Who is Liable for a Car Accident at an Intersection?

Posted on: October 24, 2019

Often, individuals who find themselves involved in a car accident did not see it coming. One driver might be driving along only to get blindsided by an oncoming car. Another might lawfully proceed into an intersection only to be hit by someone who ignored the clearly posted stop sign. Yet, another motorist might cautiously enter an intersection and get hit by a driver who ran a red light, or someone approaching from behind might collide with a car patiently waiting for a pedestrian at the crosswalk in front of them. Confusion about who has the right of way at an intersection has also been known to cause accidents. In any case, the resulting collision is someone’s fault. If one of the drivers clearly disobeyed traffic laws, they may be found liable for the accident.

Document Fault on the Scene

Whenever you are the victim of a crash that was clearly not your fault, you should insist that the police report reflect that the other driver’s actions caused the accident. If there were witnesses nearby, make sure the responding officer records their statement to support your version of events. If the accident happened within the view of a security camera or other recording device, make sure to obtain a copy of the footage.

Fault Without Negligence

In most cases, one driver is clearly at-fault, but the situation may have been out of their control. A vehicle malfunction may have been the culprit. Negligence is a factor when a driver loses focus on the road to answer their phone, when someone decides to drive while intoxicated, or when a motorist carelessly ignores posted signs or traffic lights.

Right of Way

At an intersection, if four cars arrive at the same time, the driver on your right has the right of way. The driver on the left is obligated to yield to the other driver if there are no other signals or signs indicating otherwise, such as a traffic light or stop sign.

Multiple At-Fault Parties

There are cases when the actions of more than one driver contribute to a crash. When this happens, comparative liability comes into play. This means that your percentage of liability will effectively reduce any damages you can collect against the other driver. It is advised to obtain legal counsel to receive the compensation you deserve for your car accident claim.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Represent Victims Injured in Intersection Accidents

If you were injured in a car accident, the Monmouth County car accident lawyers at the Falcon Law Firm, LLC can help you recover damages. Contact us online or call us at 732-660-1200 to set up a free consultation. Located in Aberdeen, Oakhurst, and Parlin, New Jersey and Doylestown, Pennsylvania, we represent clients throughout Belmar, Deal, Ocean Township, Point Pleasant, West Long Branch, Sayreville, Middlesex County, Monmouth County, and Bucks County.