Michigan Head On Collision Accident Law: Can I Sue?

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 front 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 In Michigan
In Michigan, 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 moving toward 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 front-to-front. If there’s only one lane, pull to the right and onto the shoulder if necessary to avoid the accident. 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 accident. 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 steer off enough so that instead of a frontal accident with the other vehicle, you only sideswipe each other. Your chances of survival are much better if you avoid a frontal impact with the other vehicle.
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What To Do After A Head On Collision In Michigan?
In Michigan, after a head on collision, your first priority is safety. Move to a safe location if possible, check for injuries, and call 911 for medical assistance and police. Seek immediate medical attention even if injuries seem minor, as some symptoms may appear later.
Document the accident carefully: take photos of the scene, vehicles, and any visible injuries, exchange contact and insurance information with other drivers, and gather witness statements if available. Notify your insurance company promptly, but avoid admitting fault or giving recorded statements without consulting a lawyer. Early legal guidance can help preserve evidence, protect your rights, and ensure you receive full compensation for medical expenses, lost wages, and other damages.
Ensure safety first
After a head on collision in Michigan, your immediate priority is safety. Move yourself and passengers to a secure location if possible, away from oncoming traffic or other hazards. Check for injuries and call 911 to report the accident and request medical assistance for anyone who may be hurt. Even seemingly minor injuries should be evaluated, as some symptoms may appear hours or days later.
Once everyone is safe, take steps to protect the scene and gather important information. Turn on hazard lights, document the accident with photos, and exchange contact and insurance details with other drivers. Avoid admitting fault or giving recorded statements to insurers until you have spoken with a lawyer. Ensuring safety first not only protects you and others at the scene but also preserves critical evidence for your auto accident claim.
Seek immediate medical attention
In Michigan, after a head on collision, it’s critical to seek immediate medical attention, even if you feel fine. Some injuries, such as internal bleeding, whiplash, or concussions, may not be immediately obvious but can worsen quickly if left untreated. Prompt evaluation ensures you receive the care you need and helps prevent long-term complications.
Seeking medical attention also plays a key role in protecting your legal rights. Medical records provide essential documentation of your injuries and their connection to the accident, which can be used in insurance claims or potential lawsuits. By getting checked by a healthcare professional right away, you safeguard both your health and your ability to recover full compensation.
Document the scene
After a head on collision in Michigan, documenting the scene is essential for both safety and legal purposes. Take clear photos of all vehicles involved, the surrounding area, skid marks, road conditions, traffic signs, and any visible injuries. Gathering this evidence immediately helps preserve details that may be lost or altered over time.
In addition to photos, collect witness statements and contact information, and write down your own account of the accident while it’s fresh in your memory. Proper documentation provides a factual record that supports insurance claims and potential legal action. Taking these steps ensures your rights are protected and strengthens your case for full compensation.
Exchange information
In Michigan, after a head on collision, it’s important to exchange information with all parties involved in a safe and organized manner. Collect names, phone numbers, addresses, driver’s license numbers, and insurance details from other drivers. If passengers or witnesses are present, gather their contact information as well, as they may provide valuable accounts of the accident.
Exchanging information not only facilitates insurance claims but also helps ensure that any future legal or medical matters can be properly addressed. Be sure to remain calm and avoid admitting fault while sharing details. Properly documenting and exchanging information protects your rights and supports your ability to recover full compensation.
Gather witness information
After a head on collision in Michigan, gathering witness information can be crucial to supporting your account of the accident. If bystanders or passengers saw what happened, ask for their names and contact details, and, if possible, record a brief summary of what they observed. Witness statements can help clarify fault and provide independent accounts of the crash.
Keeping accurate witness information strengthens both insurance claims and potential legal cases. Even if the accident seems straightforward, these independent perspectives can be valuable if liability is disputed. Collecting this information promptly ensures it is reliable and preserves your ability to recover full compensation.
Notify your insurance company
In Michigan, after a head on collision, it’s important to notify your insurance company as soon as possible. Prompt reporting ensures your claim is officially recorded, which helps protect your coverage and meet any policy deadlines. Provide the facts of the accident clearly and accurately, but avoid admitting fault or speculating about what happened.
Notifying your insurer early also allows the claims process to begin quickly, helping you get vehicle repairs, medical reimbursements, and other benefits sooner. Keeping detailed records of your communication with the insurance company strengthens your claim and ensures you are prepared if any disputes arise.
