In Michigan, if you’ve been seriously injured, or a loved one was killed in a head on collision, one of the most important things you can do is hire an experienced auto accident attorney who will fight for you and your family to get you the compensation and money damages you are legally entitled to.
An experienced auto accident lawyer can help you determine fault for these types of crashes, timely file a lawsuit against the responsible party or parties, and get you the maximum possible settlement to compensate for your pain and suffering, medical expenses, and lost wages. And if you lost a loved one in a full-frontal accident, your lawyer can file a wrongful death action that will also include the loss of companionship and financial support as well as funeral and burial expenses.
These types of crashes are one of the most deadly types of auto accidents. More than one in 10 fatal car crashes involves a head-on impact. The IIHS reported that 59% of the drivers and passengers who were killed in traffic crashes in the U.S. in 2022 were involved in this type of accident.
What is a head-on collision?
A head-on collision, also known as a frontal crash or front-impact accident, is a crash where two cars strike each other directly from the front while going in opposite directions. Because the two vehicles are moving toward each other, these types of accidents produce a substantial amount of force.
These accidents are usually caused by a driver going the wrong way on a road or crossing a double yellow line into oncoming traffic. This can happen for many reasons, including aggressive or distracted driving, driving under the influence, fatigue, and even vehicle defects.
How to avoid a head on collision
The best way for a driver to avoid a head-on collision is by following the “4 R’s”: (1) read the road, (2) swerve right, (3) reduce your speed, and (4) ride off the road.
Below is more information about the “4 R’s” to avoiding this type of crash:
- Read – Read the road ahead. Be aware of any hazards on the road ahead of you. The sooner you notice a problem ahead, including a vehicle driving the wrong way and heading for you, the more time you have to avoid a full-frontal crash.
- Right – Always swerve to the right (never to the left) if you’re facing a vehicle head-on. If there’s only one lane, pull to the right and onto the shoulder if necessary to avoid the collision. If there are multiple lanes, leave a lane to your left open.
- Reduce – Reduce your speed if you see a vehicle coming toward you. This will give you and the other driver more time to avoid the collision. But don’t slam on your brakes. This could result in a vehicle hitting your vehicle from behind and forcing you into a full-frontal crash you were trying to avoid.
- Ride – If all else fails, ride off the road. Pull off the road onto the shoulder, or at least, ride off the road enough that instead of colliding head-on with the other vehicle, you just sideswipe one another. Your chances of survival are much better if you don’t collide head-on with the other vehicle.
Can you survive a head-on collision?
Surviving a head-on collision depends on a variety of factors, including (1) the speed at which the vehicles were traveling; (2) your position in the vehicle; (3) the safety devices the car is equipped with; and (4) whether you are wearing a seatbelt.
Where and how you are seated in the vehicle, whether you are properly wearing your seatbelt, and whether your car is equipped with airbags and other safety features can make a big difference in your ability to survive these types of crashes.
Can you die from a head on collision?
Yes, you can die from head-on collisions. These types of crashes “accounted for 59% of passenger vehicle occupant deaths in 2022,” according to the Insurance Institute for Highway Safety (IIHS). 2022 is the most current year for which this data is publicly available.
The reasons this type of crash is so deadly is because: (1) the force generated by the two vehicles traveling in opposite directions and colliding increases the potential severity of the crash and the injuries, (2) the drivers and vehicle occupants seldom has time and opportunity to brace for the impact or otherwise protect themselves,
Other studies also detail how deadly head-on crashes are:
- Approximately 12.6% of all traffic deaths in the U.S. in one year involved in full-frontal accidents, according to the National Security Council.
- Another study by the U.S. Department of Transportation’s Federal Highway Administration reports that these types of car accidents “are the most harmful event in approximately 14 percent of all U.S. traffic fatalities each year.”
