It's not always easy to prove fault in a car accident, and sometimes it's even harder when it's a head-on collision. There are several factors involved in head-on collisions. Road conditions, other vehicles on the road, and even weather conditions can play a part in causing an accident. When you are trying to prove that the other driver is at fault for a head-on collision, there are a few points to consider.
Here are some ways to prove fault in a head-on car accident that could help you receive the compensation you are due.
Was The Other Driver Distracted?
Distracted driving is a major cause of head-on collisions. The other driver may have been texting and driving and didn't realize they had strayed into your lane before the collision. This can be proven by your lawyer having their cell phone usage checked including texts and phone calls for the timeframe of the accident. If there are texts or calls recorded during that time, you have a better chance of proving distracted driving causing the accident.
Distracted driving can also be that the driver was trying to change radio stations or talking to their kids in the backseat. This might be proven if you have a dashcam that recorded the position the other driver was sitting in prior to the accident. Was their head turned away? Were they not looking out the windshield and instead down at their dashboard? This could help prove they were at fault.
Was The Other Driver Impaired?
Driving while impaired is another major cause of head-on accidents and is easier to prove than many other types of fault. If other drivers witnessed the driver straying into other lanes and driving erratically, for example, this could prove they were impaired. A breathalyzer test or blood test could prove the driver had been drinking and driving or even had taken drugs before driving.
Another form of impairment while driving is drowsy driving. If, for example, a commercial truck driver had been on the road for too long and they were tired, they could prove to be a danger and to have caused the accident. This could potentially be proven by checking the driver's drive time records and onboard GPS systems to see if they were past their legal driving time.
Did The Driver Pass Unsafely?
It's possible that the head-on collision happened when the other driver tried to pass the car in front of them unsafely. They may have been impatient enough to not wait for oncoming traffic to clear before attempting their pass. This can potentially be proven by witness statements. For example, the car the driver tried to pass could be a witness that they tried to pass several times prior to the accident.
It can also be proven by dashcam footage from your own car and from the cars of other witnesses.
To learn more, contact an auto accident attorney.