State Bans Use of Red-Light Cameras | The Impact on Personal Injury Lawsuits
As early as 2003, some cities in Texas began installing red-light cameras, which used sophisticated technology to detect when a motorist drove through a red light. Pictures of the vehicle’s license plate were simultaneously taken. While those cameras were primarily used to issue citations to motorists who illegally traveled through red lights, the images captured by the camera were also admissible in personal injury lawsuits to establish liability.
In 2019, the Texas State Legislature passed a new law banning photographic traffic signal enforcement in the Lone Star State. Since then, red-light cameras have mostly disappeared in the state of Texas. A few cities still have them, though, because those cities had long-term contracts for the devices, and those contracts cannot be invalidated by new legislation.
Why Did Texas Ban Red-Light Cameras?
Though the cameras were demonstrated to reduce T-bone accidents at intersections and also generated substantial revenue from traffic fines, they were unpopular with most of the public. Legal scholars questioned whether they constituted a violation of the right to due process under the U.S. Constitution, as they did not afford the person cited with the opportunity to confront their accuser. Even more problematic, though, was evidence that the presence of the cameras caused many motorists to brake hard as the light turned, leading to an increase in rear-end accidents.
How Does the Ban Change Traffic Enforcement in Texas?
Obviously, without the use of the red-light cameras, law enforcement officers in Texas need to rely either on personal observation or the testimony of witnesses. When a ticket is contested in court, though, the witness must be present to testify in person or else their testimony will be inadmissible.
How Does the Removal of Red-Light Cameras Affect the Determination of Liability in a Personal Injury Lawsuit in Texas?
While the ban on red-light cameras takes away one form of evidence in a motor vehicle accident injury claim, it doesn’t fundamentally change the requirement that the injured party must prove their claim by the weight of the evidence. The injured party still must show that their version of the facts, as supported by physical evidence or witness testimony, is more believable than the defendant’s allegation of the facts. Without red-light camera tapes, the injured party may have to rely on:
- Physical evidence of damage to the vehicles
- Testimony of witnesses who saw the events leading up to the accident
- Testimony from expert witnesses, such as accident construction specialists, who can look at skid marks, vehicle damage, and other factors to establish causation and liability
Contact the Dallas-Fort Worth Car Crash Attorneys at Bailey & Galyen
For over 40 years, attorneys with the law offices of Bailey & Galyen have fought for the rights of injured people in Texas, including people hurt in motor vehicle accidents in the DFW Metroplex. We have recovered hundreds of millions of dollars in compensation for personal injury clients.
We know how to effectively investigate and litigate an automobile, truck, or motorcycle accident injury claim to maximize your recovery. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.