Beyond Fault in a Head-On Car Accident

By Ben Sessions on December 28th, 2016 in Car / Auto Accident

Almost anyone can tell that a person driving the wrong way or in the wrong lane is going to be “at fault” for a car crash that results from them traveling in the wrong lane. The basic rule for determining whether someone is traveling in the wrong lane is:

Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway, provided that any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway restricted to one-way traffic.

(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center of the roadway except when authorized by official traffic-control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code section. However, this subsection shall not be construed as prohibiting the crossing of the center of the roadway in making a left turn into or from an alley, private road, or driveway. (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes, provided that this Code section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.

O.C.G.A. § 40-6-40.

Determining fault is an important – indeed a critical part – of obtaining a fair and just recovery for a person that is injured as a result of a car accident. However, in order to maximize the value of a case, we need to go beyond just proving fault in a head-on car accident. Below are a few things that your car accident lawyer should examine in connection with a head-on accident:

Where did the person enter the road going in the wrong direction?
What signage was in place at the point of entry alerting the driver that he/she was going in the wrong direction?
How fast was the person going at the time of impact?
Did the person likely pass anyone while he/she was traveling in the wrong direction?
As a result of the impact, what was your change in velocity?

If you have questions regarding a head-on car accident, contact The Sessions Law Firm now.