Chicago Head-On Collision Attorney
If you were injured or your loved one died in a head-on collision, you may be entitled to compensation from the at-fault driver’s insurance company.
At Ankin Law, our experienced head-on collision attorneys in Chicago know that high-impact frontal crashes like those that occur on Lake Shore Drive, I-90, and I-294 often result in catastrophic injuries or fatal outcomes. We understand the complex factors involved in frontal impact cases, from accident reconstruction to dealing with insurance companies who try to minimize your claim. We’re here to guide you through the legal process, so you can focus on recovering.
Our law firm has recovered millions for victims of front-end collisions in Cook County, DuPage County, and throughout Illinois. We offer:
- FREE case reviews
- 24/7 assistance
- Over 100 years of combined experience
Contact a Chicago head-on collision attorney at Ankin Law to file your claim. Call (312) 600-0000.
Table of Contents
Causes of Head-On Collisions
Head-on collisions occur when one vehicle collides with another vehicle that is traveling in the opposite direction. Head-on collisions are among the most dangerous types of car accidents, often resulting in severe injuries or fatalities. Understanding the primary causes of these accidents is crucial for drivers to stay vigilant and reduce the risk.
Distracted Driving
Distracted driving is a leading cause of all types of accidents, including head-on collisions. When drivers are focused on their phones, passengers, or other distractions, they may fail to notice when they drift into oncoming traffic. This lapse in attention can have life-changing consequences, especially at high speeds.
Impaired Driving
Driving under the influence of alcohol or drugs impairs a driver’s judgment, reaction time, and coordination. Impaired drivers are more likely to veer into oncoming lanes, resulting in dangerous head-on collisions. Even legal substances, like prescription medications, can affect a driver’s ability to operate a vehicle safely.
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Speeding
Excessive speed can make it difficult for drivers to react to unexpected obstacles or changes in traffic conditions. When a driver is speeding, the likelihood of losing control increases, and if they cross into oncoming traffic, the impact of a head-on collision can be catastrophic.
Fatigue
The dangers associated with drowsy driving are often underestimated, but is a serious risk factor for head-on collisions. Tired drivers may experience lapses in attention or even fall asleep at the wheel. When fatigue sets in, a driver is more likely to drift into oncoming traffic, leading to potentially fatal accidents.
Poor Road Conditions
Weather conditions, such as rain, snow, or fog, can affect driving safety. Slippery roads can cause drivers to lose control, while poor visibility can lead to misjudgments about distance and speed. Additionally, poorly maintained roads, such as those with potholes or inadequate signage, can contribute to accidents.
Driving Errors
Simple mistakes, like misjudging the distance of oncoming vehicles or failing to signal a turn, can lead to serious accidents. In rural areas, where roads may be narrow or winding, the risk of a head-on collision increases if drivers do not remain vigilant or make poor decisions.
Wrong-Way Driving
Driving the wrong way on a one-way street or highway is a clear recipe for disaster. This often happens due to confusion, especially at intersections or exits. Drivers who find themselves going the wrong way are at high risk of colliding head-on with oncoming vehicles.
Mechanical Failures
Vehicle malfunctions, such as brake failure or tire blowouts, can lead to loss of control and subsequent head-on collisions. Regular vehicle maintenance is essential to minimize these risks and ensure that your vehicle is roadworthy.
Understanding the causes of head-on collisions is essential for those considering legal action following such an accident. If you or a loved one has been involved in a head-on collision due to another driver’s negligence, you have the right to pursue compensation for your injuries and damages. An experienced car accident attorney can provide valuable guidance on navigating the complexities of head-on accident lawsuits.
At Ankin Law, we are committed to helping victims seek justice and recover from their accidents. Call (312) 600-0000.
Center:
Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Who Can I Sue for a Head-on Collision?
In the aftermath of a head-on collision, determining who can be held liable is crucial for pursuing compensation for injuries and damages. Such accidents often lead to legal scenarios, as multiple parties may share fault.
The Other Driver
The most common party to sue in a head-on collision is the other driver involved in the accident. If that driver was negligent—whether through reckless driving, distracted driving, or driving under the influence—they may be held liable for your damages.
Vehicle Owners
The person driving the vehicle may not own it. If the driver was using a vehicle owned by someone else—say, a friend or family member—the owner could be held liable under the legal principle of “vicarious liability.” This principle holds that an employer or vehicle owner may be responsible for damages caused by someone driving their vehicle with permission.
Manufacturers and Mechanics
If the head-on collision was caused by a mechanical failure, you might consider suing the vehicle manufacturer or mechanic. For example, if faulty brakes led to the accident, the manufacturer could be liable for producing a defective product. Similarly, if improper maintenance by a mechanic caused a vehicle to malfunction, you could pursue a case against that mechanic for negligence.
