If you were injured in a car accident at an intersection, you may be able to file a claim if you were not to blame for the car crash.
You should be able to claim for the cost of medical treatment, loss of wages while you are unable to work, repair of your vehicle and non-economic damages calculated based on the pain and suffering caused to you due to a car accident at an intersection that was not your fault.
Causes of Car Accidents at an Intersection
There are many possible causes of car crashes at an intersection including:
- a driver failing to yield at a red light;
- a driver failing to slow down when approaching yellow lights;
- a driver using a cell phone while driving;
- a driver exceeding the speed limit when approaching the intersection;
- a driver losing control because of being under the influence of drugs or alcohol;
- a driver deliberately driving in an aggressive or threatening way.
Laws That Impact Accidents at an Intersection
There are three types of laws that have to do with negligence to consider in a crash at an intersection. These are pure contributory, pure comparative and modified comparative.
Not all states have the same laws. In pure contributory negligence states an insurance company will only reimburse a driver if they can prove they are completely blameless for the car accident.
If the other driver has any evidence that proves the injured driver even played a small role in the car crash, no insurance payout is likely.
Only 4 states and the District of Columbia still have this type of negligence law in place, for example if a driver rear-ends your car, and the cost of repairs is $1,000.
Usually, it's simple to assign fault to the person who rear-ended the car. But if that driver has any proof that you were trying to beat a yellow light and then stopped suddenly then you could be partially at fault so you won't get paid for any damage.
If the state follows pure comparative negligence laws a driver's payout will be calculated based on a certain percentage of fault.
States that follow Modified comparative negligence laws consider the proportion of a driver's fault, but it sets a threshold, normally 50% or 51% depending on the state. More than 30 states follow the modified pure comparative negligence model.
What Should I Do After an Accident at an Intersection?
As soon as the accident has taken place you should do the following:
- call an ambulance, if required;
- get medical attention;
- gather evidence;
- request a copy of the police report;
- take photos of the accident scene including damage to your vehicle;
- write down names and addresses of witnesses.
Get Help With Your Claim
It is never easy winning a claim for compensation from an at fault driver as the insurer knows how to avoid making payouts.
If you work with an attorney, you may have a higher chance of being awarded the compensation for an accident and injury that was not your fault at a car crash at an intersection.
