Disclaimer: This article does not provide legal advice.
Detailed Answer
Under Maryland law, a driver who passes a red light violates the state traffic-control statute (Md. Code Ann., Transp. §21-202). That violation constitutes negligence per se (Md. Code Ann., Cts. & Jud. Proc. §5-401). To prove another driver’s liability in a red-light crash, follow these steps:
1. Obtain the official crash report. The police report records the officer’s observations, citations issued, and statements from both drivers. It creates a foundational document for your claim.
2. Secure traffic-camera or signal-camera footage. Many intersections in Maryland use cameras to enforce red-light violations. Request copies of any recordings showing the light phase and the collision.
3. Collect witness statements. Eyewitnesses can confirm the light color and the other driver’s actions. Ask witnesses to give written or recorded statements.
4. Consult an accident reconstruction engineer. An engineer can recreate the crash dynamics to show timing, speed, and right-of-way issues.
5. Compile medical and repair records. Document your injuries and vehicle damage. These records establish the crash’s impact and the damages you seek.
Maryland follows contributory negligence, so any fault by you—however minimal—can bar recovery (Md. Code Ann., Cts. & Jud. Proc. §3-2A). Act swiftly: Maryland limits personal injury claims to three years from the crash date (Md. Code Ann., Cts. & Jud. Proc. §5-101).
Helpful Hints
- Photograph the scene before moving vehicles or debris.
- Note the exact time of the collision and signal phase.
- Exchange information with all involved drivers and witnesses.
- Preserve any digital evidence, such as dashcam or smartphone videos.
- Keep detailed records of medical visits and repair invoices.