Even though traffic laws can vary a little from state to state, some remain the same. Stop signs mean the same thing whether you’re driving in Colorado or Florida, and this also applies to traffic lights. You proceed forward on green, yield on yellow, and always stop when the light’s red. Unfortunately, some drivers don’t always stop at a red light for a variety of reasons. If an accident occurs, you may be able to recover compensation. However, determining fault in a red light accident can be tricky. Before you can file a claim for your damages, you need to establish fault.
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Some states like Colorado follow at-fault insurance rules, but a few states do use no-fault insurance guidelines. If you live in a no-fault insurance state, you may file a claim with your insurance provider.
Proving fault isn’t necessary to file a claim with your insurance provider, however, it comes into play if you decide to try to recover compensation from the at-fault driver. This is when you file a third-party insurance claim for damages not covered by your policy.
Proving blame in an at-fault insurance state is a necessary part of the claim process. You’re filing a claim against the at-fault party’s insurance company, and it’s up to you to prove your case. In other words, you can’t file an injury claim based solely on your word. So, how do you determine fault in a red light accident?
Determining fault in a red light traffic accident can be a process. However, there are some steps you can take to help simplify the process.
According to Colorado law 42-4-1606, you’re legally required to report all vehicle accidents immediately to the authorities. If property damage is minimal and there aren’t any injuries or fatalities present, you may be instructed to file your accident report online. Otherwise, the authorities will show up to take the report.
Your accident report is a crucial piece of evidence and will contain information that can help determine fault. The insurance company is also going to request a copy of the accident report before reviewing your claim.
Most accident reports are ready for pickup about 10 business days after the accident. You can pick the report up at a local precinct or online for a nominal fee, usually around $10.
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If your injuries are severe and require immediate medical attention, don’t worry about taking any pictures. The authorities should be on the scene and can handle taking photos to include in your accident report.
However, if possible, grab your cell phone and start snapping pictures of your vehicle damage. Don’t worry about taking pictures of the at-fault driver’s vehicle. Emotions may be running high and sometimes it’s best to keep your distance. Try to get some pictures of your vehicle’s position. Where your vehicle ended up after being hit can help determine fault.
Along with taking photos, go ahead and jot down some information about the accident. For example, the weather and road conditions. A wet, slick road can impact the at-fault driver’s ability to stop and this can impact their level of blame.
If you notice any traffic or surveillance cameras in the area, make a note of their location. The cameras may have captured the events leading up to the red light accident.
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Chances are, someone witnessed your red light accident. Maybe it’s another non-involved driver, a business owner, or someone walking down the street. Any witnesses can provide invaluable testimony that can help support your accident claim.
Get their contact information, your attorney and the insurance adjuster will want to interview any witnesses. What you don’t want to do is discuss the accident details with any witnesses. Remember, the insurance adjuster will also interview the witnesses and you don’t want your words used to devalue your claim.
You also want to refrain from apologizing to anyone at the accident scene. Your apology can be viewed as an admission of guilt.
Some red light traffic accidents can be complex. One driver may run the red light but you also made an illegal turn, in instances like this, determining liability may take the skills of an accident reconstruction specialist.
Typically, your personal injury attorney is responsible for hiring any specialists necessary for proving your claim. The insurance company may also bring in their specialists to try and increase your percentage of the blame.
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When you’re filing a personal injury claim against the at-fault driver’s insurance company, you must prove negligence. This means showing the other driver has a duty of care and they breached this duty, and you must also show that the breach of duty is the direct cause of the accident.
The final part of negligence is proving your damages are caused by the accident. So, here’s what proving negligence may look like in a red light vehicle accident claim.
All drivers owe other motorists a duty of care, which is to follow all traffic laws properly. Running the red light is a breach of this duty. The law is clear, all drivers must come to a complete stop at a red light. The driver’s failure to stop is the direct cause of the accident and your resulting damages.
Once again, things like your accident report, witness statements, and photographs can be crucial when establishing negligence.
Even though the driver running the red light should be the obvious at-fault party for your accident, it’s not always easy to determine fault. Sometimes, you need to bring in experts, and chances are you don’t know where to turn.
Working with an experienced personal injury attorney can provide you with the resources necessary for determining fault. Your attorney can also help make sure that you’re ready to file a claim with the at-fault driver’s insurance company.
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