Injured in a Wrong Way Crash: What Should You Do Next?

Summary

Wrong-way crashes on California highways are often deadly and emotionally impactful. Victims may face severe injuries, loss of income, and pain and suffering. California law permits injured individuals to seek compensation. A tragic San Jose crash underscores the importance of acting quickly, understanding your rights, and obtaining legal support.

It only takes one wrong turn for tragedy to strike. Imagine driving down a California freeway, only to see headlights speeding toward you in your lane. Wrong-way crashes like these are rare—but they’re often fatal and leave survivors dealing with overwhelming pain and suffering

From physical injuries to emotional trauma and financial setbacks, the impact can be life-changing. For victims and families, knowing what steps to take next is critical. 

In this article, we’ll explore what wrong-way crashes are, who might be liable, and how to protect your rights under California law.

What Is a Wrong-Way Crash?

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A wrong-way crash happens when a driver drives onto a highway or exit ramp traveling in the opposite direction of the normal traffic flow and hits an oncoming vehicle. These crashes usually happen on high-speed roads or ramps and often result in serious injuries or fatalities due to head-on or side-swipe impacts at high speeds.

According to the Federal Highway Administration, wrong-way crashes—especially on controlled-access roads—are more dangerous than other car accidents because of their severity and speed. In 2022, the U.S. recorded over 42,000 traffic-related deaths, a significant number of which involved high-impact incidents like wrong-way collisions.

The San Jose Wrong-Way Crash: What Happened?

In August 2024, a tragic wrong-way crash happened on Highway 85 in San Jose, killing two people, including a teenager.

Key Facts:

  • Location: Highway 85, San Jose, CA
  • Vehicles Involved: 2 (Toyota Tacoma and Tesla)
  • Fatalities: 47-year-old Rebecca Joanne Olsen and a 14-year-old boy
  • Cause: Under investigation

Witnesses said a Toyota Tacoma sped the wrong way for minutes before crashing into a Tesla. The driver was hospitalized with severe injuries. Community members and authorities questioned whether earlier intervention could have prevented the tragedy.

Legal Consequences and California Law

Wrong-way drivers often face severe criminal and civil consequences—especially if alcohol or drugs are involved. Under California law, driving against traffic may result in charges ranging from reckless driving to wrongful death.

Victims and their families can file a personal injury claim or accident claim for both economic and non-economic damages, including:

  • Medical expenses and medical treatment
  • Lost wages and lost income
  • Vehicle repair or property damage
  • Compensation for pain and suffering

California follows comparative negligence laws, meaning even if you were partially at fault, you could still recover damages. However, timing matters—the statute of limitations for personal injury cases in California is two years from the date of the accident.

Who Is Liable in a Wrong-Way Crash?

Determining liability depends on the details, including driver behavior, road signage, and witness statements. The wrong-way driver is typically liable, but in some cases:

  • California has limited dram shop liability laws that only apply when alcohol is served to minors (under 21). Bars and restaurants generally cannot be held liable for overserving adults.
  • A municipality may be partially at fault if the signage or road design was confusing.
  • Car manufacturers could be held responsible if a vehicle defect contributed.

What Should You Do After a Wrong-Way Crash?

If you’re ever involved in such a traumatic event, here’s what to do:

  1. Seek medical attention, even if you feel fine—some injuries like traumatic brain injury aren’t immediately obvious.
  2. Call 911 and ensure that police reports are filed.
  3. Collect insurance information, license plate numbers, and all parties’ contact details.
  4. Take photos and videos of the scene, your injuries, and vehicle repair needs.
  5. Get contact info from witness statements.
  6. Don’t talk to the insurance adjuster without legal advice.
  7. Consult a personal injury lawyer for legal representation before filing any insurance claims or accepting any settlement amount.

Why You Should Talk to a Lawyer Immediately

Navigating a California car accident claim is complex, especially with aggressive insurance company tactics. A top-rated personal injury lawyer in Bakersfield can:

  • Analyze your insurance policy
  • Gather and preserve evidence
  • Handle communications with the insurance company
  • Calculate damages for pain and suffering, lost wages, and medical bills
  • Maximize your settlement amount

Whether you live near downtown Bakersfield or travel frequently through the 99 Freeway or Ming Avenue, local lawyers understand the area and the nuances of Auto accidents in California.

Frequently Asked Questions (FAQs)

Yes. Passengers can file a personal injury or California car accident claim for injuries, medical bills, and pain and suffering.

Depending on coverage, you may still file against their estate or seek compensation through your insurance policy.

Yes. Insurers aim to minimize payouts. A Bakersfield car accident lawyer protects your rights and can increase your settlement amount.

When the Road Turns Tragic, We Stand By You

Wrong-way crashes are terrifying, life-altering events. Whether you’re coping with medical expenses, lost income, or emotional trauma, you don’t have to navigate the legal maze alone.

If you or someone you love has been involved in a wrong-way crash in California, contact a top-rated personal injury lawyer in Bakersfield today. At Farahi Law Firm, we offer free consultations to help you understand your options and fight for what you deserve.

Call now for your free case review.

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