Detailed Answer
To prove another driver’s liability after they run a red light and cause a collision in New York, you must show four elements: duty, breach, causation and damages. Under New York Vehicle and Traffic Law § 1111(d), a driver must stop at a steady red signal and may not enter the intersection until the light turns green. Running a red light is a breach of duty and establishes negligence per se once you prove the violation.
Key Steps to Gather Evidence
- Obtain the police report: After a collision, the responding officer records witness statements, diagrams and notes signal status. You can request the report from the local police department or through the New York DMV crash report portal.
- Secure traffic camera footage: Many intersections in New York City and other municipalities use red light cameras. File a records request with the city agency to preserve video showing the light phase and the driver’s entry.
- Photograph the scene: Take detailed photos of your vehicle damage, skid marks, traffic signals and street markings. Timestamped images help reconstruct the crash dynamics.
- Collect witness statements: Get names, phone numbers and brief written accounts from any bystanders or passengers. Signed affidavits can strengthen your claim.
- Consider accident reconstruction: A qualified engineer can analyze speed, distance and timing to confirm the other driver failed to stop. Their expert report can sway insurers or a jury.
- Document medical and repair records: Retain all bills, diagnostic reports and invoices to prove your damages.
Relevant Statute
New York Vehicle and Traffic Law § 1111(d): “When traffic is controlled by official traffic-control signals exhibiting different colored lights… drivers facing a steady red signal alone shall stop…”
https://www.nysenate.gov/legislation/laws/VAT/1111
Once you compile this evidence, present it to the at-fault driver’s insurer. If they deny fault or undervalue your claim, you can file a lawsuit in civil court. A complaint will lay out the breach—running a red light—causal connection to your injuries and economic losses.
Helpful Hints
- Check if your collision occurred in a red light camera zone and request video promptly.
- Use a smartphone to record witness contact details and brief interviews at the scene.
- Photograph the traffic signal showing red when safe and legal to do so.
- Review the police report for any errors and request corrections while the facts are fresh.
- Consult a personal injury attorney early to meet all court deadlines and preserve evidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.