Determining Head-On Collision Liability

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Involvement in a car accident can be frightening and lead to possible serious injuries. In particular, head-on collisions can be increasingly dangerous and fatal. If you found yourself involved in a head-on collision, you may be uncertain of what, if any, personal injury claim you may be able to file. With these types of accidents, it is important to have a professional at your side who understands the necessary evidence involved in proving the other driver’s extent of liability.

Causes of Head-On Collisions

Head-on collisions are usually caused when a driver is in the wrong lane or is driving in the direction of oncoming traffic. This can be caused by a distracted driver. This could be someone who is eating, on their phone, unfamiliar with the neighborhood, or playing with their radio. They can also be caused by someone under the influence of drugs or alcohol. The individual could also have fallen asleep and drifted into the wrong lane. It could also be someone who miscalculated when executing a pass on a two-lane road.

Determining Liability

Oregon is a modified comparative fault state. This means that an individual can recover damages, even if their actions contributed to the accident. You have to be found no more than 50% at fault to receive any compensation. Your lawyer will have to be able to prove the negligence of the other driver. This involves showing that there was a clear breach in the duty of care (typically some violation of the rules of the road), that breach caused the accident, and the accident caused you to suffer physically and/or mentally.

Moving Forward With Your Case

In Oregon, you generally have only two years to pursue any personal injury cases concerning a head-on collision. If you believe you are entitled to compensation, our attorneys at Shlesinger and deVilleneuve can help. We understand the evidence needed to successfully represent you. Contact us to learn how we can help.

 

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