Car accidents are chaotic and stressful, and being accused of running a red light only adds to the complexity. In Nevada, where traffic laws are strictly enforced, being involved in a collision because of a red light violation can have serious legal consequences. In this article, we will guide you through the essential steps to prove you didn’t run a red light in an accident and how to protect your rights in the aftermath of such an incident.
Why You Need Proof for a Red-Light Accident Claim:
When facing the aftermath of a car accident, particularly a red-light violation, the burden of proof often falls on you to demonstrate that you were not at fault. In Nevada, red light cameras are commonly used to capture evidence of traffic violations. However, these systems could be more foolproof and sometimes result in incorrect citations.
To successfully challenge a red-light violation claim, you must gather compelling evidence to prove your innocence. This evidence can include eyewitness accounts, traffic signal timings, and the condition of traffic lights. Acting promptly is crucial, as memories fade and the accident scene may change.
What Should I Do After an Accident Caused by Running a Red Light?
Ensure Safety First: After an accident happens you need to prioritize Safety. If possible, move your vehicle to a safe location and check for injuries. Call emergency services immediately if anyone is hurt.
Exchange Information: Exchange information with the other driver involved in the accident. Obtain their name, contact details, insurance information, and driver’s license number. Be sure to provide your information as well.
Call the Police: Report the accident to the police and wait for them to arrive. The responding officer will create a police report detailing the incident, which can be a crucial piece of evidence in proving your innocence.
Document the Scene: Take photographs of the accident scene, including the position of the vehicles, any damage sustained, and the traffic signals. These visuals can serve as valuable evidence later on.
Gather Witness Statements: If there are any witnesses to the accident, obtain their contact information and ask for statements regarding what they observed. Their unbiased accounts can be powerful evidence in your favor.
Gathering Evidence to Prove You Didn’t Run a Red Light:
Police Reports:
The police report is a crucial piece of evidence. The police officer who responds to the scene will interview all individuals involved and compile a report detailing the events that transpired. Ensure that it accurately reflects the details of the accident, and if there are inaccuracies, inform the police immediately.
Red Light Camera Footage:
If red light cameras were present at the intersection, obtain the footage as soon as possible. This visual evidence can either support your case or reveal inaccuracies in the initial accusation.
Traffic Laws and Right of Way
Understanding and presenting the relevant traffic laws is crucial in proving your innocence. If you had the right of way, it would strengthen your case. Witness testimony and other evidence supporting your adherence to traffic laws can be instrumental.
Traffic Signal Timings:
Consult the timing records of the traffic signals at the intersection where the accident occurred. Incorrect signal timings can contribute to a false accusation.
Accident Reconstruction Expert:
Hire an accident reconstruction expert if needed. These professionals can analyze the scene, vehicle damage, and other factors to provide an expert opinion on the sequence of events.
Witness Testimony:
Witness statements can be powerful evidence. Contact witnesses promptly, gather their statements, and ensure they will testify if needed.
What Damages Can I Recover in a Lawsuit?
If you find yourself wrongly accused of running a red light and pursuing legal action, you may wonder what damages you can recover. The damages can include:
Medical Bills: Coverage for your medical expenses resulting from the accident.
Lost Wages: Compensation for income lost due to injury or recovery time.
Vehicle Damage: Repair or replacement costs for your damaged vehicle.
Pain and Suffering: Compensation for physical and emotional distress caused by the accident.
Other Economic Damages: Reimbursement for out-of-pocket expenses related to the accident.
Comparative Negligence: In Nevada, damages may be reduced if you are found partially at fault. However, if you can prove fault that you weren’t at fault, you may recover full damages.
Navigating the Legal Process:
Consult with a Personal Injury Lawyer:
Consulting with a skilled personal injury lawyer is crucial if you’re facing legal consequences due to a red-light violation accusation. They can provide guidance on the specific laws in Nevada, assess the strength of your case, and represent you in negotiations or court proceedings.
Insurance Claim:
Notify your insurance company about the accident, and provide them with all the evidence you’ve gathered. Your insurance company will be crucial in advocating for you and negotiating with the other party’s insurer.
Proving Fault and Comparative Negligence:
Nevada follows the rule of comparative negligence, meaning that even if you are partially at fault, you may still recover damages. However, the amount you can recover will be reduced by your percentage of fault. Proving the other driver’s negligence is essential to maximizing your compensation.
Free Case Evaluation:
Many personal injury lawyers offer free case evaluations. Take advantage of this service to discuss the specifics of your case with a legal professional and determine the best course of action.
Get Help From a Seasoned Car Accident Attorney at BLG
Being accused of running a red light in a car accident is a serious matter with potential legal consequences. To protect your rights and prove your innocence, it’s crucial to gather comprehensive evidence, including police reports, witness statements, and, if available, red light camera footage. Consulting with a personal injury attorney can provide you with the legal expertise needed to navigate the complexities of the legal process.
Remember, the ability to recover compensation for damages depends on the strength of your evidence and the effectiveness of your legal representation. Following the steps outlined in this guide, you can build a robust case to demonstrate that you didn’t run a red light and, ultimately, protect your rights in the aftermath of a car crash.
If you’ve been wrongly accused of running a red light in an accident, don’t face the legal complexities alone. The experienced attorneys at BLG are here to guide you through the process and fight for your rights. Schedule your free case evaluation today to discuss your situation with a seasoned car accident attorney. Contact us now.