Head-on Collisions

A victim’s attorney typically can establish fault for a head-on collision by demonstrating that a driver was negligent. Negligence occurs when a person causes injuries or death by failing to use reasonable care behind the wheel. Reasonable care is defined as how a prudent or sensible person would act under the same or similar circumstances. For example, a driver who gets distracted by talking on their phone and then loses control of a car, causing a head-on collision, would be liable for the accident and any resulting harm. This is because a prudent or sensible driver would understand the risk of accidents associated with distracted driving.

Under Illinois law, negligence is established by demonstrating the following elements:

• The defendant driver owed the plaintiff a duty to use reasonable care;
• The driver violated the duty owed to the plaintiff; and
• The driver’s breach was the proximate cause of the head-on collision and the plaintiff’s resulting harm.

The burden of proof in Illinois personal injury cases is on the plaintiff, who must establish negligence by a ‘preponderance of the evidence.’ Under this standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will win. Put another way, the jury must believe that the plaintiff’s version of events is more likely true than the defendant’s version of events. If the plaintiff meets this threshold, they will win the case and be able to obtain damages.

The severity and extent of the damages that can result from a head-on collision cannot be overstated. These are some of the most deadly accidents on the road and leave accident victims to deal with catastrophic injuries, such as broken bones, traumatic brain injuries, burns, and lacerations. These injuries not only are painful but also can cause emotional harm and affect a person’s ability to work. This is why Illinois law allows victims of head-on collisions to recover both economic and non-economic damages, such as medical expenses, rehabilitation costs, lost wages and benefits, pain and suffering, property damage, and scarring and disfigurement.

Discuss Your Injuries with a Car Crash Lawyer in Wheaton or Schaumburg

Head-on collisions often result in catastrophic injuries and long-term impairments. At Therman Law Offices, we can help you pursue the compensation that is needed to move on with your life. With our compassionate legal advocates on your side, you can rest assured that someone is in your corner and protecting your rights against defendants and their insurers. Our attorneys are here to answer your questions and address your concerns. We represent people in communities such as Schaumburg, Wheaton, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook. For a free case evaluation, call us at 312-588-1900 or contact us online.