In head-on collisions, fault is assigned by who was breaking the rules of the road. Liability in Chattanooga head-on collisions is determined by assessing the scene to see who was in a place they were not meant to be. That is the first question in assigning fault under the traffic laws that the insurance companies use. If there is a dispute about where someone was on the road, diputing claims can cause the assignment of fault to vary from case-to-case. Therefore, it is important to contact a skilled car accident lawyer who can help you prepare your case for court.
Liable Parties in Head-On Accidents
An example of factors that impact liability in Chattanooga head-on collisions include if the driver who seems to be the victim was actually doing something to scare the oncoming driver (started to cross the middle line into oncoming traffic and jerked back) who seems to be at fault before the collision takes place (they over-reacted and jerked over into the oncoming lane) thus creating a head-on collision. These fact patterns are really hard to parcel out sometimes and it depends on early investigation and collecting evidence of other witnesses, how the people were driving, and what other people saw at the time or surrounding the time of the collision.
Role of Punitive Damages
Punitive damages are available when a person acts with recklessness or wanton disregard for the safety of others, or an intentional act. If a person is intentionally driving in the wrong lane; driving really fast and unable to stay in their own lane; drag racing; passing on a double-yellow line; any of those things might be seen as a wanton disregard for the safety of others or reckless driving, and that can give rise to punitive damages.
Punitive damages often arise when the driver is doing something wrong or breaking the law. It often includes people being intoxicated, falling asleep at the wheel, or just not being able to pay attention. It often involves drag racing, driving at extremely high speeds, going down the wrong way on an interstate or on a restricted access freeway; something of that nature. A violation of the law that is more severe than a common speeding violation.
Determining Liability
The first step in determining liability in Chattanooga head-on collisions is trying to preserve all the physical evidence. When a head-on collision occurs, there is a lot of debris from the vehicles. Because the impact is so severe, pieces of the vehicles often fly. There is often oil or other liquids and fluids from the vehicles that leak onto the roadway. There could be skid marks, broken glass, broken metal, plastic and fiber glass. An attorney will literally reconstruct exactly how the wreck happened by studying the roadway and determine if the potential client’s story of what happened makes sense or if there is anything that could have contributed to one of the vehicles going into the oncoming lane.
The potential client’s injuries in head-on collisions are often very severe. They often include head injuries, brain injuries, and neck injuries. The attorney will ascertain the trauma the individual has suffered and make sure they get proper medical attention. An attorney can begin dealing with the insurance companies and making sure they meet their obligations, beginning with the property damage. Head-on collisions are more likely to require a lawsuit.
