Wisconsin Head-On
Car Collision Attorney
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What is a Head-On Collision?
Of all the types of car accidents, a head-on collision is one of the most frightening and destructive. When two vehicles collide front-to-front, the combined force of the impact can be immense. These crashes often result in catastrophic injuries and fatalities. In Wisconsin, head-on collisions are a serious concern, especially on the many rural and two-lane highways that cross the state.
If you or a loved one has been the victim of a head-on crash, you are likely going through an incredibly difficult time. You may be facing a long recovery, mounting medical bills, and the inability to work. As a personal injury law firm and established law firm, the Wisconsin head-on car collision lawyers at Fitzpatrick, Skemp & Butler, LLC have a dedicated legal team of car accident lawyers and accident lawyers experienced in handling car accident cases. We have the financial resources and expertise, including access to accident reconstructionists and medical experts, to thoroughly investigate and build your case. Our legal team has a proven track record of successful case outcomes, securing substantial settlements and verdicts for similar injuries, and has handled tens of thousands of personal injury claims. We have the experience and resources to fight for the justice and compensation you deserve.
Why Head-On Collisions Are So Devastating
A head-on collision involves a tremendous amount of force. The energy of both vehicles moving toward each other is transferred to the occupants at the moment of impact. This is why these crashes are so much more dangerous than other types of accidents.
Even with modern safety features like airbags and seatbelts, the human body is not designed to withstand the forces of a head-on crash. The injuries sustained in these accidents are often severe and life-altering. Victims frequently suffer serious injuries and severe injuries that can require a lifetime of medical care and result in permanent disability. The physical pain experienced by victims as a result of these injuries can be overwhelming and long-lasting.
Common Causes of Head-On Collisions in Wisconsin Car Accidents
Head-on collisions are almost always preventable. As a type of auto accident, they are often caused by negligent drivers, including drunk drivers, and can result in deadly accidents. They typically happen when one driver makes a serious error and crosses the center line into oncoming traffic. Some of the most common causes of head-on crashes in Wisconsin include:
Distracted Driving
A driver who is texting, talking on the phone, or otherwise not paying attention can easily drift out of their lane. A few seconds of inattention is all it takes to cause a head-on collision. This is a growing problem on all Wisconsin roads, from busy city streets in La Crosse to rural highways in Monroe County.
Driving Under the Influence (DUI)
Drunk drivers are a major cause of deadly accidents, especially in head-on collisions. Alcohol and drugs impair a driver’s judgment, coordination, and reaction time. An intoxicated driver may not realize they have crossed the center line or may be unable to correct their mistake in time to avoid a crash. Impaired driving is a leading cause of fatal head-on collisions.
Drowsy Driving
A fatigued driver can be just as dangerous as a drunk driver. A driver who falls asleep at the wheel will lose complete control of their vehicle, often leading to it crossing into the path of oncoming traffic. This is a particular concern for commercial truck drivers and people who drive long distances on highways like I-90 and I-94.
Reckless Driving and Unsafe Passing
Some drivers intentionally make dangerous maneuvers that lead to head-on crashes. Negligent drivers, whose reckless actions such as trying to pass another vehicle in a no-passing zone on a two-lane road or driving aggressively at high speeds, put everyone on the road at risk.
Common Serious Injuries in Head-On Collisions
The injuries from a head-on collision are often catastrophic. Victims who have suffered injuries in head-on collisions often face similar or even worse outcomes than those involved in motorcycle accidents, where serious injuries are also common. Victims may require extensive medical treatment and may never fully recover. Common injuries include:
- Traumatic Brain Injuries (TBI): The violent impact can cause the brain to strike the inside of the skull, leading to concussions, brain bleeds, and permanent brain damage.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, including paraplegia or quadriplegia.
- Broken Bones: Multiple and complex fractures are common in head-on crashes.
- Internal Injuries: The force of the impact can cause serious damage to internal organs, leading to internal bleeding and other life-threatening conditions.
- Wrongful Death: Sadly, many head-on collisions are fatal. In these cases, the surviving family members may be able to file a wrongful death claim.
It is important for car accident victims to gather evidence and document their injuries to support their claims.
Who Is at Fault in a Wisconsin Head-On Collision?
In nearly all head-on collision cases, one driver is clearly at fault for crossing the center line. However, the at-fault driver’s insurance company will often try to shift the blame to avoid paying the claim. They might argue that you were also partially at fault, perhaps by speeding or not taking evasive action.
This is why it is so important to have the right legal team and an experienced car accident lawyer with specific experience in high-impact accidents involving complex liability disputes and catastrophic injuries on your side. Head-on collision cases often require accident reconstruction experts to determine vehicle speeds and lane positioning at the time of impact. Lawyers frequently work with these experts to prove the other driver crossed the center line. Your attorney will conduct a thorough investigation to prove that the other driver was 100% responsible for the accident. This investigation may involve:
- Analyzing the police report and witness statements
- Hiring accident reconstruction experts to determine how the crash happened
- Obtaining data from the vehicles’ event data recorders (black boxes)
- Reviewing any available traffic or surveillance camera footage
Steps to Take After a Car Accident
If you are involved in a car accident in Eau Claire, WI, taking the right steps immediately afterward can make a significant difference in your personal injury case and your ability to secure fair compensation. First, prioritize your safety and the safety of others by moving to a secure location away from traffic if possible. Call 911 to report the accident and provide the dispatcher with detailed information about the scene, the number of vehicles involved, and any injuries.
