If their negligence contributed to the crash, the driver of an overtaking car can be liable for a head-on collision according to Florida laws. They might have improperly changed lanes or been speeding while overtaking another vehicle, leading to a head-on car accident.
Determining liability in these cases isn’t always straightforward. However, a Florida car accident attorney can review what happened and protect your right to financial compensation.
Determining Overtaking Accident Responsibility
The cause of most car accidents is negligence. If you suffered severe injuries, you must be able to prove another party’s negligence to receive compensation beyond your personal injury protection (PIP) insurance coverage.
When you hire a personal injury attorney, they will gather evidence of these four legal elements of negligence in your case:
- Duty of care: Another road user had a legal responsibility to act in your best interests, including safety, in mind.
- Breach of duty: The at-fault party failed to uphold their duty to keep you safe through careless actions.
- Causation: A head-on collision occurred.
- Damages: You have incurred economic and non-economic losses because of the crash.
The overtaking driver could have exhibited negligent behavior, especially if they were speeding, distracted, or didn’t merge or change lanes properly. Alternatively, your lawyer’s investigation could reveal that another driver, a roadway hazard, or a faulty car part caused the other driver to lose control of their vehicle and ultimately cause the crash.
Sometimes, multiple parties could bear fault in an overtaking accident. In that event, your Florida personal injury lawyer will pursue each one according to their role in the crash.
When the Insurance Company Tries to Pin Overtaking Accident Fault on You
The liable party’s insurance company will likely strive to safeguard its bottom line throughout the claims process. With that in mind, the adjuster may attempt to put some of the blame on you.
For example, the insurance company could say that you didn’t yield the right of way, which contributed to the head-on collision and made you 40% responsible. Per Florida’s modified comparative negligence law (Florida Statutes § 768.81), that would mean they only have to pay you 60% of your damages.
If the insurance adjuster tries to devalue your claim, your head-on car accident attorney can present robust evidence to prove your right to a higher settlement. This evidence may include the following:
- The police report from the accident
- Medical records
- Traffic camera video
- Photographs of the cars involved, visible injuries, and the road and weather conditions
- Accident reconstructionist testimony
- Eyewitness statements
Your lawyer will negotiate with the insurance company until they find common ground. Personal injury claims rarely go to trial, but we’re ready to make that move if necessary.
You May Recover Compensation Following an Overtaking Head-On Collision
Don’t wait to begin your pursuit of compensation, as Florida Statutes § 95.11 limits how long you have to sue the liable party. In most cases, the deadline is two years from the day of injury for personal injury and two years from the day the victim died for wrongful death.
Exceptions to this rule are rare. Failure to adhere to the applicable deadline may result in the court throwing out your case, drastically limiting your options for financial recovery. That’s why we urge you to contact our personal injury law firm today. Enough notice will enable us to take legal action before time runs out.
When we bring your case against the liable party, we may ask for these types of damages:
Economic Damages
Economic damages hold a definitive financial value. Perhaps the most notable of these is medical bills, as you may require medications, surgeries, follow-up appointments, mobility aids, and more. We may also determine that you qualify to recover fair compensation for your lost income, reduced earning capacity, and property damage expenses.
If your loved one died in a head-on collision, our Florida wrongful death attorneys can help you seek economic damages for their burial, funeral, and medical expenses.
Non-Economic Damages
Economic damages often make up a comparatively small part of your award. The accident has likely affected your life emotionally, mentally, and physically. In severe cases, the effects are permanent. Your lawyer will use certain methods to calculate your non-economic damages, which may qualify you for a large sum.
You may be eligible to recoup damages for pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and mental anguish. For wrongful death, compensation for loss of consortium, guidance, support, and services may be available.
Partner With Our Law Firm Following a Head-On Car Accident Crash
Our attorneys can help you determine who is at fault for your overtaking head-on collision. In the meantime, you can focus on being with family and healing from your injuries.
Call the Law Offices of Wolf & Pravato now at (954) 633-8270 for a free consultation. We have 75 years of combined experience and over two decades of service.
