Every time you get behind the wheel, you are at risk of being involved in a motor vehicle accident. No matter how carefully you drive or how cautiously you watch the road, some collisions happen due to the carelessness of other drivers. One of the most common types of motor vehicle accidents is a head-on collision. This type of crash typically occurs when one vehicle drifts across the double yellow line into oncoming traffic or makes a wrong turn down a one-way street. When these collisions occur at high speeds, the damage and injuries can be devastating. Knowledgeable car accident lawyer Stephen M. Fuerch has over 35 years of experience helping Fremont residents and other individuals pursue the compensation that they need.Hold a Careless Driver Responsible for Your Injuries
In most personal injury actions, the first thing that a plaintiff must do is show that the defendant owed him or her a duty of care. The duty of care is a legal standard that describes the level of care and responsibility that we owe to one another in certain situations. In most ordinary contexts, the duty of care requires each of us to act with the same level of care and skill that a reasonably prudent person would show under similar circumstances. When applied to certain situations, like a motor vehicle accident, the duty of care can take on contextual factors. If it were raining or foggy at the time of a collision, for example, the duty of care would examine how a reasonably prudent driver would have handled his or her vehicle in light of these unusual weather conditions.
After proving the level of care that the defendant owed to the victim, he or she must next show that the defendant failed to act according to that standard of care. Motor vehicle drivers who fail to obey basic traffic laws nearly always have breached the standard of care. If a head-on collision occurs as the result of the defendant driver’s failure to yield at an intersection, for instance, the defendant probably would have breached of the standard of care because a reasonably prudent driver would obey all traffic laws.
Once the breach has been established, the plaintiff must show that the defendant’s breach was the direct cause of the victim’s injuries. In a situation where the defendant’s breach constitutes a violation of traffic laws, the plaintiff would need to show that the plaintiff would not have suffered an injury but for the defendant’s failure to obey the traffic law.
The last step of a negligence action requires the plaintiff to provide documentation and testimonial evidence of the costs and losses that he or she suffered as a result of the crash. These may include medical bills, physical therapy expenses, medications, and any lost wages that result from the plaintiff missing work while he or she recovers from the injuries. Since so many head-on collisions result in devastating harm, many plaintiffs are incapable of returning to their same occupation. In this instance, the defendant probably would be liable for the plaintiff’s loss of future earning capacity.Seek Legal Representation in Fremont for a Motor Vehicle Collision Case
If you or someone you know has been involved in a head-on collision in Fremont or the surrounding area, experienced injury attorney Stephen M. Fuerch can help. He has been providing seasoned counsel for over 35 years to accident victims throughout the Bay Area, including in San Ramon, Hayward, and Alameda. We offer a free consultation, so you have nothing to lose. Call us now at 1-925-463-1073 or contact us online to set up an appointment.