Arkansas Head-On Collisions
Head-on collisions account for only about 2% of crashes but 10.8% of fatal crashes. Although it is not the most frequent type of car accident, it is one of the most severe.
In Arkansas, crash reports from 2020 show there were 164 fatal head-on car accidents just from drivers crossing the centerline. This is only one of the many ways drivers experience head-on collisions, so the statistics are much higher if we’re looking at all possible causes.
You may be wondering why a head-on collision injury is a legal matter. Many head-on collisions are preventable, as seen in this example of a case in which the driver neglected to stay in his lane. The police investigated whether speed and alcohol played a role in the driver’s error that led to an 8-year-old boy’s death. These types of accidents become legal matters when the cause of the accident includes fault, such as negligent driving.
This is when you’ll need a head-on collision attorney in Arkansas. Book a free consultation with us if you’ve been affected by a head-on car accident.
What Is a Head-On Car Accident?
A head-on car accident, also known as a frontal crash or front impact accident, is one of the most dangerous types of collisions. This occurs when the front ends of two vehicles traveling in opposite directions collide. These accidents are considered very dangerous and can result in severe injuries—even fatalities.
Why are they so catastrophic? The force of the impact is typically high due to the combined speed of both vehicles traveling toward one another. The front ends of the vehicles collide directly, impacting the most vulnerable areas, such as the driver’s and passenger’s seats.
The following factors can make head-on collisions deadly:
- the impact force, which is the sum of the energy of both vehicles
- the speed of each vehicle
- the direction each vehicle was moving
- the location on each vehicle where it was hit
Common Causes of Head-On Car Accidents
Common causes of head-on car accidents include:
- speeding
- distracted driving
- unsafe road conditions
- losing control of the vehicle
- wrong-way driving on a divided highway
- being impaired by alcohol, drugs, or sleepiness
- complex road designs, such as narrow or winding roads
- vehicle malfunction like tire blowout or inability to brake or steer
- veering into oncoming traffic by crossing the centerline of the road
- hazardous road conditions with poor signage, lighting, or maintenance
- poor visibility due to inclement weather conditions like fog, rain, snow, or ice
- going the wrong way down a one-way street due to confusion or unfamiliarity
Distracted driving can look like texting, changing the music, looking at Google maps, eating, taking your eyes off the road to look at a billboard, or any split-second moment in which you are not giving your full attention to road safety.
In this day and age, it’s easy to get distracted while driving. However, every driver has a duty to create a safe environment for other people on the roads. Breaching this duty can result in a lawsuit, especially when their negligence leads to significant damages for the victims involved. Improper passing and lane departures, which can contribute to head-on collisions, are prohibited under Arkansas Code § 27-51-306 and § 27-51-301, respectively.
Steps to Take if You Were in a Head-On Car Accident
A commonly asked question is, “What should you do after an auto accident?” Once you’ve received immediate medical attention, follow these steps:
- Call the police.
- Do not admit fault.
- Move to a safe location.
- Gather any evidence you can.
- Exchange information with the other driver.
- Speak with a wrong-way driver accident lawyer.
- Stay at the scene if you are medically cleared to do so.
Moving yourself and your vehicle to a safe location is crucial to prevent further head-on collision injury. This is typically the shoulder of the road, as far from traffic as possible. You may even be able to move to a parking lot or side street.
Turn on your hazards to warn other drivers. In case the other driver flees the scene, take down a description of the person involved, the license plate number, and the make/model/year of the car. Drivers must report accidents to the police if property damage exceeds $1,000 or there are injuries or fatalities, and to the Arkansas Office of Driver Services within 30 days.
How to Recognize the Other Person is at Fault
If the other person failed to obey the laws of the road, that is typically a sign they are at fault for the crash. It’s possible both people can be at fault for an accident, but it’s important for you to never admit fault since that statement can be used against you and might not even be true or relevant.
For example, if a drunk driver veered into oncoming traffic and hit you head-on, it might not be advisable to tell them you were going 5 miles per hour over the speed limit. You would have suffered damages even if you had been going the speed limit, and your speeding did not cause the accident. It may have slightly worsened the outcome, but the majority of fault is on the other driver for getting behind the wheel while intoxicated.
The following indicators may be used to determine fault if they prove the other driver was negligent:
- phone records
- photos or videos
- witness statements
- surveillance footage
- accident reconstruction reports
This evidence can be crucial when it comes to how fault is determined. Arkansas is an at-fault state, meaning the driver responsible for causing the accident is liable for damages. To establish fault, you must prove the other driver was negligent. Arkansas uses a modified comparative fault rule. If you are found to be 51% or more at fault, you cannot recover damages, but if you are 50% or less at fault, your damages may be reduced based on your percentage of fault.
Our Process for Head-On Car Accidents
We help clients by:
- collecting evidence
- protecting your rights
- informing you of next steps
- establishing the other driver’s fault
- negotiating with insurance companies
- suing the responsible party for personal injury
- meeting deadlines, also known as statutes of limitations
- filling out necessary paperwork and representing you legally
We will meet with you for an initial consultation, answer all your questions, and establish a relationship from there. You shouldn’t have to go through this alone. Our lawyers are experienced in handling head-on collisions. If you need a head-on collision attorney in Arkansas, just know that we’ve got this!
