Determining Fault In Red Light Car Accidents

Top Reasons For Accidents At Intersections

Running a red light is just one of the top reasons for intersection accidents. Other reasons for these types of car accidents include:

• Distracted driving: If a driver is distracted, they may not notice the signal change and fail to stop. 
• Ignoring no-turn-on red: Many intersections have no-turn-on red restrictions. These intersections are usually considered dangerous, or there have been excessive accidents.  
• Trying to beat a yellow light: Yellow means to slow down and prepare to stop. However, some people speed up, hoping they will make the light before it turns red. 
• Failing to yield the right-of-way: There are traffic rules that require drivers to yield the right-of-way. When they do not, they could get into an intersection accident. 

Top Red Light Accident Injuries

The IIHS reported there were 1,149 people killed and another 107,000 people injured in 2022 due to red light crashes nationwide. Some of the common auto accident injuries people sustain during a red-light car crash are:

• Broken and fractured bones
• Lacerations, cuts, and bruises
• Whiplash
• Traumatic brain injuries
• Head, neck, and back injuries
• Spinal column injuries
• Leg and foot injuries
• Internal bleeding
• Internal organ injuries
• Loss of limbs
• Paralysis
• Soft tissue injuries

How Is Fault Determined In Red Light Accidents?

Establishing fault in a car accident red light crash requires performing an investigation. Usually, when the roads are dry and there is clear visibility, the person who ran the red light would be at fault. Essential pieces of evidence used to determine fault could include:

• Traffic cam footage: Most intersections have traffic cams. This footage can be used to see precisely how the accident occurred. Colorado also has red light and speed cameras at many intersections, which could provide valuable information. 
• Location of damages: The location of damage on a vehicle can help determine fault.
• Witness statements: Statements provided by anyone who saw the accident can help determine who was at fault. 
• Police report: The police report usually has specific details about who the police believe is at fault.
• Written citation: If the police give one of the drivers a ticket, it helps support their negligence and fault for the accident. 

Situations Where Fault May Not Be So Clear 

Sometimes, establishing fault in a car accident is not so clear due to other reasons, such as: 

• Traffic light malfunctions: If the traffic light malfunctions and stays green while also turning green at the currently stopped intersection, the manufacturer, county, city, or parts supplier could be considered at fault.
• Jump rabbit starts: If the person slams on the gas pedal before ensuring the cross traffic has fully stopped, they could be considered partially at fault. 
• Mechanical failures: If the person who ran the red light experiences a mechanical failure like their brakes didn’t work, their mechanic, car dealer, or auto manufacturer could be at fault. 
• Another crash: In some cases, the person who hit you may have been rear-ended, and the force of the impact was so intense it propelled their vehicle out into the intersection, where they hit you. 
• Poor weather conditions: When roads are wet, slick, icy, or snowy, a driver could slide out into the intersection and hit another vehicle. 

What Happens If the Red Light Runner Is Not Fully At Fault?

Colorado is an at-fault state and has a 50% modified comparative negligence law when more than one person is at fault for a car accident. This means that as long as one driver is less than 50% at fault, they can file a claim and sue the other driver for their damages. However, the amount of their compensation received from the other driver is reduced by the percentage they were considered to be at fault.

For example, the driver who ran the red light was considered 95% at fault, and you were found to be 5% at fault. The amount of your red light car accident settlement from the other person’s insurance company is $25,000. Since you were 5% at fault, your actual settlement was reduced by $1,250, resulting in a settlement of $23,750.

How The Colorado Attorneys At Bachus & Schanker Can Help You 

The last thing on your mind after being injured in a car accident, especially a red light crash, is having to deal with the other person’s insurance company, filing a claim against your own car insurance, and navigating the complex legal processes to secure a favorable settlement. At Bachus & Schanker, our caring and compassionate Colorado attorneys can help provide the assistance you need by offering the following:

• Free expert legal advice: We provide a free consultation to help you learn more about your legal rights, potential settlement amount, and the next steps you should take.
• Protects your rights: Our legal team works with you to help protect your legal rights and prevent you from doing anything that could potentially hurt your injury claim. 
• Access to our Victims’ Advocate Group: In the event of catastrophic injuries or death of a loved one, you have the added support and access of our Victims’ Advocate Group to be there in your time of need. 
• No fees unless we win: We work on a contingency basis, which means you owe us nothing upfront, and we only collect after we reach a settlement.
• Ensures the right parties are held accountable: Sometimes, there can be more than one person at fault for your injuries. We review all the evidence and seek damages from all responsible parties. 
• Gather evidence: We obtain the police report, medical records, witness statements, traffic cam footage, and other evidence to support your claim and build a solid case.
• Files your claim and all paperwork: We take care of filing your insurance claims with the insurance companies and all necessary legal paperwork. 
• Negotiate your settlement: We take care of all settlement negotiations to secure a favorable settlement. We are very familiar with the tactics insurance companies, their adjusters, and lawyers use to try to minimize settlements. 

Speak To The Best Auto Accident Attorneys Today

The team at Bachus & Schanker is considered the best auto accident attorneys in Colorado. Our legal team provides sound legal advice to help you make informed decisions. We can even visit you at home or in the hospital for your free consultation. Let us take care of securing your red light car accident settlement while you recover and heal from your injuries. 

Sources:

CRS 13-21-111. (2024).

Distracted Driving. (2022).

Red Light Running. (2024).