If Someone Runs a Red Light and You Hit Them, Who Is at Fault?

Traffic accidents at intersections often raise complex questions about fault. It might seem clear that the driver who runs a red light is fully responsible, but determining liability can be far more complicated, especially under Texas law. If someone runs a red light and you hit them, who is at fault? The answer depends on the specific circumstances and how liability is evaluated by insurers, law enforcement, and possibly a court. At Monsour Law Firm, we understand these complexities and can help you navigate the legal process to ensure your rights are protected.

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How an Insurance Company Blames the Person with the Green Light

According to Texas state law, all drivers must exercise due care when approaching an intersection. This includes looking both ways and being prepared to stop if necessary to prevent a collision. Even if you had the green light, the opposing driver’s insurer could argue that you failed to meet this legal obligation.

For example, if a driver runs a red light and you hit them, the insurance company might claim that you weren’t paying attention. They could argue that you didn’t see the other car speeding toward the intersection and should have stopped to avoid the crash. This tactic often shifts partial blame to the victim, reducing the payout the insurer must make. Unfortunately, these “blame-the-victim” strategies work all too often, especially without legal representation.

How Insurance Companies Trick You Into Paying More

Insurance adjusters are skilled at reducing their company’s payouts. They may seem helpful, but they often ask questions to weaken your claim. For example, if they ask if the intersection was clear or if anything blocked your view, answering “no” could allow them to argue you weren’t paying attention.

Insurers also often request recorded statements. These casual-sounding conversations are designed to lead you into saying things that hurt your case. For instance, saying, “I didn’t even see their car before the accident,” could suggest negligence, making it easier to shift blame onto you.

Proving Liability in Intersection Accidents

Under Texas law, determining liability in intersection accidents often involves comparative negligence standards. According to Section 33 of the Texas Civil Practice and Remedies Code, a driver who is more than 50% responsible for a collision cannot recover damages. This rule emphasizes the importance of gathering evidence to establish fault.

Key types of evidence that prove liability include:

• Traffic Signals and Citations: Police reports that indicate the other driver’s violation of running a red light can strongly support your case.
• Eyewitness Testimonies: Witnesses to the accident can offer unbiased perspectives to validate your account of the incident.
• Traffic Camera Footage: If available, video footage can provide indisputable evidence of what happened at the intersection.

By establishing that the other party was primarily responsible for the collision, you can improve your chances of receiving the compensation you deserve.

Compensation You Can Claim in an Intersection Accident in Texas

Texas intersection-accident victims can recover economic and non-economic damages based on their injury severity and the accident circumstances. Their compensation may include:

• Medical Expenses include immediate medical costs such as emergency room visits, surgeries, and hospital stays. It also covers long-term expenses like physical rehabilitation, ongoing therapy, medication, and any necessary medical equipment like wheelchairs or prosthetics. Future medical costs for chronic pain or permanent injuries may also be included. 
• Lost Wages: If your injuries leave you unable to work, you may be entitled to compensation for lost wages during your recovery period. This also encompasses future wages if the injury results in long-term or permanent disability that compromises your ability to return to work or work at the same level as before the accident.
• Pain and Suffering: Emotional pain, physical pain, and loss of the enjoyment of life are all bases for additional compensation. These include mental anguish endured as a result of the accident, e.g., depression, anxiety, PTSD, or inability to participate in activities enjoyed before with friends and family.

To ensure fair compensation, document all damages thoroughly. This includes medical records, wage statements, accident reports, and expert opinions to support your case. A strong, evidence-based claim increases your chances of recovering the full amount for your economic and emotional losses.

Understand Your Rights After an Accident

Liability in red-light accidents isn’t always clear. Under Texas’s comparative negligence laws, you must prove you’re less than 50% at fault to claim compensation. The Monsour Law Firm can help you gather evidence and protect your rights. 

Call (903) 999-9999 for a free consultation today.