Head-On Collision Claims in Missouri: What Victims Need to Know

Imagine driving down a familiar Missouri road when, without warning, another vehicle crosses the center line and crashes directly into you. The impact of a head-on collision can be devastating, leading to severe injuries, extensive medical bills, and significant disruption to your life. While head-on collisions aren’t the most frequent type of accident, they are undeniably among the most dangerous. In 2023, Missouri witnessed 991 traffic fatalities, a stark reminder of the risks on our roadways. If you or a loved one has been involved in a head-on collision in Missouri, understanding your rights and the steps to take is crucial.

What Causes Head-On Collisions in Missouri?

Head-on collisions occur when two vehicles traveling in opposite directions collide front to front. These accidents often result from a driver’s negligence, meaning they failed to exercise reasonable care while operating their vehicle. Several factors can contribute to a driver losing control and crossing the center line, leading to a head-on crash. Common causes include:

Distracted Driving: With the prevalence of smartphones and other in-car technologies, distracted driving has become a leading cause of accidents. Texting, talking on the phone, adjusting the radio, or even eating can divert a driver’s attention, causing them to drift into oncoming traffic.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, coordination, and reaction time. Impaired drivers are more likely to swerve, cross the center line, or enter roadways going the wrong way.
Fatigued Driving: Drowsy driving can be as dangerous as drunk driving. When drivers are tired, their reaction times slow, and they may have difficulty staying focused on the road.
Speeding: Exceeding the posted speed limit or driving too fast for conditions reduces a driver’s ability to maintain control of their vehicle, especially when navigating curves or reacting to unexpected hazards.
Weather Conditions: Inclement weather, such as rain, snow, or ice, can make roads slippery and reduce visibility. Drivers must adjust their speed and driving habits to account for these conditions.
Wrong-Way Driving: Drivers may mistakenly enter a highway off-ramp or turn onto a one-way street in the wrong direction, leading to a head-on collision. This can be caused by confusion, impairment, or inadequate signage.

Common Injuries in Head-On Collisions

The force of impact in a head-on collision can result in severe and life-threatening injuries. Even at moderate speeds, the combined momentum of two vehicles colliding can cause significant damage. Common injuries include:

Head and Brain Injuries: Traumatic brain injuries (TBIs), concussions, skull fractures, and facial lacerations are common in head-on collisions. These injuries can have long-lasting cognitive, emotional, and physical effects.
Neck and Back Injuries: Whiplash, herniated discs, spinal cord injuries, and fractured vertebrae can result from the sudden jolt of a head-on impact. These injuries can cause chronic pain, limited mobility, and even paralysis.
Broken Bones: The force of the collision can cause fractures to the arms, legs, ribs, and other bones. Broken bones can require surgery, casting, and extensive rehabilitation.
Internal Injuries: Damage to internal organs, such as the heart, lungs, liver, and spleen, can occur in head-on collisions. Internal bleeding can be life-threatening and require immediate medical attention.
Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can result from the impact. These injuries can cause pain, swelling, and limited range of motion.
Psychological Trauma: The emotional distress of a head-on collision can lead to post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues.

What to Do After a Head-On Collision in Missouri

If you’ve been involved in a head-on collision, taking the right steps immediately following the accident is crucial to protect your health and legal rights. Here’s what you should do:

Check for Injuries and Call for Help: Assess yourself and your passengers for injuries. Call 911 immediately to report the accident and request medical assistance.
Move to Safety: If possible and safe, move your vehicle to the side of the road to avoid further accidents. Turn on your hazard lights.
Exchange Information: Exchange contact and insurance information with the other driver. If the other driver is uncooperative or appears impaired, do not engage with them and wait for law enforcement to arrive.
Document the Scene: Use your phone to take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
Gather Witness Information: If there were any witnesses to the accident, ask for their names and contact information.
Seek Medical Attention: Even if you don’t feel immediately injured, seek medical attention as soon as possible. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent.
Contact Your Insurance Company: Report the accident to your insurance company, but avoid providing detailed statements about the accident until you have consulted with an attorney.
Consult with an Attorney: Contact a personal injury attorney experienced in handling head-on collision cases in Missouri. An attorney can advise you on your legal rights and options and help you navigate the claims process.

Proving Negligence in a Missouri Head-On Collision Claim

To recover compensation for your injuries and damages in a head-on collision claim, you must prove that the other driver was negligent. This involves establishing the following four elements:

Duty of Care: The other driver had a legal duty to operate their vehicle safely and follow traffic laws.
Breach of Duty: The other driver breached their duty of care by acting negligently, such as by speeding, driving while distracted, or driving under the influence.
Causation: The other driver’s negligence directly caused the head-on collision.
Damages: You suffered damages as a result of the collision, such as medical expenses, lost wages, and pain and suffering.

Evidence that can be used to prove negligence in a head-on collision case includes:

Police Report: The police report contains important information about the accident, including the date, time, location, and a preliminary assessment of fault.
Witness Statements: Statements from eyewitnesses can provide valuable insights into how the accident occurred.
Photographic Evidence: Photos and videos of the accident scene can help to establish the cause of the collision and the extent of the damage.
Medical Records: Medical records document your injuries and the treatment you received.
Expert Testimony: Accident reconstruction experts can analyze the evidence and provide opinions on how the accident occurred.

Damages Recoverable in a Missouri Head-On Collision Claim

If you can prove that the other driver was negligent and caused the head-on collision, you may be entitled to recover compensation for your damages. Damages in a Missouri car accident case can include:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, doctor visits, physical therapy, and prescription medications.
Lost Wages: Reimbursement for lost income due to your injuries, including past and future lost earnings.
Property Damage: Compensation for damage to your vehicle and other personal property.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
Punitive Damages: In some cases, punitive damages may be awarded to punish the at-fault driver for egregious conduct, such as driving under the influence.

Missouri’s Comparative Fault Law

Missouri follows a “pure comparative fault” rule, which means that you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your final settlement will be reduced by 20%.

Statute of Limitations for Head-On Collision Claims in Missouri

In Missouri, the statute of limitations for personal injury claims, including head-on collision claims, is five years from the date of the accident. This means that you must file a lawsuit within five years of the accident date, or you will lose your right to seek compensation. For wrongful death claims, the statute of limitations is three years.

Choosing the Right Attorney

Selecting the right attorney is a critical step in pursuing a head-on collision claim in Missouri. Look for an attorney who:

Has experience handling head-on collision cases.
Is familiar with Missouri’s car accident laws.
Has a proven track record of success.
Is responsive, compassionate, and communicative.
Offers a free consultation.

Don’t Wait, Take Action Today

If you or a loved one has been injured in a head-on collision in Missouri, don’t wait to take action. Contact an experienced personal injury attorney today to discuss your legal rights and options. A skilled attorney can help you navigate the claims process, gather evidence, negotiate with the insurance company, and fight for the compensation you deserve.