Proving Liability in a Head on Collision
A head on collision is normally pretty serious. The force of the impact can be high enough to result in fatalities. If you’re lucky enough to survive, the injuries can be fairly severe. So what about liability when it comes to who is at fault for these accidents?
On occasions, proving exactly who is at fault for a head on collision can be very difficult. Deductive logic says that someone must have been on the wrong side of the road if it was head on accident on a straight road. If there are witnesses or CCTV, we can use this as evidence to prove who is at fault.
If it’s one word against another, it will likely be more difficult to prove. We could instruct an expert engineer / mechanic to assess the vehicle damage and perhaps from their findings be able to work out who was at fault. The police need to be in attendance as this may help if they need to investigate the incident.
There are other circumstances that are a little more straightforward. People crossing in to the path of you at a junction by failing to give way may also lead to a head on collision. In these sorts of instances, it’s a little easier to tell who is at fault. Failing to give way is a negligent offence, so if you are hit because a driver fails to give way, you should be able to make a 100% claim.
If liability cannot be determined, it may end up being split 50-50, which means you can recover 50% of damages. Equally the other driver may claim compensation from your insurers as well.
If you are a passenger, then as long as you didn’t contribute to the accident (which is highly unlikely) you should be able to make a full 100% claim.
When it comes to your injuries, if they are serious given the circumstances of the incident, we may be able to arrange private medical care for you, if it is going to help you get better. We can normally get it funded by the insurers of whoever is at fault as well.
For help and advice, call our free claims helpline on 0800 634 75 75 today.
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We can help you make things right if you've had an accident and been injured. If you've a legitimate compensation claim then The Injury Lawyers can offer you No Win, No Fee representation to ensure you receive the maximum compensation you deserve.