What Is a Wrong-Way Car Accident?
Awrong-way car accident occurs when a vehicle travels in the opposite direction of traffic and crashes into another vehicle, usually resulting in a head-on collision. These accidents are especially dangerous because they often occur at high speeds and give drivers minimal time to avoid impact.
Wrong-way crashes are typically caused by:
- Impaired driving (alcohol or drugs)
- Distracted or drowsy driving
- Confusion at poorly marked roadways or exits
- Older drivers with impaired vision or judgment
The term car accident, wrong-way driver describes the motorist who enters a road or highway going in the wrong direction, creating a highly dangerous situation for others.
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, our Fort Lauderdale car accident attorney from the Law Offices of Wolf & Pravato may be able to help you hold the wrong-way driver accountable.
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?
ANational 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 theFlorida 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.
Immediate Steps to Take After a Wrong-Way Collision
1. Check for Injuries and Call 911
Your safety comes first. If anyone is injured, request emergency medical assistance immediately. Some injuries may take hours or days to show symptoms, even if you feel fine.
2. Remain at the Scene and Stay Calm
Never leave the accident scene. If it is safe to do so, remain in your vehicle and wait for first responders to arrive. Avoid arguing with the other driver.
3. Document the Scene
Use your phone to take photos of:
Vehicle damage
Skid marks and debris
Road signs and traffic signals
Weather or lighting conditions
This visual evidence proves the other driver was going the wrong way.
4. Collect Driver and Witness Information
Get all involved parties’ names, contact information, license plate numbers, and insurance details. If any witnesses were present, ask for their contact info as well.
5. File a Police Report
Ensure the police report documents that the other vehicle was traveling the wrong way. This detail is crucial for your insurance claim and any potential lawsuit.
6. Seek Medical Treatment
Get a full medical evaluation even if you feel uninjured. Some severe conditions, like internal bleeding or whiplash, may not present symptoms right away.
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 orcontact us online today to get started.
Frequently Asked Questions:
1. Can I file a claim if the wrong-way driver doesn’t have insurance?
Yes. Florida requires uninsured motorist coverage on most policies. This can help cover your medical bills and damages if the at-fault driver is uninsured.
2. How does fault work if multiple vehicles are involved in a wrong-way crash?
If more than one car is involved, fault can be divided among drivers based on who contributed to the accident. Accident reconstruction and police reports are key in these cases.
3. Can road conditions contribute to wrong-way crashes?
Yes. Poor signage, unclear road markings, or construction zones can sometimes contribute. In rare cases, the property owner or government agency may share partial liability.
4. Should I speak to the at-fault driver’s insurance company?
No. It’s best to direct all communications to your attorney. Anything you say could be used against you in the claim.
5. How long does it take to resolve a wrong-way accident claim?
Resolution time varies depending on the severity of injuries, insurance negotiations, and whether a lawsuit is needed. Minor claims may settle in a few months; serious cases can take a year or more.
6. Is there a higher risk of catastrophic injury in wrong-way crashes?
Yes. Wrong-way crashes are often head-on collisions, which typically result in more severe injuries compared to side or rear-end crashes.
7. Can witnesses or traffic cameras strengthen my case?
Absolutely. Witness statements, dashcam footage, or surveillance cameras can provide crucial proof that the other driver was traveling the wrong way.
8. Will my insurance rates go up after a wrong-way accident?
If you are not at fault, your rates may not increase. However, each insurer handles claims differently, so consult your agent and attorney.
9. What evidence should I keep for my case?
Photos of the scene, your vehicle damage, medical records, the police report, witness contacts, and any video footage are all essential evidence.
10. Can I recover compensation for long-term or permanent injuries?
Yes. If your injuries cause ongoing medical costs, lost wages, or disability, an attorney can help pursue damages for both current and future losses.