Who’s at Fault In Denver Car Accidents At Flashing Traffic Signals
Flashing traffic signals are a common sight in Denver, especially at intersections where traffic patterns demand extra caution. Yet, these signals can create confusion, leading to accidents that are anything but straightforward. The rules surrounding flashing lights are simple in theory, but when accidents occur, figuring out who is at fault requires a clear understanding of how those rules apply in real-world situations.
The Rules of the Road at Flashing Traffic Signals
Flashing traffic signals come in two forms: red and yellow. Each carries distinct instructions that drivers must follow to keep everyone safe, yet misunderstanding or ignoring these rules can lead to serious collisions.
Flashing Red Light Rules
Treat a flashing red light like a stop sign. That means coming to a full stop, checking for oncoming traffic or pedestrians, and only proceeding when it’s safe. Unfortunately, not every driver follows this rule. Whether it’s due to impatience or distraction, failing to stop can have devastating consequences. When accidents happen, these violations are a critical factor in establishing fault.
Flashing Yellow Light Rules
A flashing yellow light signals caution. While drivers aren’t required to stop, they must be aware of their surroundings and yield if necessary. The ambiguity here often leads to problems. For instance, drivers may misinterpret the flashing yellow as a green light, speeding through intersections without proper vigilance. This misunderstanding adds another layer of complexity when determining who is at fault in a crash.
While these rules may appear simple, failing to follow them can lead to unfortunate car accidents.
How Can I Prove the Other Driver Was Negligent?
Demonstrating the other driver’s negligence in a flashing signal accident requires a comprehensive approach that combines clear evidence, a strong understanding of traffic laws, and persuasive legal arguments. Here’s how you can build a solid case:
1. Collecting Evidence from the Accident Scene
Gathering as much information as possible immediately following the accident is crucial. Key pieces of evidence include:
- Photographs and videos: Capture images of the accident scene, vehicle damage, traffic signals, skid marks, and road conditions. Videos can show the layout of the intersection and any potential hazards.
- Witness statements: Collect contact information and statements from any bystanders who saw the accident. Their accounts can corroborate your version of events, especially if the other driver ran a flashing red signal or was driving erratically.
- Traffic and security camera footage: Request footage from nearby businesses or traffic cameras, as these recordings may show the other driver’s reckless behavior, such as speeding or failing to yield.
2. Using Police Reports as Key Evidence
Police reports are often a cornerstone of proving negligence. When officers respond to an accident at a flashing signal, they document their observations, note any apparent traffic violations, and may even issue citations to the at-fault driver. Police reports may also include initial statements from drivers and witnesses, which can provide insight into how the accident occurred.
3. Establishing Traffic Law Violations
You must demonstrate that the other driver’s actions violated these regulations:
- If the other driver failed to stop completely at a flashing red light, this violation could form the basis of your negligence claim.
- If the other driver did not proceed with caution or drove recklessly through a flashing yellow light, it strengthens your case.
By referencing Colorado’s traffic laws, you can show how the other driver’s actions constituted a breach of their duty to drive safely.
4. Demonstrating Distracted or Reckless Driving
Negligence can also be shown if the other driver was distracted or engaged in reckless behavior. Evidence of these actions might include:
- Cell phone records: If you suspect the other driver was texting or using their phone, your attorney can subpoena their phone records to establish distraction at the time of the accident.
- Driving history: If the at-fault driver has a history of reckless driving or prior citations, this can further support your claim. Patterns of unsafe behavior may indicate habitual negligence.
- Expert testimony: Accident reconstruction specialists can analyze the scene and provide expert opinions on how the accident likely unfolded. This analysis can demonstrate that the other driver’s negligence directly caused the collision.
5. Leveraging Comparative Negligence Laws in Colorado
It’s important to understand Colorado’s comparative fault laws, which may affect your compensation. Even if you share some responsibility for the accident, you may still recover damages, provided your level of fault is less than 50%. An experienced attorney can help minimize your assigned percentage of fault by presenting compelling evidence of the other driver’s negligence.
Why Flashing Signal Intersections Are Accident Hotspots in Denver
Intersections with flashing signals are among the most dangerous in Denver, and it’s not hard to see why. A mix of driver confusion, distraction, and adverse weather conditions often creates the perfect storm for collisions.
- Driver confusion: Many drivers struggle to remember the specific rules for flashing signals, especially when they’re in unfamiliar areas or dealing with heavy traffic.
- Distracted driving: Denver drivers are increasingly distracted, whether by smartphones, in-car technology, or other passengers. This lack of focus is particularly hazardous at intersections, where quick decisions are crucial. I
- Poor weather conditions: Denver’s weather can be unpredictable, with snow and rain making visibility and road traction worse. When you add flashing signals to the mix, it’s easy to see how accidents happen more frequently.
- Nighttime driving: Reduced visibility at night complicates the decision-making process at intersections. Flashing signals can become harder to interpret, and tired drivers may be more prone to mistakes.
Steps to Take If You’re Involved in a Flashing Signal Accident
Did you know that Denver had over 12,000 reported traffic accidents in 2023 alone? With numbers like these, knowing how to respond if you’re involved in a flashing signal accident is more important than ever. Acting swiftly and correctly can protect your legal rights and improve your chances of receiving fair compensation.
- Call 911: Even if the accident appears minor, an official police report can be invaluable later. Be honest about what happened but avoid making statements that could be construed as admitting fault.
- Seek medical attention: Injuries aren’t always immediately apparent. Getting the medical attention you need after a car accident ensures that any hidden injuries are treated and documented, which can be crucial for your claim.
- Document the scene: Take photos of everything—vehicle positions, road conditions, traffic signals, and any visible injuries. Witnesses can also provide statements that may become critical evidence.
- Notify your insurance company: You’ll need to report the accident to your insurer, but be cautious in your statements. Insurance companies are not on your side and may try to minimize your claim.
- Consider legal assistance: An experienced car accident attorney at Boesen Law can guide you through the complex claims process, especially if fault is disputed. Given the potential for shared responsibility and the tactics insurers use, having expert guidance is essential.
Contact a Car Accident Lawyer in Denver for a Free Consultation
Our team at Boesen Law is here to guide you through this process, from gathering evidence to negotiating with insurance companies and, if necessary, representing you in court. If you’ve been involved in a car accident at a flashing signal intersection, contact us for a free consultation. Let our experience and dedication work for you, helping you move forward with confidence.