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Who is at Fault if Both Drivers Claim the Other Driver is at Fault for Running a Red Light?

On Behalf of | May 2, 2020 | Auto Accidents, Personal Injury |

Determining liability for a crash can be tough, especially when both drivers acted negligently. Call a NJ personal injury attorney directly for help with your case.

Intersection accidents can be tragic, leaving those involved with serious, life-long injuries in severe cases, and sometimes even resulting in fatal crashes. If there is any good news about intersection accidents, it is that they are almost always preventable. In fact, most intersection accidents only occur because one or both drivers act negligently.

If two opposing drivers deny fault, knowing who to hold liable can be tricky. Here is what you need to know about liability for a red-light intersection accident and how our law firm can help.

Red Light Accidents: Who is to Blame?

There are two types of red-light intersection accidents that are common — left-turn intersection accidents and right-turn intersection accidents.

The first occurs when a driver who is making a left-hand turn collides with another driver who is proceeding straight through the intersection. If both drivers are trying to beat the yellow light or both drivers run the red, who is to blame?

Before fault can be determined in an accident of this type, a thorough investigation must be conducted. In most cases, though, it is the duty of a left-turning driver to yield the right-of-way to the driver proceeding through the intersection and, as such, this driver may be held responsible.

The second type of accident occurs when a driver who is turning left or a driver who is proceeding straight through the intersection collides with a driver making a right-hand turn. Again, a thorough investigation must be conducted first, but the driver who has the duty to yield may be held responsible.

Shared Fault in a New Jersey Car Accident

It’s important to remember that liability for the crash may not fall squarely on the shoulders of a single driver; instead, fault may be shared. Per New Jersey’s modified comparative fault law, drivers can be held responsible for their share of damages proportional to their degree of fault. As such, if both drivers acted negligently or recklessly, both may be held liable.

Note, however, that New Jersey requires its driver to carry Personal Injury Protection (PIP) or “no-fault” coverage, which means that regardless of fault for the accident, each driver injured in a crash can file a claim with their own insurer for medical benefits and certain other claims.

Get Help from an Experienced New Jersey Car Accident Lawyer

If you have been in a red light intersection crash and have questions about how to file a claim, how much you are entitled to, who is at fault, or what to do if your claim has been denied or you have been offered less than you think you deserve, our experienced New Jersey car accident lawyer at the office of Lomurro Law can help. Reach out to us directly today by phone or online to schedule your free consultation.