In the early hours of July 10, a delivery truck was struck head-on as an SUV suddenly veered into his lane on Castroville Road, on the west side of San Antonio. While the truck driver suffered no injuries, the driver of the SUV had to be cut out of his vehicle and was later transported to the nearest hospital. Both drivers are lucky that their injuries were not severe, as head-on collisions are notorious for causing severe injury, especially when one of the drivers is operating their vehicle in a negligent or reckless manner. If you have been involved in a head-on crash, you need an experienced car accident attorney who can fight for you.
Fatalities Are Disproportionately High
Despite the presence of airbags and other safety devices installed in the front end of most automobiles, head-on collisions account for a disproportionately high number of traffic fatalities. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that while front-end crashes made up approximately 2 percent of all the auto accidents in 2015 (the most recent available data), they caused 10 percent of the fatalities and approximately 4 percent of the injuries.
Even though the front end of the car, in theory, provides some protection for the vehicle’s occupants, a head-on collision usually visits quite a lot of force on both cars. This can lead to higher instances of broken bones, whiplash, traumatic brain injuries and all the other injuries that can result from sudden physical trauma. It is also quite common for head-on collisions to result from someone driving under the influence, or driving distracted, which can obviously play a major role in someone losing control of their car.
Should I Sue?
In order to succeed in suing an allegedly negligent defendant, you need to be able to show four specific things: (1) that the defendant owed a duty to exercise reasonable care toward the plaintiff (in Texas, it is generally assumed that all motorists owe a duty of care to everyone else on the road); (2) that that duty of care was breached; (3) that the defendant’s conduct (and resulting breach of duty) resulted directly in your injuries; and (4) that you have actually been hurt. If even one of these factors is not present, your case will generally fail, and it can be difficult to establish these criteria alone.
Some people are unsure as to whether or not they should bring suit after a head-on collision because they fear that they may have been at fault, but in Texas, that does not necessarily have to be an issue. Texas law recognizes a concept called comparative negligence, which means that as long as you are not judged to have been more than 50 percent at fault for your own injuries, you can still recover. Generally, Texas law recognizes that many plaintiffs will play some small role in their own injuries simply because no accident is ever truly clear-cut.
Call a New Braunfels Head-On Collision Lawyer Today
While the truck driver on Castroville Road appears to have suffered no ill effects from the head-on collision, other drivers in the same situation might not be so lucky. If you have been injured in a head-on collision, you need to call a dedicated New Braunfels auto accident attorney who understands the high stakes of these types of cases. The Bettersworth Law Firm is ready and willing to work hard to give you and your family the best chance to succeed. Contact our office today at 888-392-0039 to schedule a free consultation.