What evidence is needed to prove another motorist’s negligence in a collision at a traffic signal or exit in WV?

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, consult a qualified attorney.

Detailed Answer

To prove negligence in a collision at a traffic signal or exit under West Virginia law, you must establish four elements:

  1. Duty: The other driver owed you a duty to obey traffic laws, including traffic signals (WV Code 717C-5-11) and right-of-way rules (WV Code 717C-5-19).
  2. Breach: That driver breached the duty by running a red light, failing to yield at an exit, or violating another applicable rule.
  3. Causation: The breach directly caused the collision.
  4. Damages: You suffered measurable harm, such as vehicle damage or personal injury.

Key Types of Evidence

  • Police Report: Official findings, citations, scene sketches, and witness contacts.
  • Traffic Camera Footage: Intersection or exit ramp video showing signal status and vehicle movements.
  • Accident Reconstruction: Expert analysis of skid marks, impact angles, and speed data.
  • Skid Marks and Photographs: Images of tire marks, vehicle positions, and road conditions.
  • Witness Statements: Eyewitness accounts that confirm signal indications and driver actions.
  • Event Data Recorder (Black Box): Data from the vehicle showing speed, brake, and throttle inputs.
  • Signal Timing Records: DOT logs verifying the duration of green, yellow, and red phases at the time of the crash.
  • Medical Records and Bills: Documentation of injuries and treatment costs.

Helpful Hints

  • Document the scene immediately with photos and videos.
  • Obtain a complete police report and note officer observations.
  • Secure traffic camera and DOT signal timing data promptly.
  • Identify all witnesses and record their statements while memories are fresh.
  • Preserve vehicle damage and consult a reconstruction expert if needed.
  • Maintain thorough medical records to establish injury impact.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.