As a driver, few things are more frustrating than getting into an accident that is not your fault. However, determining fault in an accident involving traffic lights can be complicated. The Texas transportation code establishes right-of-way rules for vehicles and pedestrians at intersections with traffic control signals to determine liability. As a driver involved in an accident at an intersection, you need to understand these rules to establish whether the other party failed to yield the right-of-way. You should also gather necessary evidence from the accident scene, file a police report, contact witnesses, and consult with a personal injury attorney regarding your legal options. By following the proper steps, you have the best chance of proving the other driver's liability in a Texas stoplight accident.
Understanding Texas Traffic Laws for Stoplights
To determine fault in a Texas stoplight accident, you must first understand the state's traffic laws regarding stoplights.
Stoplights, or traffic control signals, assign the right of way to traffic and pedestals. A steady red light means stop, a flashing red light also means stop, yield to traffic and pedestrians, and proceed when safe. A steady yellow light warns the light is about to turn red and to clear the intersection. A green light means proceed through the intersection, but yield to vehicles and pedestrians still in the intersection.
- For a violation of a steady red light, the vehicle entering the intersection is typically at fault. They failed to stop at a red light as required by law. The vehicle with the green light has the right of way.
- If a vehicle enters an intersection on a yellow light and collides with another vehicle, fault may be shared. While vehicles should attempt to stop safely for a yellow light if possible, the vehicle with the green light still has the right of way.
- If a vehicle fails to yield to traffic or pedestrians during a green light and causes an accident, they can be found at fault. All vehicles and pedestrians in the intersection at the start of the green light have the right of way until they clear the intersection.
- Failure to stop for a flashing red light may result in a citation and determine fault in an accident. Flashing red lights require vehicles to come to a complete stop, then proceed when the intersection is clear to avoid an accident.
By understanding Texas' traffic laws concerning stoplights and right of way, you can better determine fault for an accident at an intersection. Following these rules and exercising caution, defensive driving at stoplights can help prevent such accidents from occurring in the first place.
Common Causes of Stoplight Accidents in Texas
To determine fault in a Texas stoplight accident, you must consider the common causes of such collisions.
Running a Red Light
One of the most frequent causes of stoplight accidents is a driver running a red light. If a driver enters an intersection after the traffic light has turned red, they can be found primarily at fault. Witness statements and any available traffic camera footage can help establish whether a driver ran the red light.
Left Turn on Red
In Texas, a driver can turn left on red at most intersections if both the road they're turning from and onto have two or more lanes in each direction and traffic is clear. However, if an accident occurs during such a turn, the driver turning left may be found partially or fully at fault, especially if they failed to yield to oncoming traffic or pedestrians. Witness accounts and traffic camera footage, if available, can help determine whether the left-turning driver is at fault.
Failure to Yield
Drivers must yield to vehicles and pedestrians that have the right of way. For example, if a driver turns right on red without yielding to vehicles or pedestrians crossing the intersection, they can be found at fault for an accident. Similarly, if a driver proceeds into an intersection to turn left on a yellow or green light but fails to yield to oncoming traffic, they may be deemed partially or fully at fault. Eyewitness statements and any traffic footage can help establish whether a driver failed to yield appropriately.
Mechanical Failure
In rare cases, a vehicle malfunction like brake failure can contribute to a stoplight accident. If a driver can provide evidence their vehicle suffered a mechanical failure that prevented them from stopping or yielding as required, fault may be mitigated or eliminated. However, the driver must still exercise reasonable caution and control of their vehicle at all times.
Determining Who Had the Right of Way in a Stoplight Crash
When two vehicles collide at an intersection with traffic lights, determining who had the right of way can be complicated. However, there are a few factors that can help establish fault in a Texas stoplight accident.
Who entered the intersection first?
The vehicle that entered the intersection first typically has the right of way. If one driver entered the intersection on a green light and the other driver ran a red light, the driver who ran the red light would be at fault. Likewise, if one vehicle was already in the intersection when the light changed, the other vehicle should have yielded.
