Head-On and Wrong-Way Crashes in Ohio: Why They Are So Deadly and Who Is Liable

Published February 15, 2022 · Injury Law Basics

Most drivers have had the moment: headlights coming over a hill on a two-lane road, a little too far toward the center line, and a split second of wondering whether the other car will move over. Usually it does. When it does not, or when a driver enters an interstate exit ramp going the wrong direction, the result is a head-on collision, the most violent kind of crash there is.

As a Dayton police officer for nineteen years, I worked crash scenes on the interstates and on the county roads around Dayton. Head-on scenes are the ones officers remember. As a lawyer, I see what comes afterward: the surgeries, the months of rehabilitation, and too often a family planning a funeral. This post explains why these crashes are so destructive, how fault is proven, and where the money to pay for a catastrophic injury actually comes from.

Why head-on crashes cause such severe injuries

In a rear-end crash, both vehicles are usually moving in the same direction, and the difference in their speeds determines the force of the impact. In a head-on crash, the speeds combine. Two cars each traveling 50 miles per hour close on each other at 100, and each vehicle can go from full speed to a stop, or even be pushed backward, in a fraction of a second. The people inside absorb that violent change in motion.

Seat belts and airbags save lives in these crashes, but they cannot prevent everything. The injuries we see include:

• traumatic brain injuries, even when the head never strikes anything hard;
• fractures of the legs, ankles, and pelvis from the footwell crushing inward;
• chest and abdominal injuries from the belt and steering column;
• spinal injuries, including herniated discs and fractures; and
• fatal injuries, which make these crashes a leading source of wrongful death claims.

The rules of the road that establish fault

Fault in a head-on crash is often clear, and Ohio's traffic code helps prove it.

Stay on the right half of the road. R.C. 4511.25(A) requires vehicles on roadways of sufficient width to be driven on the right half of the roadway, with limited exceptions such as passing, turning left, or avoiding an obstruction. Even when an obstruction forces a driver left of center, that driver must yield to oncoming traffic. On roadways with four or more lanes carrying two-way traffic, R.C. 4511.25(C) prohibits driving left of the center line except where traffic-control devices allow it.

Obey no-passing zones. R.C. 4511.31(A) requires drivers to obey the signs and pavement markings that mark no-passing zones on state highways. A driver who passes on a double yellow line over a hill or around a curve and strikes an oncoming car has violated a specific safety statute.

Do not drive impaired. Many wrong-way crashes, particularly at night on the interstates, involve a driver who is impaired by alcohol or drugs. Operating a vehicle under the influence is a crime under R.C. 4511.19, and a criminal case against the driver often produces blood or breath test results that become powerful evidence in the civil case.

When a driver violates a safety statute like these, that violation can establish negligence in the civil case. The defense will still look for ways to shift some blame to you, arguing that you could have swerved, braked sooner, or were going too fast. That is why the evidence described below matters even in a crash where fault seems obvious.

Who may be responsible

The wrong-way or left-of-center driver is the obvious defendant. Depending on the facts, others may share responsibility:

• An employer, if the driver was working at the time, such as making deliveries, driving a company truck, or traveling for business. Commercial vehicles often carry far higher insurance limits than personal cars. Our page on car and truck accidents explains how these claims work.
• The vehicle owner, if the owner lent the car to someone known to be unlicensed, impaired, or dangerous.
• A bar or restaurant, if it served alcohol to a noticeably intoxicated person who then caused the crash.
• A public agency or contractor, in unusual cases where missing signs, a confusing ramp design, or a work zone contributed to a driver entering the wrong way. These claims are subject to immunity rules and must be investigated early.

Where the money comes from

In a catastrophic crash, the hardest question is often not who was at fault but how the injured person will be fully compensated. A driver who carries only Ohio's minimum $25,000 per person in liability coverage cannot begin to pay for a brain injury or a lifetime of care. We explained last month why the 25/50/25 minimums are not enough.

That is why we look for every policy that may apply: the at-fault driver's policy, any employer's commercial policy, umbrella coverage, and your own uninsured and underinsured motorist coverage. When the wrong-way driver has no insurance at all, which is not unusual, your own UM/UIM coverage may be the main source of recovery.

Punitive damages for reckless drivers

Compensatory damages pay for what the injured person lost: medical bills, wages, pain, and the loss of a normal life. Ohio also allows punitive damages, meant to punish and deter, in limited circumstances. Under R.C. 2315.21(C), punitive damages require proof that the defendant acted with malice or aggravated or egregious fraud, and the jury must first award compensatory damages. Ordinary carelessness is not enough, but a driver who chooses to drive drunk, flees police the wrong way down a highway, or deliberately passes in a no-passing zone at high speed may meet that standard. Punitive damages are generally capped at two times the compensatory award under R.C. 2315.21(D)(2), with lower limits for individuals and small employers.

Evidence that disappears quickly

Head-on crashes are usually investigated by police, but the police investigation is aimed at criminal charges, not at proving your damages or finding every responsible party. Critical evidence can vanish within days:

• Event data recorders. Most modern vehicles record speed, braking, and steering in the seconds before a crash. When a car is declared a total loss and sent to salvage, that data can be lost.
• 911 recordings. Other drivers often call 911 to report a wrong-way car before the crash. Those calls show how long the driver was going the wrong way and can be purged on a retention schedule.
• Video. Traffic cameras, businesses near exit ramps, and dashcams may have captured the vehicle's path.
• Toxicology and bar receipts. Where impairment is suspected, records of where the driver was drinking must be identified quickly.

Our guide chapter on gathering evidence while it still exists explains how preservation letters protect this evidence and why speed matters.

What this means for you

If you or a family member was hurt in a head-on or wrong-way crash, the case will likely be about two things: proving the full extent of a serious injury, and finding enough insurance to pay for it. Both depend on work that has to begin right away, while vehicles, recordings, and witnesses are still available.