This comprehensive guide offers in-depth insight into the laws, rules, investigation procedure, types of damages, and attorney costs for accidents resulting from running a red light in Austin, Texas.
What are red-light-running accidents?
Red-light-running accidents are crashes that happen when a driver runs a red light at traffic signals. They are one of the most common types of crashes that occur at signalized intersections in Austin, Texas.
Red-light-running accident law in Austin, Texas
Texas Transportation Code Section 544.007(d) mandates drivers stop at a steady red light. They can move only when the signal turns green. Entering an intersection while the traffic signal is red is considered running a red light. It is a Class C misdemeanor in Austin, Texas.
Failing to stop at a red light can result in a base fine of $286 and 2 license points. In the event of a traffic collision, this increases to 3 points. If you accumulate 6 license points, you will be subject to an annual surcharge on your license.
If running a red light leads to significant vehicle damage or injuries to others, then it can be categorized as reckless driving, resulting in 30 days in county jail or a fine of $200, or both, per Texas Transportation Code, Section 545.401. Reckless driving can also lead to suspension of the driver’s license per Texas Transportation Code Section 521.292.
Red light rules
- Right turn on a red light: Running a steady red light is an offense in Austin, but taking a right turn on a red light is legal in many cases unless there is a sign prohibiting a right turn. Before turning right at a red light, stop completely at the stop line at the intersection and stay in the right lane. Check for signs prohibiting a right turn and use the turn signals. Check for pedestrians and oncoming traffic in the turning lane.
- Left turn on a red light: The Texas Transportation Code allows a driver to turn left on a red light if the intersecting streets are one-way and the driver stops at the intersection to give pedestrians and other traffic the right of way.
- Meaning of a yellow light: According to the Texas Transportation Code, a driver seeing a steady yellow signal must interpret the yellow light as the end of the green light. The yellow light in traffic signals in Austin, Texas, gives the drivers time to stop before the light turns red.
Camera technology for recording and identifying red light offenders
Before 2019, cameras installed at red lights captured pictures of motor vehicles that ran red lights. These pictures were sent to the Austin Police Department. The department checked the license plates in the photographs and mailed vehicle owners a ticket.
However, the use of red light cameras in implementing traffic laws is controversial, and Governor Greg Abbott signed HB 1631 banning the use of red light cameras in 2019. Since then, drivers caught on camera running red lights are not ticketed in Austin.
Statistics for running red lights in Austin, Texas
- A 2022 Austin government report states that crashes due to running a red light are one of the six most common crash types. Such crashes were prevalent in three of the 13 examined locations.
- Another government study revealed that more than one-third of fatal or injurious red- and yellow-light-running accidents occurred at signal intersections in Austin.
- In Austin, fatal crashes due to running a red light decreased by 9 percent after installing advanced warning flashers or reflective backplates.
- Intersections equipped with left-turn storage, right-turn lanes or pockets, continuous center-turn lanes, modified driveways, and warning flashers witnessed a 20% decrease in rear-end collisions and a 6% decrease in collisions resulting in injury or fatality.
Causes of red-light-running accidents
Distracted/negligent drivers
Distracted driving means driving while texting, talking on a call, or using a cell phone. Using a mobile device while operating a bike or a car is prohibited in Austin as it directly results in a driver missing a red light.
Speeding
Exceeding the speed limit is one of the most common reasons drivers run a signal. Running a red light signal at high speed increases the risk of injury and death.
Drunk driving
Alcohol impairs the reaction time of a driver, rendering them unable to stop the vehicle in time to avoid an accident.
When alcohol causes blurry vision or impaired processing, a driver cannot properly comprehend traffic signals.
Types of red-light-running accidents
T-bone collisions
A T-bone collision happens when a vehicle hits another vehicle going in a different direction at an intersection.
T-bone collisions are more likely to lead to severe injury or death than front or rear-end collisions. Even when airbags deploy, the side of the vehicle remains more vulnerable than other parts in a crash.
Rear-end crashes
Rear-end collisions happen when a vehicle in front is hit by another vehicle trailing it. A rear-end crash can involve two or more vehicles. Rear-end crashes are the second-most common type of red-light-running accidents in Austin.