Who had a green light?
If one vehicle had a green light and the other vehicle had a red light, the vehicle that ran the red light is typically considered at fault. The driver with the green light had the right of way. Some exceptions may apply, such as if the vehicle with the green light was speeding or not paying attention.
Were any traffic control devices obscured or malfunctioning?
If traffic lights were obscured by visual obstructions like sun glare or foliage, or if the lights were malfunctioning or out of order, determining fault may require evaluating which driver exercised proper caution. Drivers are expected to approach intersections with inoperative traffic controls as an all-way stop. The driver who failed to take proper precautions would likely bear more responsibility.
Were any vehicles improperly turning or changing lanes?
Vehicles turning left or changing lanes must yield to vehicles going straight through an intersection. A driver turning left or changing lanes when unsafe to do so may be considered predominantly or entirely at fault for an accident, even if they had a green light.
By thoroughly investigating the factors surrounding a stoplight accident, including witness statements, traffic camera footage, and police reports, fault can typically be established. However, in some cases, responsibility may be shared between drivers or remain unclear. Consulting with a traffic attorney in Texas can help determine the best course of action.
Gathering Evidence to Prove Fault After a Stoplight Collision
Gathering evidence after a stoplight collision is crucial to determining fault. As the driver of one of the vehicles involved, there are several steps you should take to build your case.
Visit the Scene of the Accident
Return to the intersection where the collision occurred as soon as possible. Look for any traffic cameras that may have captured footage of the incident. Take photos of the traffic lights and any skid marks or debris left behind. Measure the distance between traffic lights to determine if the other driver had enough time to stop safely.
Obtain a Copy of the Police Report
Request a copy of the official police report from the responding officer or local police department. The police report will contain statements from all drivers and witnesses involved. Review the report for any inconsistencies between the other driver’s statement and the evidence you have gathered. The police report can also provide details like weather and traffic conditions at the time of the accident.
Interview Witnesses
If there were any witnesses present at the time of the crash, interview them as soon as you are able. Get their names, phone numbers, addresses, and written or recorded statements about what they observed, including the color of the traffic lights and the actions of both vehicles before and after the collision. Witness testimonies from unbiased third parties carry significant weight in stoplight accident claims.
Review Medical Records
See a doctor for any injuries, no matter how minor. Your medical records will serve as evidence of the harm caused by the other driver. Extensive or permanent injuries may increase the compensation owed to you for the at-fault driver's negligence.
Consult With Legal Counsel
Discuss the details of your stoplight accident with a personal injury attorney in your area. They can evaluate the evidence you have gathered to determine if you have grounds for a claim against the other driver to recover costs related to medical bills, vehicle repairs, lost wages, and pain and suffering. The at-fault driver's insurance provider may be liable for these damages. With the help of an attorney, you can build a strong case to prove fault in your Texas stoplight collision.
Police Reports and Witness Statements for Stoplight Accidents
Police reports and witness statements are critical evidence for determining fault in a stoplight accident. Officers will interview drivers and any witnesses at the scene to get accounts of what happened. Be cooperative and provide your statement as accurately as possible.
Police Reports
Official police reports contain details about the vehicles involved, insurance information, statements from parties involved, and any citations issued. Carefully review the report for any errors or omissions before signing it. Request a copy of the full report, as it can be useful for insurance claims and determining liability.
If the report is inaccurate or incomplete, you may need to pursue additional steps to correct it, such as contacting the police department to amend the report or providing supplemental statements from witnesses. Any errors in the police report could complicate determining fault, so make every effort to ensure it is precise.
Witness Statements
Witness statements provide third-party accounts of the events leading up to and during the collision. Witnesses are individuals who observed the incident but were not directly involved. Their statements can be crucial for figuring out which driver failed to obey the traffic signals.
