If you’ve been hit by someone who ran a red light, the law is on your side, and you should be entitled to compensation.
With that said, insurers are highly skilled at minimizing payouts by shifting blame or undervaluing claims — so you need to be mindful of every step you take after the accident.
Settlements often take time —sometimes months —and building a rock-solid case will require a few key steps. If you’ve been hit by someone running a red light, here’s what you should do:
- Consult a lawyer ASAP (you can book a free consultation here)
- Get a medical evaluation
- File a police report
- Gather evidence
- Notify your insurance company
- Avoid admitting fault
- Keep track of all expenses
- File a claim
- Prove negligence
- Negotiate a settlement
- Take legal action if necessary
We’ll walk you through each of these steps in detail, so you’ll know exactly what to do to protect your rights and get the compensation that’s rightfully yours.
When someone runs a red light and causes a crash with you, every step you take afterward matters. Here’s your guide to navigating the process with the help of a skilled car accident lawyer:
Consult an experienced car accident lawyer ASAP to protect your rights and ensure the complexities of your car accident case are handled correctly.
This is especially important when the other party denies running the red light.
Your lawyer will collect evidence like witness statements and traffic camera footage to prove the other party’s negligence. They’ll also negotiate with insurance companies and fight on your behalf for the compensation you deserve.
A lawyer is invaluable in any Texas car accident, whether it involves a catastrophic injury or disputes over liability. In fact, research shows that an accident victim with legal representation often receives 3 to 3.5 times more compensation.
Even if you feel fine, some injuries — like whiplash or internal damage — may appear later.
A car accident lawyer can help you find a trusted medical provider and make sure all the appropriate tests are run so that nothing is missed. They’ll also make sure your medical records are documented properly to strengthen your car accident claim.
If you’ve been hit by someone who ran a red light, and police were called to the scene, they should have already filed an official police report of the accident.
If the police weren't called or didn’t come to the scene, you should contact your local law enforcement or police as soon as possible to file an official report about the car accident.
In Texas, you must report an auto accident involving injury, death, or property damage over $1,000 within 10 days if law enforcement officers were not initially called to the accident scene.
This report serves as essential evidence, documenting details like the drivers' time, location, and statements. A lawyer can help you obtain and use a copy to build a strong case.
Compile any vehicle damage photos, witness statements, and other documentation (images of traffic signals and skid marks) you have from the accident scene.
A car accident lawyer can help you secure further evidence you might not have considered, such as a red light camera or dashcam footage and consulting accident reconstruction experts if needed
Notify your insurance company immediately about the car accident and report that the other driver ran a red light.
Provide specific details like the location, time, and evidence you collected, but stick to facts and avoid guessing or giving recorded statements. A lawyer can prepare your statement to make sure it's clear and factual, or they can communicate with the insurer directly on your behalf.
Be cautious when speaking with the other driver’s insurance company. Even casual statements like “I didn’t see them” or “I could have stopped sooner” can be interpreted as admitting fault.
Feel like you might say the wrong thing?
Not to worry.
A car accident lawyer can communicate with insurance adjusters on your behalf, ensuring they don’t misconstrue your words or use them to weaken your car accident claim.
Plus, insurers shouldn't contact you once you have legal representation. You can simply tell them to talk to your attorney if they do.
Start documenting all the costs you have incurred since the car accident, such as medical bills, physical therapy sessions, car repairs, rental cars, and lost income.
Your personal injury attorney can help calculate future expenses and factor these into your claim, preventing the insurance company from undervaluing your medical expenses or vehicle damage.
Next, you’ll need to file a claim with the at-fault driver’s insurance company and submit evidence like the police report, photos from the accident scene, repair estimates, and medical records.
If the red light runner is uninsured or underinsured, you may need to turn to your own insurance policy, using uninsured/underinsured motorist coverage or personal injury protection (PIP) if you have it.
Your lawyer will guide you through the process and help you submit your claim correctly and on time.
To recover compensation after a red-light accident, you must establish that the red light runner was negligent. Your personal injury lawyer will build your case by proving four essential elements:
- Legal Duty: The other driver had a legal obligation to stop at the red light.
- Breach of Duty: They violated this duty by failing to stop.
- Causation: Their actions directly caused the crash and your injuries.
- Damages: You suffered measurable losses, such as medical expenses, lost wages, or property damage.
