However, fault isn't always straightforward. The other driver may claim you were speeding, that they swerved to avoid an obstacle, or that road conditions caused them to lose control. Thorough investigation is essential to establish clear liability.
How Fault Is Determined in Head-On Collisions
In most head-on collisions, the driver who crossed the center line or entered the wrong lane is at fault. This includes drivers who drift into oncoming traffic due to distraction, intoxication, or falling asleep, as well as wrong-way drivers on highways.
- ✓Police accident report findings
- ✓Physical evidence from the crash scene
- ✓Witness statements
- ✓Dashcam and surveillance footage
- ✓Vehicle damage patterns
- ✓Road markings and skid marks
- ✓Cell phone records (distraction)
- ✓Blood alcohol test results
California's Comparative Negligence in Head-On Collisions
California follows "pure comparative negligence," meaning you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault. For example, if you're 20% at fault and your damages are $500,000, you'd receive $400,000.
Insurance companies often try to assign partial fault to reduce their payout. Our attorneys fight these tactics by gathering evidence proving the other driver was solely or primarily responsible for the head-on collision.
Frequently Asked Questions
What if both drivers were on the correct side of the road?▼
True head-on collisions require one vehicle to be in the wrong lane. If impact occurred at an intersection or other location where both vehicles were legally positioned, it may be a different type of collision with different fault considerations.
Can I recover damages if I was partially at fault?▼
Yes. California's pure comparative negligence allows recovery even if you were mostly at fault, though your compensation is reduced by your fault percentage.
What if the other driver claims I was speeding?▼
Being over the speed limit doesn't automatically make you at fault for a head-on collision. The driver who crossed into your lane typically bears primary fault. However, your speed may affect your percentage of fault.
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