Ran a Red Light by Accident
If you’ve been involved in a red light accident in New York, there are some things you need to know to protect your rights. A car accident where serious injuries have occurred can leave you liable for civil or criminal damages. Read on to learn more about what to do if you’re in this situation.
What to Do if You Accidentally Ran a Red Light and Caused an Injury
If you accidentally ran a red light and caused an injury, check for injuries, call emergency services, and stay at the scene. Cooperate with law enforcement but avoid admitting fault, because liability is determined by the investigation. Document the scene, gather witness information, and notify your insurance company. Hiring a personal injury lawyer can protect your rights. They will develop a defense strategy, and manage potential claims. In New York, legal guidance can reduce liability and ensure a fair resolution, even if you’re partially at fault.
Who Is Liable in a New York Red Light Accident with Injuries?
Liability in a New York red light accident with injuries falls on the driver who ran the red light. Violating traffic signals constitutes negligence. New York traffic laws require drivers to stop at red lights, and failure can result in accidents that cause serious harm to other drivers, passengers, pedestrians, or cyclists. Traffic camera footage, witness statements, and police reports can often prove who is at fault.
In certain cases, liability can be shared. Under New York's comparative negligence law, the other driver may be partially at fault if they were speeding, inattentive, or failed to take evasive measures. Third parties could also bear some liability. An experienced personal injury lawyer can help you ensure the responsible parties are accountable for your injuries so you receive the compensation you deserve.
Common Injuries from Red Light Accidents in New York
Red light car accidents at New York intersections often cause significant trauma such as whiplash, concussions, fractures, and spinal damage. Traumatic brain injuries might also occur. Pedestrians and cyclists face greater risks of severe injuries, like pelvic fractures and spinal cord damage. If you’ve experienced one of these types of severe injuries, consult with a qualified physician and attorney to address your health and legal concerns.
Legal Consequences of Accidentally Running a Red Light and Causing Injury
Running a red light and causing an accident and injury in New York can lead to serious civil and criminal legal consequences. On the civil side, the driver may be held financially responsible for medical expenses, property damage, lost wages, and pain and suffering of the injured party. Victims can pursue compensation through personal injury claims, and under New York’s comparative negligence rule, the driver’s liability may increase if they are found primarily at fault for the accident.
Criminally, the driver may face traffic violations, fines, points on their license, and possibly license suspension. If the accident was the cause of severe injury or death, reckless driving charges or vehicular manslaughter could apply, with heavier fines, probation, or jail time. Evidence of impairment at the time of the accident will escalate the penalties. Running a red light can also result in increased insurance premiums and long-term consequences for the driver’s record. The at-fault driver will need a lawyer to represent them and mitigate the penalties if the accident caused severe injuries.
Can You Be Sued for Running a Red Light Accidentally?
Even if the violation was unintentional, running a red light is considered negligence, and you can be liable for any damages. You can be sued for accidentally running a red light if it results in an accident or injury. The injured party can pursue a lawsuit to recover compensation for medical expenses, lost wages, property damage, and pain and suffering. In New York, even if the other driver shares some fault, you may still be responsible for a portion of the damages because of the New York comparative negligence laws.
Compensation You May Owe After a Red Light Accident Injury
After a red light accident resulting in injury, the at-fault driver may owe compensation for medical expenses, lost wages, and property damage including costs for emergency care, rehabilitation, and ongoing treatments, as well as compensation for pain and suffering, emotional distress, and diminished quality of life. If the accident caused severe injuries or negligence, punitive damages may also apply. The total compensation depends on the severity of the injury and the level of fault.
Impact of New York’s No-Fault Insurance on Red Light Accident Claims
New York’s no-fault insurance system allows drivers and passengers to receive compensation for medical expenses and lost wages after an accident, regardless of who was at fault. Claims are filed with the injured party’s insurance provider, covering medical bills up to the policy’s limits. No-fault insurance doesn’t cover pain and suffering. Significant disfigurement, fractures, or severe injuries must have occurred to receive more compensation. Drivers who run a red light can still face legal consequences and financial liability for serious accidents.
When to Consult a New York Personal Injury Lawyer After a Red Light Accident
After a New York red light accident, speak to a New York personal injury lawyer soon after it happens. A skilled attorney who can negotiate with insurance companies is best because your attorney can fight for your rights. They will also ensure important evidence isn’t lost which could impact the outcome of your case. You need a qualified attorney to manage your legal case. Your case is more likely to have a favorable result if you hire Curan & Ahlers as soon as possible.
How a Lawyer Can Help with a Red Light Accident Injury Claim
Skilled personal injury lawyers can secure a red light accident settlement by gathering valuable evidence, to build a strong case. They protect your rights throughout the process and handle negotiations with insurance companies for fair compensation. If fault is disputed, a lawyer can develop a solid defense strategy to counter claims of shared liability and reduce the impact of comparative negligence. By managing the legal complexities, a lawyer maximizes your chances of achieving a favorable settlement while allowing you to focus on recovery.
Legal Defenses for Accidental Red Light Violations Causing Injuries
Legal defenses for accidental red light violations causing injuries often emphasize that the accident or violation was beyond the driver’s control. Common defenses include malfunctioning traffic signals, limited visibility due to weather or obstructions, or emergency situations. Drivers’ attorneys can challenge the accuracy of traffic camera footage or officer reports. In some cases, demonstrating comparative negligence can prove the plaintiff contributed to the accident which can reduce liability.
How Red Light Cameras Affect Personal Injury Claims
Red light cameras impact personal injury claims by providing objective evidence of fault in an accident. Camera footage confirms whether a driver ran a red light, establishing liability when fault is disputed. This evidence can strengthen the injured party’s claim by demonstrating that the at-fault driver violated traffic laws, making it easier to pursue compensation for medical expenses, lost wages, and pain and suffering.
For the defense, red light camera footage can show mitigating factors, such as another driver’s actions contributing to the accident, supporting a comparative negligence argument. Red light cameras can influence the outcome of personal injury claims, especially when they prove who is actually at fault.
Time Limits for Filing a Personal Injury Claim in New York
The time limit for filing a personal injury claim after an accident in New York is three years from the date of the incident. Claims against government entities require a notice of claim within 90 days and a lawsuit within one year and 90 days. For wrongful death cases, the deadline is two years from the date of death. Special circumstances like cases involving minors or people who are incapacitated might extend the deadline. Hiring Curan & Ahlers as your lawyers early can preserve important evidence that helps win maximum compensation.
At Curan & Ahlers, we don’t charge any fees until we win your case. Call us to schedule a personal consultation and we can review your case.
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