Your lawyer will also address the specific type of negligence involved and how it impacts your settlement:
- Gross Negligence: Reckless behavior, such as speeding through a red light or causing a drunk driving accident, can be considered gross negligence. If your Texas car accident case goes to court, it may even lead to punitive damages, increasing the potential settlement.
- Comparative Negligence: If you share partial fault, your personal injury attorney will work to ensure you still receive compensation under Texas’s comparative fault laws.
- Vicarious Negligence: This could mean identifying additional sources for compensation, such as an employer’s liability in the case of a commercial driver.
Your car accident lawyer will present evidence like medical records, witness statements, and the police report to the at-fault driver’s insurance company.
They’ll handle negotiations, pushing back on low offers and making sure the settlement reflects your medical bills, lost income, and overall suffering.
If you’re not happy with the settlement offer, your personal injury lawyer can advise you if it’s worth taking the case to court.
If yes, they’ll manage every step of the process, from filing the lawsuit to presenting your car accident case, fighting to secure the compensation you deserve.
3 FAQs Related to Red-Light Car Accidents in Texas
From liability to causes, here are three FAQs about Texas red-light accidents:
1. What Does Texas Law Say About Red Light Running?
According to Texas Transportation Code § 544.007(d), drivers approaching a steady red light must stop at the marked stop line, or if none exists, before the nearest crosswalk or intersection.
Drivers must remain stopped until they see a green light and the intersection is clear of pedestrians and other lawful traffic.
But exceptions to this traffic law include:
- Right Turns on Red: Drivers may turn right after coming to a complete stop, provided there’s no sign prohibiting it, and the turn is safe.
- Left Turns on Red: Drivers may turn left on red at intersections where both streets are one-way, but only after stopping and ensuring it’s safe.
Any action outside these exceptions is considered red light running, which is illegal and classified as a Class C misdemeanor.
2. How Does Comparative Fault Work in a Red-Light Car Accident?
Comparative fault means multiple parties can share responsibility for a Texas car accident.
So, even if the other driver ran a red light, insurance adjusters will review the circumstances to see if your actions contributed to the crash. For instance, if you were speeding, distracted, or failed to check for oncoming traffic, they might assign some fault to you and reduce your payout based on your percentage of fault.
Additionally, if you are found to be 51% or more at fault, you can’t recover any damages.
Our personal injury lawyers at No Bull Law can challenge unfair fault assignments from insurance adjusters and, if necessary, represent you in court to ensure a fair outcome.
3. What Are the Most Common Causes of Red-Light Car Accidents?
Red-light accidents often stem from predictable behaviors and mistakes. Here’s a look at the most common ones:
- Distracted Driving: Drivers often run red lights because they’re distracted by their phones, GPS, or even the radio, missing the change in traffic signal.
- Rushing or Being Late: Some drivers ignore red lights when they’re running late, prioritizing a few saved minutes over safety.
- Driving While Impaired: Alcohol, drugs, or even fatigue can impair judgment, leading drivers to make dangerous decisions like running red lights.
- Failure to Yield: Drivers who don’t properly stop before turning right or fail to yield at intersections often end up running red lights.
- Speeding: Speeding drivers may not have enough time to stop safely, forcing them to run through a red light.
- Trying to “Beat” the Yellow Light: Some drivers see a yellow light as a signal to speed up rather than slow down, often leading them to cross the intersection after the light turns red.
- Defective Vehicle Parts: Malfunctioning brakes or other mechanical failures can prevent drivers from stopping at red lights, even if they intend to.
- Careless or Reckless Driving: Drivers who deliberately speed through red lights or ignore traffic laws increase the risk of an auto accident.
- Malfunctioning Traffic Light: Rare but possible, a faulty traffic light can create confusion, leading to collisions as drivers misinterpret the right of way.
Don’t Stall After a Red-Light Crash — Call No Bull Law
When someone runs a red light and hits you, the aftermath can feel overwhelming for any car accident victim.
Between injuries, medical bills, and uncooperative insurance companies, navigating the next steps is no small task.
At No Bull Law, we’re here to take that burden off your shoulders.
From proving fault to fighting for fair compensation, we’ll handle the legal complexities of your Texas car accident case so you can focus on your recovery.
Don’t face this alone.
Contact No Bull Law today for a free consultation today, and let our personal injury lawyers help you turn that red light car accident into a green light for justice.