Turn collisions
A turn collision is a collision between two vehicles as one vehicle jumps a signal and attempts a turn. They can be either a head-on collision or a side-impact crash.
Victims of red-light-running accidents
Pedestrians
Pedestrians are major victims of red-light-running accidents in Austin, Texas. Drivers who ignore red lights or stop signs and fail to yield to pedestrians can cause severe injuries or death.
Red-light-running accidents can result in broken bones, brain injury, spinal injury, concussion, abrasions, lacerations, organ damage, or coma, and severe cases may lead to the death of a pedestrian.
Automobiles and their passengers
Passengers are often seriously injured in red-light-running accident cases. Also, the vehicles involved in red-light-running accidents are typically severely damaged, resulting in financial losses.
Bicyclists and motorcycles
Vehicles running red lights is one of the most common causes of bicycle accidents in Austin, Texas. Negligent drivers not following the rules of the road can cause grave injuries to bicyclists and motorcycle riders.
What to do after a red-light-running accident?
Remain at the scene if anyone is injured
Texas red-light-running accident law states that anyone involved in a red-light-running accident must stay at the scene until first responders arrive. If the damage to the vehicles is minor and no person is injured, then terms for vehicle repair can be agreed upon immediately. However, in the case of injury or fatality, the culpability of the accident is determined through thorough investigation by the police. Any person fleeing the scene can be charged under severe criminal laws.
Call the police
The collision must be reported if it resulted in the injury or death of any person, or if the vehicle is damaged to the extent of immobilization.
Check injuries and call 911
Those involved in the accident, as well as bystanders and witnesses to the accident, should check the victims for injuries and to see whether they require medical attention. Emergency personnel (911) should be contacted immediately if the accident results in injury, death, or severe vehicle damage.
Exchange contact and insurance information
Under Texas law, the parties involved in the collision must exchange insurance coverage information and contact details (names and phone numbers) at the scene of the crash.
Take photographs and gather evidence
Clicking a picture of the other driver’s license and insurance card is helpful. Taking notes about the crash site as soon as possible can be helpful when recounting the details of the accident to the police. The police collect relevant details and share the Crash Report in approximately seven to ten business hours.
Be sure to gather any evidence that supports your right to a damages award or settlement. Record the accident scene to capture the vehicle position and other evidence, such as tire marks and airbag release. A video can be used to ascertain if the driver was intoxicated or driving under influence of drugs.
Call your insurance company
Contact your insurance company and explain the accident. Motor-vehicle insurance covering collisions can help you make a claim for repair.
The insurance company of the at-fault person involved in the collision can be asked to reimburse for damages.
Hire a qualified attorney with legal expertise on red-light-running accidents
Hiring a qualified attorney who specializes in red-light-running accidents is advisable. If you are injured because of the negligence of the other party in the collision, the attorney can help you sue the driver and claim compensation for vehicle damage, medical bills, lost wages, and pain and suffering.
How is a red-light-running collision investigated?
When police arrive at the scene of a red-light accident, they tend to injured persons and phone emergency personnel, if necessary. They interview everyone involved in the accident, including the witnesses, to figure out the sequence of events leading to the accident. They photograph the vehicles, the accident site, and the injuries sustained by the parties. The road and weather are examined to identify contributing factors.
The accident scene is measured and sketched. The police check drivers’ phone records and sobriety to ascertain if they show signs of distraction or impairment.
Accident reconstruction specialists are called in to examine the accident scene, and the information collected during the investigation is used to determine the driver at fault.
Can you sue for negligence in red-light-running accidents?
Negligence is the failure to take proper care or overlooking precautions while executing a task, resulting in a breach of duties owed to others and causing harm or loss. In a red-light-running accident, a negligent driver failing to exercise proper care when passing an intersection with a red traffic signal can be liable for any injuries caused.
You have the right to pursue compensation from anyone whose negligent actions at a traffic signal cause you injury, harm, or loss. You can claim compensation for property loss, medical costs, lost wages, pain, trauma, and other losses resulting from negligence.
Texas is an at-fault state for motor vehicle accidents. Therefore, any driver who is wholly or partially responsible for the accident is liable for the cost of any injuries caused. The victim must prove the driver was at fault in order to receive compensation.