Local Government or Road Authorities
Sometimes, poor road conditions or lack of proper signage contribute to head-on collisions. If the accident was caused by hazardous road conditions, you might have grounds to sue local government entities responsible for road maintenance. This could include issues like potholes, unclear signage, or lack of barriers on dangerous roads. However, suing a government entity often comes with procedural requirements, such as filing a notice of claim within a limited timeframe.
Insurance Companies
After a head-on collision, you will likely file a claim with the at-fault driver’s insurance company. If the insurance company refuses to pay a fair settlement or disputes liability, you may consider legal action against them. In such cases, an experienced attorney can help you negotiate and, if necessary, file a lawsuit to seek compensation.
Determining who to sue after a head-on collision involves analyzing the circumstances of the accident. Whether it’s the other driver, vehicle owners, manufacturers, local government, or insurance companies, understanding your options is essential for securing compensation.
How Much Is My Accident Claim Worth?
The value of a car accident claim is influenced by various factors. The settlement you receive will be based on the damages available in your case and the other losses you sustain. Understanding these elements is crucial for anyone seeking compensation after an accident.
Factors Influencing the Value of a Car Accident Claim
Several factors determine the amount of losses, or damages, you sustain from your accident.
- Severity of Injuries: The nature and extent of injuries sustained in the accident can influence the degree of damages endured. Severe injuries, such as fractures, head trauma, or spinal injuries, often lead to higher medical expenses and longer recovery times, increasing the claim’s value. Conversely, minor injuries, such as bruises or cuts, typically result in lower compensation.
- Medical Expenses: The total cost of medical treatment directly impacts the claim’s worth. This includes emergency room visits, surgeries, rehabilitation, and ongoing therapy. Future medical expenses, which may arise from long-term care or chronic pain management, also factor into the overall value.
- Lost Wages: If your injuries prevent you from working, the income you lose during recovery is recoverable. This includes not only the wages lost during your absence, but also future earnings if the injury affects your ability to work long-term.
- Property Damage: The extent of damage to your vehicle and other property plays a role in determining the claim’s value. This includes repair costs and the diminished value of the vehicle if it’s deemed a total loss. Documentation, such as repair estimates and photos, is essential for establishing the extent of the damage.
- Insurance Coverage: The type and amount of insurance coverage held by the at-fault party can limit the compensation you receive. If the responsible driver has minimal coverage, your ability to recover damages may be restricted, making it vital to understand the insurance policies involved.
- Comparative Fault: Comparative fault impacts the claim’s value. If you are found partially at fault for the accident, your compensation may be reduced based on your percentage of liability. For example, if you are found 20% at fault, your damages may be reduced by that amount.
Types of Damages Recoverable
When pursuing a car accident claim, there are several types of damages you may recover:
Economic Damages
These are quantifiable monetary losses, including:
- Initial medical treatment costs
- Long term care costs
- Costs for prescriptions and medical equipment
- Lost wages
- Property damage
Non-Economic Damages
These damages are more subjective and may include:
- Pain and suffering
- Loss of consortium
- Emotional injury treatment costs
Punitive Damages
In cases of egregious conduct, such as driving under the influence or extreme recklessness, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future. These are typically not awarded in car accident cases unless specific criteria are met.
Understanding the factors influencing the value of a claim and the types of damages recoverable is essential for anyone involved in an accident. Each case is unique, and working with a personal injury attorney can help you navigate the complexities of your situation, ensuring you pursue the full compensation you need.
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Ankin Law did a great job with my case, more specifically my lawyer Maria Merman who was amazing throughout the entire process. She worked extremely hard to get a great settlement offer and I appreciate it very much!
Can I Sue for a Head-on Collision?
You can sue for a head-on collision if you were injured due to another party’s negligence. To pursue a claim, you must demonstrate that the other driver breached their duty of care, causing the accident and your resulting injuries. Defendants include the other driver, vehicle owners, or even municipalities if road conditions contributed to the crash. It’s essential to gather evidence, such as accident reports and medical records, and consult with a head-on collision injury attorney to navigate the legal process and maximize your chances of receiving compensation.
How Long Do I Have to File a Car Accident Claim?
In Illinois, you generally have two years from the date of the car accident to file a personal injury claim. For property damage claims, the timeframe is also two years. It’s important to adhere to this deadline, as failing to file within the statute of limitations can result in losing your right to seek compensation. Additionally, if you plan to file a claim with an insurance company, check their accident reporting deadlines, as they may differ. To protect your rights, it’s best to initiate the claims process as soon as possible after the accident.
What if I Was Partially at-Fault for my Crash?
If you were partially at fault for your crash, you may still be able to recover compensation in Illinois, thanks to its comparative negligence law. This means your total damages will be reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages amount to $10,000, you could recover $8,000. However, if you’re found to be more than 50% at fault, you may be barred from recovering any compensation. It’s essential to consult with an attorney to assess your situation.