Who is at fault in a head-on crash
The driver who crossed the center line or traveled the wrong way is at fault in nearly every head-on crash. The real work in these cases is usually not proving fault but finding every source of insurance, because serious injuries can quickly exceed one driver's policy.
There are exceptions. A driver may have been forced across the line by a third vehicle that cut them off, or a road condition may have played a part. Warren I. Siegel, who has practiced in Pennsylvania since 1992, reviews the crash report and scene evidence to confirm who belongs in the claim before any insurer is allowed to frame it.
Pennsylvania's keep-right rules
On roads wide enough, the Vehicle Code requires drivers to stay on the right half of the roadway, with limited exceptions such as passing where it is allowed or steering around an obstruction while yielding to oncoming traffic (75 Pa.C.S. § 3301). Drivers going in opposite directions must pass each other to the right, and on a road with one lane each way, each driver must give the other at least half of the main traveled portion as nearly as possible (§ 3302).
A driver found in the opposing lane at the point of impact has broken those rules unless one of the exceptions fits. Gouge marks, debris location and the final resting positions of the cars usually show where the impact happened.
What causes head-on collisions
Locally, head-on claims tend to come from undivided roads such as State Road, Garrett Road and Township Line Road, where a drifting driver has no median to stop them, and from wrong-way entries at highway ramps on I-476 and the Schuylkill Expressway. The Pennsylvania State Police usually investigate interstate crashes, and township or city police handle the rest.
- Impaired drivers who drift across the line or enter a highway ramp the wrong way.
- Drowsy drivers, especially late at night and early in the morning.
- Phone use that pulls a driver's eyes off the road long enough to drift.
- Passing on a two-lane road without enough clear distance.
- Overcorrecting after a wheel drops off the pavement edge.
- Confusion at divided-road openings and one-way streets.
Injuries in a frontal crash
When two cars meet head-on, both vehicles' speeds contribute to the force of the impact. Seat belts and front airbags save lives in these crashes, but they also leave injuries of their own: sternum and rib fractures, abdominal injuries from the lap belt, and facial injuries from the airbag.
Knees, thighs and hips are driven into the dashboard, and the footwell can crush inward, breaking ankles and feet. Traumatic brain injuries are common even with airbags. Many people hurt this way face surgery, months of rehabilitation and time away from work, which is why the claim must be valued only after the medical picture is clear.
When the other driver was drunk
A DUI changes the insurance math. If you chose limited tort, you are normally barred from pain-and-suffering damages unless you have a serious injury. But 75 Pa.C.S. § 1705(d) lets you recover as if you had full tort when the at-fault driver is convicted of DUI, or accepts Accelerated Rehabilitative Disposition (ARD) for it, in that crash.
The criminal case moves on its own schedule and does not replace your civil claim. We track the charges, because a conviction or ARD acceptance affects what you can recover.
When the other driver's policy is not enough
Head-on injuries often cost more than the at-fault driver's liability limits. Underinsured motorist coverage on your own policy can pay the difference; Pennsylvania insurers must offer it, though buying it is optional (75 Pa.C.S. § 1731). If you insure more than one car and did not sign a waiver, stacking may multiply your underinsured limit by the number of vehicles (§ 1738).
Pull your declarations page and any stacking waiver early. Those documents, not the adjuster's summary, show what coverage you have.
When a head-on crash is fatal
If a family member died, Pennsylvania allows two related claims: a wrongful death action for the family's losses (42 Pa.C.S. § 8301) and a survival action for the losses the person who died suffered (§ 8302). An estate usually needs to be opened before suit. Our wrongful death page explains who may bring these claims.
Deadlines and fees
The deadline to sue is generally two years from the crash (42 Pa.C.S. § 5524). Exceptions exist, and a crash involving a government vehicle has a six-month notice requirement, so get advice early.
We charge no attorney fee unless we recover. The firm advances all case costs and is repaid only from a recovery, so if there is no recovery, you owe nothing. Call (267) 412-4601 or send the free case review form.
Questions People Ask About Head-On Collision Claims
Who is at fault in a head-on collision?
Almost always the driver who crossed into the opposing lane or drove the wrong way. The exceptions involve a third driver who forced the crossing, or a road condition that contributed.
Is it worth suing after a head-on crash?
When injuries are serious, often yes, because insurers rarely offer full policy limits without pressure. A lawsuit is also sometimes the only way to get vehicle data and phone records from the other driver.
How much is a head-on collision claim worth?
It depends on the medical care, lost income, lasting effects of the injury, your tort option, and how much insurance is available from the driver and your own underinsured coverage. Value can only be estimated honestly after treatment shows the long-term outcome.
Do insurance companies prefer that you not hire a lawyer?
Generally, yes. An unrepresented person is more likely to give a recorded statement, sign a broad medical authorization, or accept an early offer. You can report the claim to your own insurer and let your lawyer handle the other driver's company.
Should I take the first offer after a head-on crash?
Rarely. Early offers come before anyone knows whether you need surgery or will return to your job. Once you sign a release, you cannot reopen the claim.
How is pain and suffering decided after a head-on collision?
Pennsylvania uses no multiplier or chart. Insurers and juries weigh the severity and permanence of the injury and its effect on your daily life. Limited tort can block these damages unless the injury is serious or an exception, such as a DUI conviction, applies.
Sources
- 75 Pa.C.S. § 3301 (driving on right side of roadway)
- 75 Pa.C.S. § 3302 (meeting vehicle proceeding in opposite direction)
- 75 Pa.C.S. § 1705 (election of tort options)
- 75 Pa.C.S. § 1731 (uninsured and underinsured motorist coverage)
- 75 Pa.C.S. § 1738 (stacking and option to waive)
- 42 Pa.C.S. § 8301 (death action)
- 42 Pa.C.S. § 8302 (survival action)
- 42 Pa.C.S. § 5524 (two-year limitation)
- 42 Pa.C.S. § 5522 (notice to government units)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.