If someone runs a red light and you hit them, who is at fault?

The liability in red-light accident cases is determined by how both drivers acted and how the evidence supports that. Understanding this notion can be profoundly impactful when filing an insurance claim or taking legal action. If someone runs a red light and you hit them, the team at The Barnes Firm is here to guide you through these complexities and advocate for you to receive the most compensation possible. This blog will help you answer these questions and guide you through the process.

How to prove liability in an intersection accident

Who is at fault in an intersection accident depends on which driver disobeyed the laws of the road or acted in negligence, as shown by the evidence presented. According to New York law, drivers are required to take specific steps as they approach traffic signals. Under N.Y. Vehicle and Traffic Law Section 1111, drivers must stop at a red light unless they are making a lawful turn on red after yielding to other traffic and pedestrians. If a driver does not comply, he or she can be held at fault.

In order to establish liability, collect evidence like:

• Traffic camera video: In New York, many intersections have traffic cameras that can also show if a driver failed to stop at a red light.
• Witness statements: Statements from witnesses can help corroborate your version of the crash.
• Police reports: Many include initial fault findings based on the scene.

Getting this evidence as soon as possible is critical to strengthening the case for the other driver’s negligence and preserving your claim.

Type of car accident when someone runs a red light

Red light violations can result in serious, even fatal accidents. The results of running a red light can have fatal consequences, causing several different types of collisions:

T-bone crash.

These happen when the front of one car collides with the side of another at an intersection. Due to the angle of impact and often high-speed nature of these types of accidents, they often result in severe injuries to drivers and passengers alike, especially those sitting on the side of the vehicle hit. In many instances, the force of impact can cause one or more of the vehicles to spin or roll over, exacerbating damage.

Rear-end collision

Rear-end collisions often occur when a vehicle goes through a red light and suddenly comes to a stop to avoid the deadly chain collision, which causes a following car to slam into its rear. At first glance, rear-end collisions may appear minor, but they are capable of causing severe harm, such as whiplash, not to mention extensive damage to your vehicle.

Head-on collisions

While less common, head-on collisions are especially dangerous. When a driver illegally enters an intersection and faces oncoming traffic, any impact can be catastrophic. The impact of the combined speed of both vehicles is often sufficient to cause serious injuries or even result in death or permanent consequences to the individuals involved.

All of these types of collisions emphasize the importance of obeying traffic control devices. Such accidents cause not only damages and injuries but also extensive property damage, loss of time, and emotional distress. Establishing cause and assigning fault is critical for obtaining compensation for the damage.

Compensation you can claim in an intersection accident in NY

In New York, red light accident victims can pursue more than one type of compensation. This covers a wide range of recovery from financial compensation that facilitates a return to normalcy in your life post the event. These damages are broken down into categories of economic and non-economic so that the complete picture of your losses is considered:

• Medical Expenses: This covers whether you’ve incurred emergency room visits, ongoing physical therapy, or specialized treatments due to the accident, as your compensation will cover immediate care and future recovery needs. Medical bills incurred as a result of the accident are also reimbursable.
• Lost wages: Severe injuries cause people to miss work. You will be compensated for lost wages, including recovery for the income you have lost and, if your injuries do not allow you to return to work, your lost earning capacity.
• Pain and suffering: Victims can suffer emotional and psychological hardships beyond the physical damage. Such compensation covers the mental toll caused by the accident, including anxiety and loss of quality of life.

To back up your claim, you will need an extensive paper trail. Medical records show your injuries, and accident reports show the cause and fault. For example, the NY DMV offers official crash report retrieval, which can be an essential element in proving your case. The more comprehensive your evidence is, the stronger your case will be and the more restitution you will receive.

What to do if someone runs a red light and you hit them?

Knowing the appropriate steps to take after a red light accident can help you protect your health and your legal rights.

1. Check for injuries and call 911: Your priority is safety. Ensure that everyone involved gets adequate medical care. Notifying emergency services also ensures an official report about the accident, which can be especially important for insurance and legal reasons.
2. Preserve the scene: Take clear photos of the accident scene with your phone. Take photos of the positioning of the vehicles, the traffic signal, any tire tracks, and visible injuries or damage. Overall, detailed documentation is excellent evidence if you go to court to prove fault.
3. Exchange info: Obtain contact, insurance, and vehicle registration info from the other driver. If there are witnesses, get their names and phone numbers as well.
4. Seek support from an accident attorney: A knowledgeable car accident lawyer will help you navigate the complexities of the legal process, protecting your rights and securing you the compensation you deserve.

Acting quickly after a red light accident keeps you safe and helps preserve important evidence, which sets the stage for a solid claim.

Contact an experienced New York Car Accident Lawyer today

Our team of New York car accident attorneys at The Barnes Firm have years of experience helping victims of car accidents. We will help you get the best result possible for your accident case. Call us at (800) 800-0000 for a free consultation today.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes