While traffic accidents can happen anywhere, crashes at intersections make up more than 40% of vehicle collisions. Certain intersections are particularly prone to accidents because of traffic volume or other challenges. Accidents at traffic lights are typically caused by the following factors:
- Drivers turning with an obstructed view.
- Traveling too fast for conditions.
- Misjudging the speed of other traffic.
- Inattention, particularly for “rear end” collisions.
- Intentionally failing to stop at a red light.
Rear End Collisions
Many intersection collisions involve a vehicle driving into the vehicle directly in front, or a “rear end” collision. These collisions are often the result of a driver attempting to speed through a yellow light before realizing that the car in front has stopped. The driver who drives into the vehicle in front will generally receive a citation for failing to maintain a proper distance.
Determining Fault After Intersection Collision
One Driver Admits to Running a Red Light
Sometimes, there is little question about who had the right of way at the light because that party admits fault after an accident. But at other times, a person may blurt out an admission at a moment of anxiety and fear that is not true. A well-meaning person may say, “I’m sorry – I must have missed the light change,” even if they are certain they had the right of way. After an accident, one fixed rule is to use great care regarding statements made to anyone.
Drivers Dispute Fault – Both Claim Right of Way
Sometimes two drivers will both claim to have had the right of way (green light) before an accident. Typically, one of these drivers is mistaken or is not telling the truth. To establish which driver in fact had the right of way, police will look at the following things:
- Witness statements.
- Traffic cameras, if available.
- Physical evidence at the scene – skid marks or location of vehicles.
- Credibility of Drivers.
Both Drivers at Fault – Comparative Negligence
Sometimes both or all drivers in a collision were partially at fault. Illinois is a modified comparative negligence state in which damages are based on the amount of fault of the injured party, provided that a person more than 50% at fault is barred from recovery. For example, if Driver A hit your vehicle at a traffic light and was 80% at fault while you are 20% at fault, you may recover damages from Driver A because you are less than 50% liable for the accident. But Driver A cannot recover from you because they were more than 50% responsible.
Traffic Light Malfunction
There are two types of traffic light malfunctions often at issue in intersection collisions.
- Blinking red or yellow lights or completely dark signal.
This malfunction is typically the result of a power outage or severe weather.
- Light appears normal but is not operating safely.
This may be caused by hardware or software failure, vandalism, or wear and tear through long-term use. Although drivers often express frustration at governmental entities for traffic light malfunctions and might wish to sue, it can be a complex case to make. Anyone concerned about malfunctioning traffic signals should contact an attorney immediately, as short claims notice requirements may be involved.
Pursuing a Claim After an Accident
If you have been involved in a collision at a traffic light, you may have several kinds of damages and losses:
- Medical Expenses for emergency care, surgery, hospitalization, and physical therapy.
- Lost Wages and Earnings for lost income from work, or for future lost income or loss of the ability to earn.
- Pain and Suffering for anxiety, emotional distress, and depression related to the collision.
- Permanent disability or loss of function.
- Property Damage.
Settlement of Claims
Cullotta Bravo will pursue vigorous settlement negotiations to secure you the best possible outcome. The amount of settlement of a claim will depend on the type of injury suffered and the extent and impact of the injury.
Consult an Attorney as Soon as Possible
Do not be concerned if you are still in rough shape following an accident. Let the attorneys at Cullotta Bravo Law Group pursue your claims while you seek care and recovery. Cullotta Bravo can guide you through the claims process and answer questions and concerns. To schedule a free consultation, call 630-898-7800 or contact us online.
