Wrong-way crashes and head-on collisions account for a smaller fraction of traffic accidents overall. When they occur, however, they often result in catastrophic or fatal injuries. Survivors of these crashes may also deal with emotional trauma and distress.
In this article, we explain how wrong-way crashes can happen, the injuries that may result and who may be liable.
Our experienced Fort Worth car crash attorneys at Anderson & Cummings have over 50 years of combined experience helping injured victims. If you have been injured in a wrong-way crash caused by another driver’s negligence, we may be able to help you recover compensation for your medical costs and other damages.
Call today (817) 920-9000 for a free case review
Defining a Wrong-Way Collision
A wrong-way accident is a crash that results from a driver traveling on a divided highway or access ramp in the opposite direction of approaching traffic.
Someone driving in the wrong direction on any road can quickly lead to a severe head-on crash with one or more vehicles traveling in the right direction.
What Cause Wrong-Way Crashes To Occur?
Wrong-way car crashes often occur on highways, freeways or roads that have multiple lanes.
Four of the main reasons wrong-way accidents happen include:
Poor signage or road markings: Poor or missing signage and road markings greatly increase the risk of a driver getting confused and ending up in wrong-way traffic.
Impaired drivers: Drivers who get behind the wheel while impaired by fatigue, alcohol, drugs or other substances have a slower response time. Fatigued drivers may struggle to stay awake at the wheel. Drivers impaired by alcohol or drugs are more likely to speed and either drift or swerve out of their lane into wrong-way traffic.
Medical emergencies: Drivers who suffer an unexpected medical emergency, such as a seizure or stroke, may lose consciousness and end up in wrong-way traffic.
Dangerous weather: Fog, heavy rain or snow seriously affects driving conditions, creating visibility problems and slippery roads. Drivers who fail to adjust their driving to the weather and poor road conditions could lose control and swerve into oncoming traffic.
Reckless or aggressive driving: Texting and driving, joy riding, drag racing, tailgating and acts of road rage create high-risk situations for any vehicles in the area. One or more drivers could swerve and/or lose control, involving multiple vehicles in a wrong-way collision or multi-vehicle crash.
What Kinds of Injuries May Occur in Wrong-Way Crashes?
Wrong-way car crashes are more likely than other types of traffic accidents to cause victims and at-fault drivers to suffer severe injuries or even death.
Those who survive a wrong-way crash may sustain devastating, life-altering injuries, which could include:
- Head trauma
- Traumatic brain Injuries (TBIs), such as a concussion, which can lead to long-term cognitive disabilities and memory problems.
- Internal organ damage
- Severe fractures (broken ribs, broken ribs, arms, hands, knees, legs or feet)
- Spinal cord injuries resulting in partial or full paralysis
- Amputations/loss of one or more limbs
- Loss of life
Can I Recover Compensation for My Damages After a Wrong-Way Crash?
If you are going to file a claim for compensation for the injuries you sustained in a wrong-way car crash, you will need to prove there was negligence of some kind. However, your first step should be to call 9-1-1 to get police and medical assistance to the scene. Your next step should be to seek immediate medical attention at a nearby ER.
After your injuries have been stabilized, you should consider contacting an experienced lawyer to manage your case. Your attorney can get to work on your case right away, even while you are still recovering.
In a car crash claim, the burden of proof falls on the victim. In this situation, your attorney will need to establish the other party’s negligence and how that negligence led to the crash and your injuries. If there is no negligence, there is no case.
Proving negligence on your own is complicated, especially if you are trying to recover from injuries. Statistics show that victims who hire an attorney typically recover far more compensation than those who try to manage their case alone.
What Evidence Could Help To Prove My Claim?
Compelling evidence that may help to strengthen your personal injury case after a wrong-way crash may include:
Photos From the Crash Scene
If you can safely take photos without putting yourself or others at risk, try to capture the crash scene, any visible injuries and damage to the inside of the vehicle. Depending on your situation, you can try to take pictures of the damage to the exterior of your vehicle. Photograph the full crash scene, if possible, showing where and how both vehicles came to rest. You may be able to capture this from inside your vehicle. Your attorney can gather additional evidence on your behalf later.
Video Footage
Note whether there are any traffic cameras, dash cams or other surveillance cameras in the area. If there are, photograph them and give this information to your attorney as soon as possible. Waiting to get an attorney involved could mean losing this powerful evidence. Camera footage of this type typically gets overwritten very quickly.
Credible Witnesses
Is there anyone in the area who says they saw what happened? If so, be sure to gather their contact details and even a short statement, if they are willing to give it. People tend to quickly forget what happened soon after a crash. Getting a video statement could be vital to your case, especially if the person is a credible witness.
Document the Crash, Your Expenses and Your Injuries
There are many details to document after a crash caused by someone else’s negligence. This information is vital and could significantly strengthen your case. Key details to track include:
- Anything you remember about the crash: Write this down clearly, concisely and neatly as soon after the crash as possible.
- Document your injuries: Take pictures of your injuries from day one and document any key details about your recovery, including how your injuries affect you on a daily basis.
- Lost wages: The loss of income and any out-of-pocket costs you pay for treatment are financial losses that can and should be added to the value of your claim.
- Mental and emotional impact: Tracking your mental and emotional state may not seem important in the middle of everything else you are dealing with. However, trauma can have a massive impact on your relationships and on your ability to work.
When tracking these and other details, do not exaggerate or downplay the severity of your injuries. Be clear, descriptive and honest.
Who May Be Liable for a Wrong-Way Collision?
Liability for wrong-way car accidents depends on the traffic laws, actions of each driver and other contributing factors.
While often the driver headed the wrong way on a road is at fault, there are other factors that could come into play. Crash scene investigators will review the evidence, speak to witnesses and examine the actions of both drivers involved. In some cases, evidence may show that the driver traveling in the right direction shares some responsibility for the accident. For instance, if they had time or space to react and avoid a crash but were distracted or not using reasonable care.
Consulting an experienced attorney can help you understand your legal rights and options for compensation after a wrong-way crash. Deadlines apply in any personal injury case, so be sure to contact an attorney sooner than later. Waiting too long to call an attorney could mean you have a harder time finding someone to take your case. Attorneys need time to properly build your case and are unlikely to take on a case they do not think they can win.
Contact Anderson & Cummings After a Fort Worth Crash
If you have been a victim of a wrong-way car crash, our knowledgeable attorneys at Anderson & Cummings may be able to help you.
Our firm has a proven history of success. We have recovered millions in compensation for our clients, and we are prepared to fight for the maximum compensation on your behalf.
Call our law offices to request a free case review. We have staff available to take your call 24/7. During this meeting, you can get answers to your questions, including whether you may have legal options. If you have a case and we represent you, there are no upfront costs or fees to pay. We only get paid if you do.
Experienced Lawyers. Proven Results. (817) 920-9000