Many motor vehicle accidents that occur in Brookhaven happen in intersections when drivers run red lights. If you suffered injuries in a red light accident, the team at Bader Scott Injury Lawyers is ready to help. Our attorneys can help you build a case to recover damages from the driver who ran a red light.
If you would like to explore what legal options you have in your red light accident, our lawyer serving Brookhaven can review them along with the details of your accident during a free, private consultation today.
Georgia’s Law Regarding Red Lights
State law makes it illegal to enter an intersection with a red light. A driver must come to a complete stop at the intersection and wait until the green light indicates they have the right-of-way. Failure to comply with this rule can bring monetary penalties.
Running a red light is governed by OCGA §40-6-20. According to the statute, violating the red light laws could result in a civil penalty and points on a license. Enough license points could result in the suspension of one’s driving privileges.
This information could supplement your compensation case if the other driver was issued a traffic ticket or charged with a crime. Additionally, these facts do not prevent you from taking legal action to recover your damages. An attorney with Bader Scott Injury Lawyers can explain this to you in more detail during a free case review.
Establishing Negligence in a Red Light Accident
As is the case with any injury case, the injured claimant must establish that the other party was negligent. Without establishing negligence, you could have problems getting the money you need and deserve.
Four elements are required to prove negligence. Failing to meet even one of these elements could negatively impact your case, which is why you may want to consider letting our lawyer handle your case. We can take care of this important task for you.
Before you can seek to collect damages, you must prove:
The Driver Owed You a Duty of Care
First and foremost, you must establish that the driver who ran the red light owed you a duty of care. Every motorist has a duty to operate their vehicle safely, so this should be easy to prove.
The Driver Breached Their Duty of Care
Establishing a duty of care exists is one thing, but proving that the other party breached their duty of care is another. One’s duty of care is breached by any careless, reckless, or intentional action that results in your injury.
If you can show that the other party ran a red light, you can argue they breached their duty of care toward you and other road users.
The Driver’s Breach of Duty Caused Your Accident
The third element you must establish is referred to as causation. Causation is the link between the other driver’s negligence and your injuries. You must show that the breached duty of care on the driver’s part caused an accident that resulted in you being harmed.
The Accident Brought You Injuries and Damages
Finally, you must show the accident brought you damages that require compensation. You will need to establish the number of accident-related damages that you are entitled to recover. Without measurable damages, you are not entitled to recover monetary compensation, even if the other elements of negligence are met. You usually cannot recover compensation for pain and suffering alone.
You could qualify to seek an array of potential damages following a car accident.
Medical bills are the most common form of economic damages, which are damages that come with a dollar amount attached. If your injuries require medical treatment, the cost of that care could be recovered through a claim or lawsuit. Other examples of economic damages can include property damage costs and lost wages.
Damages such as pain and suffering and emotional distress are damages that do not come with a dollar amount attached but are no less important. It can be challenging to qualify these damages because there is no fixed dollar amount attached. However, this is where our attorney can come in and help you. We can calculate these kinds of damages accurately and determine how much your damages are worth.
The Deadline to Pursue Legal Action
There is a firm deadline for pursuing a lawsuit following an accident in Georgia. You have two years from the date that the other driver ran a red light and collided with your vehicle. If you delay your claim beyond that two-year window, you will likely lose your chance to pursue money in the future.
If you file an injury lawsuit outside of the applicable two-year window of time, the defendant will likely seek to have it thrown out. Outside of some limited exceptions, the court will likely grant that motion and bring your case to a permanent end. This outcome is possible no matter how strong your case might have been.
Our lawyer who works with clients who have been in red light accidents can help you with your Brookhaven case. They can also ensure you comply with Georgia’s statute of limitations and file important documents with the court on time. An attorney with Bader Scott Injury Lawyers is ready to discuss your accident with you to learn how we can help you recover.
Let Our Attorney Help You Pursue a Red Light Accident Injury Case
If you have suffered injuries after a red light accident, you may be able to seek compensation from the driver who ran the red light. If your case is successful, you could recover monetary compensation that covers your medical expenses and other losses as well.
Our lawyer serving Brookhaven could work to provide you with a strong legal case as you seek financial recovery in your red light accident. To get started, begin a free consultation with Bader Scott Injury Lawyers by calling (404) 888-8888 today.