Detailed Answer
When a driver fails to stop at a red light in Indiana, that action violates Indiana Code §9-21-8-28 (learn more). To prove liability, you must establish four elements:
- Duty: All drivers must obey traffic-control signals under Indiana law.
- Breach: The at-fault driver entered the intersection after the signal turned red.
- Causation: This breach directly caused the collision.
- Damages: You suffered physical injury or property damage.
Gather the following evidence to meet these elements:
- Crash Report: Obtain the police report detailing the officer’s findings and citations.
- Photographs & Video: Secure traffic-camera footage, surveillance video, and photos of the scene and vehicle damage.
- Witness Statements: Interview and record contact information for anyone who saw the violation.
- Expert Analysis: Hire a reconstruction specialist to map the collision sequence, if needed.
Indiana follows a pure comparative fault system under Indiana Code §34-51-2-5 (read statute). Even if you share some fault, you can still recover damages proportionate to the other driver’s negligence.
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Helpful Hints
- Request the formal crash report early to preserve accuracy.
- Collect witness contact details within days of the accident.
- File a public records request for traffic-camera video.
- Take clear photos of all vehicle damage and road conditions.
- Save all medical bills, repair estimates, and related expenses.
- Consider obtaining an independent collision reconstruction report.