How to prove fault in an intersection crash?

by Scott
(Kentucky)

I had a stop light at an intersection. I was coming out of a parking lot and making a left turn. My light turned green and I proceeded to drive across the intersection when a car going straight collided and T-boned me. They claimed that they had the green light and I ran a red light.

There were no witnesses and the security camera only shows the collision occurring, but doesn’t show the status of the traffic light at the time of the collision. It does show traffic moving about 7 – 9 seconds north and south after the collision.

Is there any way that I can prove I had the green light and the other driver is at fault?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How to prove fault in an intersection crash?":

Without witnesses you cannot prove who had the right of way. However, in this situation, you can expect to argue and get a 50% liability split and therefore, recoup half your expenses and/or the value of your pain and suffering.

Some insurance companies will side with their insured and their position will be that you ran the red light. If that happens, you will have to bring a lawsuit.

If you are just looking for expenses you may be able to bring this through the small claims court - check the jurisdiction monetary limits. If you are looking to recover for pain and suffering, I recommend you contact an attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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