How to Prove Another Driver’s Liability for Running a Red Light and Causing a Collision in Nebraska

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.

Detailed Answer

Traffic Signal Requirements under Nebraska Law

Under Neb. Rev. Stat. § 60-6,119, traffic-control signals govern driver behavior at intersections. A driver facing a steady red signal must stop before the marked crosswalk or stop line and remain stopped until a green signal appears (Neb. Rev. Stat. § 60-6,119).

Negligence Per Se for Red Light Violations

Nebraska courts consider a violation of a traffic-control signal statute as negligence per se. Running a red light constitutes a breach of duty when it causes the type of harm the statute aims to prevent.

Elements of a Civil Claim

To hold the other driver liable, you must establish four elements:

  • Duty: Every driver must obey traffic laws and operate a vehicle safely.
  • Breach: A recorded or observed red light violation proves breach of that duty.
  • Causation: You must show the violation directly caused the collision and your injuries.
  • Damages: Provide evidence of your losses, including medical expenses, lost wages, and property damage.

Gathering Key Evidence

Strong evidence of liability often includes:

  • Traffic camera or intersection CCTV footage showing the red light violation.
  • A law enforcement crash report noting the signal infraction.
  • Photographs of vehicle damage, skid marks, and the intersection layout.
  • Eyewitness statements describing the other driver running the red light.
  • A traffic citation issued to the at-fault driver.
  • Accident reconstruction expert analysis confirming the sequence of events.

Proving Causation and Damages

Establish a direct link between the red light violation and your injuries. Keep detailed records:

  • Medical reports, diagnoses, and treatment plans.
  • Receipts for vehicle repairs or replacement costs.
  • Documentation of lost income or reduced earning capacity.

Helpful Hints

  • Request the official crash report from the local police department or Nebraska State Patrol promptly.
  • Collect and preserve witness contact information at the scene.
  • Take timestamped photos and videos of the intersection, signal lights, and vehicle positions before moving anything.
  • Note weather, lighting, and traffic conditions affecting visibility.
  • Preserve your vehicles pre-repair condition for documentation.
  • Track all medical treatment, billing statements, and related expenses.
  • Consult an attorney experienced in Nebraska traffic collisions early to protect your legal rights.

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.