At any speed, head-on collisions are exceptionally dangerous accidents. Anyone who causes a crash like this through their own reckless or careless driving should be held financially accountable for their actions. Unfortunately, achieving a positive case outcome and getting paid fairly for harm you sustained in this sort of accident is far easier said than done.
Front-end car accidents in Austin are uniquely traumatic and dangerous, and effectively filing suit over one can be a uniquely complicated task. If you want a fair shot at fair financial recovery after another vehicle ran head-first into yours, seeking help from a seasoned car accident attorney should be a top priority.
While front-end car crashes in Austin most often happen in intersections and on narrow two-lane roads where cars travel in opposite directions, they can also happen in crowded parking lots, on residential streets, and even on highways when someone takes the wrong exit and ends up traveling straight towards oncoming traffic. Regardless of where this type of wreck happens, though, the key to holding someone else financially accountable the incident is establishing their negligence.
In a nutshell, negligence has four components which must all be present for a civil lawsuit to proceed. First, a driver needs to demonstrate that the defendant owed them a duty of care. All drivers assume a duty of care when they get behind the wheel of their vehicle. Then, the claimant needs to prove the defendant breached their duty.
After this, the plaintiff needs to connect the cause of the head-on car accident to the defendant’s breach of duty. Finally, the claimant needs to transparently tie their injuries and losses to the accident in question.
Every driver in Texas has the same duty to follow traffic laws and remain aware of their surroundings while in motion, and both overtly illegal and simply careless actions can qualify as breaches of duty if they end up causing an otherwise avoidable crash. A qualified attorney can further explain how this legal principle works and provide crucial help building a comprehensive civil claim around it.
Importantly, a driver injured in a head-on car wreck can be held partially liable if they contributed to causing the wreck through negligence of their own—for example, by committing a traffic violation at the same time the person who hit them. As per Texas Civil Practice & Remedies Code §§33.001 through 33.017, courts can reduce the total compensation available to an injured plaintiff in proportion to whatever share of “comparative fault” that claimant holds for their accident. Additionally, any plaintiff more than 50 percent to blame is ineligible to receive any compensation whatsoever.
Furthermore, TX Civ. Prac. & Rem. Code §16.003 sets a two-year deadline for filing suit over virtually any auto accident, beginning from the date the incident first occurred. This deadline applies even in situations where the prospective plaintiff’s injuries will have life-changing or even life-threatening repercussions.
A proactive lawyer in Austin understands the potential complications in a rear-end car accident case and can help an injured plaintiff keep their case on track.
There is no single right way forward when it comes to pursuing civil compensation after a serious auto accident, especially a head-on collision. However, it is almost always best to seek help from qualified legal counsel rather than trying to get the restitution you need all by yourself.
Guidance from a knowledgeable attorney could make a colossal difference in your odds of success with a case based on a front-end car accident in Austin. Call today for a consultation.