Head-On Collisions
Car Accident Lawyers Helping Grand Rapids, Traverse City, and Detroit Residents
Head-on collisions are relatively rare, but they are also some of the most dangerous types of car accidents that occur. They often result in catastrophic injuries, such as brain trauma, spinal cord damage, or even a tragic death. In a head-on crash, two cars travel toward each other such that the fronts of their vehicles collide. If you are injured or have lost a loved one in a head-on collision, you should consult the Detroit, Traverse City, and Grand Rapids car accident lawyers at Neumann Law Group. Our principal, Kelly Neumann, is an award-winning trial attorney, and each year for the past several years she has secured over $3 million in personal injury cases.
Asserting Your Right to Compensation After a Head-On Collision
If you are ever in a situation in which a head-on collision is possible, you should avoid it to whatever extent you can. On some Michigan highways, steel wire cable has been installed to try to avoid having these crashes at high speeds. Running into the cables can cause some minor to moderate injuries. However, a head-on collision can be fatal.
Head-on crashes are often the result of negligence, such as when someone is driving the wrong way, using excessive speed, getting distracted while driving, or under the influence of drugs or alcohol. On some occasions, it may be the result of negligence by the government or a construction company that has failed to appropriately warn the public about roadwork, which leads to a driver not realizing that he or she is going the wrong direction on a one-way road.
In all car accidents in Michigan, which is a no-fault state, an injured person turns first to his or her own insurer to recover PIP benefits for certain economic losses. However, in most cases, head-on collisions result in threshold injuries that allow a victim to sue an at-fault driver for noneconomic losses, such as pain and suffering, emotional distress, and loss of consortium. The plaintiff typically will need to establish negligence by proving the defendant’s duty of care, a breach of duty, causation, and damages.
In some cases, a statute defines the defendant’s duty. For example, if a driver travels the wrong way down a road and thereby violates a Michigan statute, it may be possible to sue the driver under a theory of negligence per se (negligence as a matter of law), which means that negligence is presumed.
Tragically, a head-on collision may result in death to one or more drivers. A decedent’s estate may sue for wrongful death in order to recover damages on behalf of family members. The personal representative of the estate will need to provide notice to all family members within 30 days of filing the lawsuit, and certain family members have 60 days after receiving notice to let the representative know about the damages that they have suffered as a result of the loss.
Much like in other states, Michigan legislation imposes constraints on the timeframe within which a plaintiff can initiate a personal injury or wrongful death claim after a head-on collision—this is commonly referred to as the statute of limitations. In the state of Michigan, you are granted a three-year window from the accident date to formally file a personal injury case. Wrongful death claims may also be filed within three years of the date of the accident. Other tort cases may be subject to a shorter statute of limitations. For example, cases involving medical malpractice are subject to a two-year statute of limitations. Under some circumstances, a statute of limitations can be extended if the plaintiff did not know about their injury until later, or a defendant obstructed the claim process in bad faith. The injury attorneys at Neumann Law Group can advise you if you may have a valid claim, even for incidents that occurred more than three years ago.
Contact a Skilled Michigan Car Accident Attorney in Traverse City, Grand Rapids, or Detroit
Head-on crashes can have a devastating impact on everyone who is involved, particularly if they occur at high speeds. The Detroit, Grand Rapids, and Traverse City car accident lawyers at Neumann Law Group may be able to help you recover any economic and noneconomic damages to which you may be entitled. We represent victims and their families in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula, as well as in California and Massachusetts. Contact us at 800-525-NEUMANN or via our online form for a free consultation with a motor vehicle collision attorney.