According to the Insurance Information Institute, 10.2% of all fatal crashes in 2020 were head-on collisions. These types of accidents are particularly dangerous due to the amount of force at which two vehicles crash into each other. Indeed, head-on collisions can often lead to severe injuries to the brain or spinal cord, along with multiple broken bones. When a reckless driver collides with another vehicle head-on, they may owe monetary damages to an injured victim if the victim chooses to bring a negligence lawsuit. A recent news article illustrates the severe injuries that can result from head-on collisions.
As the article reported, one person was killed and three people suffered injuries from a head-on collision in Winfield, Indiana. According to local police, three teenage girls were headed to a party when a vehicle struck them head-on. The teenage driver died at the scene. The two passengers and the driver who struck them also suffered injuries. One of the passengers, a thirteen-year old girl, has remained in the hospital to treat her broken bones, jaw fractures, and an injury to her spine. Police are still investigating the cause of the crash.
What Damages Are Available After a Head-On Collision?
When you bring a negligence lawsuit after a head-on collision, you can pursue several types of damages awards under Indiana law. In a negligence claim, an Indiana jury may award economic and non-economic damages to the plaintiff. Economic damages intend to compensate the plaintiff for expenses and financial constrains resulting from the accident. Typically, they are easy to quantify with a set amount. Examples of economic damages include medical expenses, hospital bills, or lost future earnings. Conversely, non-economic damages compensate the plaintiff for emotional harm that cannot be quantified. The most common example of a non-compensatory damages award is for pain and suffering. Additionally, a victim’s spouse may be able to sue the responsible driver for the loss of the victim’s comfort, companionship, and services.
Can You Recover Damages If You Were at Fault?
In a head-on collision or other multi-vehicle crash, the injured plaintiff may share some portion of responsibility for the accident. However, Indiana law allows plaintiffs to recover damages from a liable defendant so long as the plaintiff was less than 51% at fault. Under Indiana’s
modified comparative negligence system, a court will reduce plaintiffs’ ultimate damages award by their degree of responsibility for their injuries. For example, if a jury determines a plaintiff was 10% at fault for an accident, the plaintiff will receive a 10% reduction in damages. An experienced Indiana personal injury attorney can develop a case theory to help prove you were not at fault in a head-on collision.
Have You Been Hurt in an Indiana Head-On Collision?
If you or a loved one has suffered injuries in an Indiana head-on collision, you may have a claim for damages. To learn more, and to discuss your case with an Indiana personal injury attorney, contact Padove Law today. Attorney Burton A. Padove possesses years of experience representing clients in personal injury and family law cases throughout the state of Indiana. Mr. Padove will guide you through the process of bringing a negligence lawsuit and fight for the compensation you need and deserve. For a free, no-obligation consultation, call our office at 219-836-2200. We will not bill you for our time unless we can secure compensation on your behalf.