Who Is At Fault in a Head-On Collision?

March 12, 2026 | By Colombo Law

A head-on collision is one of the most serious accidents anyone can be involved in. It occurs when the front of one vehicle smashes into the front of another vehicle traveling in the opposite direction. These accidents can be deadly, and they often lead to catastrophic injuries.

Determining fault is critical for obtaining compensation after a head-on or frontal crash. Morgantown car accident lawyers at Colombo Law can investigate and collect evidence to hold the other driver accountable.

Call 304-599-4229 today for a FREE case review. Our attorneys serve the victims of head-on collisions throughout West Virginia from multiple offices in Morgantown.

Who Is Responsible in a Head-On Collision?

Responsibility for a head-on crash may lie with one or both drivers. It all depends on what each driver did leading up to the accident, and whether their actions constitute negligence or violate traffic laws.

For example, if the driver coming toward you was texting, that would be negligent and violate West Virginia’s Electronically Distracted Driving Act. The texting driver would likely be found responsible for such a collision.

Comparative Fault

It is possible for one driver to be 100% at fault and the other to be blameless. However, not all claims are so cut and dried.

The evidence may show that both drivers are partly at fault. Say, for example, that you drifted slightly into the other driver’s lane, while most of the other vehicle was in yours. In this case, 10% of the fault may be attributed to you while the other driver would be 90% responsible.

West Virginia is a comparative negligence state. You can still claim damages if you are partly responsible for the accident that led to your injuries. However, your share of fault must be less than the defendant’s to be awarded compensation (see West Virginia Code §55-7-13c).

Common Causes of Head-On Collisions

Nearly all head-on collisions are the result of carelessness. The conduct of both drivers needs to be examined carefully to ensure any findings of fault are accurate. Some of the most common causes of these wrecks for which you might be able to make a claim include:

Distracted Driving

A distracted driver may enter oncoming traffic without realizing it. This can lead to devastating accidents.

Distractions that increase the risk of a head-on collision include:

• Cell phone use such as texting, talking, posting on social media, looking at GPS, etc.
• Eating and drinking
• Talking to passengers
• Adjusting the radio or climate controls
• Smoking or vaping
• Tending to personal hygiene (putting on makeup, brushing or combing hair, etc.)
• Looking at people, objects, or events outside the vehicle (rubbernecking)
• Reaching for something in the glovebox, on the floor, etc.
• “Zoning out” behind the wheel

A recent study found that using a cell phone while driving increases the risk of an accident by 240%. Though the dangers of distracted driving are well-known, far too many motorists still choose not to pay attention when they’re on the road. A lawyer well-versed in distracted driving crashes can prepare a strong case on your behalf.

Impaired Driving

Driving under the influence of alcohol and drugs is extremely dangerous. Impairment leads to poor judgment and decreased reaction time, both of which increase the chances that the drunk or drugged driver will hit a vehicle head on. Know what to do if you are the victim of a drunk driving crash and how to hold the intoxicated driver accountable.

Wrong-Way Driving

Morgantown’s major downtown roads (High Street, Chestnut Street, Pleasant Street, Spruce Street, Walnut Street) are all one-way. Any time a driver travels in the wrong direction on these or any other road (potentially due to distraction or impairment, or just unfamiliarity with the area), a head-on collision may occur.

Crossing the Center Line

On a two-way road, you’ll often see motorists drift from their lane into the path of an oncoming vehicle. Sometimes the driver is able to correct and get back on their side, but in other cases crossing the center line can end in a violent crash.

Excess Speed

Speeding increases the risk of any type of accident. In a head-on collision, high speeds generate more force, which can lead to serious and even fatal injuries. This is especially true when there is a mismatch in size between vehicles, such as a collision with a semi-truck.

Unsafe Passing

On a two-lane road, drivers need to allow enough time to overtake the vehicle in front of them and get back into the right lane. They must also refrain from overtaking another vehicle when there is a double yellow line or when passing is prohibited. Failure to follow these rules often results in head-on crashes with other drivers.

What Evidence Do I Need?

You may need multiple forms of evidence to prove the other driver was at fault for a head-on collision. It is essential to contact a car accident lawyer as soon as possible to investigate and gather evidence on your behalf.

Evidence that may be useful for proving that the other driver was responsible includes:

• The police crash report
• Witness testimony
• Photographs of the scene
• Video footage of the accident
• Physical evidence at the scene, such as skid marks and debris
• Examination of the vehicles
• Cell phone records and other electronic data
• Reconstruction of the accident
• Testimony from expert witnesses

You will also need to show that you were injured as a result of the crash. Complete medical records are key for showing that you suffered injuries, as well as establishing their seriousness. Your attorney can enlist medical experts to testify as to any long-term or permanent effects.

Finally, you need to provide strong evidence for any damages you claim. A head-on collision lawyer in Morgantown can help you pursue fair compensation for medical expenses, lost wages and earning capacity, pain and suffering, and more. If someone you love died after being hit head on, you and your family may be entitled compensation for funeral and burial expenses, lost earnings, and other damages.

Why Do I Need to Prove Fault for a Head-On Collision?

In West Virginia, you need to prove someone is at fault to recover compensation for a car accident. You don’t have a claim if you can’t present evidence of the other driver’s negligence.

The driver’s insurance company will conduct their own investigation to determine responsibility. Insurers often contest fault. They may try to argue that you caused the crash. Accepting such a conclusion would mean forfeiting your right to just compensation.

Having knowledgeable legal representation is the best way to protect your rights and avoid being taken advantage of by insurance companies. An experienced lawyer can help you navigate disputes, negotiate a fair settlement, prepare your case for trial, and, if necessary, present it in court. This involves persuading a judge or jury that the other driver was at fault.

Contact a Head-On Collision Attorney in Morgantown Today

Being struck head on by a car or large truck can permanently alter the rest of your life. At Colombo Law, we account for all of the damages you are due. This includes current medical bills and other losses, as well as the burdens you will face going forward.

Our emphasis on trial preparation makes us formidable opponents in settlement negotiations and in court. We prepare every case as though it will go to trial, which enables us to explore all avenues for obtaining compensation and advocate for the best result.

For a FREE case review, call Colombo Law at 304-599-4229 today. Our car accident lawyers serve the victims of head-on collisions in Morgantown and all of West Virginia.