Detailed Answer
When another driver runs a red light and collides with your vehicle in New Jersey, you can prove their liability by establishing negligence per se, supported by concrete evidence. Under New Jersey law, a driver must obey all traffic control devices, including traffic signals. Violating a red light statute creates a presumption of negligence if the violation causes harm.
1. Statutory Duty and Negligence Per Se
New Jersey Statute N.J.S.A. 39:4-81 requires drivers to stop at steady red signals. When a driver disobeys this rule and causes a crash, the law treats the violation as negligence per se. To succeed, you must show:
- The traffic signal was red.
- The other driver failed to stop.
- The violation caused your collision.
- You suffered damages as a result.
2. Gathering Evidence
Collecting strong evidence strengthens your claim:
- Police Report: Obtain the official crash report from the New Jersey State Police or local municipality. It documents signal status and officer observations.
- Traffic Camera Footage: Many intersections in New Jersey use red-light cameras. Contact the municipality or install department for video or still images.
- Eyewitness Statements: Get contact details and signed statements from other motorists, cyclists, or pedestrians who saw the collision.
- Accident Reconstruction: A qualified engineer can analyze skid marks, vehicle damage, and intersection geometry to confirm who entered on red.
- Photographs: Take clear photos of the intersection, signal, road conditions, and vehicle damage immediately after the accident.
- Medical Records: Document injuries and treatment. Link injuries to the crash to prove damages.
3. Establishing Causation and Damages
After proving the red-light violation, you must connect it to your losses:
- Direct Causation: Show that the negligent act (running the red light) directly caused the crash.
- Damages: Provide bills, pay stubs, repair estimates, and expert testimony to quantify medical costs, lost wages, and property damage.
4. Filing Your Claim
In New Jersey, the statute of limitations for personal injury and property damage claims is two years from the accident date (N.J.S.A. 2A:14-2). Preserve your rights by:
- Notifying your auto insurer promptly.
- Consulting a qualified New Jersey attorney to review evidence and handle negotiations or litigation.
- Filing a lawsuit before the two-year deadline.
Helpful Hints
- Always call 911 at the scene to get an official record.
- Do not admit fault, even in casual conversation with the other driver.
- Secure witness contact info before they leave the scene.
- Request traffic camera data early; municipalities retain it for a limited time.
- Keep a detailed accident diary: note pain levels, medical appointments, and daily impact.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Jersey to discuss your specific situation.