Car accidents involving a driver traveling in the wrong direction on a roadway can be some of the most serious and potentially deadly collisions on South Florida roads. Often, these crashes occur when vehicles are driving at high speeds on highways or in congested areas, leading to catastrophic injuries to those involved. The Miami car accident attorneys at the Law Offices of Robert Dixon offer dedicated legal advocacy to victims who have been injured in these types of collisions. Our firm works to ensure that our clients assert their right to proper compensation from those responsible for their injuries, allowing them to focus on their recovery and rehabilitation following a crash.
Seeking Compensation for Injuries Caused by Wrong-Way Accidents
According to the National Transportation Safety Board (NTSB), a wrong-way accident is defined as a crash that results from a driver traveling on a divided highway or access ramp in the opposite direction of traffic. People driving in the opposite direction of other motorists may find themselves in head-on collisions. The NTSB has reported that, on average, wrong-way collisions account for over 350 fatalities each year. Common injuries sustained in these types of accidents include fractured and broken bones, brain trauma, lacerations, punctured lungs, and spinal and neck injuries.
Wrong-way accidents can occur due to a multitude of reasons, including distracted drivers, vision-impaired drivers, and poor or confusing road signs and markers. However, the most common cause of a wrong-way accident is due to a driver under the influence of drugs or alcohol. These types of accidents also most often occur during nighttime hours, with the NTSB finding that almost 80 percent of fatal wrong-way crashes happen between 6:00 p.m. and 6:00 a.m., when visibility is low, and drivers are more tired, as well as more likely to be impaired.
Victims injured by a driver traveling the wrong way on a highway or other road may pursue compensation for their harm by filing a personal injury claim. To receive damages, the plaintiff must first establish that the defendant acted negligently. Negligence is shown by proving that a defendant breached his or her duty to act as a reasonable and prudent person would have acted under similar circumstances. It must also be shown that the defendant’s breach was a proximate cause of the plaintiff’s injuries and that damages resulted. If a defendant is operating a vehicle under the influence of alcohol, and that impaired judgment results in his or her using the wrong access ramp to enter a highway, negligence would likely be established.
If poorly maintained or inaccurate signs contribute to a wrong-way accident, a municipality or property owner responsible for those signs may also be held accountable in a premises liability claim. Once liability is established in either type of case, injured people may recover damages for their harm, potentially including past and future medical expenses, property damage, lost earning capacity and wages, and more subjective forms of harm like pain and suffering.