How to prove negligence in red-light-running accidents?
To establish negligence in a red-light-running accident, the plaintiff must prove the following key elements:
- The defendant neglected to adhere to traffic laws. Specifically, the driver failed to stop at the red light.
- The defendant’s actions caused the accident.
- The accident resulted in injuries to the plaintiff, which may include medical expenses, property damage, lost wages, and emotional trauma.
Damages in red-light-running accidents
Economic damages
Economic damages refer to out-of-pocket expenses caused by a red-light-running accident, such as medical expenses, property damage, and lost income. Economic damages compensate the claimant for actual financial or monetary losses.
Noneconomic damages
Noneconomic damages compensate the claimant for things that cannot be quantified. They can include pain, suffering, disability, disfigurement, and loss of quality of life.
Recent case results
In March 2023, a person sustained severe injuries in a motor vehicle accident in Austin. The operator of an 18-wheeler truck T-boned the victim after running a stop light. Austin attorneys specializing in car accidents and injuries represented the victim and helped him claim compensation of $365,263.
In another red-light-running accident, a person was T-boned by a driver who ran a red light. She suffered from a herniated disc in her neck and needed epidural steroid injections, with doctors also recommending a cervical fusion. Attorneys settled the case and ensured the client received a net amount of $34,206.04.
How long do I have to file a red-light-running accident lawsuit in Austin?
According to the Texas statute of limitations, a victim of a red-light-running accident in Austin, Texas, must file a suit within two years of the date of the accident in order to claim damages.
How much does it cost to bring a red-light-running accident claim in Austin?
A common practice among attorneys representing clients in red-light-running accidents is to work on a contingency basis, where specific terms and percentages are established in a written agreement between the attorney and the plaintiff at the time the attorney agrees to represent the case. Contingency fees in Austin typically vary from 20 percent to 40 percent, with an average of 33 percent.
Before determining contingency terms, lawyers in Austin consider the strength and complexity of your claim, as well as the parties involved, to evaluate whether trial or out-of-court settlement would be the best approach for obtaining a positive outcome. If a lawyer believes a case will need to go to trial, the contingency fee percentage may be higher.
In addition to lawyer fees, litigation expenses include copies and postage, court filing fees, expert witness fees, deposition and travel costs, and trial preparation expenses. Contingency fee agreements should state whether the lawyer or client covers these expenses. It’s crucial to clarify with your lawyer which expenses you will need to pay for upfront and which overheads you will need to cover out of pocket in the event you lose at trial or are unable to settle the case.
How can a red-light-running accident lawyer help with your case?
An expert lawyer can help you with the following functions:
- Legal representation: Lawyers will appear on your behalf at depositions or any court hearings and will present your case at trial, if necessary. Your lawyers will also try to negotiate a settlement for you in order to prevent the cost and time required to bring a case to trial.
- Building your case: A lawyer can analyze evidence in your favor or against you and develop a strategy to strongly defend you before the court.
How to choose the right lawyer for a red-light-running accident?
The following criteria can be considered when searching for an attorney:
- Experience: When selecting an attorney for a red light accident, prioritizing experience is crucial. Consider their past cases and years of expertise in Texas accident law.
- Reviews: Read client reviews thoroughly when considering options.
- Qualification: Check the lawyer’s qualifications and verify their expertise in personal injury cases.
- Compare: Compare different lawyers and find the best among them. Select an attorney who can provide better service at an effective cost.
Summary
Red-light-running accidents are one of the most common kinds of crashes in Austin.
What are red-light-running accidents: Red-light-running accidents occur when a driver runs a red light at a traffic signal in an intersection in Austin.
Red-light accident law in Austin: A driver must stop at a steady red light in Austin, Texas. Entering an intersection at a red light is considered “running a red light,” a Class C misdemeanor in Austin.
Statistics of red-light-running accidents in Austin: According to a 2022 Austin government report, accidents caused by running red lights are among the six most frequent types of crashes.
Causes of red-light-running accidents: Common causes of red-light-running accidents in Austin are distracted driving, drunk driving, and speeding.
