Head-on collisions are among the most severe types of traffic accidents that occur in Charleston. These crashes happen when the front ends of two vehicles collide, typically due to driver negligence and often resulting in significant injuries or fatalities.
Common Causes of Head-On Collisions
Head-on collisions in Charleston, WV, are often due to:
Drivers who are texting, talking on the phone, or engaging in other distractions can easily veer into oncoming traffic.
Alcohol or drug impairment severely affects a driver’s judgment and reaction time, increasing the likelihood of crossing into the wrong lane.
Driver Fatigue
Tired drivers may fall asleep at the wheel or drift into oncoming traffic due to slower reaction times and decreased alertness.
Speeding
Excessive speed reduces a driver’s ability to react to sudden changes in road conditions, leading to loss of control.
Wrong-Way Driving
Entering a roadway or highway in the wrong direction, often due to confusion or impaired judgment.
Poor Road Conditions
Potholes, debris, or poorly maintained roads can cause a driver to lose control and veer into oncoming traffic.
How is Liability Determined in a Head-On Collision?
Determining liability in a head-on collision requires a thorough investigation into the circumstances of the crash. Key factors include which driver crossed into the opposing lane, whether any traffic laws were violated, and the presence of any contributing factors like impaired driving or road conditions.
Evidence such as skid marks, vehicle damage, witness statements, and any available surveillance footage can be crucial in establishing fault. In cases where fault is disputed, the testimony of experts and the interpretation of evidence by law enforcement or insurance adjusters play a significant role in the outcome.
West Virginia’s Car Accident Laws
West Virginia follows a “fault” system as outlined in West Virginia Code §17C-4-3, meaning the at-fault driver’s insurance is responsible for covering damages. Therefore, head-on collision victims can file a claim with the at-fault driver’s insurer, their own insurer, or pursue a lawsuit. The state also stipulates a two-year deadline for car accident victims to file a lawsuit, known as the statute of limitations (West Virginia Code §55-2-12). This timeframe begins from the date of the accident and applies to both personal injury and property damage claims.
How a Charleston Head-On Collision Lawyer Can Help
A skilled head-on collision attorney in Charleston, WV, can be instrumental in proving liability in a head-on collision case. They will conduct a detailed investigation and gather critical evidence to support your claim. Your lawyer will also handle all communications with insurance companies, negotiate for a fair settlement, and represent you in court if necessary. A personal injury lawyer’s knowledge and resources significantly increases your chances of securing the compensation you deserve.
Contact Us Today
If you or a loved one has been injured in a head-on collision, it is in your best interests to seek legal help as soon as possible. Contact Tiano O’Dell, PLLC today for a free consultation with our trusted Charleston head-on collision attorney. We’ll review your case and help you understand your legal options.