Determining who is at-fault
In Michigan, there are many ways to determine fault in head-on collision. Fault can be determined by observing the scene of the crash, assessing vehicle damage, and reviewing any video, or “black box” ECM data. Admissions from drivers’ statements, and independent eyewitness statements are also frequently relied upon to determine if intoxication, driver distraction and/or speed were factors. Most police officers investigating a crash will decide fault based on the traffic violations that occurred.
Usually only one driver is at fault for the crash, but sometimes both drivers play a role. Even if you are partially responsible for the crash, you may still be able to file a lawsuit against the other driver depending on your percentage of fault for causing or contributing to the crash.
What types of compensation are available?
In Michigan, if you have been injured in a head-on collision, you can recover both economic and non-economic damages. A skilled auto accident attorney can help you calculate these losses.
Economic damages, which are easily calculated, include:
- Medical expenses (including hospital bills, rehabilitation, and physical therapy)
- Attendant care and household services
- Lost wages/decreased earning capacity
- Lifestyle modifications—such as altercations to a person’s home or vehicle
Noneconomic damages, which are more subjective and more likely to require an experienced attorney, include:
- Pain and suffering
- Mental anguish
- Fright and shock
- Loss of enjoyment of life
- Embarrassment, humiliation, or mortification
- Scars and disfigurements
What is the statute of limitations for filing a head-on collision lawsuit in Michigan?
In Michigan, if you’ve been injured in a head-on collision, you generally have three years from the date of the accident to file a lawsuit against the at-fault driver for your injuries. This three-year period is known as the “statute of limitations.” It applies to both bodily injury and wrongful death claims.
Although there are some exceptions to this rule, it is best to assume that the time limit for filing an auto accident claim is three years from the date of the collision.
In addition, the statute of limitations for uninsured motorist (UM) and underinsured motorist (UIM) claims may be shorter or longer than three years, depending on the language in your insurance policy.
Lastly, you should know that there are also important statutes of limitations that apply to an injured person’s right to claim no-fault benefits. Specifically, you have one (1) year from the date of your head on crash to file an application for No-Fault benefits. Failure to file within that period of time will result in your loss of your right to collect or sue for No-Fault benefits.
Consulting with an experienced attorney as soon as possible after your accident will make a significant difference in your settlement. Not only will your lawyer file your claim in a timely manner, but having your lawyer involved quickly will help with the preservation of evidence and the gathering of witness statements while memories are still fresh.
Can I sue if injured in a head-on collision in Michigan?
In Michigan, you can file a lawsuit if you’ve been injured in a head-on collision, even if you are partially at fault. Injured drivers can sue the at-fault driver for economic damages such as medical expenses, as well as for their pain and suffering (although you will need to show that you suffered a “serious impairment of body function”). This requirement is a threshold test that any person injured in a crash must first meet in order to recover pain and suffering compensation.
What happens if someone dies in a head-on collision in Michigan?
In Michigan, if you lose a loved one in a head-on collision, you and your family have legal rights. Surviving family members may be able to file a “wrongful death” claim against the at-fault driver.
In this type of case, you can sue for the loss of your loved one’s companionship, services, income, and other associated damages, including funeral and burial expenses.
Dependents of your loved one may also be able to recover No-Fault survivor’s loss benefits.
Can a lawyer help me with my case?
An experienced auto accident attorney often makes all the difference when it comes to your settlement. Having an attorney with a reputation for taking cases to trial is proven to lead to much higher settlements (up to four times higher). The experienced car accident lawyers at Michigan Auto Law have been helping families like yours for 50 years, and our results speak for themselves. We continue to secure the largest verdicts and settlements in Michigan year after year, including the largest auto and truck accident cases ever reported by a Michigan attorney or law firm.
Injured in a full-frontal crash in Michigan? Call the attorneys at Michigan Auto Law now for a free consultation!
If you were injured in a head-on collision in Michigan and you have concerns and questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, call now (800) 968-1001 for a free consultation with an experienced car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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