Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance, consult a qualified attorney.
Detailed Answer
To prove negligence in a collision at a traffic signal or exit under West Virginia law, you must establish four elements:
- Duty: The other driver owed you a duty to obey traffic laws, including traffic signals (WV Code 717C-5-11) and right-of-way rules (WV Code 717C-5-19).
- Breach: That driver breached the duty by running a red light, failing to yield at an exit, or violating another applicable rule.
- Causation: The breach directly caused the collision.
- Damages: You suffered measurable harm, such as vehicle damage or personal injury.
Key Types of Evidence
- Police Report: Official findings, citations, scene sketches, and witness contacts.
- Traffic Camera Footage: Intersection or exit ramp video showing signal status and vehicle movements.
- Accident Reconstruction: Expert analysis of skid marks, impact angles, and speed data.
- Skid Marks and Photographs: Images of tire marks, vehicle positions, and road conditions.
- Witness Statements: Eyewitness accounts that confirm signal indications and driver actions.
- Event Data Recorder (Black Box): Data from the vehicle showing speed, brake, and throttle inputs.
- Signal Timing Records: DOT logs verifying the duration of green, yellow, and red phases at the time of the crash.
- Medical Records and Bills: Documentation of injuries and treatment costs.
Helpful Hints
- Document the scene immediately with photos and videos.
- Obtain a complete police report and note officer observations.
- Secure traffic camera and DOT signal timing data promptly.
- Identify all witnesses and record their statements while memories are fresh.
- Preserve vehicle damage and consult a reconstruction expert if needed.
- Maintain thorough medical records to establish injury impact.