Nobody wants to be involved in a head-on collision. These accidents can be extreme, devastating, and fatal. When not fatal, head-on collisions can cause catastrophic injuries that impact the rest of a victim’s life.
Unfortunately, there is no way to stop head-on collisions from happening. In 2022 alone, 4,295 fatal head-on collisions occurred throughout the U.S. This represented 10.9% of fatal traffic accidents that year.
Most head-on collisions happen when a driver steers their car onto the wrong side of the road. This happens for various reasons, including distraction, aggressive driving, or being under the influence of either alcohol or drugs.
In Albuquerque, victims of head-on collisions caused by negligent drivers have solid rights. This includes suing for compensation. If you are involved in a head-on collision, following these next steps can help protect your rights.
What to do After a Head-On Collision
The aftermath of a head-on collision usually includes chaos, fear, and injury. You should try your best to stay calm, no matter what the accident scene looks like. A lot of the time, victims of car accidents become hysterical when they see cars lying on their roofs and the other drivers and passengers lying on the road.
It is not easy, but remaining calm enough to report the accident to 911 is crucial. At the same time, you need to check whether you have visible injuries. When the emergency responders arrive, you must allow them to give you a medical evaluation. If you are advised to go to the nearest emergency room, do so.
While you are still on the scene, do not admit fault for the accident. Even if you know you were not to blame, you can still make it look like you caused the accident if you apologize to the other parties involved.
If you can, exchange information with the other driver and take photos of the accident scene. At this point, there should be a police officer at the scene who is completing an official accident report.
When you have been treated for your injuries and can go home, call your insurance company to report the accident. While talking to your insurer, stick to the facts. Do not speculate on what may have caused the accident, do not apologize, and do not blame the other driver.
The insurer will do their own investigation into the accident before deciding what to do about your claim.
Liability in New Mexico
New Mexico follows fault-based laws and regulations when it comes to car accidents. This means car accident victims have several avenues to pursue if they want to claim compensation.
If you are involved in a head-on collision, you can potentially seek compensation from your own insurance company first. If your injuries are severe or disabling, you can pursue a compensation case against the insurer of the at-fault driver.
You also have the option to file a personal injury lawsuit directly against the at-fault driver.
Moreover, New Mexico also operates according to the comparative negligence rule. This means that even if you were partially to blame for the accident, you can still claim compensation, but your payout will be reduced by the percentage of fault you have.
So, if you want $100,000, but it is found that you are 20% to blame, you will only receive $80,000.
Determining who is at fault for a head-on collision is not always easy. This is why it is recommended that you hire a personal injury lawyer as soon as you decide to pursue a compensation case.
Type of Compensation You Can Pursue
There are several types of compensation you can pursue after a head-on collision. For instance, you can demand compensation for medical expenses and lost income. This is usually appropriate for extensive injuries and days or weeks without income.
If you have severe injuries, it will cause you pain and, potentially, emotional distress. This is known as non-economic damage and is another type of compensation you can claim.
Furthermore, you have the right to demand compensation for repairs to your car. If your car is written off, you may be able to claim compensation for a replacement.
If an insurance settlement does not cover your damages, an Albuquerque personal injury lawyer can help you file a personal injury lawsuit. Remember that the statute of limitations in New Mexico is three years. You may lose the right to seek compensation if you miss this deadline.
A Personal Injury Lawyer Can Help Protect Your Rights
A head-on collision can be severely traumatic. However, if you hire a lawyer to represent you, you can successfully demand compensation to recoup your losses.
While this will not take away your injuries or potential PTSD, it can help you eventually move on with your life without having to worry about a stack of medical bills and other expenses.
