If you were driving down the road with right-of-way and someone runs a red light and hits you, you can hold them liable for the damages that you suffered because of the crash. When you can show that a driver was negligent, then you can recover compensation for your losses.
Here are some things to do to preserve your rights after being hit by a car that ran a red light. A personal injury lawyer will help you through the claims process and will show that the other driver was at fault for the crash that resulted.
Proving Negligence After Some Ran A Red Light
If you were driving down the road, obeying the traffic laws, and you were hit by someone who ran a red light and hit you, here are the four elements of negligence and how you can prove that the other driver was responsible for your damages.
- Duty – You must show that the other driver owed you a duty. That is obvious. All drivers owe others a duty or a responsibility to adhere to traffic laws and avoid a crash to protect them from harm. When a driver ran a red light, he broke the traffic laws.
- Breach of Duty – When a driver breaches that duty, the second element of negligence has been met. In this case, that second element was met when the driver ran the red light. If the driver hadn’t run the red light, the crash wouldn’t have resulted.
- Causation – The third element is showing that the breach of duty caused the crash. If the driver hadn’t run the red light, then he wouldn’t have crashed into you and caused your damages.
- Damages – You will need to show proof of your damages. This means provide receipts for towing, rental car receipts, damage repair estimates, medical bills, proof of missed work and lost wages, and medical records. Consider any future losses that will result from this accident. Think about future medical bills and any future lost wages.
If your personal injury attorney can prove that the other driver was negligent, then you can have a successful personal injury claim.
Seek the Counsel of a Personal Injury Lawyer
If you suffered injuries because someone ran a red light and hit your car, you should consult with a personal injury attorney who is licensed in your state. A personal injury lawyer can help you recover compensation for your damages.
You will not have any out-of-pocket expenses because accident injury lawyers work on a contingency basis. Your attorney will not get paid for your case until you are compensated through a settlement or judgment for your personal injury claim.
There is a strict statute of limitations, which means that if you wait too long you will not be able to recover compensation for your damages. Don’t delay pursuing a claim after you have been hit by someone who has ran a red light.