Head-on collisions are among the deadliest types of car crashes in Kentucky, often leading to severe injuries and fatalities. This is not surprising, as the force generated by two vehicles coming at each other is twice as strong as in other types of collisions such as rear-end or T-bone crashes. When a driver swerves into oncoming traffic or travels in the wrong direction down a one-way street, it often leaves other drivers with little opportunity to react and no place to go. The ensuing collision concentrates the maximum amount of momentum and energy, increasing the risk of injury and death.
If you or a loved one was injured or someone has died in a head-on crash, you may be entitled to compensation for the damages you sustained for medical expenses, lost wages, property loss, pain and suffering, or wrongful death. However, Kentucky injury laws are complicated and compensation is reduced for anyone who contributes to the accident, so it is important to determine who is at fault in a head-on collision. This process falls under negligence law and involves careful investigations, accident reconstruction, and testimony of expert witnesses. An experienced car accident lawyer can help.
Common Causes for Head-on Collisions
Head-on collisions happen most often when a car crosses into an opposing lane of traffic and strikes a car going in the other direction or when drivers travel the wrong way on one-way roads or highways. There are several common causes of this type of motor vehicle accident:
- Distracted driving: Drivers who are texting, talking on the phone, or are otherwise not paying attention to the road may cross into opposing lanes and strike other drivers or stationary objects head on.
- Driving while impaired: Drunk driving or driving under the influence of drugs can cause a driver to swerve, behave unsafely, and veer across lanes into the front of other vehicles.
- Driving while fatigued: A tired driver could close their eyes, fall asleep, or have slower reaction times and thus lose control of the vehicle.
- Driving the wrong way: Drivers who are confused or distracted or not paying attention can erroneously enter a one-way street or a highway going in the wrong direction.
- Passing improperly: Drivers may cross a double yellow line to pass illegally or attempt to pass without enough time or space on two-lane roads, hitting drivers who are going in the other direction.
- Reckless driving: Reckless driving, tailgating, or speeding could cause a driver to lose control over their vehicle, causing them to crash into opposing traffic or objects.
- Poor weather conditions: Failing to adjust driving to weather conditions such as fog, ice, snow, rain, low visibility or slippery roads can lead to loss of control and a crash.
- Poor road conditions: Poorly designed roads, inadequate signage and warnings, or debris left on roads can cause a vehicle to veer in the wrong direction.
Fatal Car Accidents Statistics
According to the Kentucky Department of Transportation, there were 814 crash fatalities in the state in 2023. Alcohol was a cause in 18 % of these fatalities, and the preponderance occurred to people aged 25 to 64. While relatively rare, head-on collisions account for approximately 11% of all traffic fatalities.
According to TRIP, a national transportation research nonprofit, the number of traffic fatalities in Kentucky increased 30 percent from 2013 to 2023, while the fatality rate per 100 million vehicle miles of travel (VMT) increased 22 percent during that period. Despite decreasing from 2021 to 2022, the number and rate of fatalities increased significantly again in 2023. Fatal and serious traffic crashes in Kentucky in 2023 caused a total of $33.5 billion in the value of societal harm, which includes $8.3 billion in economic costs and $25.2 billion in quality-of-life costs.
How Fault is Determined in Head-on Collisions
Proving fault in head-on collisions involves the principle of negligence, based on the failure to exercise reasonable care to prevent causing harm to others. Evidence needs to be produced to determine whether each driver exercised reasonable care and whether there were contributing factors such as driving while distracted, impaired, or intoxicated, or poor weather or road conditions.
To prove fault legally, a car accident lawyer must be able to show that the defendant in the case violated the four components of negligence:
- Duty: The defendant had a duty not to cause harm to you, the plaintiff.
- Breach: The defendant breached that duty by actions or failure to act.
- Cause: This breach caused your injury.
- Damages: You suffered real harm or losses as a result.
Once your attorney can show negligence, Kentucky allows compensation for both your economic and non-economic damages.
Economic damages – These are awarded to cover your monetary losses for costs that include medical and therapy bills, property damaged in the accident, and lost wages if you are unable to work.
Non-economic damages – These are for the non-monetary ways the injuries negatively impact your life, such as through permanent disability, physical and emotional pain and suffering, or loss of consortium and enjoyment of life.
In some rare cases, you may also be awarded punitive damages, to punish the defendant and discourage similar behavior in the future. These damages may be awarded if the accident was caused by gross negligence or intentional misconduct, like a head-on collision caused by a drunk driver.
To prove fault in a head-on collision, your attorney would utilize several types of evidence and investigative methods, including:
- Examining the scene for physical evidence such as vehicle damage, skid marks, road debris, and the final positions of the vehicles
- Interviewing eyewitnesses and first responders
- Information from police reports
- Photos and videos from surveillance and traffic cameras
- Expert testimony from accident reconstruction experts.
There are times when both parties did something that contributed to a head-on collision. Kentucky follows comparative negligence rules (KRS 411.182). In this case, if you have done anything to contribute to the accident, the amount you will receive is reduced by the percentage of fault you are determined to have. For example, if you were injured in a car wreck and found to be 30% at fault, you would receive $70,000 if the settlement was for $100,000.
Get Help After a Head-on Collision
Head-on collisions are complicated, but there is help available. After a serious accident, the experienced personal injury lawyers at the Johnson Law Firm offer a free consultation to evaluate your situation and determine the compensation you deserve.
Attorney Billy Johnson has the expertise and the resources to investigate your case, determine responsibility and the extent of damages, establish your claim, and handle all legal requirements, court filings, and negotiations involved with recovering full financial compensation. We get results, such as the $24 million settlement awarded in a recent truck wreck case on first day of trial.
Call us today to get started. We work on a contingency basis so there are no costs to you unless and until we win your case.
GET HELP NOW 606-437-4488