Running red lights or stop signs on freeway on-ramps in California can be a critical factor in a personal injury case, especially when such actions lead to a collision. Here’s a breakdown of how this conduct impacts legal liability:
đź”· 1. Violation of Traffic Laws = Presumption of Negligence
Under California Vehicle Code, running a red light (CVC §21453) or a stop sign (CVC §22450) is a clear violation of traffic laws. In a personal injury case:
- Negligence per se may apply.
If the defendant violated a traffic law meant to protect public safety, and that violation caused the plaintiff’s injury, the law presumes the defendant was negligent.
Example:
- A driver runs a red light at a metered freeway on-ramp and hits another car merging onto the freeway.
- The injured driver can argue negligence per se, shifting the burden to the at-fault driver to justify their conduct.
đź”· 2. Freeway On-Ramps: Special Considerations
- Metered on-ramps often have traffic signals to regulate freeway flow.
- Ignoring these signals is treated the same as running any other red light.
- Stop signs may also be present at certain on-ramps, especially those merging from surface streets.
Failure to obey these signals creates a foreseeable risk of harm, particularly when multiple vehicles are merging at high speeds.
đź”· 3. Comparative Fault Considerations
California follows pure comparative fault (as noted earlier). If both parties contributed to the crash, the court will apportion fault.
Example:
- Driver A runs a red light at the ramp.
- Driver B is speeding or texting.
- Driver A may be found 70% at fault, Driver B 30% — reducing B’s recovery by 30%.
đź”· 4. Types of Damages the Injured Party May Recover
If a person is injured due to someone running a light/stop sign at an on-ramp, they can recover:
- Medical expenses (past and future)
- Lost wages/loss of earning capacity
- Pain and suffering
- Property damage
- Possibly punitive damages if the conduct was reckless or egregious (e.g., drunk driving)
đź”· 5. Evidence That Can Help
- Traffic camera or metering light footage
- Witness statements
- Police reports citing traffic violations
- Vehicle damage analysis
- Medical records to support injury claims
- Dashcam footage
đź“ť Key Legal Strategy
In litigation or settlement discussions:
- Emphasize the statutory violation (red light/stop sign) to establish negligence per se.
- Gather any video or eyewitness proof of the violation.
- Be prepared to defend against comparative fault arguments by showing your actions were reasonable.
Be prepared to defend against comparative fault arguments by showing your actions were reasonable.
Law Offices of James R. Dickinson – 909-848-8448
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