How Is Liability Determined in a Head-On Collision?

Head-on collisions are some of the most dangerous car accidents a person can get into. When you walk away from a head-on collision with another vehicle, you may be left with substantial financial and physical losses that take months to resolve.

You can, of course, hold the party responsible for your head-on collision with the flame by taking them to court for accident compensation. Who, though, is liable for a head-on collision, and how do New York attorneys assign liability? When you meet with our car accident attorneys at the Law Office of Cohen & Jaffe, you can discuss through what means you could assign fault to the party responsible for your losses.

We Examine the Evidence at the Scene of Your Accident

The first step in establishing liability for a head-on collision with another vehicle or truck is to examine the evidence available at the scene of your accident. The range of evidence can help us determine what force was involved in your accident and why the accident occurred in the first place.

The evidence you can present addressing accident liability can include:

• Physical debris from the vehicles involved in the accident
• Physical debris from damaged property
• Medical bills addressing your post-accident care
• Pay stubs elaborating on your lost wages
• Video footage of the accident
• Photos of the accident
• Bystander testimony
• Expert witness statements
• Professional accident recreations

It is not your job, as a head-on collision accident victim, to make a story out of the data presented by your evidence. Rather, that’s our job as your personal injury attorneys. We can keep you up-to-date as we piece together the cause of your accident and make sure we hold the right parties responsible for your losses.

We Break Down Drivers’ Responsibilities

After gathering evidence of negligence, we determine who was on the scene at the time the accident occurred. We further establish which parties owed you a duty of care and, based on the evidence, how that duty of care was violated.

Every driver on the road has a responsibility to act reasonably behind the wheel. Parties who don’t or who end up deliberately endangering you can be held responsible for your accident. You can then take these parties to civil court and demand financial compensation based on the cost of your recovery.

Corporate Drivers Versus Private Motorists

Not every driver on the road is operating a privately-owned vehicle. If you get into an accident with a driver operating a corporate vehicle or who is on duty while behind the wheel, liability changes. Specifically, full or part-time employees operating on corporate time may benefit from corporate protection if you choose to take them to civil court.

In these cases, you may have to file a civil claim against a corporation instead of an individual driver. This only changes if you find that the driver operates as an independent contractor. Independent contractors do not benefit from protections offered by their corporate clients’ legal teams. Thus, these parties represent themselves in civil court.

Government Representatives Can Also be Liable for Car Accidents

There is a chance that government representatives may bear the fault for your actions if they failed to maintain one of the roads in your area. Potholes can contribute to severe accidents, particularly if left on addressed or otherwise altered by local weather.

If you want to hold a government representative liable for your losses, understand that the process is challenging. Government representatives benefit from qualified immunity. Many may only be held liable for roadway accidents if the damage done to your health and person were egregious in nature.

It depends on the facts but some statutes of limitation time periods are as short as 90 days from the date your accident occurred so it’s important to consult with an attorney as soon as possible. With one of our attorneys by your side, you will have the confidence that your claim will be filed promptly and properly.

Come to the Law Office of Cohen & Jaffe With Car Accident Questions

The Law Office of Cohen & Jaffe understands that taking action in the wake of a head-on collision may prove challenging for the average family. That’s why our personal injury attorneys strive to give you the tools you need to fight for compensation without putting additional stress on your shoulders. We could help you assign liability for your losses while you focus on recovering.

To learn more about what our attorneys can do for you in the wake of a head-on collision, contact our team and schedule an initial case consultation. We are available to discuss your case at 516-358-6900 or through our contact form. With the help of evidence and precedent, we can make sure you have the means to pursue compensation for your head-on collision losses.

Also, check out and subscribe to the Cohen & Jaffe YouTube Channel for more information about the legal process in cases similar to yours.

For a free legal consultation, call 516-358-6900