Dangerous Intersection Car Accident Lawyer

Any time drivers must interact with each other on the roadways, the risk of a collision increases. Intersections can be particularly risky because traffic moving in opposite directions through the intersection can result in a head-on collision.

Driver error is the most common cause of intersection accidents. However, sometimes the design of an intersection or poor maintenance can increase the risk of a crash.

Some common causes of intersection accidents include:

• Distracted driving
• Failure to yield the right of way
• Not following traffic signals
• Speeding
• Tailgating

Maneuvers such as attempting to pass other vehicles or execute a U-turn can also increase the risk of an intersection collision.

Some intersections have a reputation for being more dangerous than others. There are multiple reasons why the frequency or severity of accidents is higher at some intersections.
 

Poor Design

 
Most intersections in the United States do not have traffic signals. These intersections may be uncontrolled or controlled by a stop or yield sign.

Cities, towns and counties typically use uncontrolled intersections on roads in rural or residential areas that have very low traffic volume. However, sometimes changes in traffic patterns or poor planning result in a volume of traffic that is too high for an uncontrolled intersection to be safe.

Intersections, such as those found near busy shopping centers, may have traffic entering from multiple directions with no traffic light. Drivers may not understand who has the right of way, increasing the risk of collisions.
 

Unsafe Signal Timing

 
About one-third of all deaths from intersection crashes happen at intersections with traffic signals. Drivers who run red lights cause the largest share of these accidents. However, because traffic signals are often timed in a way that balances the need for efficient traffic flow against safety, poor signal timing can contribute to accidents.
 

Confusing or Missing Signs

 
Some intersections may require drivers to merge or make other risky maneuvers without any signs to guide them. Additionally, sometimes signs may be missing or difficult to read because of theft, vandalism, wear and tear or damage from weather or collisions.

A tall vehicle, overhanging branches or overgrown shrubbery can also make it difficult for drivers to see signs. Sometimes, the poles that hold up traffic lights and signs are at an angle that can be difficult for drivers approaching the intersection to see.
 

Lack of Visible Markings

 
Painted-on lines that separate lanes of traffic or mark where drivers should stop at intersections can fade over time. Drivers who can’t see road markings may drift into oncoming traffic or fail to stop before entering an intersection.

Who is at fault for a car accident at a dangerous intersection depends on multiple factors. In some cases, more than one party may share a portion of the fault.

Negligent Drivers

All drivers must pay attention when approaching an intersection and obey all relevant traffic laws. Drivers also must take steps to attempt to avoid an accident when other drivers, pedestrians or cyclists engage in negligent behavior.

Drivers who fail to obey traffic laws or make a reasonable attempt to avoid an accident may be liable for all or a portion of the damages that result. To collect damages from a negligent driver, you must prove four things:

1. The other driver had a duty to obey the traffic laws.
2. The other driver violated one or more traffic laws.
3. The other driver’s failure to obey the traffic laws caused an accident.
4. The accident caused your injuries and other damages.

If you can prove these four elements of negligence, the other driver may have to pay for your damages.

State Governments and Municipalities

If a flaw in the design or maintenance of the intersection caused your accident, the state or local government responsible for maintaining the intersection could be liable for your damages. However, in some cases, government entities and employees may be immune under the doctrine of sovereign immunity.

Sovereign immunity laws vary by location. The Arizona Supreme Court abolished the doctrine in 1963; however, the Arizona state legislature established a state tort claims statute that provides immunity in some circumstances.

To prove someone else’s negligence caused your car accident, you need to prove the other driver violated the traffic laws. Right-of-way violations are one of the most common causes of intersection accidents.
 

Right-of-Way Traffic Laws at Traffic Lights

 
Right of way is the easiest to determine at an intersection controlled by a traffic light. A driver who fails to stop at a red light is usually the majority at fault in an accident involving another driver who had a green light.

Things can get murkier when a driver attempts to beat a yellow light, is turning right during a red light or is making a left turn at a green light. In these situations, generally, the driver proceeding straight through the intersection who has a green light has the right of way.

When traffic lights malfunction, drivers should treat the intersection like a four-way stop. In some cases, local authorities may manually direct traffic when traffic signals stop working.
 

Right-of-Way Traffic Laws at Stop Signs

 
At four-way stops, the driver who arrives first has the right of way. When two cars arrive at the same time, the driver on the right has the right of way. Drivers turning left must yield the right of way to cars going straight or turning right.

Serious collisions are more likely to occur at two-way stops because not all drivers must stop at the intersection. Accidents can occur when drivers can’t see oncoming traffic, fail to look before entering the intersection or misjudge how far away another vehicle is or how fast it is going.

Attempting to file a lawsuit or insurance claim on your own may put you at a disadvantage. Most people are unfamiliar with court procedures, evidence rules and other factors that can impact the success of a court case.

Additionally, accident lawyers and insurance companies deal with car accidents all the time and probably know a lot more about the subject than you do. Working with a car accident attorney can benefit you in several ways.

Determining Fault

A car accident attorney can investigate the accident scene, review the police report, interview witnesses and examine photos or videos of the intersection to determine if another party is at fault for your accident. An attorney will also know the laws in the city and state where the accident occurred and be able to determine whether sovereign immunity applies in cases where the entity responsible for designing or maintaining the intersection could be at fault.

Filing a Lawsuit or Insurance Claim

Your attorney can handle the administrative tasks involved with filing a lawsuit or insurance claim, reducing the chance that a missed deadline or error could negatively impact your case. Your attorney can also negotiate with the insurance company or other party on your behalf, potentially obtaining a settlement for you without the need to go to court.

Valuing Your Case

Insurance companies will attempt to settle your case for the least amount possible. Your attorney can estimate the value of your case based on the anticipated cost of your medical care, lost wages and other expenses, plus any amount the other party may owe you for pain and suffering and other non-monetary damages. This information will help ensure that you receive a fair settlement.

Once you have checked everyone for injuries and called an ambulance for anyone who needs immediate medical attention, contact the police to file a report and get a copy. Go to the emergency room or schedule an appointment with your regular doctor if you have injuries.

Contact a car accident attorney and don’t discuss the case with anyone else. Consider staying off social media until your case is over.