In a California personal injury case involving a driver who runs a red light, the driver who ran the red light is typically considered negligent and at fault for the resulting collision. However, various factors such as contributory negligence or traffic conditions could impact the outcome of the case. Here’s a breakdown of how the law applies to these types of accidents and what you, as the injured party, can expect in terms of potential claims and damages.
🚦 Legal Considerations for Running a Red Light in California
- California Vehicle Code § 21453 (Running a Red Light):
- California Vehicle Code § 21453 clearly states that drivers must stop at red traffic signals. The law prohibits drivers from entering an intersection when the traffic signal is red, except in specific circumstances (e.g., turning right at a red light, when permitted, after stopping and yielding to other traffic).
- If a driver runs a red light, they are in violation of traffic laws and are likely to be deemed negligent if they cause an accident.
- Negligence per se:
- Negligence per se is a legal doctrine in California, which holds that a party is automatically considered negligent if they violate a statute or law (such as running a red light), and that violation causes harm.
- In the case of running a red light, Driver A (who runs the red light) is likely considered negligent per se, meaning their failure to stop at the red light is the direct cause of the collision.
- Duty of Care:
- All drivers have a duty of care to drive responsibly and to obey traffic laws, including red lights. By running a red light, Driver A breaches that duty, and if their breach causes an accident, they are likely to be held responsible for the damages.
- Contributory Negligence:
- Driver B, the other party involved in the collision, may still share some level of responsibility if they were also negligent (e.g., speeding, distracted driving). However, California follows pure comparative negligence, meaning that even if Driver B is partially at fault, they can still recover damages, though the award will be reduced by their percentage of fault.
- For example, if Driver B was speeding but Driver A ran the red light, Driver B may be found partially responsible, but they can still recover damages based on Driver A’s greater fault.
💼 Possible Claims and Damages for the Injured Party
If you are the injured party in a red light accident, here are the possible claims and damages you can pursue:
- Medical Expenses:
- Compensation for medical treatment such as hospital visits, surgeries, medications, and physical therapy. If your injuries require long-term treatment, you can also seek compensation for future medical expenses.
- Pain and Suffering:
- You can claim compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries. This includes both the immediate pain and any long-term suffering that arises from permanent injuries.
- Lost Wages:
- If your injuries caused you to miss work, you can recover for your lost wages. This includes compensation for the time you were unable to work during your recovery, as well as any future lost earnings if your injuries prevent you from returning to work or continuing in your occupation.
- Property Damage:
- If your vehicle or personal property was damaged in the accident, you can recover the costs to repair or replace them. The value of the damage to your vehicle will be assessed based on its market value before the crash.
🧾 Evidence to Support the Claim
To strengthen your personal injury case, you’ll need to gather the following types of evidence:
- Police Report:
- A police report is essential in documenting the circumstances of the crash and the violation of the law (running a red light). The report will include the officer’s observations, any citations issued, and the initial conclusions about who was at fault.
- Witness Statements:
- Eyewitnesses who saw the accident or the driver running the red light can provide crucial testimony. This is particularly important if there are no traffic cameras or other video footage of the event.
- Traffic Camera or Dashcam Footage:
- Traffic cameras at the intersection may capture the moment when the red light was run, providing visual proof of the driver’s violation. Similarly, if you or any other driver involved in the crash had a dashcam, it could provide critical video footage that shows the driver running the red light and the resulting collision.
- Vehicle Damage Photos:
- Photos of the damage to your vehicle and the other vehicle involved will help to illustrate the force of the impact and the manner of the crash. This can also assist in determining the point of impact and liability.
- Medical Records:
- Medical records showing the injuries you sustained in the accident and the treatment you received are crucial for substantiating your claim for medical expenses and pain and suffering.
- Expert Testimony:
- Accident reconstruction experts can analyze the scene of the crash, the timing of the light, and the actions of both drivers to help prove that the other driver was at fault for running the red light and causing the collision.
🚨 Possible Defenses Driver A Might Use
While running a red light is a clear violation of traffic law, Driver A might attempt to use a few defenses to mitigate their responsibility:
- Emergency Situation:
- Driver A may argue that they were in an emergency situation (e.g., rushing to the hospital, avoiding a more serious accident, etc.) and needed to run the red light to avoid further harm. However, the emergency exception to traffic laws is narrowly applied and will be scrutinized carefully by the court.
- Driver B’s Contributory Negligence:
- Driver A might argue that Driver B contributed to the accident by being speeding, distracted, or failing to yield the right of way. However, this will not absolve Driver A of their responsibility for running the red light, though it may reduce their percentage of fault in a comparative negligence situation.
🚗 Next Steps for the Injured Party
If you’re the injured party in an accident caused by a driver running a red light, here are the next steps:
- Document the Scene: Collect as much evidence as possible at the scene of the accident, including photos, witness statements, and any available video footage.
- File an Insurance Claim: Notify both your insurance company and the other driver’s insurance company about the accident. Ensure that all medical expenses, property damage, and lost wages are included in your claim.
- Consult with an Attorney: Consider consulting with a personal injury attorney to help you navigate the legal process and ensure you are fairly compensated. A lawyer can help with negotiating a settlement or filing a lawsuit if necessary.
- Seek Medical Treatment: Even if you don’t feel seriously injured, it’s important to get checked by a healthcare professional after an accident. Some injuries, like whiplash or internal injuries, may not immediately show symptoms.
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