Head-On Truck Accident Lawyers

How Common Are Head-On Truck Collisions?

Despite not being as common as rear-end truck accidents, head-on collisions with trucks cause a disproportionate number of serious injuries and fatalities. In 2022, 32% of all fatalities in crashes involving a large truck and a passenger vehicle occurred because of head-on collisions.

These accidents typically crush the windshield and hood of a car, which might not trigger the release of the airbags as quickly as necessary. That’s why head-on collisions are more likely to result in traumatic brain and spinal cord injuries for car occupants, causing more deaths than other accidents.

How Do Head-On Truck Accidents Occur?

Because vehicles are never supposed to be traveling in opposite directions while in the same lane, head-on collisions are usually the result of driver error. In some cases, road conditions can also be to blame.

Distracted Driving

A truck driver who’s texting, eating, or fiddling with the radio is more likely to miss signs that warn them of one-way streets. Distracted driving is a major concern among truckers, causing up to 71% of commercial truck accidents.

Both New Jersey and federal law bar drivers from using handheld phones or doing anything else that distracts them from the road. Despite these laws, distracted driving crashes still occur. External distractions contribute to the issue, too, with billboards and roadside attractions being as dangerous as checking text messages.

Intoxicated Driving

A driver under the influence of drugs or alcohol has slower reaction times and impaired coordination. These substances also make them more distracted. Having just one drink is enough to make a truck driver a danger.

If a trucker is intoxicated, they might not notice “No Entry” signs or may be so inebriated they exhibit reckless behavior like entering one-way streets in the wrong direction. Intoxication can also make it easier for them to lose control of the truck, causing it to swerve into the lanes of oncoming traffic.

Fatigued Driving

Truck drivers must adhere to federal and state laws regarding how many hours they can be on duty. These laws are in place to help keep them from driving while exhausted. A drowsy trucker won’t be able to react as quickly as needed to hazards on the road. They may also be more distracted.

A trucker could be so tired they don’t see the signs warning them of one-way streets. They may even fall asleep at the wheel, allowing the truck to careen toward oncoming traffic. Unfortunately, many trucking companies encourage drivers to work for longer than is legal. Some even offer incentives, like bonuses, for doing so.

Inexperienced Drivers

To safely operate a large truck, drivers need to have training and experience. Without these, truckers can attempt wide turns without realizing they’ll encounter oncoming traffic. As such, they may not be able to fully control the vehicle during complex maneuvers. All of this can lead them into the paths of other vehicles.

Reckless Driving

Reckless driving refers to operating a vehicle with no regard for the safety of others. If a truck driver tailgates or runs a stop sign or red light, they’re engaging in reckless driving. Failing to follow traffic signals can lead them to head-on collisions, as can improper passing.

Improper Truck Maintenance

If the brakes malfunction or another truck part doesn’t work as it needs to, the trucker could lose control of the vehicle, causing head-on collisions. Trucking companies have to perform regular maintenance on their trucks, but many don’t bother.

Truckers, too, have the responsibility of ensuring that the truck is functioning as it needs to. Failure to do so could make them just as liable as the trucking company.

Road Conditions

Sometimes, the road itself leads to accidents. If there are potholes or cracks, the truck could veer out of its lane. Missing lights or street signs can also be an issue.

Liability in Head-On Truck Accidents

To be able to successfully hold someone liable for a head-on truck accident, you first need to establish what caused the collision. That requires gathering evidence, including:

• Truck maintenance records
• Driver logs
• Camera footage
• Expert testimony

If the accident was the result of actions the driver took, such as driving while intoxicated or distracted, the trucker could be liable. In instances where they drove while drowsy, the trucking company may be involved, too, if they encouraged the person to break regulations.

Inexperienced drivers might be liable, but the company that hired them usually holds the larger degree of fault. They’re meant to ensure that the drivers they choose to employ are qualified to drive a truck and that they receive the right training.

Truck maintenance issues are usually the company’s fault. However, the trucker could be responsible if they’re required to check the vehicle before getting it on the road. In cases where road conditions led to the accident, government entities in charge of maintaining the road are liable.

What Damages Can You Claim After a Head-On Truck Accident?

After being in a head-on truck accident that resulted in injuries and other losses, you could claim compensatory and punitive damages. Compensatory damages are designed to do what their name suggests: compensate you for your losses. Punitive damages serve to punish the defendant.

Economic damages are compensatory ones that seek to help you recover financial losses. It can cover expenses you incurred or will incur as a result of the crash. These can include:

• Medical expenses, including long-term care and future treatments
• Car repairs, a rental vehicle, or a new vehicle if the old one was totaled
• Lost wages, including salaries, bonuses, and commissions

After your accident, it’s possible that you won’t be able to make as much money as you could before the accident — if you can even work at all. If that’s the case, you could also be compensated for the loss of your future earning potential.

Non-economic damages compensate you for losses that are not financial in nature. One example of these is pain and suffering. Pain and suffering compensation helps you recover damages for the emotional and physical distress you’ve undergone.

If you can’t live your life as you did before the accident, you can also claim loss of enjoyment of life. In the event of a loved one dying in the accident, close relatives can claim loss of consortium as well, which compensates you for your loss of support, companionship, and more.

Punitive damages are awarded only in cases where the defendant acted with malicious intention or in an egregious manner.

How a Truck Accident Lawyer Can Help

After being in a head-on collision with a truck, you need to hire an experienced lawyer to represent you. With these kinds of claims, establishing liability can be complex. A lawyer will know what evidence can help prove fault, and they will have expert witnesses they can turn to for corroborating testimony.

Without a lawyer, you would have to gather all of the evidence and hire expert witnesses yourself — which adds to your already mounting bills. Because reputable personal injury lawyers work on a contingency fee basis, you don’t have to worry about paying anything upfront if you hire one. 

Negotiating with insurance companies is never easy. Insurers have one goal: to pay you as little as they can get away with. To achieve that aim, they may try to bully you into dropping your claim or accepting a low offer. With a lawyer helping you, this isn’t a problem. They will negotiate for you while you focus on healing.