Wrong-Way Accidents

“Wrong-way” accidents are head-on collisions in which the front ends of vehicles traveling in opposite directions collide. Such accidents often occur at a relatively high rate of speed, increasing the likelihood of injuries or death. If you or a loved one has been hurt in a wrong-way crash, the experienced Pembroke Pines car accident attorneys at Cohn & Smith can help you investigate your case with the pursuit of full compensation in mind.

Wrong-way accidents do not happen in the absence of at least one driver making a serious mistake. Certain types of roadway systems (such as cloverleaf, partial cloverleaf, or buttonhook ramps) may increase the risk of such an accident, but often the driver who makes the mistake of going in the wrong direction is impaired or distracted. In fact, drivers who operate their automobiles while under the influence of drugs or alcohol – as well as drivers who text or use cell phones while driving – are much more likely to be involved in any type of crash, compared to drivers who are unimpaired and paying a reasonable amount of attention to the road.

In some types of accident cases, it may be difficult to tell who was at fault. Since one driver was obviously going in the wrong direction in a wrong-way crash, however, it would seem that liability would be clear, and a quick settlement would occur. While this may happen sometimes, it is not always the case. Instead, the defendant may offer an excuse for why they did not see the signs indicating that they were traveling in the opposite direction to oncoming traffic. They may even allege that the state or another branch of the government was at fault, due to poor signage or a faulty road construction plan.

This may complicate what would initially appear to be a straightforward case. Even if the plaintiff can prove by a preponderance of the evidence that the defendant driver breached a duty of care that was owed to the plaintiff and that the plaintiff was harmed as a proximate result, an allegation of fault against a third party may mean that the plaintiff must name that third party as a defendant in the case or risk receiving only partial compensation under Florida’s comparative fault law. While all negligence cases are subject to a statute of limitations, after which a case generally will be dismissed as untimely, lawsuits involving governmental entities have additional, complex rules that may further limit the time in which a plaintiff may take action.

Because of the potential complications in a wrong-way accident, it is very important to seek legal counsel as soon as possible after this type of collision. Failing to act in a timely fashion may significantly devalue a plaintiff’s case, even if they were seriously injured. To talk with a knowledgeable Pembroke Pines lawyer about your wrong-way crash, call Cohn & Smith at (954) 431-8100 or contact us online and ask for a free, confidential case evaluation. We represent people who need a motor vehicle collision attorney in cities such as Pembroke Pines, Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Pompano Beach, and Aventura, as well as areas throughout North Dade County.