Wrong-Way Car Accident Lawsuit Attorneys

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Why Do Wrong-Way Accidents Happen?

Although they are not one of the most common types of roadway accidents in Florida, wrong-way car accidents happen frequently enough for a consistent theme of why they occur to emerge. These types of crashes involve a combination of driver error, roadway design issues, weather, and impaired driving. Let’s take a closer look at some common causes of car accident lawsuits involving wrong-way crashes.

Driver Negligence

Impaired driving, whether it be under the influence of drugs, alcohol, or other substances, remains a leading cause of wrong-way car accidents. According to research from the AAA Foundation for Traffic Safety, between 2010 and 2018, 6 in 10 wrong-way car accidents involved alcohol-impaired drivers.

Distracted driving can also play a role. If a driver is focusing on texting, GPS navigation, or other actions besides paying attention to the roadway, they can inadvertently drive onto a roadway that goes against the flow of traffic.

Dangerous roadway behaviors including speeding, reckless driving, and even road rage, can also result in wrong-way car accidents.

Additionally, driver error, whether because a driver is unfamiliar with the area, fatigued, or older and struggling with a sense of direction and awareness, can also lead to wrong-way car accidents.

Infrastructure and Environmental Factors

Poorly designed roadways can also contribute to wrong-way collisions. 

Some examples include:

• Poor signage
• Poorly designed ramps or intersections
• Inadequate lighting
• Weather conditions that compromise a driver’s ability to follow the flow of traffic

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How Serious Are Injuries in Wrong-Way Car Accidents?

Because wrong-way car accidents typically involve head-on collisions, injuries from these types of accidents tend to be more severe. 

Some common wrong-way driving injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Fractures (multiple and severe)
• Internal organ damage and bleeding
• Soft tissue injuries (whiplash, sprains, strains)
• Lacerations and disfigurement

In severe cases, the collision impact might be so great that it could lead to the death of an individual. This might happen either at the time of the collision, or due to medical complications after the accident. When this happens, the personal injury claim turns into a wrongful death claim.

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What To Do if You’ve Been in a Wrong-Way Car Accident

If you’ve been involved in a wrong-way car accident, follow this step-by-step guide to ensure you’re taking the appropriate actions for your health and legal needs:

1. Ensure your safety and the safety of others. This might involve moving off the road until help arrives.
2. Call 911 to report the accident. A medical team will be dispatched as well.
3. Allow the medical team to assess you for injuries.
4. Gather information at the scene, including the other driver’s contact and insurance information, any witness statements, and photos or videos of injuries, property damage, and the accident scene. 
5. Never admit fault or give a recorded statement to the other driver’s insurance company.
6. Contact Jack Bernstein, Injury Attorneys, to speak with an attorney experienced in wrong-way car accidents.

As you move through the legal process, document everything related to the accident. This includes photographs, medical invoices, and other evidence that helps paint a clearer picture of what happened.

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Who Can Be Held Liable for a Wrong-Way Crash?

At the heart of any personal injury claim is negligence. This is a legal concept defined by four elements. These elements need to exist in order for negligence to be present.

The four elements include: 

1. The defendant had a duty of care to your safety.
2. They violated that duty.
3. Their actions caused the accident that led to your injuries.
4. You’ve suffered physical injuries as a result of the accident.

With this in mind, there may be one or more parties in your case that could be held liable or at fault in a head on collision. 

Some common negligent parties may include:

• The wrong-way driver: If the wrong-way driver crashed because they were driving impaired, distracted, or were otherwise negligent, they will be held liable. 
• Government entities: Poor road design, lack of signage, or inadequate lighting contributed to the crash. These are all duties of government entities to maintain. 
• Car manufacturers: Though less common, vehicle defects like brake failure or unintended acceleration could lead to a car manufacturer being liable for the accident.  
• Other negligent parties: There may be third parties such as bars or restaurants that overserved alcohol to a drunk driver who then caused the accident.

After determining liability, you can pursue legal action to recover compensation. As a no-fault state, Florida requires drivers to first use their personal injury protection (PIP) insurance to cover medical bills and damages. However, if your injuries are classified as serious and exceed PIP coverage, you can file a car accident lawsuit.

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How Jack Bernstein, Injury Attorneys, Can Help

The wrong-way car accident attorneys at Jack Bernstein, Injury Attorneys, are dedicated to helping victims like you recover the compensation you deserve after a wrong-way car accident. 

Working with our lawyers ensures you receive:

• A thorough investigation of your accident to determine who was at fault.
• Critical evidence gathered and preserved to strengthen your claim and maximize the compensation you may be able to recover. 
• Expert handling of insurance companies on your behalf.
• Our attorneys are skilled negotiators and will fight aggressively on your behalf to push back against lowball settlements.  
• If a settlement is unable to be reached, our attorneys are well versed with the legal system and will represent you fully in front of a judge or jury. 
• Finally, our attorneys specialize in providing compassionate, personalized legal support throughout the entire process.

Trust our team to support you fully as we fight for your rights to a fair settlement and just outcome. Our Tampa car accident lawyers work on contingency, and we won’t take a fee until we win your case. 

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