Driving a vehicle requires an ample amount of anticipation. While some people may think that stop lights are the safest place to be before the light turns green, these areas actually require more anticipation and care. 40% of car accidents in the United States occur at intersections, and that is a high percentage considering the many kinds of car accidents that could happen at any time.
This begs the questions: who is at fault during these scenarios, and who has the legal right of way? That can be difficult to determine since every car accident has unique elements that lead to the at-fault and aggrieved party. Read more to learn about the crucial elements of determining fault in an intersection accident and other matters involved in facing similar cases.
Causes of Intersection Car Accidents
There are many causes of intersection car accidents. Some of them are as follows:
Failure To Stop at a Red Light
Failure or trying to beat the red light are common causes of intersection car accidents. Proceeding cautiously at a yellow light is a given, but when a driver refuses to abide by this specific rule, there will be a high probability of intersection collision. If one party admits to running a red light or a stop sign, the other party will be absolved of any mistake. The latter will also prosper in a personal injury trial in court.
Not Maintaining a Safe Distance
While this is a typical reason for rear-end collisions, not maintaining a safe distance can also be a primary cause of intersection collisions. There should be enough space between vehicles to allow ample time to stop in case of a fast-moving vehicle.
Malfunctioning Traffic Lights
Traffic lights that don’t work can disrupt the traffic flow and may cause unfortunate accidents. Drivers are advised to slow down or completely avoid junctions with malfunctioning stop lights and missing signs. This is when both parties have to fight for their right of way. Camera footage or witnesses are often the primary sources of evidence in these cases.
How To Determine Fault
Like other cases involving personal and property damage, an investigation will have to take place to determine fault or negligence between the parties. Law enforcement agencies will respond and arrive at the scene to investigate and interview the parties and the witnesses. Their main objective is to determine which of the parties is at fault and whether both parties committed contributory negligence.
After the creation of an accident report by law enforcement, your defense counsel and insurance companies will also look into the accident. These investigations will involve liability (or shared liability), fault, and the damages incurred by each party.
Evidence To Support a Collision Claim
There are many types of evidence to support an intersection collision claim depending on the situation. Your attorney will have to go through all the elements of the imputed crime and damages against you. They will use their resources and expertise to obtain the following:
Accident scene survey
Photos or videos of the incident
Testimonial accounts
Police report
Account of financial losses incurred
Medical records
Expert testimony
Reconstruction of the accident scene
Talk To a Car Accident Lawyer
If you’re involved in an intersection car accident, and the at-fault party is difficult to determine, the other party may accuse you of shared liability. This is often a desperate measure when there is no proof that can absolve them of negligence. They may also file for damages against you, depending on how the case is running. Thus, it is in your best interest to talk to a lawyer and discuss in detail what happened before, during, and after the accident.
Hiring a personal injury lawyer immediately is crucial, especially if you have little knowledge of the legal process. Your lawyer can look for evidence and fight for your claims in court from the facts given. Remember that contributory negligence can cause a huge financial loss. Talk to an attorney today if you’re involved in an intersection car accident.