Ask witnesses at the scene for their contact information and a written statement about what they saw. Follow up with them as soon as possible to get an official signed statement while the details are still fresh in their memory. Provide the witness statements to the insurance companies and police to support your account of the accident.
Even if fault seems clear at first, witness statements may reveal additional details that change the liability determination. For example, a statement could indicate that traffic lights were malfunctioning or that another vehicle ran a red light first and caused you to enter the intersection. Comprehensive police reports and witness statements are essential for establishing fault in a stoplight collision and ensuring all responsible parties are held accountable.
Using Dash Cam Footage to Assign Blame
Dash cam footage can provide critical evidence in determining fault after a car accident. Reviewing footage from all vehicles involved, as well as any traffic cameras in the area, allows investigators to reconstruct the sequence of events leading up to the collision.
Check Traffic Signal Function
The first step is to verify whether traffic signals were functioning properly at the time of the accident. Investigators will review footage to confirm which lights were illuminated and for how long in the moments before impact. If signals were malfunctioning or inoperable, the drivers may share some portion of blame. However, a non-functioning signal does not necessarily absolve either party of responsibility.
Review Vehicle Movements
Investigators will carefully analyze how each vehicle was moving in the time surrounding the accident. They will look at speed, lane changes, braking, and other factors to understand how the accident unfolded. For example, if one vehicle ran a red light or failed to stop at a signal, the fault likely lies primarily with that driver. Similarly, a driver who was speeding, changed lanes erratically, or failed to brake in a timely manner before impact may bear most of the responsibility.
Consider All Contributing Factors
While traffic signals and vehicle movements are critical in determining fault, investigators consider the totality of circumstances. Things like weather conditions, traffic congestion, and obscured visibility can also contribute to a collision. If, for example, heavy rain or sun glare prevented one driver from seeing a signal change or another vehicle until it was too late to react, fault may be shared between the parties or attributed to unforeseen environmental factors.
In summary, reviewing dash cam and traffic camera footage allows investigators to systematically determine how an accident unfolded and which factors, including vehicle operation and traffic signal function, contributed to the collision. By considering the complete set of circumstances surrounding the crash, investigators can make an informed judgment of fault and responsibility. The outcome of such an investigation may determine who is at fault, or if blame should be shared between the parties involved.
Working With Insurance Adjusters to Settle a Stoplight Claim
Working with insurance adjusters to determine fault and liability in a stoplight accident claim requires organization, documentation, and patience.
Gather Information
To build your case, gather any evidence from the accident scene including photos of vehicle positions, witness contact information, police reports, etc. Take notes on the sequence of events to establish a timeline of what happened. Provide the insurance adjusters with a written statement about the incident from your perspective.
Cooperate Fully
Cooperate fully with any requests from the insurance companies involved. Respond promptly to phone calls or written correspondence. Be willing to provide additional details or clarification. Lack of cooperation may delay the claim process or raise suspicions about your level of fault.
Negotiate in Good Faith
Work with the insurance adjusters to determine fault and liability in a fair, unbiased manner based on the facts of the accident. Be open to accepting partial fault if the evidence suggests shared liability. However, do not accept full fault unless conclusively proven based on the information available. You may need to provide further evidence or counterarguments to negotiate down from a finding of full liability.
Consider Legal Counsel
If initial negotiations with the insurance adjusters are unsuccessful, you may need to obtain legal counsel to help determine fault and negotiate a fair settlement. An attorney can evaluate the details of your case, deal with the insurance companies on your behalf, and potentially file a lawsuit to resolve the dispute if extrajudicial methods are not productive. While legal action should really be a last resort, it may be necessary to protect your rights and interests.
Following these steps and maintaining professional communication with the involved parties will increase the likelihood of reaching an equitable resolution regarding fault and settlement of your stoplight accident claim. Staying actively engaged in the process, providing documentation to support your position, and working in good faith with the insurance adjusters and legal professionals will lead to the most favorable outcome possible under the circumstances.
