Being hit by a driver who intentionally disregarded a red light leaves the victim with physical injuries, property damage, and questions about their options for compensation. Immediately following a crash, it’s important to stay calm and move to safety. Leave your vehicle where it is and get out of the road. Check yourself and your passengers for injuries, and call 911 without delay. Do not leave the scene until emergency services arrive.
Nationwide, the Insurance Institute for Highway Safety (IIHS) reports that in 2023, 1,086 people were killed and more than 135,000 were injured in crashes that involved a driver running a red light.
Contact Law Enforcement
The first thing you have to do is call 911 and request police and an ambulance for anyone who is critically injured. Police reports are a decisive piece of evidence, so leaving before police arrive can harm your chances of securing compensation. In some situations, leaving the scene can lead to hit-and-run charges. You should never drive away unless you must rush someone with a life-threatening injury to emergency care, and an ambulance cannot reach you in time.
Document the Scene
While waiting for law enforcement to arrive, start gathering evidence at the scene. Take photos of everything, including the damage to both vehicles, injuries, road conditions, weather, traffic signals and road signs, debris, and any cameras you can see. You should also look around for anyone who witnessed the crash so they can provide statements. You can record quick videos on your phone and make sure you also get their contact information.
Seek Medical Attention
One of the most important things you need to do to protect your legal rights is to seek medical attention even if your injuries aren’t severe. T-bone collisions can cause serious torso and head trauma, which can lead to catastrophic internal injuries. Traumatic brain injuries often go unnoticed until severe symptoms develop several days later. Internal bleeding is also extremely dangerous if it isn’t treated immediately. Furthermore, a doctor’s report creates an indisputable link between the crash and your injuries, which will be important during legal proceedings.
Alert Your Insurer and Contact an Attorney
Most auto insurance policies require accident reporting within 24-72 hours, so check your contract immediately to safeguard your right to file a claim. When you speak to your insurer, do not discuss the crash in detail and don’t discuss fault until you’ve consulted with an attorney. At HHJ Trial Attorneys, our history of record-breaking payouts won in negotiations and in court sets our firm apart from other personal injury law firms in San Diego.
Our hard-earned reputation shows other legal professionals and insurance companies that we will not give up until our clients get what they deserve. Contact us to schedule a consultation with a legal expert who will guide you through the entire legal process and help you secure fair compensation. We are proud to work on a contingency-fee basis, which allows us to help victims facing immense financial pressure.
Frequently Asked Questions
What Are the Intersection Laws in California?
In California, the laws governing intersections are clear. At a four-way stop, the first driver to come to a complete stop goes first. When two drivers stop at the same time, the driver on the left must yield to the driver on the right. At T-junctions, drivers joining the main road must yield to vehicles already on the through road. At roundabouts, drivers entering must yield to traffic already in the roundabout.
At all intersections without traffic lights, pedestrians and cyclists have the right of way. At traffic lights, drivers must obey signals and may not turn or go straight until the crosswalk is clear. Moving through an intersection is inherently risky because multiple streams of traffic converge, so drivers are expected to be cautious at all times. Running a red light is illegal for all non-emergency vehicles.
How Can I Prove the Light Was Red if the Other Driver Lies?
Proving a red light violation when a driver disputes the facts requires a combination of witness statements and technological evidence. Traffic camera footage, dashcam recordings, and the timing patterns of the lights can be analyzed by accident reconstruction experts to show the other driver’s location at the moment the signal changed. Additionally, data from the vehicle’s black box can show whether the driver accelerated to beat the light rather than brake.
What if the Intersection Cameras Don’t Record Video?
Some intersection cameras are designed only for traffic flow monitoring or sensor detection and don’t record or store footage. In these cases, your legal team will look for secondary sources of video, such as security cameras from nearby retail stores or residential doorbell cameras. If no video exists, your claim will rely on the physical evidence at the scene, such as the crush patterns on the vehicles and the final resting positions of the cars.
Can I still recover damages if I was partially at fault?
California allows you to recover damages even if you’re assigned up to 99% of fault under the pure comparative negligence rule. It is vital to pursue a claim regardless of the initial accusations made by the other driver or their insurance company. When determining liability, each side will conduct thorough investigations to prove the exact percentage of each party’s fault in the crash.
