Who Is at Fault in a Car Accident in an Intersection?
Intersections are one of the most common places for car accidents to occur. Determining who is at fault in an intersection car accident is vital in ensuring the victims are compensated for their damages and injuries.
Generally, the driver who fails to obey traffic signals or collides with another vehicle while entering or exiting an intersection will be at fault.
If you have been injured in a car accident at an intersection, consult the personal injury attorneys at Rosenfeld Injury Lawyers, LLC for advice on your next steps.
Contact car accident lawyers toll-free today at (888) 424-5757 for a free case evaluation for your legal options.
When two cars collide in an intersection, it can be challenging to determine who is at fault. Both drivers may share the blame, or one party may be more responsible than the other. It is crucial to understand the circumstances of the collision in making a determination.
A Car Accident in an Intersection
When you're driving in an intersection, it's essential to be aware of the potential for car collisions.
One of the most common crossway accidents is when a driver fails to yield to approaching traffic. It can happen when a driver is turning left and doesn't see an oncoming car or when a driver is entering a crossway.
The driver who arrives at the intersection first has the right-of-way. However, there are a few exceptions to this rule. For example, if a driver makes a left turn, they must yield the right-of-way to approaching traffic.
Car accidents are one of the leading causes of death and injury in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were 2.35 million car collisions in the U.S. in 2018, resulting in about 42,000 fatalities and nearly 2.9 million injuries.
Car accidents can happen for various reasons, from driver error to inclement weather conditions.
Intersection accidents are some of the most common and dangerous car collisions. They often happen when one party fails to yield the right of way to another driver or when a driver runs a red light or stop sign.
Intersection collisions can result in serious injuries such as broken bones, head injuries, or death.
Oncoming Traffic at an Intersection
It is essential to be aware of oncoming traffic when approaching an intersection. If you are driving a car, you should always use caution when turning onto a road with approaching traffic.
Sharing the road with trucks requires extra caution, as commercial vehicles need more time and space to make turns.
Intersection Accident Statistics
Since intersections are some of the most dangerous places on the road, it's essential to be aware of intersection accidents statistics.
According to the National Highway Traffic Safety Administration (NHTSA), intersection-related accidents made up 22 percent of traffic fatalities in 2018.
Of those killed in intersection-related accidents, 70 percent were in vehicles hit in the side or rear.
How Intersection Accidents Happen
Intersection accidents happen for a variety of reasons. The most common causes are driver error, distracted driving, and speeding.
Accidents can happen when drivers fail to yield to pedestrians or other cars.
Finally, speeding is often a factor in these common accidents. All it takes is for a driver to lose control of their car for a tragic collision to occur.
Intersection Accident Injuries
Most intersection accidents result from one party failing to yield the right-of-way, which can often be serious, especially when one vehicle is traveling much faster than the others.
Vehicle injuries are a leading cause of death and disability in the United States.
Injuries that can result from common intersection accidents include:
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage
- Broken bones
Determining Fault in an Intersection Collision
Determining fault in a car accident that occurs in an intersection can be challenging. In some cases, it may be clear who is at fault, and it may not be so clear in other cases.
A few key factors can help determine who is liable in a crossway collision. The most crucial factor is who has the right of way.
Another critical factor is who caused the accident. For example, if one driver ran a red light, they would be at fault. If both drivers ran a red light, they would be liable for the accident.
In some cases, a government entity like the local police, highway patrol, or sheriff’s office may help investigate the accident and determine who is at fault.
Making Turns at Crossroads
A driver making a left turn at a junction is almost always at fault for any resulting accident.
In most cases, the turning vehicle is at fault. But there are some exceptions. If the turning car had a green light and the other car ran a red light, then the turning car would not be to blame.
Police Determining Who Is to Blame
A police officer is often called to the scene of an accident to investigate who is at fault. The police will look at the accident investigation results to determine who is at fault.
Read End Accident Scenarios
A few different scenarios could play out in rear-end accidents in intersections.
The driver who rear-ended the other car may be at fault in some cases. However, there are also cases where the rear-ended party may be blamed.
If both drivers came to a complete stop at the crossroad before proceeding, and one driver then rear-ended the other, the party who rear-ended the other would be to blame.
