Who’s at fault in an intersection accident?
Stolen Vehicle Runs Red Light, Causes Accident With SAPD Patrol Vehicle
According to a KSAT News report, a SAPD patrol unit struck the side of a stolen vehicle that ran a red light on the West Side yesterday.
Police reported the incident happened at the intersection of Trinity and Woodland on the West Side yesterday morning. A patrol vehicle was returning from responding to a disturbance when it struck the side of a vehicle that had run the red light. The vehicle was reported stolen and had two minors inside. Neither admitted to being the driver, claiming a third person fled the scene, but the police found no one. The officer sustained minor injuries, as did the two teens. Police did not say what the minors will be charged with.
Did You Know?
26,879 fatal and serious injury accidents occurred at intersections between 2017 and 2021.
Who’s At Fault in a Red Light Accident in San Antonio?
If you’ve been driving for any amount of time, you’ve probably seen an accident at an intersection.
Intersection accidents happen all the time, and one of the most common reasons for them is running red lights. Traffic is heavy, lights are short, and drivers are more rushed and frustrated than ever. It’s a bad combo.
But is the driver who ran the red light always to blame for the accident? Let’s take a look.
Liability in Red Light Accidents
Running a red light is illegal, and everybody knows it. So, if a driver runs a red light and hits another vehicle, they have obviously been reckless and bear fault for that accident. But it’s not always that simple.
Let’s say a driver runs a red light, and you see them coming in plenty of time to stop. But you have the green light, and their stupid disregard for your safety makes you angry, so you go anyway, and the two vehicles collide.
Or, maybe the driver behind a vehicle is going to rear-end them, so they pull ahead into the intersection to protect themselves and collide with another vehicle.
Alternatively, the driver could have been experiencing brake failure and was unable to stop properly.
In all of the above cases, there is more than one responsible party, so comparative fault would apply.
Comparative Fault
Multiple parties contributing to an accident is not uncommon, so Texas uses a comparative fault rule in these cases. Essentially, fault is determined as a percentage. So, however much a person contributed to the accident will be shown as a percentage (i.e., 35%, 15%, 50%, etc.).
In the second example, let’s say a jury finds the vehicle that was going to rear-end the car that ran the red light 51% responsible for the accident. The driver who ran the red light is then assigned 49% of the fault.
In this scenario, the driver who ran the red light can claim damages for their injuries because they were only partially responsible for the accident. As long as you are not more than 50% responsible for the accident, you can claim damages, though they will be reduced.
Injured in a Red Light Accident That Wasn’t Your Fault? Call Carabin Shaw.
Accidents at intersections can be tricky with so many factors involved. Get expert legal counsel to negotiate on your behalf.
If you were hurt in a red light accident, you may be entitled to compensation for damages like:
- Medical Bills,
- Lost Work,
- Property Damage,
- Wrongful Death,
- and More.
Carabin Shaw has served those injured at intersections in San Antonio for over 30 years, and we put our clients first. Call our firm for a free, no-obligation case evaluation at 800-862-1260. We look forward to serving you.