What to Do If Someone Ran a Red Light and Hit You
Being involved in a car accident is disorienting, but when it happens because someone else blatantly disregarded a traffic signal, the frustration and potential for severe injury can be even greater. If someone ran a red light and hit you in White Plains, New York, understanding your rights and the immediate steps to take is crucial. At Denlea & Carton LLP, we help victims navigate the aftermath of these often-devastating collisions, ensuring they pursue the compensation they deserve.
Understanding Red Light Accidents
Red light accidents occur when a driver proceeds through an intersection after the traffic signal has turned red, often colliding with vehicles legally entering or crossing the intersection. These collisions are frequently high-impact, as drivers on the green light may not anticipate the violation, leading to t-bone or head-on crashes. The consequences can be severe, resulting in significant vehicle damage and serious personal injuries.
Immediate Steps to Take After the Accident
Your actions immediately following a red light accident are vital for both your safety and any potential legal claim. Take these steps after an intersection accident:
- Ensure Safety: Move your vehicle to a safe location if possible, out of the flow of traffic. If not, turn on your hazard lights.
- Check for Injuries: Assess yourself and your passengers for injuries. Even if you feel fine, adrenaline can mask pain. Seek medical attention immediately if needed.
- Call 911: Report the accident to the police. A police report is invaluable for documenting the crash, especially the critical detail of who ran the red light.
- Exchange Information: Get the other driver’s name, contact information, insurance details, driver’s license number, and vehicle plate number.
- Do Not Admit Fault: Even if you’re unsure, avoid apologizing or making statements that could be interpreted as admitting fault. Stick to the facts when speaking with police or the other driver.
Gathering Evidence to Support Your Case
Compiling robust evidence is key to proving that someone ran a red light and hit you and establishing their liability.
The Importance of Police Reports and Witness Statements
The police report will often include an officer’s assessment of fault, citations issued (like for running a red light), and diagrams of the accident scene. This document is a critical piece of evidence. Additionally, independent witnesses who saw the light cycles are invaluable. Their unbiased accounts can confirm who ran the red light, significantly strengthening your claim. Obtain their contact information at the scene if possible.
Medical Documentation: Why It’s Crucial for Your Claim
Your medical records are paramount. They provide an objective record of your injuries, the treatment you received, and the progression of your recovery. Seek medical attention immediately after the accident, even if your injuries seem minor at first. Follow all doctor’s recommendations, attend all appointments, and keep detailed records of all medical bills, prescriptions, and therapy sessions. Gaps in treatment or delays in seeking care can be used by insurance companies to argue that your injuries weren’t caused by the accident.
Determining Fault in a Red Light Accident
In New York, establishing fault in a red light accident often comes down to proving which driver disregarded the traffic signal. Evidence like witness statements, police reports, dashcam footage, and even nearby surveillance cameras can be critical.
New York is a “No-Fault” state, meaning your initial medical expenses and lost wages will typically be covered by your own Personal Injury Protection (PIP) insurance, regardless of who was at fault. However, to pursue a claim for “pain and suffering” and other non-economic damages, you must meet New York’s “serious injury threshold,” which often includes fractures, significant disfigurement, permanent limitation of use of a body organ or member, or a medically determined injury preventing you from performing substantially all your usual daily activities for at least 90 out of the 180 days following the accident.
Can You Still Recover Damages If You Share Fault?
New York operates under a system of Pure Comparative Negligence. This is highly beneficial if there’s any dispute about fault. Even if you were found to be partially at fault for the accident (e.g., if you were speeding slightly, even if the other driver clearly ran the red light), you can still recover damages. Your total compensation would simply be reduced by your percentage of fault.
For example, if you were deemed 10% at fault, your damages award would be reduced by 10%. This means even if you ran a red light and hit someone (implying shared fault, or even if it was primarily your fault but the other driver could have avoided the crash), you might still have a claim. This rule is also critical if “someone ran a red light and I hit them,” as your own actions in striking them might be scrutinized.
Common Injuries in Red Light Accidents
The violent nature of intersection collisions often leads to severe injuries:
- Whiplash and Neck/Back Injuries: Common in t-bone or rear-end collisions.
- Fractures: Broken bones in arms, legs, ribs, or the pelvis due to direct impact or being thrown.
- Head and Traumatic Brain Injuries (TBIs): Concussions, contusions, or more severe brain trauma from striking objects inside the vehicle or the force of impact.
- Internal Injuries: Damage to organs, internal bleeding, or collapsed lungs, which can be life-threatening.
- Spinal Cord Injuries: Potentially leading to partial or complete paralysis.
Filing a Claim Against the At-Fault Driver’s Insurance
Once you’ve received medical attention and gathered initial evidence, the next step is typically to file a claim against the at-fault driver’s liability insurance. This process can be complex, involving:
- Notifying their insurer.
- Providing documentation of your injuries and damages.
- Negotiating a settlement.
- Potentially filing a lawsuit if a fair settlement cannot be reached.
Insurance companies often seek to minimize payouts, even in clear-cut cases where someone ran a red light and caused an accident. They may question the extent of your injuries or attempt to shift blame.
How a Personal Injury Attorney Can Help
Hiring an experienced personal injury attorney from Denlea & Carton LLP is crucial when dealing with a red light accident. We can:
- Investigate Thoroughly: We gather all evidence, including police reports, traffic camera footage, witness statements, and accident reconstruction analysis, to conclusively prove the other driver ran the red light.
- Navigate No-Fault & Serious Injury Thresholds: We ensure your initial medical bills are covered by PIP and establish that your injuries meet New York’s serious injury threshold to pursue comprehensive damages.
- Accurately Calculate Damages: We work with medical experts and financial analysts to determine the full extent of your damages, including current and future medical expenses, lost wages, and pain and suffering.
- Negotiate Aggressively: We handle all communications with insurance companies, protecting you from tactics designed to undervalue your claim and fighting for the maximum compensation you deserve.
- Represent You in Court: If a fair settlement isn’t possible, we are prepared to take your case to court to secure justice.
What Happens If You Run a Red Light and Cause an Accident?
If you are the driver who ran a red light and caused an accident, you will likely be deemed at fault. Your liability insurance will be responsible for covering the damages and injuries of the other parties involved, up to your policy limits. You will also likely receive a traffic citation for the red light violation, which could result in fines, points on your license, and increased insurance premiums. If injuries are severe, you could also face a personal injury lawsuit.
Involved in a Red Light Accident? Reach Out Today
If you’ve been injured because someone ran a red light in New York, the aftermath can be overwhelming, but you don’t have to navigate it alone. Our dedicated White Plains personal injury attorneys at Denlea & Carton LLP understand the complexities of these collisions and are committed to fighting for your rights. We offer a free consultation to discuss your case, aiming to secure the full compensation you deserve for your medical bills, lost wages, and pain and suffering. We have over 35 years of experience helping accident victims in Westchester County, NY, and are well-known for taking on serious personal injury cases against aggressive defendants.
Contact Denlea & Carton LLP today for a free consultation. We are dedicated to fighting for the rights of accident victims in White Plains and throughout New York.
