Intersections are common locations for accidents because they are points where traffic converges. With cars, pedestrians, and cyclists all sharing the same space, it’s easy for someone to make a quick misjudgment, which can lead to serious accidents. Intersection accidents can also become complex, especially if there is a dispute about liability (legal fault) or if the car accident involves multiple parties, severe injuries, or conflicting witness accounts.
It’s essential to understand why intersection accidents happen, what steps to take afterward, and how an attorney can support you during this challenging time. Knowing these aspects can make a big difference in navigating the aftermath and ensuring you receive the help you need.
Common Causes Of Intersection Accidents
As intersection accidents are one of the most common types of collisions on roadways, there is a wide range of causes for such car accidents. A majority of intersection accidents are a result of negligence. For example, running a red light, not stopping at a stop sign, or overspeeding can significantly increase the risk of suffering an accident. The most catastrophic injuries in intersection accidents happen in high-speed collisions. The force of the impact can cause severe damage to the vehicle and its occupants. Not yielding to oncoming traffic or violation of stop signs can also lead to intersection accidents. The worst damages are often in head-on collisions or rollover accidents; however, serious injuries can happen in any type of accident.
Most drivers think they can multitask while driving or that a few seconds of distraction isn’t dangerous. However, in reality, even slight driver distraction can be enough to cause a car accident. Typical forms of distraction include texting, making phone calls, eating, or trying to use in-car entertainment systems.
While most intersection accidents are caused by human error, there are other causes. Weather conditions can play a role. Poor visibility or slippery road conditions can increase the risk of intersection accidents. If a driver fails to control their vehicle or cannot see traffic signals clearly, they may be more likely to suffer a collision. Other causes of intersection accidents include issues with the car, poor road design, and inadequate signage.
Understanding Fault In Intersection Accidents
Who is at fault in intersection accidents? The answer to this question is a key component of any injury claim or lawsuit that involves such a car accident. The party or parties that are at fault would be liable for damages suffered by others. We know that fault can be attributed to various factors, but how is liability established? Establishing liability involves a careful examination of the circumstances surrounding the car accident, including the driver’s actions and the conditions at the intersection.
Right-of-way rules, often based on the type of intersection, are a key component of determining fault in intersection collisions. For example, drivers must follow rules for traffic lights, such as not proceeding through the intersection when the traffic light is red. The driver who violates this rule is at fault for the car accident.
Another common type of intersection accident is often referred to as a” Left turn case.” That occurs when the victim’s vehicle is traveling straight through an intersection, and a car in oncoming traffic negotiates a left turn in front of the oncoming vehicle, cutting off the victim’s car and resulting in the collision. In that case, the central issue often focuses on which of the two vehicles had the right of way. Prevailing in that issue requires skill, experience, and technical know-how. Usually, an accident reconstruction analysis is needed. At The Law Offices of Rosenstock and Azran, we are well-versed in taking on that challenge and are prepared to handle all scenarios In that context.
Similarly, all drivers must bring their vehicles to a complete stop at a stop sign and yield to the car that has already stopped. The driver who doesn’t stop or yield is at fault for the intersection collision. Several other traffic laws, including those that apply to turning vehicles, must also be followed. Those who violate these rules and regulations are considered at fault for the accident.
To prove fault, you need to use evidence. For intersection collisions, eyewitness statements or testimony can be crucial. As intersections often have a complex flow of traffic, eyewitnesses can provide essential details that may not be evidence in other types of evidence. The eyewitnesses can shed light on whether any of the drivers were distracted or did not follow right-of-way laws.
Another key piece of evidence in such cases is surveillance footage; however, this might not be available in all locations. If there are any nearby surveillance cameras, you can check if they captured the accident. The movement of the vehicles can help you establish liability in intersection accidents.
Legal Consequences And Remedies
Intersection accidents carry significant legal consequences, depending on several factors. Drivers who do not obey traffic laws face citations and fines. This amount of penalties can vary depending on the nature of the violation, state laws, and other factors.
Victims of such accidents may also file a civil liability claim to seek compensation for their losses, such as lost wages, medical bills, and vehicle damage. They can also file for non-economic damages, which may be more challenging to prove in a claim or lawsuit. These damages include pain and suffering, such as emotional trauma and mental distress, as a direct result of the intersection accident.
In more serious intersection collisions, the at-fault party or parties could also face criminal charges. Such cases often involve hit-and-run accidents, reckless driving, or driving under the influence, where the driver’s actions are more than mere negligence. The criminal charge goes beyond civil liability and can be produced by the state, as it could deem the driver’s actions a threat to public safety.
If convicted, the guilty party could be penalized with jail time, hefty fines, and the suspension or revocation of the driver’s license. Most states have strict laws against hit-and-run and driving under the influence, and those convicted of these charges often face mandatory sentencing guidelines.
Victims of intersection accidents can recover their damages through different legal routes from the other driver. The most commonly used route is to file a claim with an insurance company. However, if that doesn’t lead to a fair settlement, victims have the option to pursue a lawsuit in court. For specific guidance on your case, we encourage you to consult with our experienced auto accident attorney.
Steps To Take After An Intersection Accident
If you have suffered an intersection accident, your priority should be your safety and the safety of others involved in the accident. Call 911 to report the accident. Share details about the accident, such as location and number of vehicles involved. While emergency help arrives, you should move to a safe spot. However, if you are badly injured and are unable to move, you should stay in the same position until help arrives.
Victims of intersection accidents often make the mistake of not taking their injuries seriously. Not only can this be an issue for your health and safety, but it may also jeopardize your case in recovering maximum compensation. The treatment you get after the injury helps establish a record of the injury. This means that even if you have suffered minor injuries, you should still get a check-up.
Another key step to take is to document the scene of the accident. Take photos of the vehicles, injuries, road conditions, and anything else that is relevant to your case. Check if there are any eyewitnesses to the accident and if they are willing to provide a statement or testify. Also, check if there aren’t surveillance cameras that could have caught the accident.
Once the law enforcement officials arrive, you should cooperate with them to help them understand how the accident happened. They will make a police report, which could serve as crucial evidence for your injury claim or lawsuit.
Contact your auto insurance provider to notify them about the accident. You want to share the required information but don’t admit fault or share any unnecessary information. Whether it is gathering evidence or communicating with the insurance company, you can benefit from having an experienced personal injury lawyer on your side. With proper legal guidance and representation, you can ensure your rights are protected and you don’t make mistakes that can jeopardize your case. Get an attorney involved as early in the process as possible.
How The Law Offices Of Rosenstock And Azran Can Help
With multiple vehicles and complex traffic laws at play at intersections, understanding your rights and legal options after an accident can be daunting. At The Law Offices Of Rosenstock And Azran, we focus exclusively on personal injury cases, including intersection accidents. Our car accident law firm offers you legal guidance and representation through each step of the way. From investigating the case and gathering evidence to insurance negotiations and litigation support, we provide a complete range of legal services at The Law Offices Of Rosenstock And Azran. Our team includes both a motorcycle accident attorney and a truck accident lawyer to meet your specific needs. If you or a loved one has been involved in an intersection accident, don’t hesitate to reach out. To schedule a free consultation with one of our attorneys, please call us.