Types of red-light-running accidents: Red-light-running accidents in Austin are typically three types: collisions or left-turn accidents, rear-end collisions, and T-bone collisions. T-bone collisions are the most common.
Victims of red-light-running accidents: Victims in red-light-running accidents include passengers, bicyclists, motorcycle riders, and pedestrians.
Things to do after a red-light-running accident:
- Do not leave the scene after the accident and call the police. If any person at the scene is seriously injured or dead, or a vehicle has been immobilized, call 911.
- Exchange insurance coverage information and contact details with other vehicles involved in the accident.
- Take pictures of the accident site and gather evidence.
- Inform your insurance company about the accident, and hire an attorney specializing in red-light-running accidents.
Red-light-running collision investigation: The accident scene is secured and blocked to allow emergency personnel to work. The police gather information and examine the vehicles and witnesses to find out the cause and persons responsible for the accident. Additional investigation is sometimes necessary.
Can you sue for negligence in a red-light-running accident?: You are entitled to seek compensation from anyone whose negligence at a traffic signal led to your injury or loss. Damages can cover medical bills, lost wages, pain, trauma, and other losses.
How to prove negligence in red-light-running accidents: To establish negligence in a red-light-running accident, the plaintiff must prove the following elements:
- The defendant violated traffic laws by failing to stop at the red light.
- The defendant’s actions directly caused the accident, resulting in damage to vehicles.
- The defendant’s actions caused injuries to the plaintiff.
Maximum time limit to file an accident lawsuit for a red-light-running accident in Austin: You can file an accident lawsuit or claim within two years of the accident date according to the statute of limitations in Texas.
Damages that might be claimed for a red-light-running accident: You can claim economic or noneconomic damages. Economic damages are meant to compensate the victim for their monetary loss, and noneconomic damages compensate for injuries that cannot be calculated, such as pain and suffering and other non-monetary losses.
Costs to file a red-light-running accident claim in Austin, Texas: Costs of a red-light-running accident claim in Austin include court costs and attorney costs. The court costs include the filing fee, copy and postage costs, expert witness fees, and other fees. An attorney in red-light-running accident cases typically charges a contingency fee in the range of 20-40 percent, depending on the case.
How a red-light-running accident lawyer can help with your case: An experienced red-light-running accident attorney can help you build your case, represent you in court, and give sound legal advice on whether to settle or take your case to trial.
How to choose the right red-light-running accident lawyer: Look into qualifications and experience; read client reviews, and compare various red-light-running accident lawyers when choosing the right lawyer for your case.
FAQs
What should I do immediately after a red-light-running accident in Austin, Texas?
Remain at the accident scene, and call 911 in case of serious injuries or death, or if a vehicle is damaged to the extent of immobilization. Exchange insurance information and contact details, and inform your insurance company.
Why do I need an attorney for a red-light-running accident case in Austin?
An attorney experienced with red-light-running accidents can give you proper legal advice, represent you in court, and build a strong case to obtain a verdict in your favor.
How do I find the right red-light-running accident attorney in Austin?
Compile a list of attorneys who have experience with red-light-running accident cases in Austin. Compare their experience and expertise to narrow your choices. Meet or talk to two or three different ones to see which is the best fit for you.
What is the typical compensation for red-light-running accident cases in Austin, Texas?
Every red-light-running accident is unique. The amount of a settlement or damage award depends on the value of current and future losses sustained in the accident.
Is there a statute of limitations for filing a red-light-running accident lawsuit in Austin?
Texas imposes a statute of limitations for filing a lawsuit for a red-light-running accident in Austin. A person can file a red-light-running accident lawsuit within two years of the date of the accident.
What evidence is crucial in a red-light-running accident case?
Witness statements, police reports, pictures, cell phone records, and any surveillance recordings are crucial evidence in red-light-running accident cases. Apart from that, damage to vehicles, the position of vehicles, and personal injuries are also important.
How long does it typically take to resolve a red-light-running accident case in Austin?
In Austin, car accident cases, including red-light-running accident cases, typically take six to 18 months to fully resolve.
Do I have to go to court for a red-light-running accident case in Austin?
Most cases settle before trial, but it may be necessary to go to court if you are suing or being sued for a red-light-running accident case.