Detailed Answer
In Tennessee, to prove another driver’s liability for running a red light and causing a collision, you must show four key elements: duty, breach, causation, and damages. A red-light violation also qualifies as negligence per se. Here’s how it works:
1. Duty and Breach (Negligence Per Se)
Under Tenn. Code Ann. § 55-8-107 (traffic signal indications), every driver must obey traffic-control signals. Violating a red light automatically breaches this duty. Tennessee courts treat a statutory violation as negligence per se when the injured party belongs to the class the statute protects and suffers harm the statute aims to prevent.
2. Causation
Once breach is established, you must link that breach directly to your injury. Show that the other driver’s failure to stop at the red light caused the collision. Evidence can include:
- Police accident report citing the red-light violation
- Traffic camera or intersection video recording
- Eyewitness statements or dash-cam footage
3. Damages
Document all losses resulting from the crash. Common categories include:
- Medical bills and records
- Vehicle repair estimates
- Lost wages and diminished earning capacity
- Pain and suffering
4. Gathering Evidence
Compile a strong evidentiary record. Consider hiring a reconstruction expert to analyze skid marks and vehicle damage. Preserve all digital evidence promptly—dash-cam video can be overwritten.
5. Tennessee Statute of Limitations
Under Tenn. Code Ann. § 28-3-104, personal injury claims must be filed within one year of the accident date. Missing this deadline almost always bars recovery.
Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified Tennessee attorney to discuss the specifics of your case.
Helpful Hints
- Call law enforcement to the scene for an official report.
- Take clear photos of vehicle positions, traffic signals, and skid marks.
- Collect contact information from witnesses immediately.
- Seek medical attention—even for minor injuries—to document harm.
- Notify your insurance company promptly but avoid admitting fault.
- Keep a detailed log of expenses and lost time.
- Consult a Tennessee attorney early to protect your rights.