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  • Writer's pictureRobert Schuerger II

Who is at Fault in a Car Accident in an Intersection? - Getting Fair Compensation

Being involved in a car accident at an intersection can be one of the most frustrating situations for a driver.

In most cases, these accidents take place because both drivers believe that they have the right of way to continue on. Does there always have to be an at-fault driver in these situations?

When the accident can be traced back to an action that goes against traffic laws, it will be easier to pin the blame on that driver. Any accident involving a driver running a red light will quickly get blamed on that person. The problem is that when either party sustains injuries, the situation can get very complicated.

How Intersection Accidents Happen

How Intersection Accidents Happen

Most accidents at intersections happen when someone who is meant to yield does not. Common intersection accidents involve a vehicle getting rear-ended because the driver behind thought the one in front was going to continue on. Again, in this situation, the driver who contacts the other car will be to blame.

Intersection car accidents with frontal contact where drivers felt they had the right of way on a left or right turn are more difficult to assess. Vehicles can usually turn right without traffic lights indicating anything.

That doesn't mean that turning into oncoming traffic is a good idea. In these situations, the driver turning left with a green light will likely be the victim, while the one turning right will be blamed.

How Is Fault Determined in a T-Bone Accident?

In an intersection accident, the key is determining who had the right of way.

When turning on a green light, it's difficult to be at fault in an intersection accident. The light is going to be the saving grace for some drivers. It will allow them to prove the fault was on the other driver.

What will determine the official at-fault party will be the police report, though. That's why never leaving the accident scene before reading the police report is so important. If the report seems inaccurate, getting legal help immediately is essential. Schuerger Shunnarah Trial Attorneys can advise in a multiple car accident who pays.

The Contributing Factors to Intersection-Related Crashes Include:

Drivers failing to yield or incorrectly advancing are two of the main causes of crashes. When a driver runs a red light in a busy intersection, a car accident is probable as well.

In situations where there's a drunk driver involved, an accident becomes extremely more likely. Any time a driver decides to ignore traffic signals, they are increasing the risk of an accident.

Disputing Fault in Traffic Light Collisions

The police officer who arrives at the scene will be responsible for filing a report of the accident. That report will heavily dictate how things play out for both parties. What happens when a driver runs a stop sign, but that's not represented in the report?

Drivers who feel that the report does not indicate what happened should hire an Indianapolis automobile accident attorney immediately. This will allow them to quickly file a motion to challenge the report. The good thing about an intersection is that there are usually cameras nearby.

If any of the drivers involved engaged in distracted driving practices or any other type of driver negligence, cameras can make it easier to prove.

The Role of Injuries in Determining Fault for Intersection Accidents

There are instances where injuries can determine fault in an intersection accident. This is especially the case with pedestrian injuries that occur while waiting at an intersection.

In an intersection car accident involving a pedestrian, the person on foot will usually receive maximum compensation for their injuries if these are deemed severe.

Pedestrians have the right of way in most states, and that means the vehicles involved in one of these accidents are usually going to be blamed. That'll be the case even if the person walking wasn't paying attention as they should have.

Multiple Parties Can Be at Fault When Car Accidents Happen

In intersection collisions, there's also a possibility that multiple parties will be to blame. Going back to the pedestrian example, the driver making contact with the person on foot will usually try to pin at least some of the blame on the pedestrian.

The more blame that the driver can pin on the person crossing the street, the less they'll have to pay in personal injury damages. They'll have to argue that the pedestrian was carelessly approaching traffic or that they crossed on a yellow light.

Hiring a Car Accident Lawyer to Resolve an Intersection Accident Claim

Do intersection crashes require the assistance of a lawyer? That's going to depend on the severity of the crash and the personal injuries that happened because of it. Most intersection accidents would seem simple enough.

There are instances where the insurance company may refuse to pay fair compensation. In that situation, it's a good idea to at least have a lawyer conduct an investigation into the matter.

When there are people injured as a result of intersection crashes, it can also be a good idea to hire a lawyer. They can be in charge of gathering evidence that may go unnoticed otherwise.

In cases where one party wants to argue that the other driver was speeding or texting while driving, evidence will be key to support that claim. It's easier for law firms with experience in the matter to investigate the situation and build a case.

Who Can File an Intersection Collision Lawsuit?

Who Can File an Intersection Collision Lawsuit?

Who can file this type of lawsuit for issues at intersections? Anyone who has been injured because of another person's reckless driving at these intersections could plead their case.

Pedestrians have the right of way in most intersections. That means they'll have a strong chance to win these types of cases.

Anyone involved in a crash at dangerous intersections who believes they had the right of way could also file a lawsuit.

The person doesn't have to be in pain and suffering to build a case for themselves. They may just be interested in getting the other party to pay for property damages.

Ways to Build a Good Case After a Car Crash

Anyone who can prove that they obey traffic laws and were doing so at the time of the crash can build a strong case. Schuerger Shunnarah Trial Attorneys can give insight to what damages are available in a personal injury case. If there was a green light allowing the left turn, and that's indicated in the accident report, that driver is probably in the clear.

Even when the car accident case seems simple enough, it's still a good idea to get a free consultation with an expert legal team, especially if the driver caused car accident fatalities. Sometimes, the key is to prove fault in other drivers to build a good case.


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