the road in front of them. This is especially the case when a driver is texting, emailing, browsing social media or the web, programming a GPS, or similar activities. A driver may also look away from the road if the must reach into the back seat or are paying greater attention to children in the back of the car than they are to the road. When a driver stops looking at the road, it is common that they depart from their intended lane. If they cross over the left lane marker, they can suddenly be in the path of oncoming traffic and a head-on collision can occur.

Driving under the influence (DUI) [1]When a driver is intoxicated, it is often difficult for them to stay focused on the road or to maintain complete control over the vehicle. For this reason, drunk drivers are often characterized as swerving. In some situations, a drunk driver may unknowingly swerve across the center line and cause a head-on collision with an oncoming vehicle. In addition, drunk drivers are notorious for traveling the wrong way on one-way streets and highways, which consistently leads to this type of accident.

Third party drivers – Under certain circumstances, neither driver involved in a head-on collision may be at fault. If a third party driver acts in a dangerous manner and suddenly forces another driver to depart from their lane, they should be held responsible for the damage and injuries suffered by the motorists involved in a crash. These types of cases can be complicated, however, so the third party driver usually fails to stop at the scene of the accident and may not even realize that a crash took place. Cases involving “phantom” vehicles can have certain time limits and requirements [2] that other cases do not in order to recover under uninsured motorist policies. For this reason, if a phantom vehicle caused your head-on collision, you should never delay in contacting an attorney as soon as you can after the crash.

Road conditions – Neither driver may be at fault in a head-on collision if one driver lost control due to a defect or obstacle in the roadway. Large potholes, cracks, or icy patches can cause a tire blowout or a driver to lose steering ability and a collision may result. In addition, if there is an obstacle in the road that should have been removed, a driver may instinctively swerve around it and crash into an oncoming car. In such situations, the municipality responsible for road maintenance may be held liable for all injury-related losses. Cases against the government also have special time limitations, however, so call an attorney immediately if a road defect caused your accident.

Car defects – Just like a road defect can cause a driver to lose control, so can defective auto parts. Brakes, tires, steering systems, and more can all lead a driver to depart from their lane if they suddenly malfunction. In these cases, the manufacturer that produced and sold the defective auto part should be held accountable under products liability [3] legal principles. Taking on a large automotive manufacturer can be intimidating, so you always want an attorney on your side who has the experience and resources needed for this type of case.

Find out how a qualified Philadelphia auto accident lawyer can help you

Head-on collisions can be devastating and can leave victims with catastrophic and permanently disabling injuries. If any driver or party was negligent in causing your head-on collision, you should not delay in calling an experienced car crash attorney at The Levin Firm as soon as possible. We understand how serious head-on collisions can be and always strive to obtain the highest amount of compensation available for every client. We know how to investigate this type of crash to identify any and all potentially liable parties, so please call today at 215-825-5183 for your free consultation.

[1] http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.038..HTM

[2] http://www.pacourts.us/assets/opinions/Supreme/out/J-42-2013mo.pdf?cb=1

[3] https://www.law.cornell.edu/wex/Products_liability

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