When drivers blow through a red light at a busy intersection and cause a violent crash, are they always fully responsible? While red-light runners are often primarily liable, Wisconsin law does not assume they are always fully at-fault. There are situations where other parties may share a portion of liability for a crash resulting from a red-light violation.
In this article, we discuss red-light runners, including why they take the risk, when victims may share liability for a crash, and how that could impact your claim.
Injured in a red-light crash? At Sigman Legal, Green Bay car accident lawyers are intimately familiar with the complex factors that determine fault in red-light crashes. We investigate every aspect of an accident to establish liability and protect our clients’ rights to fair compensation.
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Why Do Drivers Risk Running Red Lights?
Green Bay drivers know about the dangers of running red lights, yet these violations still happen daily at major intersections throughout the city. Local law enforcement and traffic safety data reveal several key reasons drivers make this potentially deadly choice.
- Running Late: People get impatient when trying to get to work, an event or some other appointment. This can tempt them to try to beat a yellow light or ignore a red traffic signal at major commuter intersections, like Mason Street and Webster Avenue, especially during morning rush hour.
- Misjudging a Yellow Light: Drivers may do this in familiar areas where they feel more comfortable or in an unfamiliar area because they think they are less likely to get caught.
- Driving Distractions: Cellphones and other distractions cause drivers to miss a changing traffic signal until it is too late for them to stop safely, a growing problem at Brown County’s busiest crossroads.
- Driving Impaired: Alcohol or drugs severely impacts driver judgment, particularly during late night hours around areas like downtown Green Bay’s entertainment district.
- Being Followed Too Closely: Tailgating may force drivers to either run the red light or risk being rear-ended.
- Adverse Weather: Wisconsin weather, including black ice and snow-covered streets in winter, can make safe stopping impossible even when motorists take reasonable steps to adjust their driving to the weather.
What Does Wisconsin Law Say About Red-Light Violations?
Wisconsin state law requires drivers to stop at steady red signals. Under Wisconsin Statute 346.37(1)(c)1, drivers facing a red signal must stop at the marked stop line or crosswalk. If neither exists, drivers must stop before entering the intersection. The law allows drivers to turn right on red. But drivers must first come to a complete stop and yield to pedestrians and cross traffic.
A red-light violation in Wisconsin classifies as a moving violation that includes fines and demerit points added to a driver’s record. When these violations result in accidents, the consequences are more severe than traffic penalties. The at-fault driver may face civil liability for injuries and damages caused by their failure to obey the traffic signal.
Is It Still a Violation if the Driver Cuts Through a Parking Lot to Avoid the Red Light?
Many drivers believe cutting through a gas station, convenience store, or other parking lot to avoid a red light offers a legal shortcut. While Wisconsin state laws may not specifically ban “rat-running,” as this maneuver is called, drivers can be cited at the discretion of the police.
A driver who causes an accident while cutting through a parking lot to avoid a red light creates serious liability issues. This calculated decision to bypass traffic signals demonstrates a clear disregard for safety. In accident claims, this behavior often strengthens the case against the driver who tried to evade the red light rather than wait for the signal to change.
When Would a Red Light Runner Not Be Fully at Fault for a Crash?
While running a red light clearly violates traffic laws, other factors can influence fault determination in intersection accidents. Wisconsin’s comparative negligence law requires a thorough examination of all contributing circumstances and driver actions that led to the crash. A few examples of how that could happen include:
- Speeding: A driver with the green light who exceeds the speed limit may share fault if their excessive speed contributed to the collision’s severity.
- Distracted Driving: A driver proceeding through a green light while texting or otherwise distracted may share responsibility if they had time to avoid the collision.
- Emergency Response: A driver running a red light to avoid an emergency vehicle may bear less fault if they can prove they had no safe alternative.
How Do Courts Determine Liability for Red Light Crashes in Wisconsin?
State courts examine multiple factors when determining liability for a red-light crash. A thorough investigation begins with the police report, which documents initial findings about traffic signal compliance, vehicle positions, and witness statements. Insurance companies and attorneys gather additional evidence, including any surveillance footage or dash camera footage that may be available, skid mark measurements, and vehicle damage patterns.
What If I Am Assessed With Some Fault for a Red-Light Crash?
Wisconsin’s comparative negligence law allows accident victims to recover damages even if they bear partial responsibility for the crash. Under this law, courts assign a percentage of fault to each party involved. A driver may still recover compensation as long as their share of fault remains at 50 percent or less. The final award decreases by the victim’s percentage of fault, making accurate fault determination crucial for maximum compensation.
Why Call Sigman Janssen After a Red-Light Crash in Green Bay?
At Sigman Janssen, our trusted law firm can help you understand your legal rights, including whether any initial settlement offer fully covers your damages, potentially saving you thousands.
Worried about legal costs? We take cases on contingency, so there are no upfront costs or fees when we represent you.
Call Sigman Janssen today. Here to help you. (920) 335-1394