An intersection crash can leave you feeling shaken, confused, and unsure of what to do next. It can also result in questions about liability. One of the first questions that often arises is, “Who is at fault in an intersection accident?” The question of which driver was at fault can depend on factors like traffic signals, right-of-way rules, or whether a driver was distracted or speeding.
When emotions are running high and injuries are involved, determining fault can become even more complicated.
Intersection car accidents are notorious for leading to disputes, as both sides may have conflicting stories about what happened. In many cases, both drivers believe they have the right of way, and it takes a thorough investigation to piece together the truth.
Unfortunately, while you’re still trying to process what happened, insurance companies may already be trying to shift blame and minimize your claim. Without strong evidence and a clear understanding of your rights, it can be an uphill battle to recover the compensation you deserve.
At David R. Price, Jr., P.A., we’ve helped countless clients navigate the complexities of intersection crashes. From determining fault to gathering evidence, we understand what it takes to build a strong case and stand up to insurance companies. We know the stress you’re under, and we’re here to provide not just legal guidance, but also the reassurance that someone is fighting for your best interests.
Common Causes of Intersection Collisions
With so much activity at an intersection, even a small mistake can lead to a serious crash. Here are some of the most common causes of intersection collisions:
- Speeding or Aggressive Driving: Drivers who approach intersections at high speeds may not have adequate time to react to traffic signal changes or the actions of other drivers. This can result in an inability to stop in time or make necessary judgment calls during turns.
- Failure to Yield the Right-of-Way: Whether it’s a driver not yielding to oncoming traffic while making a left turn, or failing to observe the rules at a four-way stop, misjudging or disregarding who has the right-of-way can lead to serious accidents.
- Distracted Driving: Texting, using a smartphone, adjusting the radio, or other distractions can prevent a driver from noticing other vehicles, pedestrians, or the traffic signals themselves, leading to collisions.
- Running Red Lights or Stop Signs: One of the leading causes of intersection car accidents is when a driver ignores traffic signals or signs. Whether it’s driver impatience, distraction, or reckless behavior, running a red light or stop sign can lead to devastating side-impact or T-bone collisions.
- Impaired Driving: Alcohol, drugs, or even fatigue can impair judgment and reaction times, making it harder for drivers to safely navigate intersections.
Determining Who Is at Fault in an Intersection Accident
Figuring out who is at fault in an intersection accident can feel like piecing together a puzzle.
These crashes often happen in an instant, with drivers having only seconds to react.
Determining liability requires understanding not just the traffic laws but also the specific circumstances surrounding the collision.
Typically, fault is assessed by looking at whether any of the drivers engaged in clear violations of traffic laws. For instance, if one driver ran a red light or failed to stop at a stop sign, this action would likely be deemed negligent and thus, the driver who failed to stop would be responsible for the accident.
However, determining fault can be complicated when both parties claim to have had the right of way or when the accident happens at an intersection without clear traffic signals. In such cases, objective evidence about what happened becomes invaluable. Some examples of evidence that may be available include:
- Dashcam footage
- Traffic camera recordings
- Eyewitness statements
These pieces of evidence can provide objective insights into the seconds leading up to the crash, showing the positions, movements, and actions of the vehicles involved.
At times, both drivers might share responsibility for the accident. This can occur if both drivers committed infractions, such as one speeding and the other running a stop sign. In such scenarios, the South Carolina modified comparative negligence laws come into play, where the fault is divided between the parties based on their respective contributions to the accident.
Role of Evidence in Proving Fault
Proving fault after an intersection collision often hinges on presenting compelling evidence. One of the most definitive pieces of evidence is the police report. Officers at the scene collect firsthand observations and testimonies, and their reports can provide an authoritative perspective on the events leading up to the crash.
Traffic camera footage also plays a pivotal role, offering unbiased, real-time records of the accident. This type of evidence is particularly valuable because it can clearly show actions like running a red light or making an illegal turn. Unfortunately, many traffic cameras do not store the video feed, making it difficult to recover this footage.
Eyewitness accounts complement these forms of evidence by adding human observations and experiences to the mix. People who saw the accident can help confirm details or offer new information that cameras or initial reports might have missed. Similarly, photographs taken immediately after the accident from multiple angles can document crucial details about vehicle positions, road conditions, and traffic signals.
In more complex cases, expert testimony from accident reconstruction specialists may be necessary. These professionals analyze factors like vehicle speed, angles of impact, and road conditions to piece together what likely occurred. Their findings often provide clarity in cases where the fault is disputed or when multiple drivers may share responsibility.
Steps to Take After an Intersection Collision
After an intersection crash, your safety and legal rights should be your top priorities. Follow these steps:
- Check for Injuries: Seek medical attention immediately, even if injuries seem minor.
- Call the Police: File a report to document the incident.
- Gather Evidence: Take photos, exchange information, and collect witness contact details.
- Notify Your Insurance Company: Report the accident but avoid making detailed statements without legal advice.
- Contact an Experienced Lawyer: Protect your rights by consulting an experienced car accident attorney.
How a Greenville Car Accident Lawyer Can Help
At David R. Price, Jr., P.A., we understand how hard it can be to handle all of this on your own. We’re here to guide you through the process and fight for your rights. Here’s how we can help:
- Investigate Your Accident: We’ll dig into the details of what happened, gathering evidence like police reports, photos, and witness statements.
- Prove Fault: If there’s a dispute about who caused the crash, we’ll build a strong case to show what happened and who is responsible.
- Handle the Insurance Companies: Insurance adjusters often try to pay you less than what you deserve. We take over all communication with them, so you don’t have to stress about saying the wrong thing or being pressured into a low offer.
- Fight for Fair Compensation: Whether it’s covering medical bills, lost wages, or the pain and suffering you’ve endured, we work to get you the compensation you need to move forward.
Contact Our Car Accident Lawyers Today
If you have been injured in an intersection collision, our car accident lawyers at David R. Price, Jr., P.A. are here to help. We have the experience and resources needed to fight for your rights and secure the compensation you deserve.
Contact us at 864-271-2636 for a free consultation. Let us help you get back on the road to recovery after an intersection car accident.