If you get hurt because someone ran a red light and struck your car or bicycle or injured you as a pedestrian, you have rights. Understanding the steps to take and what you are entitled to legally. A skilled car accident attorney with experience handling these types of claims can make a significant difference in the outcome of your case.
First: Immediate Steps to Take if You Are Injured in a Red-Light Accident
Call the Police: It’s essential to have a police report. A police report serves as a critical piece of evidence to establish fault. Insurance companies use accident reports to determine liability, directly affecting a settlement.- Take Pictures of the Scene: If you can safely, before leaving the scene, take photos of the damage to your car or other personal property, such as a bicycle, the intersection, and your injuries. This documentation can support your claim and provide a version of the events.
- Exchange Information: Write down the other driver’s contact and insurance details. If they don’t share information with you, wait for the police to arrive and assist.
- Seek Medical Attention: Even if injuries seem minor, getting a medical check-up is crucial. It will ensure your well-being and create a medical record linking your injuries to the accident.
Legal Considerations
As you might imagine, there will be several legal considerations for you to deal with if you’ve been hurt in a red-light accident. Some of these include:<
- Fault and Liability: Typically, the driver who ran the red light is at fault. However, if nobody outside the people involved witnessed the accident, it may be challenging to prove fault. A skilled attorney will pursue video surveillance footage from surrounding homes and businesses.
- Negligence Per Se: Running a red light is often considered negligence per se, meaning the act is negligent because it violates traffic laws designed to protect public safety. This can simplify the process of establishing liability. One caveat is that once negligence per se is applied, the defendant can challenge it.
Compensation and Legal Assistance
- Potential Compensation: Like other personal injury claims, victims of red-light accidents may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering.
- Hiring an Attorney: Hiring an experienced and skilled personal injury attorney can significantly improve your chances of receiving fair compensation. Attorneys can negotiate with insurance companies and, if necessary, represent you in court. In short, an attorney’s job is to protect your rights and get you the compensation you deserve.
Dealing with Insurance Companies
- Insurance Claims: The at-fault driver’s insurance company often tries to minimize the payout and make a quick offer far less than you might deserve. Having an attorney can help ensure that you receive total compensation.
- Settling Without Insurance: Be wary of any attempts by the other party to settle without involving insurance. This can leave you with no options if they fail to compensate you adequately.
Red-light accidents are particularly unsettling due to the unexpected nature of the collision. You are driving to your destination one minute; the next minute, someone has broken the law when you least expect it.
Being informed and prepared can significantly reduce the impact of a red-light accident on your life. Taking the steps above and seeking legal advice can help protect your rights and ensure a fair outcome.
Call Eason & Tambornini, A Law Corporation, at (916) 438-1819 to schedule a free consultation. We will answer your questions, and if we take your case, you will pay no fees until a settlement is reached.
