Who is at Fault at an Intersection Accident?
When vehicles travel in opposite directions on the same road and cross one or more traffic streams on other roads, there is a high likelihood of a collision. Statistics show that 40% of motor vehicle crashes happen at intersections due to human error. However, as common as they may be, they could be the most complicated.
Lawyers from a North Carolina personal injury law firm explain that determining liability in such accidents can be challenging. To obtain the compensation you deserve, it would help to work with skilled legal experts who know how to navigate personal injury laws in North Carolina. Proving fault is often the first step in filing a lawsuit against the at-fault party.
Poorly designed intersections can also cause accidents, which can be challenging to prove. Some common signs of poor intersection designs are a lack of or obscured warning signs, stop signs or traffic lights. The intersections may also be designed to make it hard to see oncoming traffic.
Right-of-Way Issues
Right of way comes into play in accidents at intersections. If you had the right of way and another driver crashed into your car, you may have a case against them for negligence. Skilled car accident lawyers in North Carolina can evaluate the accident details and help you prove you had the right of way if you:
- Had a protected green light as you drove through the intersection
- Yielded to oncoming traffic on a through street that lacked signs or signals
- Correctly stopped at the light or stop sign on your side of the intersection
- Treated the road as a two-way stop
- Entered a multi-lane road from a two-lane and yielded to cars in the broader road
- Already yielded to vehicles in the intersection
- Yielded to a driver on the right who got to the intersection at the same time as you did
In addition to these general rules, other right-of-way guidelines also apply when determining liability for accidents at an intersection. The regulations apply to different situations but can help your North Carolina car accident lawyers favorably fight for your rights in your personal injury case:
- Controlled intersections: Drivers must obey the traffic lights that dictate how to approach an intersection or risk being blamed for a collision that results from their failure.
- Uncontrolled intersections: Motorists must yield to other drivers who get to the intersection before them. If two vehicles arrive at the same time, the car to the right has the right of way.
- Highway on-ramps: When joining the flow of traffic on a highway, the drivers on the highway already have the right of way, and the drivers entering must yield. A driver exiting a highway on the ramp must yield to the drivers on the street they are entering.
- At T-intersections: If a driver joins a street from a road that dead-ends into that street, they must yield to drivers on that street.
- Multi-lane intersections: Drivers on a larger street with more lanes have the right of way if the street intersects with a smaller street.
- At a faulty traffic light: Sometimes, traffic lights malfunction or are set to flash red during maintenance. In such cases, drivers should treat the light as a 4-way stop and stop completely at the intersection, look both ways and proceed when it’s their turn.
If you’re unsure if you have the right of way, wait until the intersection is clear to proceed. Other drivers may fail to stop or take the right of way, which could lead to a collision. With many factors surrounding determining fault, work with experienced car accident attorneys for the most favorable outcome.
Who Is Liable for an Accident at an Intersection?
Determining liability in intersection collisions hinges on proving negligence. Negligence constitutes four crucial elements that you must prove in court to enhance your chances of recovering compensation from the at-fault party:
- Duty of care: You must demonstrate that the other driver owed you and others a duty of care
- Breach of the duty of care: You must demonstrate that the at-fault driver failed to uphold their duty of care and acted negligently
- Causation: There must be a relationship between the other party’s negligence and the accident that caused your injuries
- Damages: A successful compensation claim must show the damages you suffered due to the accident caused by the other party’s negligence.
These elements are often complex to prove in personal injury cases, but skilled North Carolina car accident attorneys know how to make a successful claim. In some cases, both drivers may have shared liability in intersection accidents. Your lawyers can provide legal guidance on the outcome of your compensation claim under such circumstances.
An Experienced Personal Injury Lawyer Providing Legal Counsel for Intersection Accidents
Getting into an accident can be scary, sometimes with lifelong injuries that you have to endure. While you can pursue compensation from the at-fault driver, the process can be complex because you must prove negligence to determine liability. Various considerations go into accidents at intersections, and working with skilled car accident lawyers in North Carolina can give you an edge.
Brent & Adams Associates is a personal injury law firm in North Carolina. We have knowledgeable car accident attorneys who can help in your intersection accident. Trust us to handle the paperwork, file a lawsuit, and fight for the most favorable legal outcome as you focus on healing and recovery. Call us at 910-249-6891 to schedule a FREE case assessment.