How to prove fault in an intersection crash?
by Scott
(Kentucky)
I had a stop light at an intersection. I was coming out of a parking lot and making a left turn. My light turned green and I proceeded to drive across the intersection when a car going straight collided and T-boned me. They claimed that they had the green light and I ran a red light.
There were no witnesses and the security camera only shows the collision occurring, but doesn’t show the status of the traffic light at the time of the collision. It does show traffic moving about 7 – 9 seconds north and south after the collision.
Is there any way that I can prove I had the green light and the other driver is at fault?
NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.
Answer:Without witnesses you cannot prove who had the right of way. However, in this situation, you can expect to argue and get a 50% liability split and therefore, recoup half your expenses and/or the value of your pain and suffering.
Some insurance companies will side with their insured and their position will be that you ran the red light. If that happens, you will have to bring a lawsuit.
If you are just looking for expenses you may be able to bring this through the small claims court - check the jurisdiction monetary limits. If you are looking to recover for pain and suffering, I recommend you contact an attorney.
Good luck,
Charles
New York Accident AttorneyP.S. It's always best to
get a free case review from a local injury attorney. Laws change from state to state. Only an attorney licensed in your state can give accurate answers to specific questions regarding your case.