Who is at Fault in Wrong-Way Car Accidents?
The driver going the wrong way is legally responsible for causing a road crash. Wrong-way car accidents are relatively rare but often cause serious injuries when they occur. Florida has no-fault car accident laws. However, fault can still play a role in car accidents in Florida. Under some circumstances, injured victims can sue the at-fault driver to recover compensation.
If you were hurt in a wrong-way crash in Florida, a car accident attorney from the Law Offices of Wolf & Pravato may be able to help you hold the wrong-way driver accountable. Call (954) 633-8270 to discuss your options and next steps with our team.
How Does Insurance Determine Who’s at Fault in a Wrong-Way Crash?
Several different parties will work to determine fault after a Florida crash. This will include:
- The police who respond to the crash
- The insurer, if there is a fault-based claim
- Our team or another representative for the victim
An accident occurs when one driver acts carelessly or recklessly. The parties investigating the crash must determine which party acted negligently and caused the collision. In a wrong-way crash, there is usually evidence to show one party:
- Went the wrong way on a divided highway
- Went the wrong way on a one-way road
- Crossed over the centerline or median before the collision
Some of the evidence commonly used in these cases includes witness statements, video footage of the crash, physical evidence, accident reconstruction, and scene surveys.
How Can an Attorney Help Me After a Wrong-Way Auto Accident?
Florida has complex car insurance laws that allow some victims to sue for compensation following a crash. Our attorneys can navigate this process and recover damages for our clients. We even provide free case reviews so that you can learn if this is possible in your case. You do not have to handle a car accident insurance claim or lawsuit on your own or wonder about your options. We are here to help.
Our attorneys investigate what happened, gather evidence, and build a strong case against the wrong-way driver who caused our client’s crash. We develop a case to show how that driver’s carelessness or recklessness caused the collision and the injuries our client suffered. This process allows us to negotiate a settlement or sue and ask the jury to award money for:
- Pain and suffering
- Medical bills, current and future
- Ongoing care and support costs
- Lost income and benefits
- Diminished earning capacity
Our attorneys manage all parts of the client’s case for them. We draft and submit documents, represent their best interests, and handle all communications with insurance companies and other parties. This allows our clients to focus on their physical recovery, including continued treatment and rehabilitation.
How Serious Are Injuries in Wrong-Way Car Accidents?
A National Traffic Safety Board (NTSB) special report on wrong-way crashes concluded that while wrong-way accidents account for a small percentage of overall crashes, they are much more likely to cause serious injuries than many other types of collisions.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2020, the most serious injury in wrong-side or wrong-way traffic accidents included:
- 115 fatal injuries
- 245 incapacitating injuries
- 409 injuries that did not incapacitate the party
- 595 possible injuries
- 1,846 with no known injuries at the scene
In many of these cases, the injured party might qualify to pursue a fault-based claim or file a lawsuit against the wrong-way driver. However, this depends on many factors. Florida’s no-fault auto insurance laws do provide some exceptions and allow victims to sue under some circumstances.
Drunk Driving Is a Leading Cause of Wrong-Way Car Accidents
In some cases, the wrong-way driver could also face criminal charges. This criminal case will not affect a victim’s civil case against the driver. However, the evidence about their intoxication included in the accident report could bolster a civil case against them.
According to the NTSB report, drunk driving is the top cause of wrong-way collisions, with about 60 percent of the at-fault drivers being impaired. Our attorneys are careful to look for evidence to confirm the possibility of drunk driving and will use this in our case against them.
Discuss Your Wrong-Way Car Accident Injuries With Our Team for Free
At the Law Offices of Wolf & Pravato, we provide free consultations for victims of car accidents in Florida. A team member will discuss your crash, injuries, and other details, then explain your rights and options. We handle your entire case from beginning to end while you rest and recover from your injuries.
We help collision victims recover fair compensation to pay their medical bills, cover their pain and suffering losses, and more. Call (954) 633-8270 or contact us online today to get started.