After ensuring everyone’s safety, seek medical attention—even if you believe your injuries are minor. Some injuries may not be immediately apparent, and prompt medical treatment is crucial for your health and for documenting your injuries. Keep thorough records of all medical treatment, including diagnoses, prescriptions, and follow-up care, as this documentation will be essential for your personal injury claim. By taking these steps, you help protect your rights and lay the groundwork for receiving the fair compensation you deserve after a car accident in Eau Claire, WI.
Importance of Seeking Medical Attention
Seeking medical attention after a car accident is one of the most important steps you can take to protect both your health and your personal injury claim. Even if you feel fine or believe your injuries are minor, some conditions—such as whiplash, concussions, or internal injuries—may not show symptoms right away. A medical professional can properly assess your condition, provide necessary treatment, and create a record of your injuries and medical treatment.
This documentation is critical when pursuing a personal injury claim, as it provides evidence that your injuries were caused by the accident. Delaying or skipping medical treatment can give the insurance company an opportunity to argue that your injuries are not as serious as you claim or that they were not caused by the accident. By seeking prompt medical attention, you not only safeguard your health but also strengthen your personal injury case.
Understanding Wrongful Death Claims
When a car accident results in the tragic loss of a loved one, surviving family members may have the right to pursue a wrongful death claim. In Wisconsin, a wrongful death claim allows families to seek compensation for losses such as medical expenses, funeral and burial costs, lost wages, and the pain and suffering caused by the loss. These claims are complex and require the guidance of an experienced personal injury attorney who understands the nuances of wrongful death law.
An experienced personal injury attorney can help you navigate the legal process, gather the necessary evidence, and negotiate with the insurance company to ensure you receive the maximum compensation available. If you have lost a loved one in a car accident, it is important to act quickly to protect your rights and seek the compensation your family needs to move forward.
Statute of Limitations
In Wisconsin, there is a strict legal deadline—known as the statute of limitations—for filing a personal injury claim after a car accident. You generally have three years from the date of the accident to file a lawsuit against the at-fault driver or their insurance company. Missing this deadline can result in losing your right to seek compensation for your injuries and losses.
To protect your rights, it is essential to consult with a personal injury attorney as soon as possible after your accident. An attorney can help you understand the legal process, ensure all necessary paperwork is filed on time, and build a strong case for fair compensation. Acting promptly gives you the best chance to recover damages for your medical expenses, lost wages, and other losses resulting from the accident.
Modified Comparative Negligence Laws
Wisconsin uses a modified comparative negligence system to determine compensation in car accident cases. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover damages from the other driver.
For example, if you are determined to be 30% at fault and the other driver is 70% at fault, your compensation will be reduced by 30%. Because insurance companies often try to shift blame to minimize payouts, it is crucial to work with an experienced personal injury attorney. Your attorney will help you gather evidence, build a strong case, and negotiate with the insurance company to ensure you receive the maximum compensation you deserve, even if comparative negligence is a factor in your claim.
Compensation for Your Personal Injury Claim
If you were injured in a head-on collision, you are entitled to seek to recover compensation for the full extent of your losses, including the ability to recover financial compensation for your injuries and damages. Victims can pursue financial compensation for both economic and non-economic damages, and an experienced personal injury lawyer can help you recover compensation and maximize your claim.
The claims process for car accident claims and car accident lawsuits often involves negotiations with the insurance company, and many personal injury cases, including car accidents, settle out of court or pre-trial. Personal injury lawsuits in Wisconsin must be filed within three years of the injury. Personal injury lawyers, injury lawyers, auto accident attorneys, and car accident attorneys can guide you through the claims process, manage insurance communications to protect you from adjusters who may try to lower payouts, and work to secure a fair settlement.
We offer a free consultation and free case evaluation to help you understand your options with no financial obligation. Most Eau Claire personal injury lawyers work on a contingency fee basis, typically charging 25% to 40% of the final award, and it is important to confirm if out-of-pocket expenses are covered if the case is lost or if clients remain responsible for those expenses. Understanding out-of-pocket expenses is crucial in personal injury cases.
Economic damages may include medical costs, property damage, property damage claim, lost earning capacity, and other out-of-pocket expenses. An attorney calculates the full claim value by assessing long-term costs, including future medical treatments and lost earning capacity. Insurance companies often make initial settlement offers that are lower than what victims may be entitled to, so having an experienced attorney is essential to pursue a fair settlement and recover the compensation you deserve.
