Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a driver runs a red light and causes a collision in West Virginia, you must gather and present evidence showing the other motorist’s negligence. Under West Virginia Code §17C-13-3, drivers must obey all traffic signals (https://code.wvlegislature.gov/17c/13/3/). Failing to stop at a red light establishes a prima facie case of negligence per se, meaning the driver violated a traffic law and is presumed negligent.
1. Police Report and Official Findings
Secure the police crash report. Officers typically note signal status, statements, and any citations issued. A citation for running a red light is strong evidence of fault.
2. Traffic Camera and Traffic Signal Data
Many intersections have red-light cameras or signal logs. Request footage or signal-timing data from the city or county traffic division. This can confirm the precise moment the light changed and when the vehicle entered the intersection.
3. Witness Statements
Collect contact information and written or recorded statements from eyewitnesses. Independent observers add credibility to your version of events.
4. Photographs and Video Evidence
Photograph vehicle damage, skid marks, traffic lights, and road layout. Dash-cam or cellphone video can capture the other driver’s failure to yield or stop.
5. Accident Reconstruction and Expert Opinion
An accident reconstruction expert can analyze vehicle speeds, impact points, and braking distance to confirm the red-light violation. Their report and testimony can be pivotal in court.
6. Medical Records and Repair Estimates
Document your injuries with medical records and bills. Obtain repair estimates or invoices for vehicle damage. These records establish causation and damages linked to the collision.
Helpful Hints
- Preserve all evidence immediately—photos fade and data may be overwritten.
- Obtain the official police report within days of the crash.
- Speak to potential witnesses at the scene; get their names and numbers.
- Request traffic camera or red-light camera footage as soon as possible.
- Keep a detailed log of medical treatment and out-of-pocket expenses.
- Consult a personal injury attorney familiar with West Virginia traffic cases.
- Be mindful of West Virginia’s two-year statute of limitations for personal injury claims (WV Code §55-2-12: https://code.wvlegislature.gov/55-2-12/).