Avoid giving recorded statements
After a head on collision in Michigan, it’s important to avoid giving recorded statements to the other driver’s insurance company without consulting a lawyer. Even seemingly harmless comments can be misinterpreted or used against you when determining fault or the value of your claim. It’s best to provide only basic information, such as your contact details and insurance policy number.
By waiting to speak with an experienced auto accident lawyer, you ensure that any statements you give are accurate and do not jeopardize your legal rights. This approach protects your claim for medical expenses, lost wages, pain and suffering, and other damages while allowing your attorney to guide the communication with insurers effectively.
Preserve evidence
In Michigan, after a head on collision, preserving evidence is crucial to supporting your claim and protecting your legal rights. Keep all documentation related to the accident, including photos of vehicles and the scene, medical records, repair estimates, invoices, and any correspondence with insurance companies. This evidence provides a clear record of your injuries, damages, and the circumstances of the crash.
Properly preserved evidence strengthens your case when negotiating with insurers or pursuing legal action. By maintaining organized records and safeguarding all relevant materials, you ensure that your claim accurately reflects the full scope of your losses and helps maximize your potential compensation.
Consult a lawyer
After a head on collision in Michigan, consulting an experienced auto accident lawyer can be essential to protecting your rights and maximizing your recovery. A lawyer can help determine fault, navigate the complexities of our state’s No-Fault system, and ensure your claim accounts for medical bills, lost wages, pain and suffering, and future care needs.
Having legal guidance early also helps preserve critical evidence, meet deadlines, and handle communications with insurance companies. Even in cases that seem straightforward, a lawyer provides expertise and advocacy to make sure you receive full compensation and avoid common pitfalls when dealing with insurers or potential legal disputes.
Can You Survive A Head On Collision In Michigan?
In Michigan, 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 In Michigan?
Yes, you can die from head on collisions in Michigan. 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 frontal accidents can be:
- Approximately 12.6% of all traffic deaths in the U.S. in one year involved 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.”
Who Is At Fault In A Head On Collision In Michigan?
In Michigan, fault in a head on collision is usually assigned to the driver who crosses the centerline or enters oncoming traffic, violating state traffic laws. Liability can be shared under our state’s comparative negligence rules if the other driver’s actions, like speeding or distracted driving, contributed. Police reports, witness statements, skid marks, vehicle damage, and road conditions are all considered when determining responsibility. Each accident is evaluated individually, and fault may be partially assigned to both drivers depending on the circumstances.
Can I File A Lawsuit For A Head On Collision In Michigan?
In Michigan, you can file a lawsuit for a head on collision, but only if your injuries meet the state’s serious impairment threshold, such as permanent disability, significant disfigurement, or substantial loss of bodily function. While our state’s no-fault system covers medical bills and lost wages through your own insurance, a lawsuit allows you to pursue damages from the at-fault driver for severe injuries or property damage not fully covered by insurance. Consulting a personal injury lawyer is recommended to navigate deadlines, comparative negligence, and the complexities of no-fault laws.
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What Types Of Compensation Are Available?
Victims of a crash may be entitled to several types of compensation, depending on the severity of injuries and circumstances of the crash. Available compensation generally includes:
- Medical Expenses – Coverage for past and future medical treatment, hospital stays, surgeries, rehabilitation, prescription medications, and specialized care.
- Lost Wages – Compensation for income lost due to injury, including reduced earning capacity if the injuries affect long-term employment.
- Pain and Suffering – Damages for physical pain, emotional distress, and reduced quality of life resulting from the accident.
- Property Damage – Reimbursement for repair or replacement of your vehicle and any personal property damaged in the accident.
- Out-of-Pocket Expenses – Costs such as transportation to medical appointments, home care, or assistive devices.
- Punitive Damages – In rare cases where the at-fault driver’s actions were reckless or intentional, courts may award additional damages to punish egregious behavior.
Because our state has a no-fault system, your own insurance usually covers medical bills and lost wages first, but lawsuits against the at-fault driver are possible for serious injuries or damages not fully compensated by insurance.
What Is The Statute Of Limitations For Filing A Head On Collision Lawsuit In Michigan?
In Michigan, the statute of limitations for filing a lawsuit after a head on collision is three years from the date of the crash if you meet our state’s serious impairment threshold. This means you must file your lawsuit within three years of the crash, or you will likely lose your right to pursue legal damages. (MCL 600.5805)
For property damage claims, the statute of limitations is usually 3 years as well. (MCL 600.5805)
It’s important to note that there are exceptions that can shorten or extend these deadlines, such as claims against government entities, minors, or cases involving delayed discovery of injuries. Consulting a car accident lawyer ensures you meet all deadlines and preserve your right to compensation.
