Intersection Accidents: Common Causes and Legal Considerations
Key Takeaways
- About half of all traffic injuries happen at intersections.
- Common causes of intersection accidents include failing to yield the right of way, speeding, and distracted driving.
- When multiple drivers are at fault in an intersection accident, recovering compensation can depend on state comparative negligence law.
- What Are the Most Common Causes of Intersection Accidents?
- What Are the Most Common Types of Injuries in Intersection Accidents?
- Who Is Typically at Fault in an Intersection Collision?
- Are Multiple Drivers Liable for an Intersection Crash?
- What Should I Do if I Am Involved in an Accident in an Intersection?
- How Often Are Pedestrians and Cyclists Hit in an Intersection?
- How Can a Lawyer Help After an Intersection Car Accident?
Intersections connect our roadways and highways across the country. Drivers traveling in different directions come together at an intersection and must navigate crossing other vehicles’ paths. This can create problems with traffic that isn’t regulated or drivers that don’t follow the rules.
Intersections have high rates of accidents, including serious injury crashes. They can also complicate liability and insurance claims. If you get into an accident at an intersection, talk to an experienced car accident lawyer for legal advice.
What Are the Most Common Causes of Intersection Accidents?
When multiple vehicles come together at a crossroads, all motorists must follow certain rules to ensure everyone crosses safely. This includes left turns, crossing the intersection, and turning right. Unfortunately, driver error and other factors increase the risk of an accident at an intersection.
According to the National Highway Traffic Safety Administration (NHTSA), common causes of intersection accident cases include:
- Failing to yield the right of way
- Ignoring stop signs or traffic signals
- Driving over the speed limit
- Tailgating or following too close
- Distracted or talking on a cell phone
- Driving under the influence of alcohol
- Hazardous weather conditions
- Dangerous road conditions
What Are the Most Common Types of Injuries in Intersection Accidents?
According to the Federal Highway Administration, roughly one-quarter of traffic fatalities and about half of all traffic injuries happen at intersections. The types of injuries can depend on the types of collisions. For example, the injuries from a rear-end accident may be different from a side-impact or head-on collision. Common injuries can include:
- Cuts and abrasions
- Broken bones
- Neck and back injuries
- Traumatic brain injury (TBI)
- Facial injuries
Some of the most severe injuries involve high-speed car crashes, including T-bone accidents, head-on crashes, or rollover accidents. With a side-impact crash, the side of the vehicle does not provide as much protection as a collision with the front or rear.
Who Is Typically at Fault in an Intersection Collision?
Fault in a motor vehicle accident is generally based on negligence. Negligence is the legal term for someone who fails to drive like a reasonable person in a similar situation.
All drivers owe others on the road a duty of care. When a driver breaches the duty of care by violating traffic laws and causes an accident, that driver is at fault for any damage and injuries. You can show another driver is at fault by proving they broke a traffic law and caused an accident. This is negligence per se.
For example, another driver was speeding and didn’t have time to come to a stop at a red light before entering the intersection. The driver ran the stop light and hit another vehicle, causing an accident. The driver is at fault because they exceeded the speed limit and ran a traffic light.
Are Multiple Drivers Liable for an Intersection Crash?
More than one driver could be at fault in an intersection accident. For example, if one driver ran a red light and another driver was going the wrong way into oncoming traffic, both drivers could contribute to the crash.
When multiple drivers are at fault, recovering compensation can depend on state law. Most states use comparative negligence to evaluate fault and liability. For example, a jury may divide fault between the parties, adding up to 100%. This can reduce the amount of compensation you can receive in a personal injury claim.
For example, a driver crashed into you in an intersection, costing you $100,000 in damages. The jury decided you were 25% at fault, and the other driver was 75% at fault. You could only recover $75,000 in damages from the other driver.
Some states follow a stringent rule known as contributory negligence. This means if you were at all to blame, you could not recover anything in damages. Even if you were 1% at fault, you could not recover anything from the other driver.
What Should I Do if I Am Involved in an Accident in an Intersection?
Safety should be your top priority after a car accident in an intersection. Here are some things you should do after a car accident.
- Check for injuries to you or anyone else involved. If necessary, seek immediate medical attention.
- If all vehicles can still operate, you may be required to move out of traffic.
- Exchange contact information with the other drivers involved, including insurance information.
- Report the accident to law enforcement. If the police show up, they will take a police report.
- Take photos and video of the accident scene and damage to the vehicles
- Get contact information from any eyewitnesses
- Report the accident to your insurance company
- Contact a personal injury lawyer if you were injured in the accident
How Often Are Pedestrians and Cyclists Hit in an Intersection?
Some of the most severe intersection accidents involve pedestrians or cyclists. This often involves turning right on a red light or just before or after a signal change. Pedestrians entering an intersection when the driver doesn’t notice is the third most common cause of pedestrian accidents.
How Can a Lawyer Help After an Intersection Car Accident?
An intersection accident can leave you with severe injuries, expensive medical bills, and property damage. A car accident lawyer can help you file a lawsuit for financial compensation. An attorney can negotiate with the insurance company to get a settlement offer to cover your damages. If necessary, your car accident attorney can take your case to court. Contact a local and experienced car accident lawyer to understand your legal rights after a car accident.
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