Economic Damages: Medical Bills
These are the measurable financial losses you have suffered, such as:
- Past and future medical bills
- Medical costs
- Lost wages and loss of future earning capacity
- Lost earning capacity
- Costs for physical therapy and rehabilitation
- Costs for in-home care and medical equipment
- Property damage
- Property damage claim
Non-Economic Damages
These are the non-financial losses that have a profound impact on your life, including:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability and disfigurement
Frequently Asked Questions About Head-On Car Collisions in Wisconsin
Q. What causes most head-on car collisions in Wisconsin?
A. Head-on car collisions in Wisconsin often occur on rural two-lane highways and roads where drivers cross the centerline due to factors like distracted driving, fatigue, impaired driving, speeding, or attempting unsafe passing maneuvers. Poor weather conditions, such as snow or ice common in Wisconsin, can also contribute by causing loss of control. These crashes are among the most severe because of the direct frontal impact at high relative speeds. A head-on car collision attorney at Fitzpatrick, Skemp & Butler, LLC, can investigate the specific circumstances of your crash to determine liability and build a strong case for compensation.
Q. What injuries are most common in Wisconsin head-on car collisions?
A. Head-on car collisions in Wisconsin frequently result in catastrophic injuries due to the intense force of impact, including traumatic brain injuries, spinal cord damage, broken bones, internal organ trauma, severe whiplash, facial fractures, and burns from vehicle fires or airbags. These injuries often require extensive medical treatment, long-term rehabilitation, or lead to permanent disability. Our head-on car collision lawyers at Fitzpatrick, Skemp & Butler, LLC, work with medical experts to fully document your injuries and pursue compensation that covers current and future medical needs, lost wages, and pain and suffering.
Q. How is fault determined in a head-on collision in Wisconsin?
A. In Wisconsin, fault in a head-on collision is determined based on evidence such as police reports, witness statements, accident reconstruction, vehicle damage analysis, and any available dashcam or traffic camera footage. Wisconsin follows a modified comparative negligence rule (Wisconsin Statute § 895.045), meaning you can recover damages if your fault is 50% or less, though the award is reduced by your percentage of fault. The head-on car collision attorneys at Fitzpatrick, Skemp & Butler, LLC, thoroughly examine all evidence to establish the other driver’s negligence and minimize any assigned fault to you.
Q. Can I recover compensation if the head-on collision involved an uninsured driver in Wisconsin?
A. Yes, if the at-fault driver in a Wisconsin head-on car collision is uninsured or underinsured, you may recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Wisconsin law requires insurers to offer UM bodily injury coverage (Wisconsin Statute § 632.32), which can help pay for medical expenses, lost income, and other damages when the responsible party lacks adequate insurance. The auto accident attorneys at Fitzpatrick, Skemp & Butler, LLC, review your policy, file the necessary claims, and pursue all available resources to ensure you receive fair compensation.
Q. What compensation can a head-on car collision lawyer help me recover in Wisconsin?
A. A head-on car collision lawyer in Wisconsin can help you seek economic damages such as medical bills, rehabilitation costs, lost wages, future earning capacity loss, and property damage, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases, punitive damages may apply if the conduct was reckless. Wisconsin law supports comprehensive recovery when negligence is proven. At Fitzpatrick, Skemp & Butler, LLC, our head-on car collision lawyers calculate your full losses and advocate aggressively for maximum compensation.
Q. How long do I have to file a claim after a head-on car collision in Wisconsin?
A. In Wisconsin, the statute of limitations for personal injury claims from a head-on car collision is generally three years from the date of the accident (Wisconsin Statute § 893.54). This deadline applies to seeking compensation for injuries and related damages. Delaying beyond this period can forfeit your right to recover. The head-on car collision attorneys at Fitzpatrick, Skemp & Butler, LLC, act quickly to preserve evidence, meet all deadlines, and protect your ability to pursue a successful claim.
Q. Should I accept an insurance settlement offer after a Wisconsin head-on collision?
A. It’s often not advisable to accept the first insurance settlement offer after a head-on collision in Wisconsin, as these initial proposals frequently undervalue serious injuries and long-term impacts common in such crashes. Insurers may pressure for a quick resolution before full medical outcomes are known. Consulting a lawyer ensures the offer is evaluated properly and negotiations aim for fair value. At Fitzpatrick, Skemp & Butler, LLC, our auto accident lawyers provide free consultations to review any offer and fight for the compensation you truly deserve, with no fees unless we win your case.
How a Wisconsin Head-On Car Collision Attorney Can Help
After a devastating head-on collision, you need to focus on your physical and emotional recovery. Let the experienced attorneys at Fitzpatrick, Skemp & Butler, LLC handle the legal battle for you. We have a proven track record of success in helping victims of serious car accidents get the compensation they need to rebuild their lives.
When you hire us, we will immediately go to work for you. We will:
- Handle all communications with the insurance companies.
- Investigate your accident to build the strongest possible case.
- Work with medical and financial experts to calculate the full value of your claim.
- Negotiate aggressively for a fair and just settlement.
- Take your case to trial if the insurance company refuses to do what is right.
We represent clients throughout Wisconsin, including La Crosse, Eau Claire, and the surrounding counties. Contact us today at 608-784-4370 for a free, no-obligation consultation. You will not pay any attorney fees unless we win your case.
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