Cape Girardeau Head-On Collisions

Head-on collisions are devastating due to the sheer physics involved. When two vehicles collide head-on, the force of the impact often is enough to crush both vehicles and the occupants inside of them. They generally occur when one car travels into a lane of traffic heading in the opposite direction. This could be due to drowsy driving, drunk driving, distracted driving, or simply failure to navigate a curve correctly. If another driver’s negligence caused you to get hit head-on, you may be entitled to monetary damages for your bodily injuries and other losses. Proving negligence of the at-fault driver is required in order for you to seek damages.

Under Missouri law, the legal theory of negligence per se can be used establish liability. Under this theory, four elements must be met:

1. The defendant must have violated a statute. This could include speeding through the Southeast Missouri State University campus or failing to yield while merging onto I-55. Look for any citations given by the responding police officer.
2. The injured party must be a member of the class of people the statute was intended to protect.
3. The injury sustained was of the kind the statute was designed to prevent.
4. The violation of the statute was the proximate cause of the injuries sustained.

If all four elements can be met, then you may be entitled to compensation under Missouri law. Compensation awards for compensatory damages are generally divided into two categories – economic and non-economic. Economic damages are awarded based on tangible losses such as your lost wages, medical bills, prescriptions, and other monetary losses. Non-economic damages, on the other hand, encompass your pain and suffering, loss of enjoyment of life, mental anguish, and emotional distress.

A head-on collision may turn into a word versus word situation, where both drivers end up pointing the finger at the other. Those involved in a car accident in Cape Girardeau should call the police to the scene. The responding officer can interview the parties, speak with witnesses, assess the property damage, and issue citations. Missouri is a pure comparative fault state, which means the other driver may assert comparative fault against you in an effort to reduce your recovery. For example, if a judge or jury awards you $100,000 in damages but found you to be 30% at fault for the collision, you would only be able to collect $70,000.