Negotiating With Other Driver's Insurance Company
When negotiating with the other driver's insurance company after a stoplight accident in Texas, it is important to remain professional and assertive. Do not admit fault, even if you believe you are partially or fully responsible for the accident. Let the insurance companies determine fault based on the facts.
Gather Evidence
Collect any evidence from the accident scene that supports your account of events, such as photos of vehicle damage, witness statements, police reports, etc. Be prepared to provide this evidence to both your insurance company and the other driver's insurance company.
Contact Your Insurance Company
Report the accident to your own insurance company promptly. Provide the details of the accident and any evidence you have gathered. Your insurance company will open a claim and begin an investigation to determine fault. Cooperate fully with your insurance company's requests.
Do Not Admit Fault
When speaking with the other driver's insurance company, do not say anything to admit fault or responsibility for the accident. Politely provide only basic facts about the accident. Do not speculate about fault or make accusations. Let the insurance companies make a liability determination based on the facts.
Negotiate from a Position of Strength
If the other driver's insurance company contacts you to settle, do not settle immediately. Consult with your own insurance company first. They can review the details and evidence to ensure any settlement offer is reasonable. If you believe you were not at fault, you have the right to reject a low settlement offer and potentially pursue a liability claim in court to get proper compensation. However, if fault seems shared or unclear, a fair settlement may be preferable to a lengthy legal process.
By following these steps, you can thoughtfully negotiate with the other driver's insurance company from a position of strength after a Texas stoplight accident. Remain calm and cooperative, but do not admit fault or settle without consulting your own insurance company. With clear facts and evidence on your side, you have a solid chance of fair compensation whether through settlement or legal proceedings.
Taking Legal Action if Needed to Recover Damages From a Stoplight Wreck
Taking legal action may be necessary to recover damages from a stoplight accident in Texas. If the at-fault driver's insurance company does not offer a fair settlement, you will need to file a personal injury lawsuit to pursue compensation.
Consult With An Attorney
The first step is to consult with an experienced car accident attorney in Texas. They can review the details of your case, help determine who is at fault, and advise you on the merits of pursuing legal action. If they believe you have a strong case, they may offer to represent you on a contingency fee basis. This means they only get paid if you win or settle your case.
File A Lawsuit
To initiate a lawsuit, your attorney will file a complaint in the proper court, serving the at-fault parties. The defendants will then have a chance to respond. This begins the litigation process, which can take months or even years to resolve. Your attorney will represent you through negotiations, discovery, depositions, mediation, and potentially a trial.
Prove Liability and Damages
To win your case, your attorney must prove the other driver was negligent and liable for the accident by violating traffic laws or otherwise acting carelessly. They must also prove the accident directly caused you harm, including medical expenses, lost work wages, pain and suffering, and other damages. Police reports, medical records, witness statements, and expert testimony may all be used as evidence to build your case.
Settlement Before Trial
Most stoplight accident cases settle out of court through mediation and negotiation before going to trial. Your attorney will advocate strongly for full and fair compensation on your behalf. However, there is always a risk of loss in litigation. Some compensation may be better than none, so you must weigh your options carefully based on the facts of your particular case.
By taking guided legal steps with the help of a qualified attorney, you have the best chance of recovering damages from a stoplight auto collision in Texas. While the process can be complicated, staying determined and committed to pursuing justice and accountability is important. With persistence, you can achieve a resolution that provides at least some relief and closure.
Conclusion
As you investigate the circumstances surrounding your Texas stoplight accident, determining fault is critical to recovering damages and ensuring a fair outcome. By gathering evidence from the scene, witness statements, traffic camera footage, and a review of the state's traffic laws regarding intersection right-of-way, you can build a clear picture of what happened. Even if the other driver is initially unwilling to accept responsibility, a comprehensive analysis of the facts may convince their insurance provider of their fault. Seeking counsel from lawyers at Fletcher Law experienced in traffic accidents can also help interpret the evidence and determine the appropriate next steps to take. With time and patience, the truth will come to light.