Running a red light is one of the most reckless and dangerous things a driver can attempt and can have devastating consequences, especially in the busy streets of NYC, where there is no shortage of vehicle and pedestrian traffic. In this post, the team at Gabriel Law will take the role of your car accident lawyer NYC and explain everything you need to know about the law, your rights, and how to pursue the compensation you deserve.
What are the common causes of red-light runner accidents?
At the end of the day, red-light runner crashes in NYC are often the result of driver negligence, and this negligence can take many forms. They include:
- Distracted driving
- Driving under the influence
- Road rage
- Speeding (trying to beat the yellow light)
- Fatigue
Who is liable in a red-light runner accident?
In most red-light runner accidents, the offending party is the driver that is trying to run the red light. This conduct goes very much against the general duty of care placed on drivers to drive in a manner that guarantees the safety of pedestrians and fellow drivers, and by running the red light, they are in negligent breach of their duty.
That being said, this does not mean that the red-light runner is responsible. There can be cases where both parties involved in the accident share some degree of blame for the accident. For example, if a collision involved two vehicles, one running the red light and the other engaged in distracted driving, both parties will be held responsible to some degree. At the same time, if a pedestrian was involved in the accident while jaywalking, they too share some part of the blame for the accident. The blame can be divided among the parties involved thanks to the presence of New York’s pure comparative negligence rule.
How is compensation awarded in red-light runner accidents?
Since New York is a no-fault state, the parties involved in the accident can claim compensation for the injuries they’ve sustained. This means that a person injured in the accident can claim for their medical expenses, around 80% of their lost wages, and other reasonable and necessary expenses.
However, due to the existence of the pure comparative negligence rule, any compensation the driver responsible for the red-light runner accident can claim will be reduced to reflect the extent of his blame in the accident. For instance, consider the situation we mentioned above involving the two vehicles. If the red-light runner is claiming $50,000 in damages and an accident report finds him 75% responsible for the accident, any compensation he claims will be reduced by 75%. In this scenario, he will only walk away with $12,500.
Can you file a lawsuit for a red-light runner accident?
Yes, it is possible for you to file a lawsuit for a red-light runner accident. If you are filing a personal injury lawsuit, once you’ve established the driver’s negligence, you also need to show that the injuries you suffered are considered a “serious injury” under New York law or that the economic damages you’ve suffered exceed $50,000. Under the statute of limitations, you will have three years from the date of the accident to file your suit.
Alternatively, if the accident resulted in a death, a wrongful death lawsuit can be filed against the defendant. This lawsuit must be filed by the personal representative of the deceased’s estate, and the statute of limitations allows the representative two years from the deceased’s date of death to file the lawsuit.
Conclusion
Being injured by a red-light runner can be a harrowing ordeal, and claiming compensation for your injuries after the fact comes with its own set of challenges. That is why you need the legal guidance and expertise only a New York City auto accident attorney has to offer. If you’re on the lookout for such an attorney, then Gabriel Law is the place to call. We provide a wide range of legal services and are prepared to face any legal challenge in the fight to secure the compensation you deserve.
