Have you heard that around 10 percent of U.S. traffic fatalities each year are a result of head-on collisions? Head-on accidents typically result in severe or life-threatening injuries and extensive property damage, especially at higher speeds. You or a loved one may need extended medical treatment, which may require significant time away from work. Your vehicle will likely need to be replaced, as well.
Expenses can mount at a time when your ability to earn income may be impacted, leaving you wondering what to do. If another driver caused your head-on crash, you may be able to obtain compensation. Handling a claim successfully takes time and effort, along with knowing how to achieve a favorable outcome. Call our car accident lawyers in El Paso to learn about your legal rights and options for financial recovery.
Why Choose Cal Mundell Injury Law for Your El Paso Head-on Collision Case?
At Cal Mundell Law Firm, PLLC, we focus on personal injury cases. Attorney Cal Mundell knows how to combat insurance company tactics because he used to work for them. His experience can provide you with an unmistakable advantage. You will not pay fees unless we win, so you have nothing to lose and everything to gain by requesting your free consultation.
Head-On Crashes: What You Need to Know
Any car accident can be dangerous. Head-on collisions, in particular, often have devastating consequences. These crashes happen when the fronts of two vehicles traveling in opposite directions hit each other, multiplying the forces of a collision.
Common Injuries in a Head-On Crash in El Paso
Common injuries resulting from a head-on collision include:
- Catastrophic injuries such as spinal cord damage, paralysis, traumatic brain injury, severe burns, amputations, and blindness
- Multiple broken bones
- Facial trauma, including disfigurement
- Extensive soft tissue and internal organ damage
- Severe cuts
- Airbag and seat belt injuries
In addition to these physical wounds, injured head-on accident victims may also experience significant pain and suffering, affecting their ability to enjoy life.
Frequent Causes of Head-On Collisions
The majority of head-on crashes happen because a driver is:
- Driving aggressively or recklessly
- Under the influence of drugs or alcohol
- Speeding
- Going the wrong way in a traffic lane or road
- Misinterpreting road or street signs
- Weaving between lanes into oncoming traffic
- Distracted
- Falling asleep
Regardless of the cause, a head-on car accident has the potential to be deadly. While injuries and property damage are usually more severe at higher speeds, even low-speed head-on crashes can result in significant wounds.
What Damages Are Available in a Head-On Collision in El Paso?
Many head-on collisions affect the injured victim’s quality of life. Depending on the circumstances of your accident, you may qualify for reimbursement and compensation for several types of damages, including:
- Medical expenses
- Lost wages
- Replacement services
- Property damage
- Losing the ability to enjoy your life
- Permanent disability or disfigurement
- Pain and suffering
Seeking these damages is different than obtaining a reasonable settlement. Insurance companies often try to take advantage of injured accident victims to minimize payouts. Our firm will calculate your damages and help you fight for your right to fair compensation.
How an El Paso Car Accident Attorney Can Help
After a head-on collision, you need to concentrate on your recovery, and you should not have to worry about how to handle a car accident claim. Your legal team at Cal Mundell Law Firm, PLLC can help you with many tasks. We will:
- Offer information and explain legal options
- Perform case-related administrative tasks
- Investigate your accident and gather evidence to support your claim
- Speak to insurance company representatives on your behalf
- Negotiate a favorable settlement or file a civil lawsuit and take your case to trial
Did you know that people with legal representation usually receive significantly higher compensation? That is because we know which laws apply, the challenges often present in these complex cases, and how to overcome insurance company tactics. If a loved one lost their life in a head-on collision, we can also help eligible survivors seek justice through a wrongful death claim. Reach out to our wrongful death attorney in El Paso to learn more.
Common Insurance Company Tactics In an El Paso Head-On Collision Claim
Despite their glossy ads and compassionate tones, an insurance company is not on your side after an accident. Insurance companies prioritize their profits and are ready to do so at your expense. After a head-on collision with serious damages like medical expenses, lost wages, and pain and suffering, it’s important to recognize the common strategies insurance companies use to minimize their payouts or deny claims. After an accident, an insurance company may do the following:
- Reach out soon after the accident to offer a low-ball settlement before you know the full extent of your damages—acceptance means you sign away the right to file a lawsuit
- Ask you to sign a medical authorization so the insurance adjuster can review the details of your car accident injuries, and then use the authorization to comb through your medical history seeking a previous injury or medical condition they can claim as the cause of your symptoms
- Deny that your doctor’s recommended treatment is necessary for your injury
- Call you on a recorded line and then use your words out of context against you as an admission of fault or an acknowledgment that you aren’t as seriously injured as you claim
- Endlessly delay progress on your claim, hoping that you will give up and accept a low settlement, or push your case closer to the statute of limitations so you cannot go to court
Finally, the most effective tactic insurance companies use against injury victims is to assign them an undue percentage of fault under the state’s modified comparative negligence laws to reduce the value of the claim or shift liability to the injury victim by asserting that they caused the collision.
How Does an Insurance Company Use the Texas Modified Comparative Negligence Insurance System Against You?
Texas is a fault-based car accident state. Unlike the handful of no-fault insurance states where accident victims are required to file claims against their own insurance regardless of fault, in Texas, it matters who causes a car accident. Under Texas Civil Code Sec. 33.001, the law states the following:
“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
In other words, by shifting liability to a head-on collision injury victim in Texas, the insurance company can deny your claim completely by stating that you were 51% at fault. Alternatively, they can approve your claim but reduce the amount they have to pay out by the percentage of fault they assign to you. For example, if an insurance company assigns you 25% fault by claiming you were exceeding the speed limit when the crash occurred, they could reduce a $100,000 claim to a $75,000 payout.
An assertive car accident attorney defends against this common insurance company strategy by documenting compelling evidence of the other driver’s liability.
What You Can Do After a Head-On Collision In El Paso
Because of the serious nature of a head-on collision, injury victims are often incapacitated by their injuries and unable to take steps to protect themselves; however, if an injury victim can use their cell phone at the scene, or ask an uninjured person to use it for them, they can take steps to protect their physical and financial future by doing the following:
- Call 911 to report the collision and request emergency services
- Use the cell phone camera to photograph the accident scene before the cars are moved from their resting positions
- Photograph visible injuries
- Add the contact information of the other driver
- Add the contact information of any eyewitnesses to the accident
Eyewitnesses are often the key to a successful car accident claim, especially when the accident occurs in a location with no traffic cameras or nearby security cameras.
Always go directly to the hospital from the accident scene and request a detailed medical report. Then, call an experienced car accident attorney before communicating with the at-fault driver or their insurance company.
Request a Free Consultation With Our El Paso, TX Head-On Collision Attorney
If you are looking for a head-on accident attorney who will strive to protect your rights and advocate for your best interests, someone from Cal Mundell Law Firm, PLLC is available 24/7 to discuss your case. Contact us at 915-250-0700 to learn more about how we can help in your fight to hold at-fault drivers accountable.