Head on vehicle collisions are terrifying and often result in major injuries. After these types of incidents occur, victims often struggle to understand their options moving forward. This is particularly true when it comes to dealing with insurance carriers and recovering compensation for injuries and property damage expenses. Head on collision accidents occur all the time in Florida, but victims have rights. Here, we want to discuss these types of incidents as well as the types of compensation that may be available for victims.
Common Causes of Florida Head-On Crashes
Head-on collisions generally happen when one vehicle crosses into the path of an oncoming vehicle. While these collisions can occur anywhere, they are particularly common on rural roads and highways where there may be no median or barriers separating traffic. Some of the most common causes of head-on collisions in Florida include:
- Distracted driving
- Drunk or impaired driving
- Drowsy driving
- Speeding
- Poor road conditions
- Illegal passing
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Common Injuries in Head-On Crashes
Direct head-to-head collisions often result in severe injuries due to the combined force two vehicles heading right into one another, often at higher speeds. Some of the most common injuries seen in head-on collisions include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal injuries
- Lacerations and contusions
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Florida’s No-Fault Insurance Laws
We operate under a no-fault insurance system in FL, which means that after a head-on accident, your own insurance company will pay for your reasonable medical bills and certain other financial losses, regardless of who was at fault for the crash. This is covered by your Personal Injury Protection (PIP) insurance, which is required for all drivers in Florida.
PIP insurance typically covers:
- Medical expenses. PIP will cover up to 80% of reasonably medical care needed, including hospital stays, surgeries, medications, and rehabilitation.
- Lost wages. If your injuries prevent you from handling job-duties, PIP can cover a portion of your lost income, up to 60%.
- Death benefits. If the accident results in death, PIP will provide a small death benefit to help cover funeral expenses.
However, PIP only covers up to $10,000 in medical expenses and lost wages. This is where filing a personal injury claim can become critical, especially if your injuries exceed the limits of your PIP policy.
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When Can You File a Personal Injury Claim in FL?
In Florida, you can step outside the no-fault insurance system after a crash and file a personal injury lawsuit against the at-fault driver if your injuries meet certain criteria. The state allows victims to pursue additional compensation if they have suffered a serious injury, which can include:
- Permanent injury or significant disfigurement
- Permanent loss of a bodily function
- Significant and permanent scarring
- Death
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Florida’s Deadline for Filing Personal Injury Claims
It is crucial to act quickly if you are considering filing a personal injury lawsuit. In Florida, the limit set by law for filing a personal injury claim has recently changed. Under the new tort reform law, you now have two years from the day the head-on crash happened to file your claim in court, down from the previous four-year limit.
Determining Liability in a Head-On Collision
Establishing liability (proving who caused the incident) in a head-on collision can be challenging, especially if both drivers claim that the other was at fault. To prove negligence after a crash, you will need to gather evidence that proves the other driver caused the accident. Common types of evidence used in head-on collision cases include:
- Police reports. A police report can provide valuable information about how the accident occurred and who was at fault.
- Witness statements. Testimony from those who saw the head-on crash can help support your claim.
- Traffic camera footage. Video footage from nearby traffic cameras or security cameras can provide a clear picture of how the accident happened.
- Expert testimony. Accident reconstruction experts can help analyze the evidence and provide a professional opinion on who caused the accident.
Damages Available for Head-On Collision Victims in Florida
If you have been involved in a head-on collision in Florida, you may be eligible for compensation beyond what is covered by PIP (Personal Injury Protection) insurance. The damages available to victims of such accidents can help cover various hardships.
You may receive compensation for medical expenses, which includes current and future costs related to the accident, such as surgeries, hospital stays, rehabilitation, and medications. Lost income can also be recovered if your injuries prevent you from working. This compensation could cover lost wages as well as any potential future earnings if your injuries lead to long-term or permanent disability.
Many victims of head-on collisions endure not only physical pain but also emotional distress. Compensation for pain and suffering addresses these non-economic impacts. Additionally, if your property—such as your vehicle—was damaged in the accident, you may recover the cost of repairs or replacement.
If your injuries affect your ability to enjoy life as you once did, you might be entitled to damages for the loss of enjoyment of life. In cases where the other driver’s actions were particularly reckless, the court may award punitive damages to discourage similar behavior in the future.
Navigating these legal processes can be overwhelming, but seeking the appropriate legal guidance will ensure that you recover the full compensation you deserve.
Do You Need an Attorney After a Head-On Collision?
Head-on collision cases can be complex, particularly when serious injuries or fatalities are involved. An experienced personal injury attorney can help navigate the legal process, ensuring that you receive the compensation you deserve. Your attorney can:
- Handle negotiations with insurance companies. Insurance adjusters often try to minimize payouts, but your attorney will fight for a fair settlement.
- Collect and analyze evidence. Your attorney will gather all the necessary evidence to prove fault and support your claim for compensation.
- File your claim before the deadline. Your attorney will ensure that your lawsuit is filed within Florida’s statute of limitations, so you do not lose your right to compensation.
Contact a Florida Head-On Collision Attorney Today
If you or a loved one has been injured in a head-on collision in Florida, please call a Florida head-on collision attorney as soon as possible. At GOLDLAW, our experienced head-on crash lawyers are here to help you navigate the legal process and secure the compensation you deserve. Contact us online or call (561) 222-2222 for a free case consultation.
