If you have been a crash because you thought you had a green light, and the other driver also argues he had a green light, you might be left wondering who is at fault. Basically, this becomes a he said-she said argument.
Determining who had a green light and who did not have the green light can be challenging and even sometimes, impossible to prove. There may even be a chance you both did have a green light because the traffic light malfunctioned. An investigation will be conducted to determine what went wrong and who did have a green light.
Determining Who Had the Green Light
There are a few ways to determine who had the green light. Of course, both drivers will give statements. Any passengers will be asked to state whether the light was green as well. Also, any eyewitnesses will be questioned about what they saw. These statements might help determine who was at fault for the crash, who had a green light, and if the traffic light malfunctioned and that caused the crash.
The accident report completed by law enforcement might indicate who was at fault or will include statements regarding the findings of the initial investigation. Your personal injury attorney might conduct a detailed investigation of his or her own to help with your personal injury claim.
Exposing the Driver Who Was At Fault
Your personal injury attorney will aggressively pursue your claim. After all, if the other driver did not have a green light and is alleging that he or she did, they are being dishonest, failing to accept responsibility and attacking your credibility all at once.
You need to make sure your interests are protected in such situations. The insurance adjuster from the driver’s insurance company will ask you for a recorded statement. They will tell you this is going to help them determine who is liable for damages.
You should not consent to a recorded statement. Instead, consult with a personal injury lawyer about your green light accident and let your lawyer determine how for you to proceed with your claim. Allowing a recorded statement could be damaging to your personal injury claim later.
What Happens If Both Drivers Are at Fault in an Accident?
Not all car accidents are clear cut, when it can be proven that only one of the drivers involved is at fault. Many car accidents involve some amount of fault by both drivers.
A common scenario for this sort of situation is at an intersection if a traffic light has malfunctioned. When lights are not working, or flashing uncontrollably or unpredictably, the correct response by drivers at the intersection is to follow the state road rules for an uncontrolled intersection.
Unfortunately, this doesn’t always happen and accidents can be caused when drivers are unsure about who has the right of way and proceed without due caution. Drivers may then be unsure what happens if both drivers are at fault in the accident.
In the event of a car accident at an intersection where lights are not working properly, the percentage of fault assigned to each driver will be calculated by the drivers’ insurers. Drivers may hire an attorney to help them prove how much they were not at fault, but ultimately the amount of damages that can be awarded will be determined by the evidence presented to the insurers.
Each state has its own rules about shared fault scenarios. In some states, a person who is more than 50% at fault will not be able to obtain any compensation at all. In a very few states any amount of fault at all will invalidate a claim for compensation.
In other states, the amount of compensation awarded is calculated according to the determined percentage of fault, so each driver may actually obtain some compensation. In these states, unless there is a 50/50 determination, one driver will inevitably obtain more than the other.
Using the Evidence to Support Your Green Light Accident Claim
If you have been involved in a green light accident, your attorney will check to see if a camera was in operation at the light. If so, the camera will be able to determine who was at fault. The camera will show which light was green and which driver had the legal right-of-way. This can be beneficial in determining fault.
There other ways to determine fault. The findings during the accident scene investigation, which will be conducted by police, as well as the statements made by any witnesses can all help find who was really at fault for the accident.
Consult With a Personal Injury Lawyer
If you are wondering who is at fault because both drivers thought they had a green light, consult with a personal injury attorney today! A lawyer will be able to compile the proper evidence to support your claim and help prove who is at fault. Fill out the Free Case Evaluation to be connected with a lawyer to begin your claim!