Negligence Resulting in Intersection Collisions
Negligence can take many different forms in car accidents, from speeding to distracted driving. Usually, negligence is the cause of intersection collisions when there is a failure to obey traffic laws.
Should you be involved in a crossway collision, it is crucial to speak with a lawyer. A Chicago personal injury attorney can help you understand who is to blame and your legal options.
Traffic Control Devices
A traffic control device, such as a traffic light, stop sign, or yield sign, is used to control traffic. Drivers are required to follow the traffic control device's instructions.
The red light indicates that vehicles must stop. Running a red light is against the law in every state. It is important to remember that a stop sign keeps drivers and pedestrians safe.
The yellow light indicates that vehicles should slow down and prepare to stop. The green light means that vehicles may proceed.
Traffic lights are usually installed at intersections, but they may also be installed at other locations, such as at the entrance to a school zone.
Road Safety Measures at Intersections
A driver must yield to traffic already in the intersection before proceeding. The safe distance to keep between your car and the car in front of you when driving in a crossway is determined by the speed of both vehicles.
The stop signs are designed to enforce the right of way at a crossroad. At a T intersection, the driver approaching the stop sign must yield to any traffic that has the right of way.
Traffic laws are put in place to help ensure the safety of all motorists. There is a greater risk for accidents where traffic lights are not obeyed.
A right turn on a red light is only allowed if no sign prohibits it. You should also use your right turn signal to let other drivers know your intention.
Intersections are an essential part of traffic flow, as they allow two drivers to cross paths. However, intersections can be dangerous if both drivers are not paying attention.
A traffic light, also known as a stoplight, is a signaling device used to control the movement of vehicular traffic.
Filing an Intersection Collision Lawsuit
Have you been involved in an intersection collision? If so, the first step is to determine who is to blame.
You will need to look at the facts of your case and determine who had the right of way and who caused the accident.
Once you have determined who is at fault, you will need to decide whether to take legal action. If the other driver was clearly to blame, you might want to consider filing a lawsuit. If both drivers were at fault, winning your case may be more difficult.
Resolving a lawsuit requires you to prove that the other party was to blame by gathering evidence, such as witness statements, photos of the accident scene, and the police report.
An experienced lawyer can help you gather additional evidence and build a strong case. Contact a Chicago car accident lawyer today to file a lawsuit after a crossway collision.
Average Settlement in Intersection Accidents
The average settlement in a crossway collision can vary depending on the circumstances.
The accident was caused by a driver who ran a red light or a stop sign. For example, the settlement is likely higher than if the accident was due to driver negligence, such as failing to yield.
Other factors can affect the settlement amount, such as the severity of the personal injuries sustained and whether or not there was property damage.
The best way to get an accurate estimate of how much your settlement might be is to speak with a Chicago personal injury law firm that can review the facts of your case and give you a better idea of what to expect.
Legal Options for the Family Members Following the Death of a Loved One in an Intersection Collision
When a loved one dies in a crossway collision, families are often left with many questions about what to do next.
One option is to file a wrongful death lawsuit against the party who caused the accident to help families recover damages for their loss, including:
- Funeral costs
- Medical bills
- Lost earnings
- Pain and suffering
Another option is to file a claim with the driver's insurance company which is a more efficient way to recover damages, as it does not require the family to go through the court system.
However, it is essential to note that insurance companies may not pay out full compensation. Therefore, it is vital to consult with a Chicago law firm to ensure that you receive a full and fair financial recovery.
Finally, families may wish to file a claim with their own insurance company in cases where the other driver does not have insurance or cannot pay damages.
Hiring a Chicago Car Accident Lawyer to Resolve an Intersection Accident Claim
Intersection collisions can be complex. Were you injured in an accident at a crossway? It’s essential to speak with a lawyer.
The Chicago intersection collision attorneys at Rosenfeld Injury Lawyers LLC have years of experience resolving crossway collision claims and are here to help you get the maximum compensation you deserve.
Call our law offices today toll-free at (888) 424-5757 for a free consultation.
Our Chicago car accident lawyers operate on a contingency fee basis, so you don't have to pay us until we win your case.