A driver who enters an intersection after the light has turned red can put other motorists, passengers and pedestrians in danger. When a crash follows, an injured person may have questions about who caused the collision and whether compensation may be available. Those questions depend on the traffic signal, the actions of each driver and the evidence available after the crash.
A red-light violation may support a negligence claim
Indiana traffic laws require motorists to follow traffic-control signals. In general, a driver facing a steady red signal must stop before entering the intersection and remain stopped until the signal permits the driver to proceed.
If a motorist enters an intersection unlawfully and strikes another vehicle, that conduct may be important when determining negligence. However, a traffic citation does not by itself resolve a personal injury case. The circumstances of the collision still matter, including whether another driver also contributed to the crash.
Evidence may help establish who caused the collision
Determining what happened at an intersection can require more than simply looking at the damage to the vehicles. Depending on the circumstances, useful evidence may include:
- The police crash report
- Statements from people who witnessed the collision
- Video from traffic cameras or nearby businesses
- Photographs of the vehicles, roadway and traffic signals
- Vehicle damage and debris patterns
- Statements made by the drivers or passengers
- Medical documentation related to the injuries
Video footage can be especially useful when the drivers disagree about which signal they had when they entered the intersection. Witness accounts and physical evidence may also help establish the sequence of events.
Indiana’s comparative fault rules may affect compensation
A red-light crash does not always mean one driver bears all responsibility. Indiana uses a comparative fault approach when more than one person may have contributed to an injury.
For example, if an injured driver is assigned a percentage of fault, the amount of damages recovered may be reduced accordingly. Indiana law also limits recovery when the injured person is more than 50% responsible for the harm.
Because fault can affect the value of a claim, it is important to examine the actions of everyone involved rather than focusing only on the driver who received a traffic citation.
What if the driver entered on yellow?
The timing of the traffic signal can be important. A vehicle that entered the intersection while the light was yellow may raise different issues from one that entered after the signal had already changed to red.
Investigators may consider when the vehicle crossed the stop line, how quickly the signal changed and whether the driver had a reasonable opportunity to stop. Camera footage, witness testimony and other evidence may help answer those questions.
What should you do after a red-light crash?
If you are injured in an intersection collision, seek medical attention and report the crash to law enforcement. Take photographs when it is safe to do so and preserve information about witnesses, vehicles and possible video footage.
Keep records of medical treatment, missed work and other expenses connected to the crash. These records may become important if you later pursue compensation.
A red-light collision can result in significant injuries and financial losses. Understanding the circumstances of the crash and preserving evidence can help an injured person evaluate the available legal options.
