Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
Traffic Signal Requirements under Nebraska Law
Under Neb. Rev. Stat. § 60-6,119, traffic-control signals govern driver behavior at intersections. A driver facing a steady red signal must stop before the marked crosswalk or stop line and remain stopped until a green signal appears (Neb. Rev. Stat. § 60-6,119).
Negligence Per Se for Red Light Violations
Nebraska courts consider a violation of a traffic-control signal statute as negligence per se. Running a red light constitutes a breach of duty when it causes the type of harm the statute aims to prevent.
Elements of a Civil Claim
To hold the other driver liable, you must establish four elements:
- Duty: Every driver must obey traffic laws and operate a vehicle safely.
- Breach: A recorded or observed red light violation proves breach of that duty.
- Causation: You must show the violation directly caused the collision and your injuries.
- Damages: Provide evidence of your losses, including medical expenses, lost wages, and property damage.
Gathering Key Evidence
Strong evidence of liability often includes:
- Traffic camera or intersection CCTV footage showing the red light violation.
- A law enforcement crash report noting the signal infraction.
- Photographs of vehicle damage, skid marks, and the intersection layout.
- Eyewitness statements describing the other driver running the red light.
- A traffic citation issued to the at-fault driver.
- Accident reconstruction expert analysis confirming the sequence of events.
Proving Causation and Damages
Establish a direct link between the red light violation and your injuries. Keep detailed records:
- Medical reports, diagnoses, and treatment plans.
- Receipts for vehicle repairs or replacement costs.
- Documentation of lost income or reduced earning capacity.
Helpful Hints
- Request the official crash report from the local police department or Nebraska State Patrol promptly.
- Collect and preserve witness contact information at the scene.
- Take timestamped photos and videos of the intersection, signal lights, and vehicle positions before moving anything.
- Note weather, lighting, and traffic conditions affecting visibility.
- Preserve your vehicles pre-repair condition for documentation.
- Track all medical treatment, billing statements, and related expenses.
- Consult an attorney experienced in Nebraska traffic collisions early to protect your legal rights.