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 Illinois or Florida. 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. States like Illinois are taking steps to get motorists to stop at red lights by installing cameras. So far, Illinois red light cameras have collected over $1.56 billion in fines.
While red light cameras are helping, accidents still happen. If you’re involved in a red light traffic accident, you’re going to need to prove fault if you want to recover compensation.
Insurance Rules Can Affect Fault
Some states like Illinois follow at-fault insurance rules. A few states use no-fault insurance guidelines. If you live in a no-fault insurance state, you 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?
How To 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.
Immediately Report the Accident
According to Illinois law, you’re legally required to report most 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 pick up 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.
Work with an Accident Reconstruction Specialist
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.
Proving Negligence in a Red Light Traffic Accident
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. 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. This duty is to follow all traffic laws. 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.
Determining Fault in Car Accidents Often Requires Professional Assistance
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 ensure you’re ready to file a claim with the at-fault driver’s insurance company.
