Disclaimer: This article provides general information and is not legal advice. Consult a qualified Michigan attorney for guidance on your specific situation.
Detailed Answer
When another driver runs a red light and causes a collision in Michigan, you must prove negligence to establish liability. Negligence requires four elements:
- Duty: All drivers owe a duty to obey traffic laws and operate vehicles safely.
- Breach: Running a red light violates Michigan Compiled Laws (MCL) 257.612, which prohibits entering an intersection on a steady red signal. A breach of this statute often establishes negligence per se.
- Causation: You must show the breach directly led to your collision and resulting injuries or property damage.
- Damages: Document your losses, including medical bills, lost wages and vehicle repairs.
Key Michigan Statute
Under MCL 257.612(1)(b), a driver faced with a steady red signal must stop before the crosswalk or intersection. See the full text at MCL 257.612.
Gathering Evidence
Strong evidence is essential to prove liability:
- Police Report: Request the law enforcement report that cites the red-light violation and officer’s findings.
- Photographs: Capture clear images of the intersection layout, traffic signals, skid marks, and vehicle damage.
- Video Footage: File a Freedom of Information Act (FOIA) request with local or state agencies to obtain traffic-camera or surveillance recordings before they are overwritten.
- Witness Statements: Collect written statements and contact information from eyewitnesses who saw the light change and the collision.
- Expert Analysis: Hire an accident reconstruction specialist to recreate the crash and establish the timing of the red signal.
Applying Evidence in Court
Use your collected evidence to support a claim or lawsuit:
- Demand Letter: Send a detailed demand letter to the at-fault driver’s insurer outlining the facts, statute violation and documented damages.
- Filing Suit: If negotiations fail, file a claim in Michigan district court (up to $25,000) within three years of the accident, per MCL 600.5805(8). See MCL 600.5805.
- Court Hearing: Present the police report, photos, videos, witness affidavits and expert reports as evidence.
- Settlement or Trial: Use your proof of the red-light violation and resulting harm to negotiate a settlement or to persuade the judge at trial.
Helpful Hints
- Seek medical treatment immediately—even minor symptoms can worsen.
- Notify both your insurer and the at-fault driver’s insurer promptly.
- Preserve all evidence: retain original photos, reports and correspondence.
- Act quickly to request video footage; many agencies keep recordings for only a few weeks.
- Keep detailed records of all accident-related expenses, from medical bills to vehicle repairs.
- Consult a Michigan attorney early to evaluate liability and advise on the best strategy.