How Long Do I Have To Claim No Fault Benefits?
In our state, you generally have one year from the date of the accident to file a claim for No Fault insurance benefits. These benefits cover medical expenses, wage loss, and other allowable out-of-pocket costs. (MCL 500.3145)
It’s important to file promptly because late claims can be denied, and insurers are strict about this 1-year deadline. If your claim involves ongoing treatment or delayed injuries, documentation from medical providers can help support your request for benefits.
For complex situations—like disputes with the insurance company or multiple liable parties—consulting an experienced car accident lawyer early can help ensure you don’t miss filing deadlines and that you receive the full benefits you’re entitled to.
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.
Do I Need A Lawyer For A Head On Collision In Michigan?
In Michigan, you are not required to hire a lawyer after a head on collision, but having one is highly recommended. These accidents often involve serious injuries, extensive property damage, and complex liability issues. A skilled auto accident lawyer can help determine fault, gather evidence, and ensure all aspects of your claim are properly documented.
A lawyer also handles negotiations with insurance companies, making sure your claim accounts for medical expenses, lost wages, pain and suffering, and future care needs. They can guide you through our state’s No-Fault system and meet critical deadlines, while also representing you in court if necessary. Legal guidance ensures you maximize your recovery and avoid common pitfalls when dealing with insurers.
When To Get A Lawyer For A Head On Collision In Michigan?
In Michigan, it’s wise to contact a lawyer as soon as possible after a head on collision, especially if serious injuries, extensive vehicle damage, or multiple parties are involved. Early legal guidance ensures evidence is preserved, deadlines are met, and fault is properly established.
A lawyer can help navigate our state’s No-Fault system, handle insurance negotiations, and make sure your claim accounts for medical expenses, lost wages, pain and suffering, and future care needs. Even in cases that seem straightforward, having legal support can protect your rights and maximize your recovery.
How Long Does a Settlement Take?
The time it takes to settle a claim varies based on case complexity, injury severity, and insurance negotiations. Minor injury claims with clear liability may settle in a few months, while serious injuries, disputed fault, or multiple liable parties can take a year or more. No-fault insurance covers some medical and wage losses quickly, but full compensation for severe injuries often requires negotiation or litigation.
To help speed up a settlement, it’s important to document everything from the crash, including medical records, repair estimates, witness statements, and photographs of the scene and vehicle damage. Working with an experienced car accident lawyer can also improve your chances of a fair settlement, as they can handle negotiations with insurance companies, accurately calculate future medical and wage losses, and ensure all legal deadlines are met.
What Factors Influence The Settlement Value?
The settlement value of a claim depends on several factors, including the severity of injuries, past and future medical expenses, lost wages and long-term earning capacity, and pain and suffering. Property damage, insurance policy limits, and comparative fault under state law also affect compensation. Well-documented evidence such as medical records, police reports, photos, and witness statements can strengthen the claim and potentially increase the settlement amount.
Working with an experienced auto accident lawyer can significantly impact your settlement. A lawyer can accurately assess the full value of your claim, gather and present evidence, negotiate with insurance companies, and ensure that future medical costs and long-term losses are fully considered. Legal guidance also helps protect your rights under our state’s no-fault and comparative negligence laws.
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Why Choose The Lawyers At Michigan Auto Law For Your Head On Collision Case?
Michigan Auto Law is uniquely qualified to handle head on collision injury claims due to our exclusive and specialized focus on auto accident cases for more than 50 years. This deep specialization allows us to navigate our state’s complex No-Fault and third-party injury laws with precision, ensuring that your injury claims are properly evaluated, documented, and pursued for full compensation.
Our law firm is also one of the most awarded and recognized auto crash injury law firms in the state, with attorneys consistently named among Super Lawyers, Best Lawyers in America, Best Law Firms and holding the highest ethical and legal ratings from Martindale-Hubbell. We have secured record-setting verdicts and settlements — including multiple eight-figure recoveries — demonstrating a proven ability to maximize compensation in serious injury cases.
Clients also benefit from a personalized, client-first approach. Each case receives focused attention, clear communication, and compassionate support, and clients pay no legal fees unless compensation is recovered. With over 3,000 five-star reviews and decades of peer recognition, We combine legal excellence with trusted advocacy for people injured in automobile crashes.
Injured In A Head On Collision In Michigan And Need A Lawyer? Call Our Attorneys 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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Unlike other law firms, attorneys are never too busy to promptly return phone calls and answer questions.
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More importantly, this client-focused approach leads to better and faster settlements for our clients. We have recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in the state. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.
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