Los Angeles intersections have drawn attention because of red-light running and other dangerous driving. One local commentary described some of these intersections as “killing fields.” After an intersection crash, an injured driver may remember having a green light while the other driver gives a completely different account. Determining what actually happened can affect the right to recover damages.
What can help show who caused the crash?
Fault depends on the circumstances leading to the collision. A driver may claim to have had a green light while the other driver says the same thing. Other facts can help resolve those conflicting accounts. Some relevant factors may include:
- Whether either driver ignored a traffic signal or stop sign
- Whether a driver made an unsafe left turn
- How fast each vehicle approached the intersection
- Whether distraction contributed to the crash
- What witnesses or available video show
Vehicle damage and the point of impact may also provide useful information. These details become even more important when both drivers may have made mistakes.
What if both drivers share fault?
Under New Mexico’s comparative fault rule, an injured person may still recover damages even if partly at fault. The court reduces the award by that person’s share of fault. Each defendant generally pays only the share of damages assigned to that defendant. For example, one driver might enter an intersection without enough care while another approaches at an unsafe speed. Both actions may contribute to the collision. How each driver’s conduct contributed to the crash can affect how responsibility is divided. That division can have a direct effect on the compensation available after the crash.
Can less visible injuries still cause problems?
An intersection collision does not have to cause a broken bone to interfere with daily life. A sudden side impact or abrupt stop may cause neck, back and other soft-tissue injuries. Pain and limited movement can make working, driving or completing ordinary tasks difficult. For someone recovering from a Los Angeles intersection crash, vehicle damage alone does not establish the extent of an injury. Medical findings and the facts surrounding the collision can both play a role in an injury claim.
