While this case is a tragic accident that caused the death of two individuals, the driver who went southbound on the northbound lanes of I-75 should be held accountable for the damage caused to the truck and its driver. This case highlights the significant costs negligent drivers can cause when they travel the wrong way into oncoming traffic.
Why Wrong-Way Collisions Are So Severe
When two vehicles travel toward each other, the forces involved combine. A head-on impact between vehicles each traveling 55 miles per hour produces far greater energy than a single vehicle striking a fixed object at the same speed. That is why wrong-way crashes on divided highways so often produce fatal or catastrophic injuries rather than survivable ones, and why these cases frequently involve wrongful death claims rather than ordinary injury claims.
Two Separate Claims Can Arise From One Death
Ohio law treats a fatal crash as giving rise to two distinct causes of action, and families are often unaware of the second one.
A wrongful death action under Ohio Revised Code Chapter 2125 is brought by the personal representative of the estate for the exclusive benefit of the surviving spouse, children, and parents. It compensates the survivors for their own losses: loss of financial support, loss of services, loss of society and companionship, and their mental anguish.
A survival action under R.C. 2305.21 belongs to the estate itself and compensates for what the decedent endured before death, including conscious pain and suffering and medical expenses incurred between the collision and death.
These are separate claims with separate damages, and both are ordinarily pursued together.
The Filing Deadline
Under R.C. 2125.02(D), a wrongful death action generally must be brought within two years of the date of death. Note that this runs from the date of death, which is not always the date of the crash. Where a victim survives for a period before succumbing to injuries, the two dates differ, and the distinction matters.
Where Recovery Comes From
An at-fault driver's liability policy is frequently inadequate in a fatal wrong-way crash, so identifying every available source of recovery matters:
- The at-fault driver's bodily injury liability coverage
- Uninsured and underinsured motorist coverage on the victim's own policy, which often provides more than the at-fault driver carried
- Where the at-fault driver was working at the time, the employer's commercial policy
- Where alcohol was served before the crash, a claim under Ohio's liquor liability statute, R.C. 4399.18, though that statute sets a demanding standard and does not apply in every case
Comparative Fault Still Applies
Even in a wrong-way collision, an insurer may argue the other driver had time to avoid the impact. Ohio's comparative negligence rule under R.C. 2315.33 reduces recovery in proportion to any fault assigned to the victim, and bars recovery entirely once that share exceeds 50 percent. Evidence gathered early, including vehicle event data recorders, roadway camera footage, and scene measurements, is what answers those arguments.
Talk to a Cleveland Wrongful Death Attorney
If you lost a family member in a wrong-way or head-on collision in Ohio, Ryan Injury Attorneys can review what happened and explain what claims may be available. There is no fee unless we recover for you.