Do you know your legal rights if a red-light runner causes a crash and injures you in NYC?
At The Bongiorno Law Firm, our knowledgeable New York car accident lawyers are deeply committed to protecting victims injured by negligent, careless and reckless drivers. In this blog, we explain more about red-light crashes, including how they often happen. We also discuss potential avenues for seeking compensation and how to protect your legal rights in this situation.
What Is a Red-Light Crash?
It is no secret that controlled intersections often use traffic signals to safely regulate the flow of vehicles and pedestrians. A red-light crash occurs when a driver enters one of these intersections while the traffic signal is still red and collides with another vehicle, pedestrian or cyclist who has the right of way.
What Are the Most Common Causes of Red-Light-Runner Crashes in NYC?
Red-light-runner crashes in NYC and elsewhere often stem from negligent driver behaviors that prioritize speed or convenience over safety. Every car accident has its own unique set of circumstances. However, there are certain common factors that increase the risk of a red-light crash occurring. These common factors include:
- Distracted Driving: Texting drivers pose a significant and dangerous distraction, as do those who groom, take videos, selfies or engage in other activities behind the wheel. These drivers may unintentionally run a red light because they are not focused on the road.
- Reckless, Careless or Aggressive Driving Behaviors: These behaviors are especially hazardous and run the risk of escalating to road rage. Drivers may blow through a red light out of anger or extreme impatience.
- Impaired Driving Due to Alcohol or Drugs: Getting behind the wheel while impaired by any substance is against the law. People in this condition, especially younger drivers, may be more likely to engage in reckless behaviors, like speeding or ignoring traffic signals.
- Speeding Up to Try to Beat a Yellow Light: Drivers may often think this is harmless, but if another driver is doing the same thing or is already in the intersection, it can lead to a dangerous crash.
- Fatigued or Drowsy Driving: Driving while fatigued is another form of impaired driving. Drivers who get behind the wheel when they are over-tired may go through the intersection without realizing the light was red.
- Poor Visibility: Weather conditions, such as extreme snow, heavy rains or fog, can make it difficult to see the color of a traffic light. In conditions this severe, however, it may be best to avoid going out at all until the weather has cleared.
- Mechanical failures: If a vehicle malfunctions, such as issues with braking, drivers may go through a red light unintentionally.
Is the Red Light Runner Always Liable if a Crash Occurs?
In most cases, yes, the driver who runs a red light will most likely bear primary liability if a crash results. New York traffic laws clearly state that drivers must stop at red lights. Drivers who fail to do so are breaking the law and could face severe fines and other penalties.
That said, liability is not always straightforward. While the red-light runner typically holds significant responsibility, other factors could impact liability. For instance, if the other driver was speeding, distracted or also violated a traffic law, they may share some degree of liability.
What If I Am Partially At Fault for a Red-Light Crash?
New York follows a comparative negligence system, so multiple parties can share fault for an accident. Even if you think you may be partly to blame, however, you should not admit this to anyone but your lawyer. You could be wrong and unnecessarily damage your claim. It is better to wait until the crash has been fully investigated.
How Does New York’s Comparative Negligence System Affect My Claim?
New York’s comparative negligence system allows injured parties to seek compensation for damages even if they are found partially at fault for an accident. Under this system, the court determines the percentage of fault for each party involved in the crash. Any compensation awarded to the injured victim (the plaintiff) is then reduced by his or her percentage of fault.
Here is an example of how that works:
- The driver injured by a red-light runner is found to be 20 percent at fault
- That injured driver is ultimately awarded $100,000 in compensation for damages
- The 20 percent of fault is deducted from the awarded compensation, leaving $80,000.
This system aims to provide a fair resolution that considers the actions of all parties involved.
Can Victims Be Barred for Sharing Too Much of the Fault?
New York’s comparative negligence law does not bar recovery even if the injured party is found to be more than 50 percent at fault. However, the higher the percentage of fault assigned to injured parties, the lower their potential compensation. This is why it is key to work with a knowledgeable attorney who knows how to build a strong case that minimizes assigned fault and maximizes potential recovery.
Proving Fault in a Red-Light-Runner Accident
If you are injured in a red-light-runner accident, seeking legal help could greatly benefit your claim.
At The Bongiorno Law Firm, we help victims injured by the negligence of others every day, something we have been doing for decades. Ultimately, determining liability requires a thorough investigation into the circumstances that caused your crash. This is just one of the things we can help you with.
Key evidence that may help to establish negligence includes:
- Credible witness statements
- Traffic, surveillance or dash camera footage, if available
- Documentation from the accident or police report
- Physical evidence at the crash scene
- Vehicle damage
- Photos of the crash scene
- Cellphone records of the other driver to search for activity just before the crash
- And more
How Does New York’s No-Fault Insurance Apply to Red-Light Crashes?
New York’s No-Fault insurance system applies to red-light crashes as for other types of auto accidents. Under this system, no matter who caused the accident, each driver involved will initially seek compensation for their medical costs and lost wages through their insurance company.
Personal Injury Protection (PIP) covers:
- Reasonable and necessary medical costs related to the crash
- 80 percent of lost wages – up to $50,000
- Up to $25/day – for up to one year after the crash – to help with other costs, like transportation to and from medical appointments.
PIP pays for medical costs promptly, which helps relieve some of the unexpected financial burdens placed on victims and their families.
NY No-Fault Insurance Does Not Cover Pain and Suffering Damages
No-fault insurance does not provide any compensation for pain and suffering damages in New York. Qualifying victims with more severe injuries may be eligible to seek additional compensation by filing a personal injury lawsuit against the at-fault party. Before they can proceed with this type of claim, however, victims must meet the qualifying criteria required under NY insurance law.
What Is the Qualifying Criteria for a Serious Injury in New York?
In New York, a serious injury may qualify if it meets one of the following criteria:
- Significant disfigurement
- Fracture/broken bones
- Loss of a limb (amputation); dismemberment
- Loss of a body organ
- Loss of body function (such as paralysis)
- Loss of a fetus
- Death
Basic Economic Loss Occurred
To qualify, the basic economic loss a victim suffered must be greater than the $50,000 limit provided under basic no-fault insurance.
The Injury is Not Permanent
A non-permanent injury, as defined by New York insurance law, keeps a victim from being able to engage in their normal activities for at least 90 days out of the first 180 days after the crash.
Need Legal Help After a Crash? Call The Bongiorno Law Firm Today
After a red-light accident in NYC, having an experienced lawyer working on your behalf can make a crucial difference in the outcome of your case.
At The Bongiorno Law Firm, our attorneys have extensive legal experience. We are also skilled negotiators and have the necessary resources to build a strong claim on your behalf.
Not sure if you have a case? Many injured victims feel this way, but we offer a free, no-obligation initial consultation to help determine your legal options. You do not have to try to navigate New York’s complex legal process alone.
