Accidents at intersections can be complicated. Often, more than one driver is involved, and fault may be shared. It is important to carefully look at all the details to figure out who is responsible. Texas law checks the accident circumstances, including who had the right of way, to decide what caused the crash.
Factors like the accident location, traffic signals, and other evidence can affect your settlement. These details can influence how a judge or jury sees the accident, how strong your case is, and whether part of the fault goes to another driver.
That’s why it’s important to speak to a skilled Texas Intersection car accident lawyer as soon as possible after a wreck.
Fault in Intersection Accidents Explained
To determine fault in an intersection accident, we look at negligence. This most often means failing to follow traffic laws, such as stopping at red lights, obeying signs, and making sure you know who has the right-of-way.
One thing that can make fault harder to decide is conflicting witness statements, which can make it difficult to know who to believe. An experienced accident lawyer can often use other evidence, like photos of damage, your injuries, and videos, to help show your story and what happened.
In some cases, we may find that both parties were negligent and contributed to the accident. Perhaps one person failed to stop at a red light, and the other is speeding. In this type of situation, we typically find that comparative negligence statutes apply.
In some cases, both parties may be negligent, and comparative negligence rules are used to divide responsibility.
Common Causes of Intersection Accidents
There are many reasons accidents happen at intersections. Some come from driver mistakes, while others are caused by unsafe roads or property conditions. The most common causes include:
Failure to Yield: This happens at 4-way stops or stop signs when a driver does not give the right-of-way. Not following the rules can surprise other drivers and cause a crash.
Red-Light Violations: These occur when a driver does not stop or yield at a red light. Ignoring traffic signals creates unexpected situations that can lead to accidents. Problems with signal timing or poor visibility can make these crashes more likely.
Left-Turn Conflicts: Left-turn accidents often happen when a driver guesses wrong about oncoming or crossing traffic. This can include failure-to-yield or red-light violations, making it hard for other drivers to react in time.
Other factors like heavy traffic, speeding, or poorly designed roads can make accidents more likely or more serious. Bad road design can reduce visibility, increase mistakes, or make it harder to avoid a crash.
Why Certain Intersections Matter in Texas Car Accident Claims
Some intersections in Texas are known as high-accident areas, which can affect liability in a crash. If an intersection is unsafe, the city, state, or a contractor might be partly responsible for a crash.
If you drive through a dangerous intersection, the other driver may look at whether you were careful. Texas law asks: If you drive through a dangerous intersection, the other driver may look at whether you were careful. Could a normal person have seen the risk of an accident there?
If the other driver can show you were not careful at a dangerous intersection, it can change how fault is shared under Texas’s modified comparative negligence rule. You can still get damages if you are 50% or less at fault, but your payout is reduced by your share of the fault.
Showing that an intersection has a history of accidents can help your case, but it’s best to work with a lawyer. They can help you use this information the right way and explain how it affects your claim.
Showing that an intersection has a history of accidents can help your case, but an attorney can guide you on how to present it.
Evidence Used to Prove Liability at Dangerous Intersections
The evidence we use in intersection accidents can vary based on the specifics of your case, but this often includes:
- Police reports
- Crash diagrams
- Citations issued
- Traffic cameras
- Surveillance footage from nearby properties or businesses
If who is at fault is strongly disputed, you may want to work with accident reconstruction experts. They can use this evidence to show more clearly what happened. Sometimes, you may also want to bring in other experts or eyewitnesses to testify for you.
When Government Entities May Share Liability
It’s usually hard to win a case against a government entity, but sometimes it is possible. This often happens at intersections that are more dangerous. The government has an obligation to keep roadways safe, and this includes:
- Safely designed and executed roadways
- Maintaining landscaping that may obscure the view of lights, signs, or intersections
- Ensuring that signal malfunctions are quickly identified and addressed
Claims against a government entity can be hard because they have different rules and deadlines. Depending on the entity, the Texas Tort Claims Act may give as little as 90 days or up to 6 months to send written notice about the problem.
How Dangerous Intersections Affect Settlement Value
After an intersection accident, several things can affect your settlement. These factors often work together to decide the final amount you may receive. The key to winning your case is developing a strong argument for the other person’s liability, limiting your own.
Clarity in Liability
Suppose you were making a left turn on a green left arrow, and someone ran their red light and hit you. This is usually clearly the other person’s fault, which can raise the value of your case because they may want to settle instead of going to court.
Similarly, if you make a claim against the state, showing that the intersection has a history of problems may show that they failed to provide a safe roadway.
Disputed Liability
In cases where the other party’s liability is credibly disputed, you may find you have less leverage. This may result in a lower settlement because they may be more willing to take the case to a judge if they are confident in their chances of winning.
Pursuing a Lawsuit
If the other person denies fault or their insurance company does not offer fair settlement terms, you might file a lawsuit to show you are serious. In most cases, this creates uncertainty for them that could cost more than your original settlement request, making them more likely to offer a fair settlement.
Insurance Company Tactics in Intersection Accident Claims
The main goal of any insurance company is to lower its payout. Some of how they do this is by disputing their driver’s fault. In a right-of-way violation, this might mean saying the other person was speeding or that both drivers are at fault.
As part of this strategy, they may also try to downplay intersection design issues, because this could lead to a deeper investigation that might increase your payout.
The insurance company may also use anything you say to dispute your claim or make your injuries seem smaller. For example, if they call you a few days after the accident and ask how you are, saying you feel ‘fine’ or ‘well’ could be used to argue that you are not really injured.
In many cases, working with an attorney shows that you are serious about your case and can greatly reduce these usual tactics.
The main goal of an insurance company is to reduce payouts, sometimes by disputing their driver’s fault or blaming both parties.
When to Hire an Intersection Accident Lawyer
It is smart to talk with an attorney after any accident that causes an injury. This is especially important if you think the other driver may deny fault, whether from what was said at the scene or a letter from the insurance company about their intent.
Working with an attorney can help you collect the right evidence early, while it is still available. This helps you strengthen your case and handle any disputed liability. An attorney can also help you present a strong case from the start, lowering the chance of a long or difficult negotiation.
They may also use the crash history of a dangerous intersection to show that the problem is not just the driver, but a bigger safety or design issue.
Contact J.D. Silva & Associates to protect your rights, evaluate your case, and pursue the compensation you deserve after an intersection accident. We have convenient offices located in McAllen and Pearland, TX.