Are Red Light Runners Always Liable in Intersection Accidents?

However, liability with any vehicle crash is complicated. Running a red light does not automatically entitle you to compensation, and there are other requirements to meet when filing a claim. A Tulsa car accident attorney will describe how the process works, especially the types of evidence that will be important to your case. An overview will also explain why red-light runners are not always liable in intersection accidents.

Negligence is the Key

With Oklahoma traffic collisions, the theory of liability that applies to the legal process is negligence. You need evidence showing that the at-fault motorist breached the duty to drive safely, thus causing the crash. Running a red light is not a safe move, so it is a good example of negligence. The ticket could be used as evidence, but surveillance video could also be used as proof.

However, the yellow that precedes the red often encourages drivers to speed up and get through the intersection. The motorist may not be technically running a red light and will not receive a ticket, but this is another example of negligence. It could constitute a failure to drive safely around intersections.

Watch for Comparative Negligence

There is a law in Oklahoma that makes it possible for a red light running not to be liable, at least not entirely. Comparative fault provides that a victim’s compensation will be reduced if they were also negligent in causing the accident. The reduction is based upon the percentage of liability assigned to the victim and the driver who ran the red light. For instance:

• If you were speeding when struck by the red-light runner, your damages might be lowered by 20%.
• Your compensation will drop considerably if you were texting and driving, but you can still recover compensation if you were less than 50 percent to blame.
• If you were drunk driving, the other motorist might be less to blame even though they ran a red light. Under the circumstances, you could be more than 50% liable. You will not be able to obtain any monetary damages.

Trust a Tulsa, OK Car Accident Lawyer to Handle Details with Evidence

For more information on how red light running and other traffic violations affect an auto collision, please contact BDIW Law. We are happy to set up a no-cost case evaluation with an Oklahoma traffic crash attorney who can provide personalized advice.