Proving Liability When a Driver Runs a Red Light in North Dakota
Detailed Answer
Under North Dakota law, running a red light violates the official traffic control signal statute. To prove another driver’s liability, you must establish the four elements of negligence: duty, breach, causation, and damages. Here’s how to build a strong case:
1. Understand the Traffic Signal Statute
N.D. Cent. Code § 39-08-02 requires drivers to obey traffic-control devices, including red lights. Read § 39-08-02.
2. Gather Key Evidence
- Police crash report: Officers document their on-scene findings and diagrams. Under N.D. Cent. Code § 27-20-02, these reports are admissible as public records. Read § 27-20-02.
- Traffic or red-light camera footage
- Dashcam or surveillance videos
- Photographs of the intersection, signal lights, skid marks, and vehicle damage
- Eyewitness statements with names and contact details
3. Prove the Elements of Negligence
- Duty: Every driver must follow traffic laws, including stopping at red lights.
- Breach: Entering the intersection on a red light violates § 39-08-02.
- Causation: Link the breach directly to the collision and your injuries.
- Damages: Provide medical records, repair estimates, and proof of lost wages.
4. Use Expert Analysis
Consider hiring an accident reconstruction specialist. Their analysis of skid marks, vehicle speeds, and impact angles can reinforce causation and breach.
5. File Your Claim
First, submit an insurance claim. If negotiations stall, file a lawsuit in district or small claims court based on your damage amount. Follow the North Dakota Rules of Civil Procedure for filing deadlines and procedures.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.
Helpful Hints
- Collect evidence promptly; witness recollections fade over time.
- Keep a detailed accident journal noting dates, times, and discussions.
- Observe the two-year statute of limitations for personal injury claims in North Dakota.
- Review your insurance policy for coverage limits and claim deadlines.
- Explore mediation or arbitration for a faster, cost-effective resolution.