You enter an intersection on a green light and another car slams into you. When the police arrive at the scene, the other driver swears that their light was the one that was green.
Suddenly, what seemed like a pretty straightforward car accident claim has become complicated, with two completely opposed versions of events leading up to the crash: yours and theirs.
Why this issue can take on so much importance
A dispute like that can be especially serious in North Carolina. Under the state’s strict contributory negligence rule, you are barred from recovering any of your losses if you are even the slightest bit responsible for the crash.
The other party’s insurer may seize on the conflicting accounts between you and the other driver to deny your claim based on the idea that you entered the intersection while the light was still red and therefore share responsibility for the accident.
Regardless of whether the other driver is mistaken or outright lying, you need evidence to support your claim. Some potential places to look include the following:
- Traffic and surveillance cameras: Not every intersection with a light has a traffic camera, too, but many do. In addition, there may be other angles and views available from nearby businesses and homes.
- Witness accounts: Eyewitnesses are sometimes invaluable in situations like these. Other motorists, passengers, pedestrians and onlookers nearby may have seen the whole scene unfold, and they may be able to testify about the light.
- Dashcam evidence: Many drivers now have dashcams for just this kind of event. Depending on how the camera was angled, it may have clearly caught the traffic light signal.
Sometimes other evidence may come into play. Many newer vehicles contain event data recorders that preserve information from the moments before a collision. That won’t show the color of the traffic light, but it might show that one driver accelerated at the intersection while the other attempted to stop. Cellphone records and navigation app activity may also help show whether a driver was distracted or driving in a way that conflicts with their story.
If you’ve been involved in a collision at an intersection, don’t wait to see what the insurance company will do. Speaking with an attorney can help you best protect your interests.
