How Do Wrong-Way Highway Accidents Happen?

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Wrong-way driving collisions at highway speed are the deadliest type of passenger car crashes because of the combined force of the vehicles bearing down on each other. In some instances, the opposite sides of the highway are divided by only a yellow line or a grass median without any barrier. Such roadways are vulnerable to collisions that occur when a driver veers or drifts across a median, due to intoxication, fatigue, distraction or a mechanical failure such as a tire blowout.

But wrong-way accidents also occur when a driver enters a freeway up an on-ramp. The vehicle then accelerates to merge with traffic, which is coming right toward it. The reasons most often cited for this type of wrong-way collision are:

  • Driving under the influence of drugs, alcohol, or medications
  • Older drivers
  • Fatigued driving
  • Distracted driving
  • Drivers being unfamiliar with the area
  • Poor signage on ramps
  • Poor ramp design
  • Lack of visibility

When the roadway design or maintenance is a factor causing a wrong-way entry, governmental immunity statutes may affect who can be held liable for injuries and wrongful death that result. However, when a driver’s intoxication causes him or her to miss or misread a sign, a jury could decide the driver alone was responsible.

In 2012, the National Transportation Safety Board  released a study on the issue of wrong-way driving on U.S. freeways and made several recommendations to address the danger. The board urged states to adopt mandatory ignition interlock devices for DUI offenders, develop a comprehensive highway safety program for older drivers, modify designs so that drivers have distinctly different views when traveling on exit and entrance ramps, and train police officers on ways to respond to instances of wrong-way driving.

If you or a loved one has been seriously injured in a car accident in West Virginia, consult an experienced personal injury attorney at Kaufman & McPherson, PLLC.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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