Detailed Answer
When another driver runs a red light and collides with your vehicle in Texas, you must prove four key elements to establish liability: duty, breach, causation, and damages.
- Duty: All drivers must obey traffic signals under Texas Transportation Code § 544.002.
- Breach: A breach occurs when a driver enters an intersection against a red signal.
- Causation: You need clear evidence that the red-light violation directly caused the crash. This can include the police crash report, witness statements, traffic-camera or surveillance footage, and photographs of the intersection’s signal display.
- Damages: Document your injuries, vehicle damage, lost wages, and other economic losses. Under Texas law, a violation of a traffic-control device constitutes negligence per se, so once you prove the red-light violation, the court presumes negligence.
Follow these steps to strengthen your case:
- Call law enforcement immediately and obtain the official crash report.
- Photograph skid marks, signal heads, vehicle damage, and the overall scene with timestamps.
- Identify and record contact information for witnesses at the scene.
- Request traffic-camera recordings or nearby surveillance video from businesses or municipal sources.
- Keep all medical records, repair estimates, invoices, and pay stubs to prove your damages.
In Texas, establishing a statutory violation of a traffic signal is treated as negligence per se. You do not need to show the driver acted unreasonably beyond running the red light. Once you prove the violation caused your injury, liability is clear.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice tailored to your case, consult a licensed attorney in Texas.
Helpful Hints
- Obtain and review the crash report early; it often includes signal status and witness accounts.
- Search for red-light camera or intersection surveillance footage as soon as possible—footage may be erased after a limited retention period.
- Use a smartphone or digital camera with date/time stamps for photos and videos.
- Maintain an organized file of all related medical bills, repair estimates, receipts, and correspondence.
- Contact a Texas car-accident attorney quickly; the statute of limitations for personal injury is generally two years under Texas Civil Practice & Remedies Code § 16.003.