Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Washington law, running a red light violates RCW 46.61.055. A driver who fails to stop at a steady red signal breaches the duty of care, giving rise to a negligence per se claim. To succeed, you must show (1) the driver violated the statute, (2) you belong to the class the statute protects, and (3) your harm matches what the statute aims to prevent.
Start with the official police collision report under RCW 46.52.500. This report often records right-of-way findings, diagrams, and witness statements. Request a copy from the law enforcement agency that responded to the crash.
Gather supporting evidence such as traffic or dashcam footage, photographs of the intersection, skid marks, and vehicle damage. Eyewitness testimony strengthens your position. Consider hiring an accident reconstruction expert to recreate the collision and confirm that the red light violation caused your injuries or property damage.
Document all damages, including medical records, bills, property repair estimates, and lost wages. Ensure your injuries or losses are the type of harm the statute seeks to prevent.
When you have assembled your evidence, present it during settlement negotiations or in a civil lawsuit. A lawyer can file a negligence per se claim citing RCW 46.61.055 and related Washington case law to establish the other driver’s liability.
Helpful Hints
- Obtain and preserve the official police collision report promptly.
- Photograph traffic signals, vehicle damage, road markings, and the overall crash scene.
- Collect witness contact information at the scene.
- Secure any available traffic camera or dashcam video before it is overwritten.
- Seek prompt medical attention to document your injuries.
- Keep all medical and repair bills organized.
- Consult an attorney familiar with Washington personal injury law to review your evidence.