When Red-Light Runners Cause Car Accidents

Florida Red Light Rules

Section 316.075(1)(c)1, Florida Statutes requires Florida drivers to stop at red lights. In Florida, a steady yellow light is just a warning that the light is about to turn red. A Florida driver is allowed to enter an intersection while the light is still yellow, just not after it has turned red.

Right-On-Red Rule

Florida law allows motorists to make a right turn after stopping at a red light, unless there is a sign indicating that the turn is prohibited. However, when making a right turn on red, drivers must always use caution, and follow right-of-way rules.

Left-on-Red Rule

In Florida, a motorist may legally make a left turn–after stopping at a red light–only from a one-way street onto another one-way street.

Reasons for Red Light Running

A driver who runs a red light without stopping, may be:

  • Speeding, and in a hurry to get somewhere;
  • Distracted, and oblivious that the light has turned red;
  • Driving while drowsy, and slower to react to the light changing;
  • Driving under the influence, and not concerned with stopping

In certain cases, a driver may attempt to stop, but be unable to stop because:

  • A car part is defective, e., such as the brakes suddenly stopped working; or
  • Bad weather conditions, such as heavy rain, causes a driver to hydroplane or slide across an intersection.

However, most red light accidents are due to driver negligence. Negligence is the failure to use the due care that a reasonable driver would use, under the circumstances.

Penalties for Running A Red Light in Florida
Usual Penalties

Generally, Florida red light violators who are pulled over by a police officer and receive a ticket are subject to:

  • A fine between $150 to $275; and
  • Three demerit points to their driving record.

More Serious Penalties

A red-light runner who:

  • Causes serious injury or death, may be subject to other major charges;
  • Is under the influence may also receive a DUI conviction.

Florida Red Light Cameras

A red light camera is a type of traffic law enforcement camera that automatically photographs vehicles that run red lights. In Florida red light cameras are primarily used at intersections.

As a driver passes over a sensor in the intersection while the traffic signal is red, a camera is activated, taking pictures of the vehicle’s license plate. Each image the camera captures is reviewed by a police officer, who then judges if a violation occurred. After the violation is recorded, an enforcement program issues a citation, which is then mailed to the registered owner of the vehicle.

The red light camera can also capture up to 12 seconds of video, as further evidence of the crime committed. The photo and video are evidence that assists authorities in their enforcement of traffic laws.

No Ticket for Driving through a Yellow Light

Florida red light cameras are only programmed to capture vehicles that enter the intersection when the light is red. If a vehicle enters an intersection when the light is yellow– and then turns red when the driver is already in the intersection– then no ticket will be issued.

Getting a red light bill — formally called a Notice of Violation — in the mail will not add points to your driver’s license. However, if you fail to pay the first $158 notice, a second notice will be sent, with an increased price of $262. If you receive this second notice, which is now counted as a ticket, points will be assessed on your license for the violation.

Running a Red Light Risks Serious Injuries and Deaths

Red light accidents can cause serious harm, including:

  • Broken bones;
  • Whiplash;
  • Traumatic brain injuries;
  • Spinal cord injuries; and
  • Internal organ damage.

According to the Insurance Institute of Highway Safety (IIHS), red light accidents account for more than 800 deaths and over 130,000 injuries each year. Among those injured are:

  • Other drivers;
  • Passengers;
  • Pedestrians, and
  • Bicyclists

Compensation for Red Light Accident Victims

Red light runners can cause you injuries resulting in costly medical bills, leaving you unable to work for some time. Your vehicle may even be significantly damaged, resulting in extensive repairs, or a total loss.

After a red-light accident, you could get compensated for your damages, through the following automobile insurance coverages:

Florida law requires all Florida drivers to carry at least $10,000 for each of these two coverages. If your medical bills or property damage exceed $10,000, you will be unable to collect any more insurance coverage unless the at-fault driver carried bodily injury (BI) coverage, or you carried UM (uninsured) or UIM (underinsured motorist) coverage.

Taking Legal Action Against a Red-Light Runner

If your injuries are severe enough, you may have grounds to file a claim or lawsuit seeking compensation. You will have the burden of proving that the red-light runner was negligent, that is to say, that he/she failed to drive as a reasonable person would have, under similar circumstances.

Injured By A Red Light Runner?
Call Us. No Upfront Fees.

Have you or a loved one been seriously hurt by a red-light runner? You may be able to pursue compensation through an insurance claim, or– if necessary and appropriate—a lawsuit. The West Palm Beach car accident law firm, Law Offices of Andrea McMillan, is here to help, every step of the way.

We are ready to help you prove the following:

  • The driver owed you a duty to stop at the red light;
  • The driver breached his/her duty, by failing to stop at the red light;
  • The driver’s breach of that duty (negligence) led to the accident, and your injuries;
  • The accident led to you to suffer tangible damages

We will conduct an investigation into what happened, looking at video (traffic light cameras, surveillance footage, etc.) and photographic evidence (of the accident scene, your injuries, property damage, etc.) to help show that the light was red when the other driver ran it. Getting in touch with witnesses and looking over any police reports after the accident, we will work to show that the other driver acted negligently, and had no excuse for running a red light.

We Care, and Are Ready to Help!

The Law Offices of Andrea McMillan has been helping accident victims obtain maximum compensation for their damages for more than two decades. We welcome the opportunity to review your claim and discuss the legal options that may be available to you during a free initial consultation.

Our initial consultations are complimentary with zero obligation to hire us. Should you decide to move forward, we charge nothing up front.  We only receive payment if we recover compensation for you.  Call (561) 612-5700  today for a free consultation. We’ll take good care of you.

 



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