Determining who is at fault in an intersection collision can depend on the circumstances. Usually, it’s the driver who doesn’t have the right of way. Some causes of car accidents at an intersection include:
- A driver runs a red light when they should have stopped
- A driver fails to yield when they do not have the right of way
- Faulty or non-working traffic lights leading to confusion on the part of the drivers
- Miscalculation when taking a right turn at an intersection
Traffic collisions near or around intersections account for about 50% of all car accident fatalities or injuries. Sadly, most of these accidents could have been avoided if the at-fault drivers had been paying attention.
If you or a loved one was injured in an auto collision at an intersection in Texas, the personal injury lawyers at the Buzbee Law Firm could help you seek justice and collect compensation.
Proving Liability in an Intersection Car Accident
Although the default allegation of fault is often against the individual who ran the red light, the victim or driver whose car was crashed into may also be at fault. The same goes for the government agencies and other drivers.
But before you can prove liability, you have to first identify what caused the accident in the first place. Some of these include:
- Failed vehicle parts – If a car’s brakes fail, the driver can lose control, and the car can crash into other vehicles, even if the driver meant to stop.
- Careless or reckless driving – If a driver intentionally speeds through a red light even when it’s clear that other vehicles that have the right of way are already moving and they crash into a vehicle or a person, they are at fault.
- Distracted driving – Rear-end collisions are a common occurrence at intersections. This mostly happens when the driver of a vehicle isn’t paying attention and rolls forward, crashing into the car in front of them. Another example is a driver speeding up to beat an amber light, but the driver in front has decided to stop. This can lead to the driver behind crashing into the vehicle in front.
- Malfunctioning traffic lights – Although rare, this can happen. When it does, it can confuse drivers into thinking they have the right of way when they don’t, leading to traffic collisions.
These are just a few scenarios that can lead to car accidents at an intersection. There are usually many other causes of these crashes, which may mean different liable parties. Some of the common liable parties that can be held responsible include:
- The driver of the car that crashed into the vehicle or the person who had the right of way
- Other drivers, cyclists, bikers, or pedestrians that may have played a role in the accident
- The failed vehicle parts manufacturers
- The city, municipality, or government agency that managed the traffic lights
If you have been injured in a car accident at an intersection, you an speak to an experienced personal injury attorney at the Buzbee Law Firm about suing the at-fault parties and collecting compensation.
Establishing Negligence in an Intersection Traffic Collision Case in Texas
The basis of every auto crash claim is negligence. The victim or injured party’s lawyer must show that the at-fault party was negligent and that their actions led to the crash.
To do that, you have to establish that they owed you an obligation of reasonable safety while you were on the road at the same time as they were. Then, you have to show that they failed in the obligation, and as a result, you were injured and suffered some losses and damages.
These losses can be the money you spent on seeking and getting medical treatment, repairing or replacing your car, and other expenses you wouldn’t have made but had to because of the accident.
Red Light Swearing Match in a Texas Auto Accident Case
This is a crucial part of establishing liability when two drivers involved in a car crash at an intersection claim they both saw a green light, which is why they moved instead of waiting. As a result, both drivers are likely to claim that they are not at fault.
This is often complex and difficult to prove, particularly if there’s no evidence. And before you can win, your injury attorney would have to prove that the other party caused the crash. A red swearing match in Texas is often won if there’s solid proof from independent witnesses who were there or saw the accident happen.
Cameras at the traffic light can help with this too. Also, if there are dashboard cameras, cellphone videos, or working CCTV cameras nearby that recorded the incident, they could help identify the at-fault party.
So, you may need to seek out these independent “witnesses” to prove your case.
What Kinds of Compensation Can I Recover from a Texas Intersection Car Accident Claim?
That depends on how bad the crash was, your losses, possible future treatments, and other factors. Some of the compensation you can pursue include:
- Money spent on medical treatment
- Future medical costs
- Property repair or replacement
- Lost wages
- Diminished income-earning capacity
- Pain and suffering
- Mental and emotional anguish
- Loss of companionship or consortium
And if a loved one was killed in the accident, select relatives can pursue wrongful death claims. These will cover funeral and burial costs, lost inheritance and legacy, pain and suffering of the victim until they passed on, the pain and suffering endured by the family, lost future income, and a few other benefits.
Talk to our experienced personal injury attorney in Texas about this, and we’ll guide you accordingly.
Will I Still Get Compensation if I’m Partly at Fault for the Accident?
That is possible. The reality is that even when you have the right of way, it’s still important to look out for other vehicles. So, if you were partly at fault because you weren’t paying attention, for instance, you will still be able to collect compensation –as long as the fault isn’t more than 50%. This is possible because of the Texas comparative fault rule.
However, how much you’ll get will depend on the extent to which you were liable. For instance, if it’s determined that you were 30% responsible for the crash and were awarded a final settlement of $100,000, you’ll only receive $70,000.
If all these seem a bit abstract, our personal injury lawyers in Texas can provide an adequate explanation. Contact The Buzbee Law Firm today to discuss your case for free.
