Head-on collisions occur when the front ends of two vehicles strike each other from opposite directions. They typically happen because the driver of one of the vehicles has crossed over a center dividing line or gone the wrong way on a street. While head-on collisions are relatively uncommon, the injuries are often catastrophic, and if they happen at high speeds, fatalities are common. If you are injured or a loved one is killed in a car accident caused by someone else’s negligence, the Albuquerque attorneys at the Fine Law Firm may be able to help you seek compensation for your injuries.Establishing Liability after a Head-on Collision
Head-on crashes may result in internal organ damage, traumatic brain injuries, broken bones, paralysis, or even death. In most cases, they are caused by driver negligence. If you can prove that the other driver caused the accident through his or her failure to use reasonable care while driving, thereby increasing the risk of injury to others, you likely will be able to recover damages. Conduct that is considered unreasonable and that might cause a head-on collision includes speeding, drunk driving, and texting while driving.
In New Mexico, it is illegal to text while driving. It is also a crime to drive with a blood alcohol content of .08 or greater. When drunkenness or texting cause a crash, therefore, the doctrine of negligence per se may apply. For negligence per se to apply, you would have to show that the defendant violated a law designed to protect a certain class of people from a specific harm, the violation caused the accident, the victim belonged to the class of people that was meant to be protected, and the victim suffered the specific harm that was to be prevented.
Many victims of head-on collisions suffer catastrophic injuries, which is why if there is any opportunity to avoid such a crash, you should take it. Among the damages you may be able to recover from an at-fault defendant for catastrophic injuries are medical bills, rehabilitation and physical therapy, lost wages, cost of household services, pain and suffering, and loss of enjoyment. These last two items of damage are noneconomic, and they may vary depending on the jury that is selected. This means that your choice of attorney and how well your attorney comes across to insurers and a jury can make a huge difference to the total compensation you are able to recover.
If a close relative dies in a head-on crash, you may be able to file a wrongful death claim. You have three years from the date of the death (or an injury-causing accident) to file suit in New Mexico. Among the damages you can recover in a wrongful death suit as a spouse or child of the decedent are funeral expenses, mental anguish, and loss of companionship.Consult an Albuquerque Attorney for Your Motor Vehicle Collision Case
Head-on collisions may result in grave injuries or even death. Unlike some other types of collisions, it may be hard for the at-fault driver's insurer to blame you for the accident. However, insurers rarely offer the full amount of your damages. They may, for example, try to send you a low-ball offer claiming that you did not follow your doctor's instructions for a full recovery or otherwise failed to mitigate your damages. It is important to have someone on your side during these negotiations. At the Fine Law Firm, we provide experienced motor vehicle collision lawyers who can help Albuquerque residents and others seek the full scope of damages available under the circumstances. Contact us via our online form or call us at (505) 243-4541 to set up a free consultation. The Fine Law Firm also represents accident victims in Rio Rancho and elsewhere in New Mexico.